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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4204 By: Echols
AS INTRODUCED
An Act relating to health care; enacting the Lori
Brand Patient Bill of Rights Act of 2022; creating a
list of rights of a patient seeking treatment;
specifying certain responsibilities of patients
seeking treatment; creating certain rights for minor
patients seeking treatment; specifying certain
responsibilities of parents of minor patients seeking
treatment in this state; providing for codification;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3501 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Lori Brand
Patient Bill of Rights Act of 2022".
SECTION 2. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 3501.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Each patient treated in this state shall have the fol lowing
rights when being treated:
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1. The right to considerate and re spectful care, provided in a
safe environment, free from all forms of abuse, neglect, harassment ,
and/or exploitation;
2. To receive information from his or her doctor and other
relevant caregivers, about his or her illness, course of treatment,
outcomes of care including unanticipated outcomes, and his or her
prognosis for recovery in terms that he or she can understand;
3. To receive as much information about any proposed treatment
or procedure as he or she may need in order to give informed consent
or to refuse the course of treatment. Except in emergencies, this
shall include a description of the procedure or treatment, the
medically significant risks involved in the treatment, alternate
courses of treatment or non treatment and the risks involved in each,
and the name of the person who will carry out the procedure or
treatment;
4. The name of the doctor who has primary responsibility for
coordinating his or her care and the names and professional
relationships of other doctors, nurses, and health care providers
who will see him or her;
5. To have an advance directive attorney for health care
concerning treatment or to designate a surrogate decision -maker with
the expectation that the hospital will honor the intent of that
directive to the extent allow ed by law and hospital policy. The
provider must advise a patient of his or her rights under state law
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and hospital policy to make infor med medical choices, ask if the
patient has an advanced directive, and include that information in
patient records. The patient has the right to timely information
about hospital policy that may limit its ability to implement a
legally valid advance direct ive;
6. To participate in the development and implementation of his
or her plan of care and actively participate in decisions regarding
his or her medical care;
7. To accept medical care or to refuse treatment, to the extent
permitted by law, and to be informed of the consequences of such
refusal;
8. To become informed of his or her rights as a patient i n
advance of, or when discontinuing, the provision of care. The
patient may appoint a representative to receive this information
should he or she so desire ;
9. To leave the hospital, even against the advice of his or her
doctor;
10. To be informed by his or her doctor or a delegate of his or
her doctor about the continuing health care requirements following
his or her discharge from the facility ;
11. To have a family member or repres entative of his or her
choice notified promptly of his or her admission to t he facility;
12. To request that no information regarding his or her
presence, diagnosis, or treatment be released ;
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13. To full consideration of privacy concerning his or her
medical care program. Case discussion, consultation, examination,
and treatment are confidential and should be conducted discreetly to
protect privacy. The patient has the right to be advised as to the
reason for the presence of any individual involved in his or her
health care;
14. To review the records and or obtain a copy of the medica l
records pertaining to his or her medical care and to have the
information explained or interpreted as necessary, except when
restricted by law;
15. To reasonable continuity of care when appropriat e and to be
informed by the doctor and other caregivers of available and
realistic patient care options when hospital care is no longer
appropriate;
16. To confidential treatment of all communications and records
pertaining to his or her care and stay at the facility. His or her
written authorization giving perm ission shall be obtained before his
or her medical records can be made available to anyone not dir ectly
concerned with his or her care;
17. To expect that, within its capacity and policies, the
hospital will make a reasonable response to the request of a patient
for appropriate and medically directed care and services. The
hospital must provide evaluation, s ervice, and or a referral as
indicated by the urgency of the case. When medically appropriate
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and legally permissible, or when a p atient has requested a transfer,
that patient may be transferred to another facility. That facility
must have first accepted the patient for transfer. The patient must
also have the benefit of the complete information and expla nation
concerning the need f or, risks, benefits, and alternatives to such a
transfer;
18. The patient or patient's representative has the right to
participate in the consideration of ethical issues that might arise
in the care of the patient. The hospital shall have a mechanism for
the consideration of ethical issues arising in the care of patients
and to provide education to caregivers and patients on ethical
issues in health care ;
19. To exercise these rights without regard to sex or cultural,
economic, educational, or religious background, or the source of
payment for care;
20. To receive information in a manner that he or she
understands. Communications with the patien t shall be effective and
provided in a manner that facilitates understanding by the pat ient.
