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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 746 By: Garvin
AS INTRODUCED
An Act relating to long-term care; defining t erms;
directing State Department of Health to create and
maintain certain database for speci fied purposes;
requiring database to be searchable by name; limiting
entering of information to Department; authorizing
use of certain regis try under certain condit ion;
providing certain exemption and conf identiality;
providing for investigation and recording of
substantiated claims; providing penalties for certain
offenses; requiring recording of certain information;
providing for reapplication of certification;
providing for appeals; allowing administrator to
require certain reimbursement; directing reporting of
certain information; 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 s ection of law to be codified
in the Oklahoma Statut es as Section 1-1981 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Home care agency”, “home care agency administrator” and
“home health aide” shall have the same meaning as provided by
Section 1-1961 of Title 63 of the Oklahoma Statutes;
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2. “Long-term care administrator ” shall have the same meaning
as provided by Section 330.51 of Title 63 of the Oklahoma Statutes;
3. “Long-term care facility” means:
a. a nursing facility, specialized facility or
residential care home as defined by Section 1 -1902 of
Title 63 of the Oklahoma Statutes ,
b. an adult day care center as defi ned by Section 1-872
of Title 63 of the Oklahoma Statutes ,
c. skilled nursing care provided in a distinct part of a
hospital as defined by Section 1-701 of Title 63 of
the Oklahoma Statutes ,
d. an assisted living center as defined by Section 1 -
890.2 of Title 63 of the Oklaho ma Statutes,
e. the nursing care component of a continuum of care
facility as defined under the Conti nuum of Care and
Assisted Living Act,
f. the nursing care compone nt of a life care community as
defined by the Long-term Care Insurance Act, or
g. a residential care home as defined by Section 1 -820 of
Title 63 of the Oklahoma Statutes ;
3. “No call/no show” means the absence of an employee from work
without notifying the employer; and
4. “Nurse aide” means any person who provides, for
compensation, nursing care or health-related services to residents
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in a nursing facility, a special ized facility, a reside ntial care
home, continuum of care facility, assisted living center or an adult
day care center and who is not a licensed health professional. Such
term also means any person who provides such services to individuals
in their own homes as an employee or c ontract provider of a home
health or home care agency, or as a contract provider of the
Medicaid State Plan Personal Care Program .
B. The State Department of Health shall create, maintain and
make available to long-term care administrators, home care agency
administrators, hospice administrators, hospital administrators and
designees of such administrators an electronic database for looking
up occurrences of no call/no show by certified nurse aides and hom e
health aides, disciplinary action imposed including, but not limited
to, disciplinary action imposed under subsection C of this section
and occurrences of refusal to reimburse the costs described in
subsection D of this section . The database shall be se archable by
name of the employee. The database shall be read-only for
administrators and designees, and all information contained in the
database shall be entered by the Department. If allowed under
federal law and regulation, the Department may use the registry
created under Section 1-1951 of Title 63 of the Oklahoma Statutes to
implement the provisions of this section. The database shall not be
subject to the Oklahoma Open Records Act and shall, except for the
purposes of this section and, if applicable, such other purposes as
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are authorized for the re gistry created under Section 1 -1951 of
Title 63 of the Oklahoma Statutes , be confidential.
C. When a long-term care administrator, home care agency
administrator, hospice administrator, hospital administr ator or
designee of such administrator reports an occurrence of no call/no
show to the Department, the Department shall investigate the claim.
If the claim is substantiated, the De partment shall record the
occurrence of no call/no show in the file of the certified nurse
aide or home health aide in the dat abase. The Department shall
issue a warning to a certified nurse aide or h ome health aide who
commits a first no call/no show. The Department shall suspend for a
period not to exceed ninety (90) calendar days the certification of
a certified nurse aide o r home health aide if he or she commits a
second no call/no show within three (3) years after the first
occurrence. The Department shall revoke the certification of a
certified nurse aide or home health a ide if he or she commits a
third no call/no show within the same three-year period. The
Department shall record all disciplinary action imposed by the
Department in the database created under this section. The
Department may allow a certified nurse aide or home health aide
whose certification has been revoked under this subsection to
reapply for certification afte r a period to be determined by the
Department. The Department may permanently revoke certification
upon the second revo cation. Any certified nurse aide or home health
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aide who is aggrieved by a disciplinary action taken by the
Department under this subsection may appeal the action as provided
by the Administrative Procedures Act .
D. A long-term care administrator , home care agency
administrator, hospice administrator or hospital admin istrator may
require a certified nurse aide or home health aide whose
certification was or is currently being financed by the long-term
care facility, home care agency, hospice agency or hospital at which
the certified nurse aide or home health aide is currently employed
who commits a no call/no show to reimburse the facility or agency
that financed or is financing the cer tification for any costs
incurred by the facility or agency related to the certification. If
the certified nurse aide or home health aide refuses to reimburse
such costs, the administrator or designee may report such refusal to
the Department and the Department shall record such informatio n in
the file of the certified nurse aide or home health aide in the
database created under this section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-567 DC 1/21/2021 1:47:06 PM