§ 63-1-1945. Definitions.

For purposes of the Long-term Care Security Act:

1.  "Long-term care facility" means:

a.a nursing facility, specialized facility, or residential care home as defined by Section 1-1902 of this title,

b.an adult day care center as defined by Section 1-872 of this title,

c.skilled nursing care provided in a distinct part of a hospital as defined by Section 1-701 of this title,

d.an assisted living center as defined by Section 1-890.2 of this title,

e.the nursing care component of a continuum of care facility as defined under the Continuum of Care and Assisted Living Act,

f.the nursing care component of a life care community as defined by the Long-term Care Insurance Act, or

g.a residential care home as defined by Section 1-820 of this title;

2.  "Ombudsman" means the individual employed by the Department of Human Services as the State Long-Term Care Ombudsman;

3.  "Nurse aide" means any person who provides, for compensation, nursing care or health-related services to residents in a nursing facility, a specialized facility, a residential care home, continuum of care facility, assisted living center or an adult day care center and who is not a licensed health professional.  Such term also means any person who provides such services to individuals in their own homes as an employee or contract provider of a home health or home care agency, or as a contract provider of the Oklahoma Personal Care Program;

4.  "Employer" means any of the following facilities, homes, agencies or programs which are subject to the provisions of Section 1-1947 of this title:

a.a nursing facility or specialized facility as such terms are defined in the Nursing Home Care Act,

b.a residential care home as such term is defined by the Residential Care Act,

c.an adult day care center as such term is defined in the Adult Day Care Act,

d.an assisted living center as such term is defined by the Continuum of Care and Assisted Living Act,

e.a continuum of care facility as such term is defined by the Continuum of Care and Assisted Living Act,

f.a home health or home care agency,

g.the Department of Human Services, in its capacity as an operator of any hospital or health care institution or as a contractor with providers under the Oklahoma Personal Care Program,

h.a hospice agency as such term is defined in the Oklahoma Hospice Licensing Act,

i.a Medicaid home- and community-based services waivered provider as defined in Section 1915(c) or 1915(i) of the Federal Social Security Act,

j.a staffing agency with a contracted relationship to provide staff with direct patient access to service recipients of one or more of the other employers listed in this paragraph, and

k.an independent contractor where the independent contractor has a contracted relationship to provide staff or services with direct patient access to service recipients for one or more of the employers listed in this paragraph;

5.  "Home health or home care agency" means any person, partnership, association, corporation or other organization which administers, offers or provides health care services or supportive assistance for compensation to three or more ill, disabled, or infirm persons in the temporary or permanent residence of such persons, and includes any subunits or branch offices of a parent home health or home care agency;

6.  "Bureau" means the Oklahoma State Bureau of Investigation;

7.  "FBI" means the Federal Bureau of Investigation;

8.  "Applicant" means an individual who applies for employment with an employer, applies to work as an independent contractor to an employer, applies to provide services to service recipients through the granting of clinical privileges by an employer, or applies to a nurse aide scholarship program;

9.  "Direct patient access" means access to a service recipient of an employer, through employment, independent contract, or the granting of clinical privileges, in which the performance of duties involves, or may involve one-on-one contact with a service recipient of the employer on an ongoing basis.  The term shall include access to a service recipient’s property, medical information or financial information.  The term does not include a volunteer unless the volunteer has duties that are equivalent to the duties of a direct patient access employee and those duties involve one-on-one contact with a service recipient of an employer, without line-of-sight supervision by employer staff;

10.  "Independent contract" means a contract entered into by an employer with an individual who provides the contracted services independently or a contract entered into by an employer with an organization or agency that employs or contracts with an individual after complying with the requirements of this section to provide the contracted services to the employer on behalf of the organization or agency;

11.  "Medicare" means benefits under the Federal Medicare Program established under Title XVIII of the Social Security Act, Title 42 of the United States Code, Sections 1395 to 1395hhh;

12.  "Registry screening" means a review of those registries identified in subsection D of Section 1-1947 of this title;

13.  "Department" means the State Department of Health;

14.  "Nurse aide scholarship program" means a nurse aide training program operated under contract with the Oklahoma Health Care Authority for the purpose of providing free training to prospective nurse aides in exchange for employment in a SoonerCare contracted facility; and

15.  "Service recipient" means a patient, resident, participant, consumer, client, or member receiving services from an employer.

Added by Laws 2005, c. 465, § 3, emerg. eff. June 9, 2005.  Amended by Laws 2012, c. 358, § 1, eff. Nov. 1, 2012.