services to Medicaid members through a licensed home care agency — Requirements. A. As used in this section: 1. “Family member” means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, or any other individual related by blood, and any other individual with a close association that is the equivalent of a family relationship; and 2. “Home care agency” and “skilled care” have the same meanings as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes. B. Not later than one year after the effective date of this act and subject to receipt of federal approval for the program, the Oklahoma Health Care Authority shall establish a program under which a family member of a Medicaid member may be recognized as a family caregiver and, after receiving such recognition, may, under the direction and supervision of a Registered Nurse, provide services to the Medicaid member through a licensed home care agency under the reimbursement rates established under subsection F of this section, provided that the Medicaid member is: 1. Under the age of twenty-one (21) years; and 2. Approved to receive private duty nursing services, or paid family caregiver benefits in lieu of private duty nursing services. C. 1. The program established under this section shall require the family caregiver to fulfill such requirements or meet such qualifications as may be prescribed by the Oklahoma Health Care Authority Board. Such requirements shall include, but not be limited to, completion of a criminal history background check. 2. The Board may prescribe standards for training, competency evaluation, and such other requirements or qualification criteria as the Board deems necessary and appropriate. D. The Board shall establish scope of practice standards and restrictions for services that a recognized family caregiver may provide to a Medicaid enrollee. The scope of practice may include necessary and appropriate skilled care tasks. In establishing such standards and restrictions, the Board shall consider the advice of the State Department of Health. E. It shall be the duty of the home care agency to ensure that a recognized family caregiver meets the qualifications and requirements prescribed by this section and rules promulgated by the Board. F. Reimbursable services provided by a recognized family caregiver under the program established under this section shall be reimbursed to a home care agency at a rate established by the Authority. G. 1. The Board shall promulgate rules as necessary to implement this section. 2. The Administrator of the Authority shall apply for such state plan amendments or waivers as may be necessary to implement this section and to secure federal financial participation for state Medicaid expenditures under the federal Medicaid program.
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