Current through Vol. 42, No. 1, September 16, 2024
Habilitation services include the services identified in
(1) through (15) of this Section. Habilitation services providers must have an
applicable agreement with the Oklahoma Health Care Authority (OHCA) to provide
Developmental Disabilities Services (DDS) through Home and Community-Based
Services (HCBS).
(1)
Dental
services. Dental services are provided per Oklahoma Administrative Code
(OAC) 317:40-5-112.
(A)
Minimum qualifications.
Dental services providers must have non-restrictive licensure by the Oklahoma
State Board of Dentistry to practice dentistry in Oklahoma.
(B)
Description of services.
Dental services include services for maintenance or improvement of dental
health as well as relief of pain and infection. These services may include:
(i) Oral examinations;
(ii) Medically necessary images;
(iii) Prophylaxis;
(iv) Fluoride application;
(v) Development of a sequenced treatment plan
that prioritizes:
(I) Pain
elimination;
(II) Adequate oral
hygiene; and
(III) Restoring or
improving ability to chew;
(vi) Routine training of member or primary
caregiver regarding oral hygiene; and
(vii) Preventive, restorative, replacement,
and repair services to achieve or restore functionality provided after
appropriate review when applicable, per OAC
317:40-5-112.
(C)
Coverage
limitations. Dental service coverage is specified in the member's
Individual Plan (IP) in accordance with applicable Waiver limits. Cosmetic
dental services are not authorized.
(2)
Nutrition services.
Nutrition Services are provided, per OAC
317:40-5-102.
(3)
Occupational therapy
services.
(A)
Minimum
qualifications. Occupational therapists and occupational therapy
assistants have current, non-restrictive licensure by the Oklahoma Board of
Medical Licensure and Supervision. Occupational therapy assistants are
supervised by occupational therapists, per OAC
317:30-5-295
(b)(1).
(B)
Service description.
Occupational therapy services include evaluation, treatment, and consultation
in leisure management, daily living skills, sensory motor, perceptual motor,
mealtime assistance, assistive technology, positioning, and mobility.
Occupational therapy services may include occupational therapy assistants,
within the limits of the occupational therapist's practice.
(i) Services are:
(I) Intended to help the member achieve
greater independence to reside and participate in the community; and
(II) Rendered in any community setting as
specified in the member's IP. The IP includes a practitioner's
prescription.
(ii) For
this Section's purposes, a practitioner means medical and osteopathic
physicians, physician assistants, and other licensed health care professionals
with prescriptive authority to order occupational therapy services in
accordance with the rules and regulations governing the SoonerCare
program.
(iii) Service provision
includes a written report or record documentation in the member's record, as
required.
(C)
Coverage limitations. For compensable services, payment is made to
the individual occupational therapist for direct services or for services
provided by a qualified occupational therapist assistant within the
occupational therapist's employment. Payment is made in fifteen-minute
(15-minute) units, with a limit of four hundred and eighty (480) units per Plan
of Care (POC) year. Payment is not allowed solely for written reports or record
documentation.
(4)
Physical therapy services.
(A)
Minimum qualifications. Physical therapists and physical therapist
assistants must have current, non-restrictive licensure with the Oklahoma Board
of Medical Licensure and Supervision. The physical therapist supervises the
physical therapist assistant, per OAC
317:30-5-290.1
(b)(1).
(B)
Service description.
Physical therapy services include evaluation, treatment, and consultation in
locomotion or mobility skeletal and muscular conditioning, assistive
technology, and positioning to maximize the member's mobility and
skeletal/muscular well-being. Physical therapy services may include physical
therapist assistants, within the limits of the physical therapist's practice.
(i) Services are intended to help the member
achieve greater independence to reside and participate in the community.
Services are provided in any community setting as specified in the member's IP.
The IP includes a practitioner's prescription. For this Section's purposes,
practitioners are defined as licensed medical and osteopathic physicians and
physician assistants in accordance with the rules and regulations covering the
OHCA SoonerCare program.
(ii)
Service provision includes a written report or record documentation in the
member's record, as required.
(C)
Coverage limitations. For
compensable services, payment is to individual physical therapists for direct
services or for services provided by a qualified physical therapist assistant
within the physical therapist's employment. Payment is made in fifteen-minute
(15-minute) units with a limit of four hundred and eighty (480) units per POC.
