§56-1017.6. Options counseling for long-term care for persons 55 or

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older.

A. As used in this section, "Program of All-Inclusive Care for the Elderly (PACE)" means a full risk-bearing program that provides comprehensive health services for individuals age fifty-five

(55)and over who are sufficiently frail to be categorized as nursing home eligible by the state's Medicaid program. PACE shall be

reimbursed on a fixed per-member per-month rate and, in return for such fixed payment, is responsible for providing all health services, including transportation.

B. 1. Persons who are fifty-five

(55)years of age or older, or their legal guardians or lay caregivers, shall receive options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes prior to admission to a long-term care facility, except in the case of an emergency admission. Options counseling shall include, but not be limited to, PACE, if so applicable, nursing facilities and home- and community-based services.

2. In the case of an emergency admission, the options counseling for long-term care shall take place within fourteen

(14)days of the emergency admission or as soon as is reasonably possible.

3. Persons who are fifty-five

(55)years of age or older and live within the defined service area of a PACE provider shall receive information regarding PACE as part of options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes.

4. Any person currently residing in a nursing facility shall be able to receive options counseling for long-term care as defined in Section 3002.7 of Title 56 of the Oklahoma Statutes at the person's, or their legal guardian's or lay caregiver's, request or at the time of any reevaluation or renewal of long-term care. Nothing in this section shall require any person currently residing in a nursing facility to receive options counseling if they do not desire to do so.

C. A PACE organization shall be permitted to engage in enrollment practices throughout the entirety of each month, to be effective the first day of the following month. Added by Laws 2019, c. 436, § 1, eff. Nov. 1, 2019.