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317:40-5-5.Agency Companion Services provider responsibilities

[Revised 09-01-15]

(a) Companions are required to meet all applicable standards outlined in this subchapter and competency-based training per Oklahoma Administrative Code (OAC) 340:100-3-38.  The provider agency ensures all companions meet the criteria in this Section.

(b) Failure to follow any rules or standards, failure to promote the independence of the member, or failure to follow  recommendation(s) of the personal support team (Team) results in problem resolution, per OAC 340:100-3-27, for the companion, and when warranted, revocation of approval of the companion.

(c) The companion:

(1) ensures no other adult or child is cared for in the home on a regular or part-time basis, including other Oklahoma Department of Human Services (DHS) placements, family members, or friends without prior written authorization from the Developmental Disabilities Services Division (DDS) area manager or designee;

(2) meets the requirements of OAC 317:40-5-103. Neither the companion nor the provider agency may claim transportation reimbursement for vacation travel;

(3) transports or arranges transportation for the member to and from school, employment programs, recreational activities, medical appointments, and therapy appointments;

(4) delivers services in a manner that contributes to the member's enhanced independence, self-sufficiency, community inclusion, and well-being;

(5) participates as a member of the member's Team and assists in the development of the member's Individual Plan(Plan) for service provision;

(6) develops, implements, evaluates, and revises the training strategies corresponding to the relevant outcomes for which the companion is responsible, as identified in the Plan. The companion may request assistance from the case manager or program coordinator. The companion documents and provides monthly data and health care summaries to the provider agency program coordination staff.

(7) delivers services at appropriate times as directed in the Plan;

(8) does not deliver services that duplicate the services mandated to be provided by the public school district pursuant to the Individuals with Disabilities Education Act (IDEA);

(9) is sensitive to and assists the member in participating in the member's chosen religious faith.  No member is expected to attend any religious service against his or her wishes;
(10) participates in, and supports visitation and contact with the member's natural family, guardian, and friends, when visitation is desired by the member;

(11) obtains permission from the member's legal guardian, a guardian is assigned, and notifies the family, the provider agency program coordination staff, and the case manager prior to:

(A) traveling out of state;

(B) overnight visits; or

(C) involvement of the member in any publicity;

(12) serves as the member's health care coordinator per OAC 340:100-5-26;

(13) ensures the monthly room and board contribution received from the member is used toward the cost of operating the household;

(14) assists the member in accessing entitlement programs for which the member may be eligible and maintains records required for the member's ongoing eligibility;

(15) works closely with the provider agency program coordination staff and the DDS case manager, to ensure all aspects of the member's program are implemented to the satisfaction of the member, the member's family or legal guardian, when appropriate, and the member's Team;

(16) assists the member to achieve the member's maximum level of independence;

(17) submits, in a timely manner, to the provider agency program coordination staff all necessary information regarding the member;

(18) ensures the member's confidentiality is maintained per OAC 340:100-3-2;

(19) supports the member in forming and maintaining friendships with neighbors, co-workers, and peers, including people who do not have disabilities;

(20) implements training and provides supports that enable the member to actively join in community life;

(21) does not serve as representative payee for the member without a written exception from the DDS area manager or designee.

(A) The written exception is retained in the member's home record.

(B) When serving as payee, the companion complies with OAC 340:100-3-4 requirements;

(22) ensures the member's funds are properly safeguarded;

(23) obtains prior approval from the member's representative payee when making a purchase of over $50 with the member's funds;

(24) allows provider agency and DDS staff to make announced and unannounced visits to the home;

(25) develops an Evacuation Plan, using DHS Form 06AC020E, Evacuation/Escape Plan, for the home and conducts training with the member;

(26) conducts fire and weather drills at least quarterly and documents the fire and weather drills using Form 06AC021E, Fire and Weather Drill Record;

(27) develops and maintains a personal possession inventory for personal possessions and adaptive equipment, using Form 06AC022E, Personal Possession Inventory;

(28) supports the member's employment program by:

(A) assisting the member to wear appropriate work attire; and

(B) contacting the member's employer as outlined by the Team and in the Plan;

(29) is responsible for the cost of the member's meals and entertainment during recreational and leisure activities.  Activities must be affordable to the member.  Concerns about affordability are presented to the Team for resolution;

(30) for adults, reports suspected maltreatment including abuse, verbal abuse, sexual abuse, neglect, financial neglect, and/or exploitation of a vulnerable adult per Section 10-104 of Title 43A of the Oklahoma Statutes to the DHS Office of Client Advocacy (OCA);

(31) for children, reports abuse, neglect, sexual abuse, or sexual exploitation per Section 1-2-101 of Title 10A of the Oklahoma Statutes to the Child Abuse and Neglect Hotline at 1-800-522-3511;

(32) follows all applicable rules promulgated by the Oklahoma Health Care Authority and DDS, including:

(A) OAC 340:100-3-40;

(B) OAC 340:100-5-50 through 100-5-58;

(C) OAC 340:100-5-26;

(D) OAC 340:100-5-34;

(E) OAC 340:100-5-32;

(F) OAC 340:100-5-22.1;

(G) OAC 340:100-3-27;

(H) OAC 340:100-3-38; and

(I) OAC 340:100-3-34;

(33) is neither the member's spouse, nor when the member is a minor child, the member's parent.  A family member servicing as companion must meet all requirements listed in this Subchapter; and
(34) is not the Chief Executive Officer of a provider agency.

Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.