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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1155 By: Garvin
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-860.6, which relates to hospice
license; prohibiting certain distance requirement;
specifying licensure requirement; and declari ng an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 202 1, Section 1-860.6, is
amended to read as follows:
Section 1-860.6. A. No public or private agency or person
shall establish, conduct or maintain a hospice program or hold
itself out to the public as a hospice program without first
obtaining a first-year or permanent license from the State
Department of Health.
B. An application for a hospice program first-year or permanent
license shall be filed on a form prescribed by the Depa rtment and
shall be accompanied by:
1. The first-year or permanent license fee required by Section
1-860.15 of this title;
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2. Documentation of complete disclosure for the applicant which
shall include, but not be limited to, the name, mailing address and
finding address of every stockholder with at least five percent (5%)
ownership interest in the hospice program;
3. Satisfactory proof that the hospice program is in compliance
with the provisions of the Oklahoma Hospice Licensing Act and any
rules and minimum standards promulgated by the State Board of Health
pursuant to the Oklahom a Hospice Licensing Act; and
4. Proof of sufficie nt financial ability to operate and conduct
the hospice program in accordance with the requirements of the
Oklahoma Hospice Licensing Act.
C. The initial application shall be accompanied by a plan for
the delivery of home and inpatient hospice services to patients and
their families. Such plan shall contain, but not be limited to:
1. The estimated average number of patients to be served
monthly;
2. The geographic area in which hospice services will be
available;
3. A listing of services which are or wi ll be provided, either
directly by the applicant or through contractual arrangements with
existing health care providers;
4. Provisions for the implementation of hospice home care
within three (3) months o f licensure;
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5. The name and qualifications of an y existing or potential
health care provider with whom the hospice program may enter into a
contract;
6. The projected annual operating cost of the hospice program;
and
7. The location and proposed constr uction drawings for any
hospice inpatient facility operated by the hospice program. A
licensed hospice program shall not operate more than one hospice
inpatient facility.
D. Unless suspended or revoked, a first -year license issued for
the operation of a hospice program shall expire automatically one
(1) year from the date of i ssuance; provided, this provision shall
not apply if the Department has not completed a follow -up survey of
the hospice program. The Department may renew a first -year license
for up to one (1) additional year beyond the expiration date if the
applicant has complied with the provisions of the Oklahoma Hospice
Licensing Act and the rules promulgated by the Board for the
operation of a hospice program under a first -year license.
E. Unless suspended or revoked, a permanent license issued for
the operation of a hospice program shall expire automatically one
(1) year from the date of issuance. At least sixty ( 60) days prior
to the expiration date, an application for license renewal shall be
submitted to the Department on forms furnished by the Department.
The license shall be renewed if the applicant has complied with the
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provisions of the Oklahoma Hospice Lic ensing Act and all rules
promulgated by the Board pursuant to the provisions of the Oklahoma
Hospice Licensing Act. The applicati on for license renewal s hall be
accompanied by an update of the plan for delivery of hospice
services only if information cont ained in the plan submitted
pursuant to subsection C of this section is no longe r applicable.
F. A hospice program for which a revocation or suspension
proceeding is pending at the time of license renewal may be issued a
conditional license effective unti l final disposition by the
Department of such proceeding. If judicial relief is sought from
the final disposition, the court havi ng jurisdiction may issu e a
conditional permit for the duration of the judicial proceeding.
G. The license shall:
1. Be displayed in a conspicuous place inside the hospice
program office;
2. Be valid only in the possession of the person or public
agency to which it is issued;
3. Not be subject to sale, assignment, or other tran sfer,
voluntary or involuntary;
4. Not be valid for any hospice program other than the hospice
program for which the license was originally issued; and
5. Restrict the number of patients in a hospice i npatient
facility to the Department -approved occupancy level for each
facility.
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H. Any person who, prior to January 1, 1991, provided hospice
services to any patient shall be entitl ed to operate as a hospice
program pursuant to the provisions of the Oklah oma Hospice Licensing
Act without making application and obtaining a license pursuant to
the provisions of the Oklahoma Hospice Licensing Act for one (1)
year after September 1, 1991 , provided such person otherwise
complies with the provisions of the Oklah oma Hospice Licensing Act
and all rules promulgated by the Board pursuant to the act.
Thereafter any person providing hospice services shall make
application, obtain a license, and comply with the provisions of the
Oklahoma Hospice Licensing Act and all r ules promulgated by the
Board pursuant to the act.
I. There shall be no limit on the distance between facilities
or other property owned or leased by a hospice ; provided, that any
facility or other property owned or leased by the hospice shall be
licensed by the State Department of Health and shall be subject to
the Oklahoma Hospice Licensing Act and a pplicable rules.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safet y, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-2592 DC 1/3/2022 10:35:53 AM