{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-198.15","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-198.15","heading":"Self-Directed Care Option","body":"A. 1. The Oklahoma Health Care Authority and the Department of\n\nHuman Services, hereinafter referred to as the Authority and the\n\nDepartment, respectively, are hereby directed to operate the Self-\n\nDirected Care Option for the citizens of the state who have\n\ndisabilities and are currently served by a home- and community-based\n\nwaiver with a Centers for Medicare and Medicaid Services approved\n\nself-directed option which shall be based on the principles of\n\nconsumer choice and control.\n\n2. The Department of Human Services shall implement the program\n\nupon federal approval.\n\n3. The Authority and the Department shall further establish\n\ninteragency cooperative agreements to implement and administer the\n\nprogram.\n\n4. Persons enrolled in the Self-Directed Care Option shall be\n\nauthorized to choose the providers of services and to direct the\n\ndelivery of services to best meet their long-term care needs.\n\n5. The Self-Directed Care Option shall operate within funds\n\nappropriated by the Legislature.\n\nB. Any person currently receiving waiver services in a home-\n\nand community-based waiver program as amended to include the Self-\n\nDirected Care Option and who is determined through the Department’s\n\nassessment process to be able to direct their own care or to\n\ndesignate an eligible representative to assist the person in\n\ndirecting care may choose to participate in the Self-Directed Care\n\nOption. For purposes of this section, a legal representative acts\n\non behalf of the consumer.\n\nC. 1. A consumer enrolled in the program shall be given a\n\nbudget allowance based on the results of the functional needs\n\nassessment for the consumer.\n\n2. The Department of Human Services shall develop purchasing\n\nguidelines, approved by the Authority, to assist a consumer in using\n\nthe budget allowance to purchase needed, cost-effective services.\n\nD. A consumer shall use the budget allowance only to pay for\n\nhome- and community-based services that meet the long-term needs of\n\nthe consumer and are a cost-efficient use of funds including, but\n\nnot limited to:\n\n1. Ancillary services as defined in Section 198.14 of this\n\ntitle;\n\n2. Basic services as defined in Section 198.14 of this title;\n\n3. Homemaking and chores, including housework, meals, shopping\n\nand transportation;\n\n4. Day care and respite care services provided by adult day\n\ncare facilities;\n\n5. Personal care and support services provided in an assisted\n\nliving facility should the facilities be subsequently approved for\n\nreimbursement under the state Medicaid program;\n\n6. Durable medical equipment and supplies; and\n\n7. Adaptive equipment.\n\nE. A consumer shall be allowed to choose providers of services,\n\nas well as when and how services will be provided. A qualified\n\nconsumer-employed caregiver is a person who is not legally\n\nresponsible for the consumer’s care, who is eighteen (18) years of\n\nage or older, has passed a criminal background check and a registry\n\ncheck pursuant to Sections 1025.2 and 1025.3 of this title, and has\n\nthe training necessary to meet the needs of the consumer. When the\n\nconsumer is the employer of record, the consumer's roles and\n\nresponsibilities include, but are not limited to, the following:\n\n1. Developing a job description;\n\n2. Selecting caregivers and submitting information for a\n\ncriminal history background check;\n\n3. Establishing and communicating needs, preferences and\n\nexpectations about services being purchased;\n\n4. Providing payments and tax requirements;\n\n5. Being considered employer of record for purposes of the\n\nWorkers’ Compensation Act and paying premiums for workers’\n\ncompensation insurance from the budget allowance or being self-\n\ninsured pursuant to the Workers’ Compensation Act;\n\n6. Directing and supervising consumer-employed caregivers;\n\n7. Ensuring the accuracy and timely submission of records\n\nrequired by the fiscal intermediary; and\n\n8. Terminating the employment of an unsatisfactory caregiver.\nWorkers’ Compensation Act and paying premiums for workers’\n\ncompensation insurance from the budget allowance or being self-\n\ninsured pursuant to the Workers’ Compensation Act;\n\n6. Directing and supervising consumer-employed caregivers;\n\n7. Ensuring the accuracy and timely submission of records\n\nrequired by the fiscal intermediary; and\n\n8. Terminating the employment of an unsatisfactory caregiver.\n\nF. The roles and responsibilities of the Department include,\n\nbut are not limited to:\n\n1. Assessing the functional needs of each consumer to determine\n\neligibility, developing a service plan, and establishing a budget\n\nallowance based on the needs assessment;\n\n2. Offering or contracting for services which shall provide\n\ntraining, technical assistance, and support to the consumer;\n\n3. Approving fiscal intermediaries;\n\n4. Establishing minimum qualifications and training for all\n\ncaregivers and providers;\n\n5. Serving as the final arbiter of the fitness of any\n\nindividual to be a caregiver or provider; and\n\n6. Developing and implementing a quality assurance plan.\n\nG. The responsibilities of the fiscal intermediary include, but\n\nare not limited to:\n\n1. Providing recordkeeping services;\n\n2. Retaining the budget allowance;\n\n3. Processing employment information;\n\n4. Processing federal and state tax, unemployment and FICA;\n\n5. Processing workers’ compensation insurance premiums or\n\npayments for self-insurance pursuant to the Workers’ Compensation\n\nAct;\n\n6. Reviewing records to ensure correctness;\n\n7. Writing paychecks to providers;\n\n8. Completing criminal history background check and registry\n\ncheck for consumer-employed caregivers pursuant to Sections 1025.2\n\nand 1025.3 of this title; and\n\n9. Delivering paychecks to the consumer for distribution to\n\nproviders and caregivers.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"86413d06ba18decbcea7cc83a1d3362f181cbeed791aad9054d678e8dc7b8298","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-198.14","next":"us-ok/okla.-stat.-tit.-56-56-198.16"},"notice":"GroundRules: Original legal text. Not legal advice."}