Payment is not allowed solely for written reports or record
documentation.
(5)
Psychological services.
(A)
Minimum qualifications. Qualification to provide psychological
services requires current, non-restrictive licensure as a psychologist by the
Oklahoma State Board of Examiners of Psychologists, or by the licensing board
in the state where the service is provided. Psychological technicians who have
completed all board certification and training requirements may provide
services under a licensed psychologist's supervision.
(B)
Service description.
Psychological services include evaluation, psychotherapy, consultation, and
behavioral treatment. Service is provided in any community setting as specified
in the member's IP. The provider develops, implements, evaluates, and revises
the Protective Intervention Protocol (PIP) corresponding to the relevant
outcomes identified in the member's IP.
(i)
Services are:
(I) Intended to maximize a
member's psychological and behavioral well-being; and
(II) Provided in individual and group
formats, with a six-person maximum.
(ii) Service approval is based on assessed
needs per OAC
340:100-5-51.
(C)
Coverage
limitations.
(i) Payment is made in
fifteen (15) minute units. A minimum of fifteen (15) minutes for each
individual and group encounter is required.
(ii) Psychological services are authorized
for a period, not to exceed twelve (12) months.
(I) Initial authorization does not exceed one
hundred and ninety-two (192) units, forty-eight (48) service hours.
(II) Authorizations may not exceed two
hundred and eighty-eight (288) units per POC year unless the DDS Behavior
Support Services director or designee makes an exception.
(III) No more than twelve (12) hours of
services, forty-eight (48) units, may be billed for PIP preparation. Any
clinical document is prepared within sixty (60) calendar days of the request.
Further, if the document is not prepared, payments are suspended until the
requested document is provided.
(IV) When revising a PIP to accommodate
recommendations of a required committee review, the provider may bill for only
one (1) revision. The time for preparing the revision is clearly documented and
does not exceed four (4) hours.
(6)
Psychiatric services.
(A)
Minimum qualifications.
Qualification as a psychiatric services provider requires a current,
non-restrictive license to practice medicine in Oklahoma. Certification by the
American Board of Psychiatry and Neurology or satisfactory completion of an
approved residency program in psychiatry is required.
(B)
Service description.
Psychiatric services include outpatient evaluation, psychotherapy, medication
and prescription management and consultation, and are provided to eligible
members. Services are provided in the community setting specified in the
member's IP.
(i) Services are intended to
contribute to the member's psychological well-being.
(ii) A minimum of thirty (30) minutes for
encounter and record documentation is required.
(C)
Coverage limitations. A unit
is thirty (30) minutes, with a limit of two hundred (200) units, per POC
year.
(7)
Speech-language pathology services.
(A)
Minimum qualifications.
Qualification as a speech-language pathology services provider requires
current, non-restrictive licensure as a speech-language pathologist,
speech-language pathology assistant, or speech-language pathology clinical
fellow, by the Oklahoma Board of Examiners for SpeechLanguage Pathology and
Audiology, per OAC
317:30-5-675.
(B)
Service description. Speech
therapy includes evaluation, treatment, and consultation in communication, oral
motor activities, and/or feeding activities provided to eligible members.
Services are intended to maximize the member's community living skills and may
be provided in the community setting specified in the member's IP.
(i) The IP includes a practitioner's
prescription. For this Section's purposes, practitioners are defined as
licensed medical and osteopathic physicians, physician assistants, and other
licensed professionals with prescriptive authority to order speech or language
services or both in accordance with rules and regulations covering the OHCA
SoonerCare program.
(ii) A minimum
of fifteen (15) minutes for encounter and record documentation is
required.
(C)
Coverage limitations. A unit is fifteen (15) minutes, with a limit
of two hundred and eighty-eight (288) units, per POC. Payment is not allowed
solely for written reports or record documentation.
(8)
Habilitation training specialist
(HTS) services.
(A)
Minimum
qualifications. Providers complete Oklahoma Human Services (OKDHS)
DDS-sanctioned training curriculum. Residential habilitation providers:
(i) Are at least eighteen (18) years of age
or older;
(ii) Are specifically
trained to meet members' unique needs;
(iii) Have not been convicted of, pled guilty
to, or pled nolo contendere to misdemeanor assault and battery, or a felony,
per Section (§) 1025.2 of Title 56 of the Oklahoma Statutes (56 O.S.
