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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
31	31
32	32	HOUSE BILL 4204 By: Echols
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38	38	AS INTRODUCED
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40	40	An Act relating to health care; enacting the Lori
41	41	Brand Patient Bill of Rights Act of 2022; creating a
42	42	list of rights of a patient seeking treatment;
43	43	specifying certain responsibilities of patients
44	44	seeking treatment; creating certain rights for minor
45	45	patients seeking treatment; specifying certain
46	46	responsibilities of parents of minor patients seeking
47	47	treatment in this state; providing for codification;
48	48	and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 3501 of Title 63, unless there
57	57	is created a duplication in numbering, reads as follows:
58	58	This act shall be known and may be cited as the "Lori Brand
59	59	Patient Bill of Rights Act of 2022".
60	60	SECTION 2. NEW LAW A new section of law to be codif ied
61	61	in the Oklahoma Statutes as Section 3501.1 of Title 63, unless there
62	62	is created a duplication in numbering, reads as follows:
63	63	A. Each patient treated in this state shall have the fol lowing
64	64	rights when being treated:
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91	91	1. The right to considerate and re spectful care, provided in a
92	92	safe environment, free from all forms of abuse, neglect, harassment ,
93	93	and/or exploitation;
94	94	2. To receive information from his or her doctor and other
95	95	relevant caregivers, about his or her illness, course of treatment,
96	96	outcomes of care including unanticipated outcomes, and his or her
97	97	prognosis for recovery in terms that he or she can understand;
98	98	3. To receive as much information about any proposed treatment
99	99	or procedure as he or she may need in order to give informed consent
100	100	or to refuse the course of treatment. Except in emergencies, this
101	101	shall include a description of the procedure or treatment, the
102	102	medically significant risks involved in the treatment, alternate
103	103	courses of treatment or non treatment and the risks involved in each,
104	104	and the name of the person who will carry out the procedure or
105	105	treatment;
106	106	4. The name of the doctor who has primary responsibility for
107	107	coordinating his or her care and the names and professional
108	108	relationships of other doctors, nurses, and health care providers
109	109	who will see him or her;
110	110	5. To have an advance directive attorney for health care
111	111	concerning treatment or to designate a surrogate decision -maker with
112	112	the expectation that the hospital will honor the intent of that
113	113	directive to the extent allow ed by law and hospital policy. The
114	114	provider must advise a patient of his or her rights under state law
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141	141	and hospital policy to make infor med medical choices, ask if the
142	142	patient has an advanced directive, and include that information in
143	143	patient records. The patient has the right to timely information
144	144	about hospital policy that may limit its ability to implement a
145	145	legally valid advance direct ive;
146	146	6. To participate in the development and implementation of his
147	147	or her plan of care and actively participate in decisions regarding
148	148	his or her medical care;
149	149	7. To accept medical care or to refuse treatment, to the extent
150	150	permitted by law, and to be informed of the consequences of such
151	151	refusal;
152	152	8. To become informed of his or her rights as a patient i n
153	153	advance of, or when discontinuing, the provision of care. The
154	154	patient may appoint a representative to receive this information
155	155	should he or she so desire ;
156	156	9. To leave the hospital, even against the advice of his or her
157	157	doctor;
158	158	10. To be informed by his or her doctor or a delegate of his or
159	159	her doctor about the continuing health care requirements following
160	160	his or her discharge from the facility ;
161	161	11. To have a family member or repres entative of his or her
162	162	choice notified promptly of his or her admission to t he facility;
163	163	12. To request that no information regarding his or her
164	164	presence, diagnosis, or treatment be released ;
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191	191	13. To full consideration of privacy concerning his or her
192	192	medical care program. Case discussion, consultation, examination,
193	193	and treatment are confidential and should be conducted discreetly to
194	194	protect privacy. The patient has the right to be advised as to the
195	195	reason for the presence of any individual involved in his or her
196	196	health care;
197	197	14. To review the records and or obtain a copy of the medica l
198	198	records pertaining to his or her medical care and to have the
199	199	information explained or interpreted as necessary, except when
200	200	restricted by law;
201	201	15. To reasonable continuity of care when appropriat e and to be
202	202	informed by the doctor and other caregivers of available and
203	203	realistic patient care options when hospital care is no longer
204	204	appropriate;
205	205	16. To confidential treatment of all communications and records
206	206	pertaining to his or her care and stay at the facility. His or her
207	207	written authorization giving perm ission shall be obtained before his
208	208	or her medical records can be made available to anyone not dir ectly
209	209	concerned with his or her care;
210	210	17. To expect that, within its capacity and policies, the
211	211	hospital will make a reasonable response to the request of a patient
212	212	for appropriate and medically directed care and services. The
213	213	hospital must provide evaluation, s ervice, and or a referral as
214	214	indicated by the urgency of the case. When medically appropriate
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241	241	and legally permissible, or when a p atient has requested a transfer,
242	242	that patient may be transferred to another facility. That facility
243	243	must have first accepted the patient for transfer. The patient must
244	244	also have the benefit of the complete information and expla nation
245	245	concerning the need f or, risks, benefits, and alternatives to such a
246	246	transfer;
247	247	18. The patient or patient's representative has the right to
248	248	participate in the consideration of ethical issues that might arise
249	249	in the care of the patient. The hospital shall have a mechanism for
250	250	the consideration of ethical issues arising in the care of patients
251	251	and to provide education to caregivers and patients on ethical
252	252	issues in health care ;
253	253	19. To exercise these rights without regard to sex or cultural,
254	254	economic, educational, or religious background, or the source of
255	255	payment for care;
256	256	20. To receive information in a manner that he or she
257	257	understands. Communications with the patien t shall be effective and
258	258	provided in a manner that facilitates understanding by the pat ient.
