Oklahoma 2023 Regular Session

Oklahoma House Bill HB2830 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 2830 Page 1 1
	3	+	HB2830 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2830 By: Blancett, Miller, Hefner,
30		-	and Pittman of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2830 By: Blancett and Miller of the
	38	+	House
31	39
32	40		and
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34	42		Garvin of the Senate
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	47	+	COMMITTEE SUBSTITUTE
39	48
40		-	[ health - Alzheimer's Dementia and Other Forms of
41		-	Dementia Special Care Disclosure Act - type of care
42		-	– liability and penalties - effective date ]
	49	+	An Act relating to health; amending 63 O.S. 2021,
	50	+	Section 1-879.2c, which relate s to the Alzheimer's
	51	+	Dementia and Other Forms of Dementia Special Care
	52	+	Disclosure Act; adding type of care; providing that
	53	+	certain individuals may be held liable for penalties
	54	+	and charged with a misdemeanor; and providing an
	55	+	effective date.
	56	+
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47	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48	62		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -879.2c, is
49	63		amended to read as follows:
50	64		Section 1-879.2c A. 1. Pursuant to rules promulgated under
51	65		the provisions of the Alzheimer 's Dementia and Other Forms of
52	66		Dementia Special Care Disclosure Act, any nursing facility,
53	67		residential care facility, assisted living facility, adult day care
54	68		center, continuum of care facility, or special care facility that
55		-	publicly advertises, intentionally markets, or otherwise engages in
56		-	promotional campaigns for the purpose of communicating that said
57		-	facility offers care, memory care, or treatment methods within the
58		-	facility that distinguish it as being especially applicable to or
59		-	especially suitable to for persons with Alzheimer's dementia or
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61		-	ENGR. H. B. NO. 2830 Page 2 1
	70	+	HB2830 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	publicly advertises, intentionally markets, or otherwise engages in
	97	+	promotional campaigns for the purpose of communicating that said
	98	+	facility offers care, memory care, or treatment methods within the
	99	+	facility that distinguish it as being especially applicable to or
	100	+	especially suitable to for persons with Alzheimer's dementia or
86	101		other forms of dementia diagnoses shall disclose the type of care,
87	102		memory care, or treatment provided that d istinguishes it as being
88	103		especially applicable to or suitable for such pe rsons.
89	104		2. The disclosure shall be made using a form developed by the
90	105		State Department of Health and shall be made to:
91	106		a. the Department,
92	107		b. any representative of a person with Alzhei mer's
93	108		dementia or other form of dementia who is considering
94	109		placement within a special care unit, program, or
95	110		facility, and
96	111		c. the State Long-Term Care Ombudsman.
97	112		3. The facility shall submit the disclosure form to the
98	113		Department prior to entering into an y agreement to provide care or
99	114		services.
100	115		4. The Department shall examine each disclosure for
101	116		completeness and accuracy at the time the disclosure is submitted to
102	117		the Department.
103	118		5. The Department shall review the most recent disclosure in
104	119		the Department's records during the facility's regular inspection to
105		-	verify that the disclosure is current and that the ser vices
106		-	described in the disclosure are provided to r esidents as described
107		-	in the disclosure.
108		-	B. The information disclosed as required by this sectio n shall
109		-	include the following areas:
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111		-	ENGR. H. B. NO. 2830 Page 3 1
	121	+	HB2830 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	verify that the disclosure is current and that the ser vices
	148	+	described in the disclosure are provided to r esidents as described
	149	+	in the disclosure.
	150	+	B. The information disclosed as required by this sectio n shall
	151	+	include the following areas:
136	152		1. A written description of th e special care unit, program, or
137	153		facility's overall philosophy and mission as it relates to the needs
138	154		of residents with Alzh eimer's dementia or other forms of dementia ;
139	155		2. The process and criteria for placement in, or transfer or
140	156		discharge from, the unit , program, or facility;
141	157		3. The process used for assessment, establishment, and
142	158		implementation of a resident plan of care, as it relates to
143	159		Alzheimer's dementia and other forms of dementia, including the
144	160		method by which the plan evolves, the frequency of assessm ent, and
145	161		how the facility will resp ond to changes in the condition of the
146	162		resident;
147	163		4. Staff-to-resident ratios, staff training and continuing
148	164		education that are in addition to all r egularly prescribed training
149	165		and are commensurate with the need for increased care and
150	166		supervision for residents with Alzheimer's dementia and other forms
151	167		of dementia;
152	168		5. The physical environment and design features appropriate to
153	169		support the functioning of cognitively impaired residents;
154		-	6. The types and frequency of resident activities designed for
155		-	residents with Alzheimer's dementia or other forms of dement ia and
156		-	descriptions of those therapeutic activities designed to address
157		-	cognitive function and en gage residents with varying stages of
158		-	dementia;
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160		-	ENGR. H. B. NO. 2830 Page 4 1
	171	+	HB2830 HFLR Page 4
	172	+	BOLD FACE denotes Committee Amendments. 1
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	197	+	6. The types and frequency of residen t activities designed for
	198	+	residents with Alzheimer's dementia or other forms of dement ia and
	199	+	descriptions of those therapeutic activities designed to address
	200	+	cognitive function and en gage residents with varying stages of
	201	+	dementia;
185	202		7. The involvement of fa milies in care planning and other
186	203		aspects of care, and the availability of family supp ort programs;
187	204		8. The fees for care and any additional fees; and
188	205		9. Any accreditations or certif ications issued to the facility
189	206		related to the care and services provided to residents with
190	207		Alzheimer's dementia or other forms of dementia.