§
1025.2) unless a waiver is
granted, per 56 O.S. §1025.2; and
(iv) Receive supervision and oversight from
contracted-agency staff with a minimum of four (4) years of any combination of
college-level education or full-time equivalent experience in serving persons
with disabilities.
(B)
Service description. HTS services include services to support the
member's self-care, daily living, and adaptive and leisure skills needed to
reside successfully in the community. Services are provided in community-based
settings in a manner that contributes to the member's independence,
self-sufficiency, community inclusion, and well-being.
(i) Payment is not made for:
(I) Routine care and supervision family
normally provides; or
(II) Services
furnished to a member by a person who is legally responsible, per OAC
340:100-3-33.2.
(ii) Family members who provide
HTS services meet the same standards as providers who are unrelated to the
member. HTS staff residing in the same household as the member may not provide
services in excess of forty (40) hours per week. Members who require HTS
services for more than forty (40) hours per week use staff members who do not
reside in the household, and who are employed by the member's chosen provider
agency, to deliver the balance of necessary support staff hours. Exceptions may
be authorized, when needed, for members who receive services through the
Homeward Bound Waiver.
(iii)
Payment does not include room and board or maintenance, upkeep, or improvement
of the member's or family's residence.
(iv) For members who also receive intensive
personal supports (IPS), the member's IP clearly specifies the role of the HTS
and person providing IPS to ensure there is no service duplication.
(v) Review and approval by the DDS plan of
care reviewer is required.
(vi)
Pre-authorized HTS services accomplish the same objectives as other HTS
services, but are limited to situations where the HTS provider is unable to
obtain required professional and administrative oversight from an OHCA-approved
oversight agency. For pre-authorized HTS services, the service:
(I) Provider receives DDS area staff
oversight; and
(II) Is pre-approved
by the DDS director or his or her designee.
(C)
Coverage limitations. HTS
services are authorized per OAC
317:40-5-110,
317:40-5-111, 317:407-13, and
340:100-3-33.1.
(i) A unit is fifteen (15) minutes.
(ii) Individual HTS service providers are
limited to a maximum of forty (40) hours per week regardless of the number of
members served.
(iii) More than one
(1) HTS may provide care to a member on the same day.
(iv) Payment cannot be made for services
provided by two (2) or more HTSs to the same member during the same hours of a
day.
(v) An HTS may receive
reimbursement for providing services to only one (1) member at any given time.
This does not preclude services from being provided in a group setting where
services are shared among group members.
(vi) HTS providers may not perform any job
duties associated with other employment including on-call duties, at the same
time they are providing HTS services.
(9)
Remote Supports (RS). RS is
provided per OAC 317:40-4-4.
(10)
Self Directed HTS (SD HTS). SD HTS are provided per OAC
317:40-9-1.
(11)
Self Directed Goods and Services
(SD GS). SD GS are provided per OAC
317:40-9-1.
(12)
Audiology services.
(A)
Minimum qualifications.
Audiologists have licensure as an audiologist by the Oklahoma Board of
Examiners for Speech Pathology and Audiology per OAC
317:30-5-675
(d)(1).
(B)
Service description.
Audiology services include individual evaluation, treatment, and consultation
in hearing to eligible members. Services are intended to maximize the member's
auditory receptive abilities.
(i) The
member's IP includes a practitioner's prescription. For this Section's
purposes, practitioners are defined as licensed medical and osteopathic
physicians, and physician assistants in accordance with OAC
317:30-5-1 covering the OHCA
SoonerCare program.
(ii) A minimum
of fifteen (15) minutes for encounter and record documentation is
required.
(C)
Coverage limitations. Audiology services are provided in
accordance with the member's IP.
(13)
Prevocational services.
(A)
Minimum qualifications.
Prevocational services providers:
(i) Are
eighteen (18) years of age or older;
(ii) Complete OKDHS DDS-sanctioned training
curriculum;
(iii) Are not convicted
of, pled guilty to, or pled nolo contendere to misdemeanor assault and battery,
or a felony per 56 O.S. § 1025.2, unless a waiver is granted per 56 O.S.