259	259	Written information provide d will be appropriate to the age,
260	260	understanding, and, as appropriate, the language of the patient. As
261	261	appropriate, communications specific to the vision, speech, hearing
262	262	cognitive and language-impaired patient will be appro priate to the
263	263	impairment. The hospital meets the requirements of federal
264	264	regulations that require program and facility accessibility ;
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291	291	21. To be advised of the facility 's complaint or grievance
292	292	process should the patient wish to communicate a concern regard ing
293	293	the quality of care he or she receives. This includes whom to
294	294	contact to file a complaint. The patient will be provided with a
295	295	written notice of the complaint determina tion that contains the name
296	296	of the facility's contact person, the steps taken on his or her
297	297	behalf to investigate th e complaint, the results of the complaint
298	298	and when possible, the resolution of the complaint concerning the
299	299	quality of care;
300	300	22. To know which hospital rules, regulations , and policies
301	301	apply to the patient's conduct while receiving treatment at a
302	302	hospital;
303	303	23. If the patient is sixty-five (65) years or older, the
304	304	message from Medicare outlining the rights of the elderly shall be
305	305	provided to the patient at th e time of his or her admission to the
306	306	hospital;
307	307	24. To access protective and advocacy services or have these
308	308	services accessed on the patient's behalf;
309	309	25. To be advised if a hospital or doctor proposes to engage in
310	310	research studies or human experimentation affec ting his or her care
311	311	or treatment. The patient has the right to consent or refuse to
312	312	participate in such research projects and to have thos e studies
313	313	fully explained prior to consent. All information provided to
314	314	subjects shall be contained in the medical record or research file,
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341	341	along with the consent form s. Refusal to participate or
342	342	discontinuation of participation shall not compromise the pa tient's
343	343	right to access care, treatment , or services;
344	344	26. To examine and receive an explanation of his or her bill
345	345	regardless of source of payment;
346	346	27. To ask and be informed of the existence of business
347	347	relationships among the hospital, educational institu tions, health
348	348	care providers, or payers that may influence the patient 's treatment
349	349	and care;
350	350	28. To remain free from restraints or seclusion in any forms
351	351	that are not medically necessary or are used as a means of coercion,
352	352	discipline, convenience, or retaliation by staff;
353	353	29. To information about pain and pain -relief measures, a
354	354	concerned staff committed to pain prevention and pain management,
355	355	health professionals who resp ond quickly to reports of pain , health
356	356	professionals who believe reports of pain, and state-of-the-art pain
357	357	management;
358	358	30. To receive the visitors whom he or she designates,
359	359	including, but not limited to, a spouse, a domestic partner
360	360	(including a same-sex domestic partner), another fami ly member, or a
361	361	friend. The patient has the right to withdraw or deny consent at
362	362	any time. Visitation will not be restricted, limited , or otherwise
363	363	denied on the basis of race, color, national origin, religion, sex,
364	364	gender identity, sexual orientation , or disability; and
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391	391	31. Through use of the Hospital Issue d Notice of Noncoverage
392	392	(HINN), Medicare beneficiaries have the right to be informed in
393	393	advance of procedures or treatment for which Medicare may deny
394	394	payment, and that the beneficiary may be personal ly responsible for
395	395	full payment if Medicare denies paym ent.