191	208		C. Any individual employed or contracted by a registered long-
192	209		term care facility who publicly advertises, inten tionally markets,
193	210		or otherwise engages in promotional campaigns for the purpose of
194	211		communicating that said fac ility offers memory care, Alzheimer's
195	212		care, or dementia care if said facility does not meet the criteria
196	213		of a memory care, Alzheimer's care, or dementia care facility may be
197	214		liable for civil penalties , as determined by the State Commissioner
198	215		of Health, and charged with a misdemeanor.
199	216		D. The Department, with input from the Alzheimer-Dementia
200	217		Disclosure Act Advisory Cou ncil, shall develop a standardized
201	218		disclosure form. Any change in the information initially submitted
202	219		by the facility or other entity shall be reported to the Department
203	220		at the time the change is made.
204		-	D. E. The provisions of this section shall not be co nstrued to
205		-	preclude a facility without a special care unit or program from
206		-	admitting a person with Alzheimer's dementia or other forms of
207		-	dementia.
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209		-	ENGR. H. B. NO. 2830 Page 5 1
	222	+	HB2830 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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	248	+	D. E. The provisions of this section shall not be co nstrued to
	249	+	preclude a facility without a special care unit or program from
	250	+	admitting a person with Alzhei mer's dementia or other forms of
	251	+	dementia.
234	252		E. F. The State Commissioner of Health , with input from the
235	253		Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate
236	254		rules to effectuate the provisions of the Alzheimer's Dementia and
237	255		Other Forms of Dementia Special Care Disclosure Act .
238	256		F. G. There is hereby created the Alzheimer -Dementia Disclosure
239	257		Act Advisory Council. The Council shall make recommendations to the
240	258		State Commissioner of Health regarding t he disclosure form and rules
241	259		promulgated pursuant t o the Alzheimer's Dementia and Other Forms of
242	260		Dementia Special Care Disclosure A ct.
243	261		1. The Council shall consist of nine (9) m embers to be
244	262		appointed by the State Commissioner of Health for such terms as he
245	263		or she chooses. The members shall be individuals who have knowledge
246	264		and expertise in the field of memory care or individuals who are
247	265		consumer representatives directly impacted by memory-care services,
248	266		provided that neither the members with knowledge an d expertise in
249	267		the field nor the members who are con sumer representatives shall
250	268		comprise more than two-thirds (2/3) of the total mem bership. The
251	269		members who are consumer represen tatives shall be individuals with
252	270		immediate family members who have received or are currently
253	271		receiving memory-care services in Oklahoma and shall not be
254		-	employees or board members of any facilities or entitie s subject to
255		-	the Alzheimer's Dementia and Other Forms of Dementia Special Care
256		-	Disclosure Act.
257		-	2. The members of the Council shall serve without compensation.
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259		-	ENGR. H. B. NO. 2830 Page 6 1
	273	+	HB2830 HFLR Page 6
	274	+	BOLD FACE denotes Committee Amendments. 1
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	299	+	employees or board members of any facilities or entitie s subject to
	300	+	the Alzheimer's Dementia and Other Forms of Dementia Special Care
	301	+	Disclosure Act.
	302	+	2. The members of the Council shall serve without compensation.
284	303		3. The Council shall conduct an organization al meeting at a
285	304		date and location to be chosen by t he Commissioner and as frequently
286	305		thereafter as necessary to perform the duties imposed upon it . A
287	306		majority of the members present shall constitute a quorum.
288	307		4. Staff assistance for the Council shall be provided by the
289	308		staff of the State Department of Health.
290	309		G. H. Violation of any of the provisions of this act the
291	310		Alzheimer's Dementia and Other Form s of Dementia Special Care
292	311		Disclosure Act or the rules issued pursuant to this act shall
293	312		subject the offending facility to the notice and enforcement
294	313		provisions established for the facility's license by the Department.
295	314		H. I. Any facility that offers s pecialized memory or dementia
296	315		care through a specific unit or program shall post the disclosure
297	316		form, including the information required to be included by this
298	317		section, on the facility's website.
299	318		I. J. The Department shall establish a website with a list of
300	319		those facilities that have f iled a disclosure form pursuant to this
301	320		act the Alzheimer's Dementia and Other Forms of Dementia Special
302	321		Care Disclosure Act. The website shall contain a link to the
303	322		submitted disclosure form and a table containing items from the
304		-	disclosure form, including staffing ratios, staff traini ng, special
305		-	programming and activities, and accreditations or certifications.
306		-	SECTION 2. This act shall become effective November 1, 2023.
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308		-	ENGR. H. B. NO. 2830 Page 7 1
	324	+	HB2830 HFLR Page 7
	325	+	BOLD FACE denotes Committee Amendments. 1
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333		-	Passed the House of Representatives the 23rd day of March, 2023.
	350	+	disclosure form, including staffing ratios, staff training, special
	351	+	programming and activities, and accreditations or certifications.
	352	+	SECTION 2. This act shall become effective November 1, 2023.
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337		-
338		-	Presiding Officer of the Hous e
339		-	of Representatives
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341		-
342		-	Passed the Senate the ____ day of __________, 2023.
343		-
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346		-
347		-	Presiding Officer of the Senate
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349		-
	354	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
	355	+	CARE, dated 03/01/2023 - DO PASS, As Amended and Coauthored.