§ 1025.2; and
(iv) Receive
supervision and oversight from a person with a minimum of four (4) years of any
combination of college-level education or full-time equivalent experience in
serving persons with disabilities.
(B)
Service description.
Prevocational services are not available to persons who can be served under a
program funded per Section 110 of the Rehabilitation Act of 1973 or the
Individuals with Disabilities Education Act (IDEA) per Section
1401 et seq. of Title 20 of the
United States Code.
(i) Prevocational
services are learning and work experiences where the member can develop
general, non-job, task-specific strengths that contribute to employability in
paid employment in integrated community settings.
(ii) Activities include teaching concepts
such as communicating effectively with supervisors, co-workers, and customers,
attendance, task completion, problem solving, and safety. These activities are
associated with building skills necessary to perform work.
(iii) Pre-vocational services are delivered
to further habilitation goals that lead to greater opportunities for
competitive, integrated employment. All prevocational services are reflected in
the member's IP. Documentation is maintained in the record of each member
receiving this service, noting the service is not otherwise available through a
program funded under the Rehabilitation Act of 1973 or IDEA.
(iv) Services include:
(I) Center-based prevocational services, per
OAC 317:40-7-6;
(II) Community-based prevocational services
per, OAC 317:40-7-5;
(III) Enhanced community-based prevocational
services per, OAC
317:40-7-12; and
(IV) Supplemental supports, as specified in
OAC 317:40-7-13.
(C)
Coverage
limitations. A unit of center-based or community-based prevocational
services is one (1) hour and payment is based on the number of hours the member
participates in the service. All prevocational services and
supported-employment services combined may not exceed the annual costs set
forth in OKDHS Appendix D-26, Developmental Disabilities Services Rates
Schedule. The services that may not be provided to the same member at the same
time as prevocational services are:
(i)
HTS;
(ii) IPS;
(iii) Adult Day Health;
(iv) Daily Living Supports (DLS);
(v) Homemaker; or
(vi) Therapy services, such as occupational
therapy; physical therapy; nutrition, speech, or psychological services; family
counseling; or family training, except to allow the therapist to assess the
individual's needs at the workplace or to provide staff training, per OAC
317:40-76.
(14)
Supported employment.
(A)
Minimum qualifications.
Supported employment providers:
(i) Are
eighteen (18) years of age or older;
(ii) Complete the OKDHS DDS-sanctioned
training curriculum;
(iii) Are not
convicted of, pled guilty to, or pled nolo contendere to misdemeanor assault
and battery, or a felony, per 56 O.S. § 1025.2 unless a waiver is granted,
per 56 O.S. § 1025.5; and
(iv)
Receive supervision and oversight from a person with a minimum of four (4)
years of any combination of college-level education or full-time equivalent
experience in serving persons with disabilities.
(B)
Services description. For
members receiving HCBS Waiver services, supported employment is conducted in
various settings, particularly worksites where persons without disabilities are
employed, and includes activities that are outcome based and needed to sustain
paid work, including supervision and training. The supported employment outcome
is sustained paid employment at or above minimum wage, but not less than the
customary wage and benefit level the employer pays for the same or similar work
individuals without disabilities perform. The paid employment occurs in an
integrated setting in the general workforce in a job that meets personal and
career goals.
(i) When supported-employment
services are provided at a worksite where persons without disabilities are
employed, payment:
(I) Is made for the
adaptations, supervision, and training members require as a result of their
disabilities; and
(II) Does not
include payment for the supervisory activities rendered as a normal part of the
business setting.
(ii)
Services include:
(I) Job coaching per OAC
317:40-7-7;
(II) Enhanced job coaching per OAC
317:40-7-12;
(III) Employment training specialist services
per OAC 317:40-7-8; and
(IV) Stabilization per OAC
317:40-7-11.
(iii) Supported-employment services furnished
under HCBS Waivers are not available under a program funded by the
Rehabilitation Act of 1973 or IDEA.
(iv) Documentation that the service is not
otherwise available under a program funded by the Rehabilitation Act of 1973 or
IDEA is maintained in each member's record.
(v) Federal financial participation may not
be claimed for incentive payment subsidies or unrelated vocational training
expenses, such as:
(I) Incentive payments made
to an employer to encourage or subsidize the employer's participation in a
supported employment program;
(II)
Payments passed through to users of supported-employment programs; or
(III) Payments for vocational training not
directly related to a member's supported-employment program.
