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317:40-5-13.Agency Companion Services provider agency responsibilities
[Revised 09-01-15]

(a) The agency providing Agency Companion Services (ACS) complies with Oklahoma Health Care Authority and Oklahoma Department of Human Services (DHS) policies and procedures governing all aspects of service provision.

(b) The provider agency is responsible for all contract provider related activities detailed in this Subchapter.

(c) In the event the provider agency wishes to discontinue services immediately due to an emergency, the provider agency cooperates with the DHS Developmental Disabilities Services (DDS) to secure alternative services in the least restrictive environment.

(d) The provider agency ensures that services provided meet requirements of Oklahoma Administrative Code (OAC) 340:100-5-22.1, unless other requirements are stated in this Section.

(e) When the provider agency serves as the member's representative payee, the provider agency must adhere to OAC 340:100-3-4.1 requirements.

(f) The provider agency acts immediately to remedy any situation posing a risk to the health, well-being, or provision of specified services to the member.

(1)  The provider agency's program coordination staff completes and submits incident and injury reports to DDS per OAC 340:100-3-34.

(2) A companion's contract is immediately terminated when a provider agency becomes aware a companion's name appears on the Community Services Worker Registry per OAC 340:100-3-39.

(g) The provider agency ensures only one member is served in a provider home.  Exceptions may be approved by the DDS area manager or designee.

(h) Team members, including the provider agency program coordinator, companion, member, legal guardian, advocate, and DDS case manager work together to resolve issues to ensure the member's needs are met and the shared living arrangement is successful.

(i) The choice of provider agency is made by the member or his or her legal guardian.

(j) When a member transfers from a provider agency, the outgoing provider agency ensures the member has a 30 calendar-day supply of medication and a seven-day supply of food, household, and personal supplies.

(k) Provider agency's program coordination staff responsibilities are to:

(1) visit the provider home daily during the first week of placement;

(2) make a minimum of three face to face visits per month per OAC 340:100-5-22.1;

(3) allow the member's needs to determine the frequency of all other visits;

(4) coordinate and submit quarterly reports to the provider agency for submission to the DDS area office; and

(5) communicate regularly with the DDS case manager regarding any changes in the household or any other program issues or concerns.

(l) The provider agency, companion, member, and guardian develop a back-up plan identifying respite staff and an alternate location in the event the home becomes uninhabitable.  The back-up plan:

(1) is submitted to the DDS case manager for approval;

(2) describes expected and emergency back-up support and program monitoring for the home; and

(3) is incorporated into the member's Individual Plan (Plan).

(m) The respite provider is:

(1) knowledgeable about the member;

(2) trained to implement the member's Plan;

(3) trained per OAC 340:100-3-38;

(4) responsible for the cost of the member's meals and entertainment during recreation and leisure activities. 

Activities selected must be affordable to the member and respite staff.  Concerns about affordability are presented to the Team for resolution.

(n) The spouse or other adult residing in the home is considered a natural support and may provide ACS in the absence of the companion, when trained per OAC 340:100-3-38.12.

(o) The spouse or other adult residing in the home cannot serve as paid respite staff.

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.