396	396	B. A patient, guardian of a patient, or legally authorized
397	397	representative of a patient shall have the following
398	398	responsibilities:
399	399	1. To provide accurate and c omplete information concerning his
400	400	or her present complaints, past illnesses, hospitalizations,
401	401	medications, and other matters relating to his or her health;
402	402	2. For reporting perceived risks in his or her care and
403	403	unexpected changes in his or her condition to the responsible
404	404	practitioner;
405	405	3. For following the treatment plan established by his or her
406	406	doctor, including the instructions of nurses and other health
407	407	professionals, as they carry out the doctor's orders;
408	408	4. For his or her actions should he or she refuse treatment or
409	409	not follow his or her doctor's orders;
410	410	5. For asking questions when the patients do not understand
411	411	what they have been told about the patient 's care or what he or she
412	412	are expected to do;
413	413	6. For being considerate of the rights of other patients an d
414	414	hospital personnel;
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441	441	7. To participate in those educational and disch arge planning
442	442	activities necessary to ensure that he or she has adequate knowledge
443	443	and support services necessary to provide him or her with a safe
444	444	environment upon discharge from the h ospital;
445	445	8. To ask the doctor or nurse what to expect regarding pain
446	446	management, to discuss pain relief options with doctors and nurses
447	447	and to help develop a pain management plan , to ask for pain relief
448	448	when pain first begins , to help doctors and nur ses assess the
449	449	patient's pain, to tell the doctors and nurses if his or her pain is
450	450	not relieved, and to tell doctors and nurses about any worries you
451	451	have about taking pain medication ;
452	452	9. For keeping appointments and for notifying the hospital or
453	453	doctor when he or she is unable to do so;
454	454	10. Being respectful of his or her personal p roperty and that
455	455	of other patients in the hospital;
456	456	11. Following hospital procedures; and
457	457	12. Assuring that the finan cial obligations of his or her care
458	458	is fulfilled as promptly as possi ble.
459	459	C. Any minor patient has the following rights when being
460	460	treated in this state:
461	461	1. To receive respect for:
462	462	a. each child and adolescent as a unique individual , and
463	463	b. the caretaking role and individual response of the
464	464	parent;
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491	491	2. To provision for normal physical and physiological needs of
492	492	a growing child to include nutri tion, rest, sleep, warmth, activity,
493	493	and freedom to move and explore. Minors shall have the right to:
494	494	a. appropriate treatment in the least restrictive
495	495	setting,
496	496	b. not to receive unnecessary or e xcessive medication,
497	497	c. an individualized treatment plan and the right to
498	498	participate in the plan,
499	499	d. a humane treatment environment that provides
500	500	reasonable protection from harm and appropriate
501	501	privacy for personal needs ,
502	502	e. separation from adult patients when possible, and
503	503	f. regular communication between the minor patient and
504	504	the patient's family;
505	505	3. To consistent, supportive, and nurturing care which:
506	506	a. meets the emotional and psychosocial needs of the
507	507	child, and
508	508	b. fosters open communication ;
509	509	4. To provisions for self-esteem needs which will be met by
510	510	attempts to give the child:
511	511	a. the reassuring presence of a caring person, especially
512	512	a parent,
513	513	b. freedom to express feelings or fears with appropriate
514	514	reactions,
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541	541	c. as much control as possible over both self and
542	542	situation,
543	543	d. opportunities to work through experience s before and
544	544	after they occur, verbally, in play, or in other
545	545	appropriate ways, and
546	546	e. recognition and reward for coping well during
547	547	difficult situations ;
548	548	5. To provisions for varied and n ormal stimuli of life which
549	549	contributes to cognitive, social, emotional , and physical
550	550	developmental needs such as pla y, educational, and social activities
551	551	essential to all children and adolescents ;
552	552	6. To information about what to expect prior to, during , and
553	553	following a procedure or experience and support in coping with it ;
554	554	7. To participation of children and families in d ecisions
555	555	affecting their own medical treatment ; and
556	556	8. To minimization of stay duration by recognizing discharge
557	557	planning needs.
558	558	D. All parents of minor patients in this state shall have the
559	559	following responsibilities:
560	560	1. To continue in their parenting ro le to the extent of their
561	561	ability; and
562	562	2. To be available to participate in decision-making and
563	563	provide staff with knowledge of othe r parent or family whereabouts.
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590	590	SECTION 3. This act shall become effective November 1, 2022.
591	591
592	592	58-2-10116 KN 01/18/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4204 Compare Versions