(C)
Coverage
limitations. A unit is fifteen (15) minutes and payment is made per OAC
317:40-7-1 through
317:40-7-21. All prevocational
services and supported-employment services combined cannot exceed $27,000, per
POC year. The DDS case manager assists the member to identify other
alternatives to meet identified needs above the limit. The services that may
not be provided to the same member, at the same time as supported-employment
services are:
(i) HTS;
(ii) IPS;
(iii) Adult Day Health;
(iv) DLS;
(v) Homemaker; or
(vi) Therapy services, such as occupational
therapy; physical therapy; nutrition, speech, or psychological services, family
counseling, or family training, except to allow the therapist to assess the
individual's needs at the workplace or to provide staff training.
(15)
IPS.
(A)
Minimum qualifications. IPS
provider agencies must have a current provider agreement with OHCA and OKDHS
DDS. Providers:
(i) Are eighteen (18) years of
age or older;
(ii) Complete OKDHS
DDS-sanctioned training curriculum;
(iii) Are not convicted of, pled guilty to,
or pled nolo contendere to misdemeanor assault and battery, or a felony, per 56
O.S. § 1025.2 unless a waiver is granted, per 56 O.S. §
1025.2;
(iv) Receive supervision
and oversight from a person with a minimum of four (4) years of any combination
of college-level education or full-time equivalent experience in serving
persons with disabilities; and
(v)
Receive oversight regarding specific methods to be used with the member to meet
the member's complex behavioral or health support needs.
(B)
Service description.
(i) IPS:
(I)
Are support services provided to members who need an enhanced level of direct
support in order to successfully reside in a community-based setting;
and
(II) Build on the support level
HTS or DLS staff provides by utilizing a second staff person on duty to provide
assistance and training in self-care, daily living, and recreational and
habilitation activities.
(ii) The member's IP clearly specifies the
role of HTS and the person providing IPS to ensure there is no service
duplication.
(iii) The DDS POC
reviewer is required to review and approve services.
(C)
Coverage limitations. IPS
are limited to twenty-four (24) hours per day and are included in the member's
IP, per OAC
317:40-5-151 and
317:40-5-153.
(16)
Adult day
health.
(A)
Minimum
qualifications. Adult Day Health provider agencies:
(i) Meet licensing requirements, per 63 O.S.
§ 1-873 et seq. and comply with OAC 310:605;
and
(ii) Are approved by the OKDHS
DDS director and have a valid OHCA contract for Adult Day Health.
(B)
Service
description. Adult Day Health provide assistance with retaining or
improving the member's self-help ability adaptive and socialization skills,
including the opportunity to interact with peers in order to promote a maximum
level of independence and function. Services are provided in a non-residential
setting away from the home or facility where the member resides.
(C)
Coverage limitations. are
adult day health is furnished four (4) or more hours per day on a regularly
scheduled basis, for one (1) or more days per week. A unit is fifteen (15)
minutes for up to a maximum of eight (8) hours daily. All services are
authorized in the member's IP.
Added at 12 Ok Reg 751, eff 1-5-95 through 7-14-95
(emergency); Added at 12 Ok Reg 3131, eff 7-27-95 ; Amended at 14 Ok Reg 769,
eff 1-24-97 (emergency); Amended at 14 Ok Reg 1792, eff 5-27-97 ; Amended at
15 Ok Reg 3816, eff 7-1-98 (emergency); Amended at 16 Ok Reg 1429, eff 5-27-99
; Amended at 19 Ok Reg 2134, eff 6-27-02 ; Amended at 22 Ok Reg 1007, eff
2-1-05 (emergency); Amended at 21 Ok Reg 2460, eff 7-11-05 ; Amended at 23 Ok
Reg 3179, eff 6-7-06 (emergency); Amended at 24 Ok Reg 879, eff 5-11-07 ;
Amended at 25 Ok Reg 2675, eff 7-25-08 ; Amended at 27 Ok Reg 1429, eff 6-11-10
; Amended at 29 Ok Reg 1088, eff 6-25-12 ; Amended at 29 Ok Reg 1788, eff
7-20-12 (emergency); Amended at 30 Ok Reg 1171, eff
7-1-13