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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3628 By: Lawson
AS INTRODUCED
An Act relating to poor persons; amending 56 O.S.
2021, Section 1020, as amended by Section 2, Chapter
479, O.S.L. 2025 (56 O.S. Supp. 2025, Section 1020),
which relates to community-based services; modifying
list of community-based programs; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 1020, as
amended by Section 2, Chapter 479, O.S.L. 2025 (56 O.S. Supp. 2025,
Section 1020), is amended to read as follows:
Section 1020. A. The Director of the Department of Human
Services shall, within the constraints of funding appropriated to
the Department, establish and maintain a community-based program of
services that includes, but is not limited to, establishment of
foster care and supported living arrangements for persons affected
by Prader-Willi syndrome. The purpose of this section of law shall
be to improve the quality of life of persons with developmental
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disabilities and to integrate such persons into the mainstream of
society by ensuring availability of community services.
B. The programs established pursuant to this section shall be
administered by the Developmental Disabilities Service Division.
The Commission for Human Services shall promulgate rules for the
operation of community-based programs for persons with developmental
disabilities including, but not limited to, rules regarding the
delivery of:
1. Health-related services. As used in this section, health-
related services means services provided by community services
providers or community services workers to persons with
developmental disabilities, and includes, but is not limited to:
a. personal hygiene,
b. transferring,
c. range of motion,
d. supervision or assistance with activities of daily
living,
e. basic nursing care, such as taking the person's
temperature, pulse or respiration, positioning,
incontinent care, and identification of signs and
symptoms of disease. Certain tasks that may be
performed as basic nursing care by community services
workers require appropriate training provided or
approved by the Department, written agreement by the
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service recipient's personal support team, and the
primary care physician's acknowledgment and specific
order related to the task. Under such circumstances,
basic nursing care may include, but need not be
limited to:
(1) nutrition, including meals by gastrostomy tube or
jejunostomy tube,
(2) blood glucose monitoring,
(3) ostomy bag care,
(4) oral suctioning, and
(5) administration of oral metered dose inhalers and
nebulizers;
2. Supportive assistance, which means the service rendered to
persons with developmental disabilities that is sufficient to enable
such person to meet an adequate level of daily living. Supportive
assistance includes, but is not limited to, training and supervision
of persons with developmental disabilities, assistance in
housekeeping, assistance in the preparation of meals, and assistance
in activities of daily living as necessary for the health and
comfort of persons with developmental disabilities; and
3. Safe storage and administration of medications, first aid
treatments and nutrition by oral, rectal, vaginal, otic, ophthalmic,
nasal, skin, topical, transdermal and gastrostomy tube routes by
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community service workers who have successfully completed
competency-based training approved by the Department; and
4. Home delivered meals, the delivery of ready to eat,
refrigerated, frozen, vacuum-packaged, modified-atmosphere-packaged,
or shelf-stable, culturally appropriate meals to the residence, or
an alternative location determined by the individual to eligible
persons with developmental disabilities or individuals with
intellectual disabilities, as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, in their own home five (5) or more days per
week.
C. The Department shall undertake to identify and utilize any
and all federal funding which may be available for such services.
D. The Department is authorized to accept any gift of real or
personal property made for the use or benefit of any program or
services established pursuant to this section. Such gift may only
be utilized for the purpose or purposes for which it is given.
E. The Department shall be the agency responsible for annual
performance audits of community-based services provided through Home
and Community-Based Medicaid Waivers. The Oklahoma Health Care
Authority (OHCA) shall be responsible for auditing claims to confirm
that the services billed by contract providers have been delivered
per requirements from the Centers for Medicare and Medicaid Services
(CMS).
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SECTION 2. This act shall become effective November 1, 2026.
60-2-14446 CMA 01/12/26