Oklahoma Senate Bill SB1533

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Long-term care; modifying conditions for liability of nursing facility. Effective date.

Impact

This bill significantly impacts the legal landscape for nursing facilities, enhancing the accountability of both facility owners and their employees when it comes to the care and safety of residents. It allows residents not only to seek damages but also to request injunctive and declaratory relief under specific conditions, and obviates the necessity of exhausting administrative remedies before filing suit. By establishing clear avenues for legal recourse, the bill aims to strengthen protections for vulnerable populations in long-term care settings.

Summary

Senate Bill 1533 amends existing laws related to long-term care facilities in Oklahoma, specifically modifying the liability of nursing facilities regarding residents under the Nursing Home Care Act. The bill states that owners and licensees may be liable for injuries to residents resulting from any intentional or negligent act or omission of their agents or employees, presuming these acts occur within the scope of their employment. Furthermore, the bill stipulates that state employees who assist in actions causing injury may also face individual liability.

Contention

Notable points of contention may arise regarding the implications of increased liability for nursing facilities and the potential chilling effect it may have on the employment of staff within these institutions. Critics may argue that the heightened risk of litigation could discourage qualified personnel from working in long-term care due to fears of legal repercussions, potentially leading to staffing shortages and reduced quality of care. Additionally, the emphasis on legal actions might shift the focus away from improving care standards to managing legal risks.