Current through Vol. 42, No. 1, September 16, 2024
(a)
Authority. Title 63 O.S.
Section
1-1947(Y)
authorized the Department to establish through rulemaking the effective dates
of subsections D through V of Section 1-1945 of Long Term Care Security Act, by
category of employer.
(b)
Effective dates. The effective dates for subsections D through V
of Section 1-1947 (relating to screening and fingerprint based background
checks) are defined below.
(1) For the
following, compliance may begin February 1, 2014, but shall be required no
later than March 1, 2014:
(A) Adult Day Care
Centers as defined by Section
1-872 of
Title 63 of the Oklahoma Statutes; and
(B) Residential care homes as defined by
Section 1-820 Title 63 of the Oklahoma Statutes.
(2) For Specialized Nursing Facilities
licensed pursuant to Title 63 O.S. Section
1-1901 et
seq., compliance may begin February 1, 2014, but shall be required no later
than April 1, 2014:
(3) For the
following employers, compliance may begin February 1, 2014, but shall be
required no later than May 1, 2014:
(A)
Applicants for employment with the State Department of Health and Department of
Human Services whose responsibilities include working inside long term care
facilities, pursuant to Title 63 O.S. Section
1-1947(A)(1);
and
(B) Nursing Facilities licensed
pursuant to Title 63 O.S. Section
1-1901 et
seq.,
(4) For the
following employers compliance may begin February 1, 2014, but shall be
required no later than June 1, 2014:
(A)
Continuum of Care or Assisted Living facilities licensed pursuant to Title 63
O.S. Section
1-890.1 et
seq.; and
(B) Hospice programs
licensed pursuant to Title 63 O.S. Section
1-860.1 et
seq.
(5) For Medicare
Certified Home Care Agencies licensed pursuant to Title 63 O.S. Section
1-1960 et
seq., compliance may begin February 1, 2014, but shall be required no later
than July 1, 2014.
(6) For all
other employers defined in Title 63 O.S. Section
1-1945(4),
compliance may begin February 1, 2014, but shall be required no later than
August 1, 2014.
(7) For Nurse Aide
Scholarship Programs operated under contract with the Oklahoma Health Care
Authority compliance may begin July 1, 2014, but shall be required no later
than August 1, 2014.
(8) For
staffing agencies or independent contractors as defined in Title 63 O.S.
Section
1-1945(4),
compliance shall match the contracted employer.
(9) Pursuant to Title 63 O.S. Section
1-1947(I)(5),
Medicaid home and community-based services waivered providers as defined in
Section 1915 (c) or 1915 (i) of the federal Social Security Act may voluntarily
participate in the submission of fingerprints for applicants. In lieu of
fingerprinting, said providers shall obtain a name-based state criminal history
record check from the [Oklahoma State Bureau of Investigation]at the fee
established in Section
150.9
of Title 74 of the Oklahoma Statutes. No other fees shall apply to said
providers relying on a name-based state criminal history record check. The
determination of employment eligibility shall be made by said providers based
on the criteria established in subsection D of [Title 63 O.S. Section
1-1947
].
(c)
Nurse Aide
Scholarship Programs. For the purposes of complying with Title 63 O.S.
Section
1-1947(G)
(related to conducting a registry screening and criminal history record check),
the Nurse Aide Scholarship Program may refer the applicant's application and
release to the Department for registry screening and authorization to collect
fingerprints.
(d)
Alternate
Name Based Background Check. Where the Department is unable to authorize
the collection and submission of fingerprints through an authorized collection
site pursuant to Title 63 O.S. Section
1-1947(I),
the Department shall conduct a name based search of the applicant in the
criminal history database maintained by the Oklahoma State Bureau of
Investigation.
