Current through Vol. 41, No. 20, July 1, 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) Flouride 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)
Forthis 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. Forthis 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, orby 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 unlessthe 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 inthe 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 Speech-Language Pathology and
Audiology, per OAC
317:30-5-675.
(B)
Service description. Speech
therapy includes evaluation, treatment, and consultation in communication, oral
motoractivities, 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. Forthis 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
servicesor 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 ageor
older;
(ii) Are specifically
trained to meet members' unique needs;
(iii) Have notbeen 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 supervisionfamily
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,
andwho 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 noservice 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,
317:40-7-13,
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 amonggroup 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. Forthis 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 Services;
(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
317:40-7-6.
(14)
Supported employment.
(A)
Minimum qualifications.
Supported employment providers:
(i) Are
eighteen (18) years of ageor 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. Thesupported employment outcome
is sustained paid employment at or above minimum wage, but not less than the
customary wage and benefit level the employerpays for the same or similar work
individuals without disabilitiesperform. 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 membersrequire 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 Services;
(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
ageor 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 thesupport level
HTS or DLS staffprovides 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 noservice
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 services.
(A)
Minimum qualifications.
Adult day service 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 services.
(B)
Service description. Adult day services provide assistance with
retaining or improving the member's self-helpability 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. Adult day services are 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 six (6) hours daily, at which
point a unit is one (1) day. 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