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Oklahoma Legislature· HB 3628Second Reading referred to Rules

An act relating to poor persons, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                    STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3628               By: Lawson

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6                    AS INTRODUCED

7   An Act relating to poor persons; amending 56 O.S.

    2021, Section 1020, as amended by Section 2, Chapter

8   479, O.S.L. 2025 (56 O.S. Supp. 2025, Section 1020),

    which relates to community-based services; modifying

9   list of community-based programs; and providing an

    effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  56 O.S. 2021, Section 1020, as

16 amended by Section 2, Chapter 479, O.S.L. 2025 (56 O.S. Supp. 2025,

17 Section 1020), is amended to read as follows:

18  Section 1020. A. The Director of the Department of Human

19 Services shall, within the constraints of funding appropriated to

20 the Department, establish and maintain a community-based program of

21 services that includes, but is not limited to, establishment of

22 foster care and supported living arrangements for persons affected

23 by Prader-Willi syndrome. The purpose of this section of law shall

24 be to improve the quality of life of persons with developmental

    Req. No. 14446                                                  Page 1
1 disabilities and to integrate such persons into the mainstream of

2 society by ensuring availability of community services.

3   B. The programs established pursuant to this section shall be

4 administered by the Developmental Disabilities Service Division.

5 The Commission for Human Services shall promulgate rules for the

6 operation of community-based programs for persons with developmental

7 disabilities including, but not limited to, rules regarding the

8 delivery of:

9   1. Health-related services. As used in this section, health-

10 related services means services provided by community services

11 providers or community services workers to persons with

12 developmental disabilities, and includes, but is not limited to:

13  a. personal hygiene,

14  b. transferring,

15  c. range of motion,

16  d. supervision or assistance with activities of daily

17              living,

18  e. basic nursing care, such as taking the person's

19              temperature, pulse or respiration, positioning,

20              incontinent care, and identification of signs and

21              symptoms of disease. Certain tasks that may be

22              performed as basic nursing care by community services

23              workers require appropriate training provided or

24              approved by the Department, written agreement by the

    Req. No. 14446                                                 Page 2
1   service recipient's personal support team, and the

2   primary care physician's acknowledgment and specific

3   order related to the task. Under such circumstances,

4   basic nursing care may include, but need not be

5   limited to:

6   (1) nutrition, including meals by gastrostomy tube or

7                   jejunostomy tube,

8   (2) blood glucose monitoring,

9   (3) ostomy bag care,

10  (4) oral suctioning, and

11  (5) administration of oral metered dose inhalers and

12                  nebulizers;

13  2. Supportive assistance, which means the service rendered to

14 persons with developmental disabilities that is sufficient to enable

15 such person to meet an adequate level of daily living. Supportive

16 assistance includes, but is not limited to, training and supervision

17 of persons with developmental disabilities, assistance in

18 housekeeping, assistance in the preparation of meals, and assistance

19 in activities of daily living as necessary for the health and

20 comfort of persons with developmental disabilities; and

21  3. Safe storage and administration of medications, first aid

22 treatments and nutrition by oral, rectal, vaginal, otic, ophthalmic,

23 nasal, skin, topical, transdermal and gastrostomy tube routes by

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    Req. No. 14446                                                Page 3
1 community service workers who have successfully completed

2 competency-based training approved by the Department; and

3   4. Home delivered meals, the delivery of ready to eat,

4 refrigerated, frozen, vacuum-packaged, modified-atmosphere-packaged,

5 or shelf-stable, culturally appropriate meals to the residence, or

6 an alternative location determined by the individual to eligible

7 persons with developmental disabilities or individuals with

8 intellectual disabilities, as defined in Section 1408 of Title 10 of

9 the Oklahoma Statutes, in their own home five (5) or more days per

10 week.

11  C. The Department shall undertake to identify and utilize any

12 and all federal funding which may be available for such services.

13  D. The Department is authorized to accept any gift of real or

14 personal property made for the use or benefit of any program or

15 services established pursuant to this section. Such gift may only

16 be utilized for the purpose or purposes for which it is given.

17  E. The Department shall be the agency responsible for annual

18 performance audits of community-based services provided through Home

19 and Community-Based Medicaid Waivers. The Oklahoma Health Care

20 Authority (OHCA) shall be responsible for auditing claims to confirm

21 that the services billed by contract providers have been delivered

22 per requirements from the Centers for Medicare and Medicaid Services

23 (CMS).

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    Req. No. 14446                                                  Page 4
1   SECTION 2. This act shall become effective November 1, 2026.

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3   60-2-14446      CMA  01/12/26

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