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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1533 By: Haste
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1939, which relates to liability to
residents; modifying conditions f or liability of
nursing facility; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1939, is
amended to read as follows:
Section 1-1939. A. The owner and licensee are may be liable to
a resident for any intentional or negligent act or omission of their
agents or employees which injures the resident if the act or
omission occurs within t he scope of the employment or agency . In
addition, any state employee that aids, abets, assists, or conspires
with an owner or licensee to perform an act that causes injury to a
resident shall be individually liable.
B. A resident may maintain an action under the Nursing Home
Care Act for any other type of relief, including injunctive and
declaratory relief, permitted by law.
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C. Any damages recoverable under this section , including
minimum damages as provided by this section, may be recovered in any
action which a court may authorize to be brought as a c lass action.
The remedies provided in this section, are in addition to and
cumulative with any other legal remedies available to a resident.
Exhaustion of any available administrative remedies shall not be
required prior to commencement of suit hereunder.
D. Any waiver by a resident or the legal representative of the
resident of the right to commence an action under this sectio n,
whether oral or in writing, shall be null and void, and without
legal force or effect.
E. Any party to an action brought under this section shall be
entitled to a trial by jury and any waiver of the right to a trial
by a jury, whether oral or in writin g, prior to the commencement of
an action, shall be null and void, and without l egal force or
effect.
F. A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss or retaliate against a resident, a
resident’s guardian or an employee or agent who makes a report,
brings, or testifies in, an action unde r this section, or files a
complaint because of a r eport, testimony or complaint.
G. Any person, institution , or agency, under the Nursing Home
Care Act, participating in good faith in the making of a report, or
in the investigation of such a report shall not be deemed to have
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violated any privileged comm unication and shall have immunity from
any liability, civil or criminal, or any other proceedings, civil or
criminal, as a consequence of making such report. The good faith of
any persons required , or permitted to report cases of suspected
resident abuse or neglect under this act shall be presumed.
H. A facility employee or agent who becomes aware of abuse,
neglect or exploitat ion of a resident prohibited by the Nursing Home
Care Act shall immediately rep ort the matter to the facility
administrator. A fa cility administrator who becomes aware of abuse,
neglect, or exploitation of a resident shall immediately act to
rectify the problem and shall make a report of the incident and its
correction to the Depart ment.
I. 1. The facility shall be responsible for reporting the
following serious incidents to the Department within twenty -four
(24) hours:
a. communicable diseases,
b. deaths by unusual occurrence , including accidental
deaths or deaths other than by na tural causes, and
deaths that may be attributed to a medical device,
c. missing residents. In addition, the facility shall
make a report to local law enforcement agencies withi n
two (2) hours if the resident is still missing,
d. situations arising where a rape or a criminal act is
suspected. Such situati ons shall also be reported to
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local law enforcement immediately. The facility shall
make every effort to preserve the scene o f the
suspected rape or crime until local law enforcement
has arrived, and
e. resident abuse, neglect, and misappropriation of the
property of a resident.
2. All other incident reports shall be made in accordance with
federal law.
3. All initial written r eports of incidents or situations shall
be mailed to the Department within fiv e (5) working days after the
incident or situation. The final report shall be filed with the
Department when the full investigation is complete.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3405 DC 1/20/2022 9:17:59 AM