(a) General Information. Transportation services include acquisition of, and payment for the use of, adapted, non-adapted, and public transportation.
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(1) Transportation is provided to promote inclusion in the community, access to programs and services, and participation in activities to enhance community living skills.
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(2) Services include, but are not limited to, transportation to and from medical appointments, work or employment services, recreational activities, and other community activities within the number of miles authorized in the Plan of Care.
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(A) Adapted or non-adapted transportation is provided for each eligible person; or
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(B) Public transportation is provided up to a maximum of $5,000 per Plan of Care year. The director of DDSD or designee may approve requests for public transportation services totaling more than $5,000 per year if public transportation is the most cost-effective alternative. For the purposes of this Section, public transportation is defined as:
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(i) public transportation services, such as an ambulance when medically necessary, a bus, or a taxi; or
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(ii) a transportation program operated by the service recipient's employment services or day services provider.
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(3) Services are provided to eligible service recipients in accordance with the service recipient's Plan of Care.
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(4) Authorization of Transportation Services is based on:
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(A) Team consideration, in accordance with OAC 340:100-5-52, of the unique needs of the person and the most cost effective type of transportation services that meets the service recipient's need, in accordance with subsection (d) of this Section;
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(B) the service recipient's participation in Waiver services; and
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(C) the scope of the transportation program as explained in this section.
(b) Standards for transportation providers. All drivers must have a valid and current Oklahoma drivers license, and the vehicle(s) must meet applicable local and state requirements for vehicle licensure, inspection, insurance, and capacity.
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(1) The provider must ensure that any vehicle used to transport service recipients:
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(A) meets the needs of the service recipient;
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(B) is maintained in a safe condition;
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(C) has a current vehicle tag; and
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(D) is operated in accordance with local, state, and federal law, regulation, and ordinance.
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(2) The provider maintains liability insurance in an amount sufficient to pay for injuries or loss to persons or property occasioned by negligence or malfeasance by the agency, its agents, or employees.
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(3) The transportation provider must adequately maintain equipment installed to provide supports for service recipients.
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(4) Providers must maintain documentation fully disclosing the extent of services furnished that specifies:
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(A) the service date;
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(B) the odometer mileage reading;
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(C) the name of the service recipient transported;
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(D) the purpose of the trip; and
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(E) the starting point and destination.
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(5) A family member, including a family member living in the same household, of an adult service recipient may establish a contract to provide transportation services to:
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(A) work or employment services;
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(B) medical appointments; and
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(C) other activities identified in the Individual Plan as necessary to meet the needs of the service recipient, as defined in OAC 340:100-3-33.1.
(c) Services not covered. Services that cannot be claimed as transportation services include:
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(1) services not approved by the Team;
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(2) services not authorized by the Plan of Care;
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(3) trips that have no specified purpose or destination;
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(4) trips for family, provider, or staff convenience;
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(5) transportation provided by the person receiving services, the service recipient's spouse, or the mother or father of the service recipient, if the service recipient is a minor;
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(6) trips when the service recipient is not in the vehicle;
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(7) transportation claimed for more than one service recipient per vehicle at the same time or for the same miles, except public transportation;
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(8) transportation outside the State of Oklahoma unless:
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(9) services which are mandated to be provided by the public schools pursuant to the Individuals with Disabilities Education Act;
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(10) transportation that occurs during the performance of the service recipient's paid employment, even if the employer is a contract provider.
(d) Assessment and Team process. At least annually, the Team addresses the service recipient's transportation needs. The Team determines the most appropriate means of transportation based on the:
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(1) present needs of the person receiving services. When addressing the possible need for adapted transportation, the Team considers the needs of the service recipient only. The needs of other individuals living in the same household are considered separately;
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(2) service recipient's ability to access public transportation services; and
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(3) the availability of other transportation resources including family, neighbors, friends, and community agencies.
(e) Adapted Transportation. Adapted transportation provides transportation in modified vehicles or vehicles specifically procured to meet medical or behavioral needs of the service recipient which cannot be met with the use of a standard passenger vehicle. Vehicle modifications that may be needed include, but are not limited to, wheelchair safe travel systems, wheelchair lifts, raised roofs and doors, and exterior mounted wheelchair or scooter carriers.
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(1) The Team determines if the service recipient needs adapted transportation according to:
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(A) the service recipient's need for physical support when sitting;
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(B) the service recipient's need for physical assistance during transfers from one surface to another;
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(C) the portability of the service recipient's wheelchair;
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(D) associated health problems the service recipient may have; and
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(E) behavioral issues related to vehicle travel.
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(2) The transportation provider and the equipment vendor ensure that requirements of the Americans with Disabilities Act are met when Team-recommended vehicle modifications are installed.
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(3) The transportation provider ensures that all staff assisting with transportation have been trained according to the requirements specified by the Team and the equipment manufacturer.
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(4) The adapted transportation rate is not paid when a vehicle has been adapted with funds from the HCBWS program.
(f) Authorization of transportation services. The authorization limitations given in this subsection include the total of all transportation units on the Plan of Care, not just the units authorized for the residential setting identified.
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(1) Up to 12,000 units of transportation services may be authorized in a service recipient's plan of care in accordance with OAC 340:100-3-33 and OAC 340:100-3-33.1.
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(2) The Area Manager or designee may approve up to 14,400 miles per Plan of Care year for people who have extensive needs for transportation services.
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(3) The Division Director or designee may approve:
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(A) transportation services in excess of 14,400 miles per Plan of Care year in extenuating situations when person-centered planning has identified specific needs which require additional transportation for a limited period; or
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(B) any combination of public transportation services with adapted or non-adapted transportation; or
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(C) public transportation services in excess of $5000 when this is the most cost effective service option for necessary transportation.