§ 56-198.11c. Opportunities for Independent Living Act - Legislative findings and intent - Pilot program - Duties of Authority.

A.  This act shall be known and may be cited as the “Opportunities for Independent Living Act”.

B.  The Legislature finds that:

1.  In the landmark Olmstead v. L.C. decision, the Supreme Court interpreted Title II of the Americans with Disabilities Act to require states to administer programs in the most integrated setting appropriate to meet the needs of qualified persons with disabilities;

2.  Medicaid is presently structured to provide care to persons with disabilities in institutional settings such as skilled nursing facilities and private intermediate care facilities for persons with mental retardation (ICFs-MR), and in community-based settings such as group homes and waiver programs; and

3.  Persons with disabilities living in institutional settings must meet certain low-income standards to become eligible for institutional care.  Therefore, when a person with disabilities wishes to move into the community, he or she has little or no resources to pay for rent and utility deposits or purchase basic household items.

C.  It is the intent of the Legislature to establish a three-year pilot program that:

1.  Is consistent with and implements the Olmstead Decision;

2.  Develops eligibility criteria for the pilot program;

3.  In coordination with the Oklahoma Health Care Authority and the Department of Human Services Aging Division, utilizes the Centers for Medicare and Medicaid Minimum Data Set (MDS) information to identify thirty people who have requested to receive their services in a community setting;

4.  Identifies barriers to moving into the community;

5.  Works with nurses and case managers to coordinate services for eligible participants within the pilot program to ensure the health and safety of each consumer;

6.  Establishes an infrastructure to allow for an effective system that allows money to follow the person from Medicaid programs into the community settings;

7.  Increases the availability of safe, affordable and accessible housing;

8.  Establishes a presence within local hospitals to reduce the number of inappropriate placements within institutional settings;

9.  Develops benefits counseling options; and

10.  Allows qualified persons with disabilities the opportunity to transition from institutions into the community.

D.  Subject to the availability of funding, the Oklahoma Health Care Authority shall establish and maintain a three-year pilot program to assist qualified individuals with disabilities living in institutions to transition into the community.  The Authority shall act as the lead agency and is authorized to consult and cooperate with the Department of Human Services as necessary to carry out the provisions of this act.

E.  The Authority shall enter into contracts to carry out the provisions of this act.  Such contracted entities shall be consumer-controlled, non-residence-based, community-based, nonprofit organizations with experience in transitioning persons with disabilities into community settings.

F.  The Authority through its duly contracted entities shall:

1.  Utilize MDS data to identify participants who prefer to receive services within the community;

2.  Develop eligibility criteria for pilot program participants;

3.  Provide ongoing assistance to further develop assessment criteria for pilot program participants;

4.  Work in conjunction with health care providers and case managers to coordinate services for pilot program participants;

5.  Establish an effective system that allows money to follow pilot program participants from the institutional setting to the community;

6.  Increase pilot program participant access to safe and affordable housing;

7.  Offer follow-up services such as training, technical assistance and support for pilot program participants; and

8.  Develop curriculum and marketing materials to train future service providers.

G.  The Authority through its duly contracted entities is authorized to use available funding to assist eligible persons under this act to:

1.  Pay rent deposits;

2.  Pay utility deposits;

3.  Purchase initial household supplies;

4.  Purchase basic initial household appliances; and

5.  Purchase initial furniture and pay moving expenses.

H.  The Authority shall promulgate rules as necessary to carry out the provisions of this act.  Such rules shall include but are not limited to:

1.  Eligibility criteria for services;

2.  Assessment protocols to identify persons in need of services; and

3.  Funding to assist eligible persons.

I.  The Authority and the Department of Human Services shall evaluate the implementation of the pilot program and annually make recommendations to the Legislature regarding its effectiveness.

Added by Laws 2006, c. 296, § 2, eff. Nov. 1, 2006.