{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-198.16","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-198.16","heading":"Implementation - Requirements - Feasibility of","body":"expansion - Review.\n\nA. In order to implement the Oklahoma Self-Directed Care Act:\n\n1. The Oklahoma Health Care Authority Board and the Commission\n\nfor Human Services are hereby authorized to promulgate rules\n\nnecessary to enact the provisions of this act;\n\n2. The Oklahoma Health Care Authority shall take all actions\n\nnecessary to ensure state compliance with federal regulations;\n\n3. The Authority shall apply for any necessary federal waivers\n\nor waiver amendments required to implement the program;\n\n4. The Legislature intends that, as consumers relocate from\n\ninstitutional settings to community-based options, funds used to\n\nserve consumers in institutional settings shall follow consumers to\n\ncover the cost of community-based services; and\n\n5. The Department of Human Services or other applicable state\n\nentity for the population served may develop an electronic benefit\n\ntransfer feature for the provision of self-directed care services to\n\nconsumers.\n\nB. The Oklahoma Self-Directed Care Act, at a minimum, shall\n\nmeet the following requirements:\n\n1. The cost in the aggregate of the services offered through\n\nthe self-directed care plan shall be equal to or less than the cost\n\nof a home- and community-based waiver or comparable waiver program;\n\n2. The baseline level of consumer satisfaction shall be\n\nmeasured by a third party prior to initiation of the Oklahoma Self-\n\nDirected Care Act;\n\n3. The scope of services offered within the Self-Directed Care\n\nProgram shall comply with current state statutes and rules, and\n\nfederal regulations; and\n\n4. Program evaluation which shall include an indication of\n\nwhether consumer satisfaction for Self-Directed Care Program\n\nconsumers is higher than or equal to consumer satisfaction for\n\nhome- and community-based waiver clients or other comparable waiver\n\nprograms, as measured by a third party.\n\nC. Upon the approval of the Centers for Medicare and Medicaid\n\nServices and the availability of funds, the Authority and the\n\nDepartment shall implement the Self-Directed Care Program statewide\n\nif the evaluation provided for in subsection B of this section\n\ndemonstrates consumer satisfaction with and cost-effectiveness in\n\nthe delivery of the program.\n\nD. The Authority and the Department shall conduct a feasibility\n\nstudy on the future design and implementation of expanding the home-\n\nand community-based waiver program to include additional people with\n\ndevelopmental disabilities, spinal cord injury or traumatic brain\n\ninjury; provided, however, before allocating any new monies to such\n\nprogram, the Department and the Authority shall prepare and submit\n\nto the Legislature the results of the feasibility study and a fiscal\n\nimpact statement.\n\nE. The Authority and the Department of Human Services shall\n\neach, on an ongoing basis, review and assess the implementation of\n\nthe Self-Directed Care Program. By January 15 of each year, the\n\nAuthority shall submit a written report to the Governor and\n\nLegislature that includes each agency’s review of the program.\n\nF. The Department of Human Services shall appoint a committee\n\nto assist the Department in the development of waivers and rules\n\nrelated to self-directed services, including the functional needs\n\nassessment used for determination of eligibility for the Self-\n\nDirected Services program. The committee shall be composed of two\n\nself advocates or adults with developmental disabilities; two\n\nparents or family members of consumers; two advocates; two\n\nrepresentatives of an agency providing Developmental Disabilities\n\nServices Division waiver services; one representative from the\n\nOklahoma Parent Center; and one representative from the University\n\nof Oklahoma Health Sciences Center for Learning and Leadership. The\n\ncommittee shall sunset no later than four (4) years after\n\nimplementation of programs indicated in this act. The Governor,\n\nPresident Pro Tempore of the Senate and the Speaker of the House of\nlities\n\nServices Division waiver services; one representative from the\n\nOklahoma Parent Center; and one representative from the University\n\nof Oklahoma Health Sciences Center for Learning and Leadership. The\n\ncommittee shall sunset no later than four (4) years after\n\nimplementation of programs indicated in this act. The Governor,\n\nPresident Pro Tempore of the Senate and the Speaker of the House of\n\nRepresentatives shall each appoint an at-large representative to the\n\nCommittee.\n\nThe Authority is hereby directed to modify the state Medicaid\n\nprogram Personal Care Program to allow any person to self-direct his\n\nor her own personal care services who:\n\n1. Is eligible to receive Personal Care Program services;\n\n2. Chooses to receive Personal Care Program services; and\n\n3. Is able to direct his or her own care or to designate an\n\neligible representative to assist in directing such care.","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":"b295e4fa60ed1ab93665c39e29967f7b0bfa2f6190b9aaa446fcb2bc2c4c7ae7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-198.15","next":"us-ok/okla.-stat.-tit.-56-56-198.17"},"notice":"GroundRules: Original legal text. Not legal advice."}