Written information provide d will be appropriate to the age,
understanding, and, as appropriate, the language of the patient. As
appropriate, communications specific to the vision, speech, hearing
cognitive and language-impaired patient will be appro priate to the
impairment. The hospital meets the requirements of federal
regulations that require program and facility accessibility ;
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21. To be advised of the facility 's complaint or grievance
process should the patient wish to communicate a concern regard ing
the quality of care he or she receives. This includes whom to
contact to file a complaint. The patient will be provided with a
written notice of the complaint determina tion that contains the name
of the facility's contact person, the steps taken on his or her
behalf to investigate th e complaint, the results of the complaint
and when possible, the resolution of the complaint concerning the
quality of care;
22. To know which hospital rules, regulations , and policies
apply to the patient's conduct while receiving treatment at a
hospital;
23. If the patient is sixty-five (65) years or older, the
message from Medicare outlining the rights of the elderly shall be
provided to the patient at th e time of his or her admission to the
hospital;
24. To access protective and advocacy services or have these
services accessed on the patient's behalf;
25. To be advised if a hospital or doctor proposes to engage in
research studies or human experimentation affec ting his or her care
or treatment. The patient has the right to consent or refuse to
participate in such research projects and to have thos e studies
fully explained prior to consent. All information provided to
subjects shall be contained in the medical record or research file,
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along with the consent form s. Refusal to participate or
discontinuation of participation shall not compromise the pa tient's
right to access care, treatment , or services;
26. To examine and receive an explanation of his or her bill
regardless of source of payment;
27. To ask and be informed of the existence of business
relationships among the hospital, educational institu tions, health
care providers, or payers that may influence the patient 's treatment
and care;
28. To remain free from restraints or seclusion in any forms
that are not medically necessary or are used as a means of coercion,
discipline, convenience, or retaliation by staff;
29. To information about pain and pain -relief measures, a
concerned staff committed to pain prevention and pain management,
health professionals who resp ond quickly to reports of pain , health
professionals who believe reports of pain, and state-of-the-art pain
management;
30. To receive the visitors whom he or she designates,
including, but not limited to, a spouse, a domestic partner
(including a same-sex domestic partner), another fami ly member, or a
friend. The patient has the right to withdraw or deny consent at
any time. Visitation will not be restricted, limited , or otherwise
denied on the basis of race, color, national origin, religion, sex,
gender identity, sexual orientation , or disability; and
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31. Through use of the Hospital Issue d Notice of Noncoverage
(HINN), Medicare beneficiaries have the right to be informed in
advance of procedures or treatment for which Medicare may deny
payment, and that the beneficiary may be personal ly responsible for
full payment if Medicare denies paym ent.
B. A patient, guardian of a patient, or legally authorized
representative of a patient shall have the following
responsibilities:
1. To provide accurate and c omplete information concerning his
or her present complaints, past illnesses, hospitalizations,
medications, and other matters relating to his or her health;
2. For reporting perceived risks in his or her care and
unexpected changes in his or her condition to the responsible
practitioner;
3. For following the treatment plan established by his or her
doctor, including the instructions of nurses and other health
professionals, as they carry out the doctor's orders;
4. For his or her actions should he or she refuse treatment or
not follow his or her doctor's orders;
5. For asking questions when the patients do not understand
what they have been told about the patient 's care or what he or she
are expected to do;
6. For being considerate of the rights of other patients an d
hospital personnel;
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7. To participate in those educational and disch arge planning
activities necessary to ensure that he or she has adequate knowledge
and support services necessary to provide him or her with a safe
environment upon discharge from the h ospital;
8. To ask the doctor or nurse what to expect regarding pain
management, to discuss pain relief options with doctors and nurses
and to help develop a pain management plan , to ask for pain relief
when pain first begins , to help doctors and nur ses assess the
patient's pain, to tell the doctors and nurses if his or her pain is
not relieved, and to tell doctors and nurses about any worries you
have about taking pain medication ;
9. For keeping appointments and for notifying the hospital or
doctor when he or she is unable to do so;
10. Being respectful of his or her personal p roperty and that
of other patients in the hospital;
11. Following hospital procedures; and
12. Assuring that the finan cial obligations of his or her care
is fulfilled as promptly as possi ble.
C. Any minor patient has the following rights when being
treated in this state:
1. To receive respect for:
a. each child and adolescent as a unique individual , and
b. the caretaking role and individual response of the
parent;
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2. To provision for normal physical and physiological needs of
a growing child to include nutri tion, rest, sleep, warmth, activity,
and freedom to move and explore. Minors shall have the right to:
a. appropriate treatment in the least restrictive
setting,
b. not to receive unnecessary or e xcessive medication,
c. an individualized treatment plan and the right to
participate in the plan,
d. a humane treatment environment that provides
reasonable protection from harm and appropriate
privacy for personal needs ,
e. separation from adult patients when possible, and
f. regular communication between the minor patient and
the patient's family;
3. To consistent, supportive, and nurturing care which:
a. meets the emotional and psychosocial needs of the
child, and
b. fosters open communication ;
4. To provisions for self-esteem needs which will be met by
attempts to give the child:
a. the reassuring presence of a caring person, especially
a parent,
b. freedom to express feelings or fears with appropriate
reactions,
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c. as much control as possible over both self and
situation,
d. opportunities to work through experience s before and
after they occur, verbally, in play, or in other
appropriate ways, and
e. recognition and reward for coping well during
difficult situations ;
5. To provisions for varied and n ormal stimuli of life which
contributes to cognitive, social, emotional , and physical
developmental needs such as pla y, educational, and social activities
essential to all children and adolescents ;
6. To information about what to expect prior to, during , and
following a procedure or experience and support in coping with it ;
7. To participation of children and families in d ecisions
affecting their own medical treatment ; and
8. To minimization of stay duration by recognizing discharge
planning needs.
D. All parents of minor patients in this state shall have the
following responsibilities:
1. To continue in their parenting ro le to the extent of their
ability; and
2. To be available to participate in decision-making and
provide staff with knowledge of othe r parent or family whereabouts.
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SECTION 3. This act shall become effective November 1, 2022.
58-2-10116 KN 01/18/22