Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 100 - Developmental Disabilities Services
Subchapter 5 - Client Services
Part 5 - INDIVIDUAL PLANNING
Section 340:100-5-52 - Personal Support Team (Team)
Universal Citation: OK Admin Code 340:100-5-52
Current through Vol. 42, No. 1, September 16, 2024
(a) The Team is composed of people selected by the service recipient who know and work with the service recipient or whose participation is necessary to achieve the service recipient's desired outcomes.
(1) To
respect the service recipient's dignity and privacy, the Team is no larger than
is necessary to plan and implement the services needed to achieve the service
recipient's desired outcomes. The Team is large enough to possess the expertise
and capacity necessary to address the service recipient's needs, but not as
large as to intimidate the service recipient or to stifle the service
recipient's participation or that of his or her representatives.
(2) The core Team includes the service
recipient, his or her case manager, the legal guardian, and advocate(s), when
applicable and, who may be a parent, family member, friend, or another
individual who knows the service recipient well. The service recipient is
assured of his or her opportunity to select an individual to serve as an
advocate.
(3) Depending on the
service recipient's needs and the issues addressed, the Team may include
others. The selection of these additional Team members reflects the service
recipient's choices.
(b) The Team role is detailed in this subsection.
(1) Team members implement responsibilities
identified in the Individual Plan (Plan) or in the Oklahoma Human Services
(OKDHS) or Oklahoma Health Care Authority (OHCA) rules. Implementation of the
Plan may only be delegated to persons who are appropriately qualified and
trained.
(2) The Team develops the
Plan and reviews and approves strategies, protocols, and guidelines developed
to implement services or supports.
(3) The service recipient or his or her
guardian participate in the development of the Plan and provide written,
informed consent for the Plan's implementation.
(4) The Team implements the Plan upon
approval of the Plan of Care, and inclusion of service providers' signatures on
the Plan signature sheet.
(5) A
copy of the Plan is maintained, per Oklahoma Administrative Code (OAC)
340:100-3-40.
All staff implementing the Plan must be knowledgeable about its contents and
have access to a copy of the Plan.
(6) Each Team member responsible for services
identified in the Plan sends a quarterly summary of progress on assigned
outcomes and action steps to the case manager.
(A) The quarterly summary of progress is due
by the 10th of:
(i) April for services
rendered in January, February, and March;
(ii) July for services rendered in April,
May, and June;
(iii) October for
services rendered in July, August, and September; and
(iv) January for services rendered in
October, November, and December, unless an alternative schedule is specified in
the Plan.
(B) The
quarterly summary of progress includes:
(i)
whether services were provided per the Plan, and if not why; and
(ii) if the outcomes were achieved;
or
(iii) the outcome progress
status, if not achieved.
(c) The case manager role is detailed in this subsection.
(1) Prior to the initial and
annual Team meeting, the case manager meets with the service recipient and his
or her advocate or legal guardian, when applicable, to review the individual
situation, including the service recipient's vision and progress attaining the
vision. Among the questions explored are whether the service recipient is
satisfied with the results of the Plan and whether outcomes need to be revised,
based on the progress achieved, or on changing circumstances in the service
recipient's life. This review provides a clear agenda for the Team meeting and
ensures the service recipient's input and participation.
(2) The case manager identifies available
service providers for selection by the service recipient or legal guardian.
(3) The case manager ensures the
size and composition of the Team support the person-centered planning process.
(A) The case manager plans for the
participation of people whom the service recipient wants on the Team, people
whose services are needed to achieve identified outcomes, and people who know
the service recipient best. The case manager sends Team members written or
electronic notice of the meeting, at least 30-calendar days in advance of the
annual Team meeting.
(B) Planning
may occur in Team meetings or through individual or small group consultation
according to the service recipient's wants and needs.
(C) The case manager notifies a Team member
by letter when his or her services on the Team are no longer required:
(i) at the request of the service recipient
or the legal guardian; or
(ii) when
the Team member's performance reveals a course of action that:
(I) is not in the service recipient's best
interest;
(II) is destructive
toward the Team's collaborative process; or
(III) violates OKDHS or OHCA rules or
accepted standards of professional practice.
(4) Unless the service recipient
elects to chair his or her own meetings, the case manager serves as Team chair.
(5) The case manager empowers and
supports the service recipient in setting the direction for the Team and in
actively participating in Team meetings.
(6) The case manager writes or revises the
Plan based on input from the Team.
(7) The case manager assists the Team in
developing strategies, protocols, and guidelines to achieve the service
recipient's preferred or needed outcomes.
(8) The case manager monitors all aspects of
the Plan's implementation, per OAC
340:100-3-27.
(9) The case manager routinely asks the
service recipient, his or her family, guardian, or advocate about their
satisfaction with services and supports, and initiates appropriate action to
identify and resolve barriers to consumer satisfaction.
(10) The case manager convenes Team meetings
as needed.
(A) The Team evaluates if the Plan
and its components are meeting the service recipient's objectives.
(B) The case manager may convene a Team
meeting at the request of any Team member.
(C) Meetings are held at times and locations
convenient for the service recipient.
(11) Case manager responsibilities are
carried out by provider-agency program coordination staff when the service
recipient receives state-funded employment, state-funded group home, or
assisted living services without Waiver supports. Each person filling this role
in a provider agency must have a minimum of four years of any combination of
college level education and full-time equivalent experience in serving persons
with disabilities, unless this requirement is waived in writing by the DDS
director or designee.
(12) The
planning process must:
(A) reflect the
service recipient's cultural considerations;
(B) be provided in plain language in an
accessible manner; and
(C) provide
needed language services or aids.
(13) In order to avoid a conflict of
interest, DDS staff including the case manager, case management supervisor, and
plan of care reviewer must not:
(A) be
related by blood or marriage to the service recipient, or any paid service
provider for the service recipient;
(B) be financially responsible for the
service recipient;
(C) be empowered
to make financial or health related decisions for the service recipient;
or
(D) hold a financial interest in
any entity paid to provide care for the service
recipient.
Added at 15 Ok Reg 2136, eff 5-5-98 (emergency); Added at 16 Ok Reg 1056, eff 4-26-99; Amended at 19 Ok Reg 2948, eff 8-1-02 (emergency); Amended at 20 Ok Reg 936, eff 6-1-03; Amended at 23 Ok Reg 1026, eff 5-11-06; Amended at 27 Ok Reg 838, eff 7-1-10; Amended at 28 Ok Reg 897, eff 6-1-11
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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