§ 63-1-1961 — Definitions.

As used in the Home Care Act: 1. “Board” means the State Board of Health; 2. “Certification” means verification of appropriate training and competence established by the State Commissioner of Health by rules promulgated pursuant to the Home Care Act for home health aides and home care agency administrators; 3. “Department” means the State Department of Health; 4. “Health care provider” means a physician, physician assistant or Advanced Practice Registered Nurse recognized by the Oklahoma Board of Nursing as a Certified Nurse Practitioner or a Clinical Nurse Specialist; 5. “Home care agency” means any sole proprietorship, partnership, association, corporation or other organization which administers, offers or provides home care services, for a fee or pursuant to a contract for such services, to clients in their place of residence. The term home care agency shall not include: a. individuals who contract with the Department of Human Services to provide personal care services, provided such individuals shall not be exempt from certification as home health aides, b. organizations that contract with the Oklahoma Health Care Authority as intermediary services organizations (ISOs) to provide federal Internal Revenue Service fiscal and supportive services to Oklahoma Consumer- Directed Personal Assistance Services and Supports (CD-PASS) waiver program participants who have employer responsibility for hiring, training, directing and managing an individual personal care attendant, c. CD-PASS waiver program employer participants, or d. PACE organizations as defined by 42 C.F.R., Section 460.6; 6. “Home care services” means skilled or personal care services provided to clients in their place of residence for a fee; 7. “Home health aide” means an individual who provides personal care to clients in their temporary or permanent place of residence for a fee; 8. “Home care agency administrator” means a person who operates, manages, supervises, or is in charge of a home care agency; 9. “Personal care” means assistance with dressing, bathing, ambulation, exercise or other personal needs; 10. “Skilled care” means home care services performed on a regular basis by: a. a trained respiratory therapist/technician, b. a person currently licensed by this state including but not limited to a Licensed Practical Nurse, Registered Nurse, physical therapist, occupational therapist, speech therapist, or social worker, or c. for the exclusive purpose of the program established under Section 1 of this act and subject to the scope of practice standards and restrictions established by the Authority under Section 1 of this act, a family member of a Medicaid enrollee who is recognized by the Authority as a family caregiver; 11. “Standby assistance” means supervision of client directed activities with verbal prompting and infrequent, incidental hands-on intervention only; and 12. “Supportive home assistant” means an individual employed by a home care agency who provides standby assistance to ambulatory clients, in conjunction with other companionship or homemaker services, in the temporary or permanent place of residence of the client for a fee.

Legislative History

Added by Laws 1992, c. 139, § 3, eff. Sept. 1, 1992. Amended by Laws 1995, c. 169, § 1, emerg. eff. May 4, 1995; Laws 1996, c. 349, § 1, eff. Nov. 1, 1996; Laws 2004, c. 249, § 1, eff. Nov. 1, 2004; Laws 2009, c. 370, § 1, eff. Nov. 1, 2009; Laws 2021, c. 284, § 2, emerg. eff. April 27, 2021; Laws 2024, c. 294, § 3, emerg. eff. May 13, 2024; Laws 2025, c. 153, § 2, eff. July 1, 2025.