(a) Access to state-funded (sheltered workshop) employment services is contingent upon sufficient resources and a determination of eligibility of the service recipient based upon criteria as established in OAC 340:100-3-1.  A person is not eligible for state-funded employment services if the person:

• (1) receives Home and Community-Based Services funded by the Oklahoma Health Care Authority; or
• (2) resides in a private intermediate care facility for persons with mental retardation (ICF/MR).

(b) State-funded (sheltered workshop) employment services are provided by private agencies that have a current contract with the Oklahoma Department of Human Services (OKDHS).

(c) State-funded (sheltered workshop) employment services serve eligible persons with developmental disabilities who are 16 years of age or older.  Individuals between the ages of 16 and 21 who have not completed their eligibility for services provided through Individuals with Disabilities Education Act (IDEA) may receive state-funded employment services during times when school is not in session, if not participating in an Individual Education Program (IEP) that includes extended school year services through their school system.

(d) The provider agency ensures that service recipients participate in meaningful work-related activities for the entire service day, five hours per day, unless determined otherwise by the  service recipient's Team and justified in the Individual Plan (IP).

(e) State-funded (sheltered workshop) employment services include:

• (1) evaluation;
• (2) training;
• (3) supportive assistance; and
• (4) paid employment.

(f) The services allow the service recipient to engage in meaningful work or participate in training activities which are age appropriate, work related, and consistent with the service recipient's IP.

• (1) The work day is devoted to paid employment, evaluation, or specific job task activities for which the service recipient is remunerated in accordance with the United States Department of Labor Wage and Hour regulations and the Fair Labor Standards Act.
• (2) During periods in which no paid work is available for service recipients, despite the good faith efforts of the provider to secure such work, the employment provider agency ensures that each service recipient participates in training activities which are age appropriate, work related, and consistent with the IP.  Such activities may include, but are not limited to:
  • (A) resume development and application writing;
  • (B) work attire selection;
  • (C) job interview training and practice;
  • (D) job safety and evacuation training;
  • (E) personal or social skills training; and
  • (F) stamina and wellness classes.
• (3) Activities that do not contribute to the  service recipient's work experience, skills, or knowledge are not appropriate services.

(g) Sheltered Workshop providers comply with Part 1 of this Subchapter.

(h) The provider agency maintains documentation available for review that documents:

• (1) the service recipient's:
  • (A) legal name;
  • (B) case number or Social Security number;
  • (C) date of birth;
  • (D) progress toward outcomes;
  • (E) wages earned; and
  • (F)  hours worked;
• (2) the type of service provided; and
• (3) date(s) of service delivery.