ok-2381: Department of Human Services — Developmental Disabilities Services

Summary

Federal law partially mandates the proposed substantive amendments to operate a Home and Community-Based Services (HCBS) waiver. Per Section 302(a)(6), Part 441, Title 42 of the Code of Federal Regulations (42 C.F.R. § 441.302 (2025), OKDHS must operate and maintain an incident management system that identifies, reports, triages, investigates, resolves, tracks, and trends critical incidents for individuals who receive services through an HCBS waiver. 42 C.F.R § 447.203 (2025), requires states to have ongoing mechanisms for beneficiary and provider input on access to care per the federal Medicaid Access Final Rule implemented in July 2024. Revisions to OAC 340:100-3-34 are made to meet the criteria of this federal mandate. Oklahoma Administrative Code 340:100-3-38.10 is amended to: (1) change the requirement that provider staff who administer medications to DDS recipients must take Development Disabilities medication administration training (DDMAT); (2) clarify that certification to administer medications is valid for two years if staff administer medications for at least 12 non-consecutive months during the two years certification period; (3) clarify that providers must provide a paper or electronic copy to staff who successfully complete DDMAT training; (4) clarify the DDMAT and DDMAT update classes can only be taught by instructors who successfully complete the approved DDMAT Train the Trainer course and refresher courses as required, and who undergo review of civil litigation records; (5) clarify that Oklahoma technical schools, independent contractors, and DDS provider agency staff may conduct DDMAT and DDMAT update classes; (6) clarify criteria for a nurse to teach DDMAT; and (7) update criteria for participants of DDMAT and DDMAT update classes.

The agency’s own summary, as published.