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ENGROSSED HOUSE
BILL NO. 2830 By: Blancett, Miller, Hefner,
and Pittman of the House
and
Garvin of the Senate
[ health - Alzheimer's Dementia and Other Forms of
Dementia Special Care Disclosure Act - type of care
– liability and penalties - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -879.2c, is
amended to read as follows:
Section 1-879.2c A. 1. Pursuant to rules promulgated under
the provisions of the Alzheimer 's Dementia and Other Forms of
Dementia Special Care Disclosure Act, any nursing facility,
residential care facility, assisted living facility, adult day care
center, continuum of care facility, or special care facility that
publicly advertises, intentionally markets, or otherwise engages in
promotional campaigns for the purpose of communicating that said
facility offers care, memory care, or treatment methods within the
facility that distinguish it as being especially applicable to or
especially suitable to for persons with Alzheimer's dementia or
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other forms of dementia diagnoses shall disclose the type of care,
memory care, or treatment provided that d istinguishes it as being
especially applicable to or suit able for such persons.
2. The disclosure shall be made using a form developed by the
State Department of Health and shall be made to:
a. the Department,
b. any representative of a person with Alzhei mer's
dementia or other form of dementia who is considering
placement within a special care unit, program, or
facility, and
c. the State Long-Term Care Ombudsman.
3. The facility shall submit the disclosure form to the
Department prior to entering into an y agreement to provide care or
services.
4. The Department shall examine each disclosure for
completeness and accuracy at the time the disclosure is submitted to
the Department.
5. The Department shall review the most recent disclosure in
the Department's records during the facility's regular inspection to
verify that the disclosure is current and that the ser vices
described in the disclosure are provided to r esidents as described
in the disclosure.
B. The information disclosed as required by this sectio n shall
include the following areas:
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1. A written description of the special care unit, program, or
facility's overall philosophy and mission as it relates to the needs
of residents with Alzh eimer's dementia or other forms of dementia ;
2. The process and criteria for placement in, or transfer or
discharge from, the unit, program, or facility;
3. The process used for assessment, establishment, and
implementation of a resident plan of care, as it relates to
Alzheimer's dementia and other forms of dementia, including the
method by which the plan evolves, the frequency of assessment, and
how the facility will resp ond to changes in the condition of the
resident;
4. Staff-to-resident ratios, staff training and continuing
education that are in addition to all r egularly prescribed training
and are commensurate with the need for increased care and
supervision for residents with Alzheimer's dementia and other forms
of dementia;
5. The physical environment and design features appropriate to
support the functioning of cognitively impaired residents;
6. The types and frequency of resident activities designed for
residents with Alzheimer's dementia or other forms of dement ia and
descriptions of those therapeutic activities designed to address
cognitive function and en gage residents with varying stages of
dementia;
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7. The involvement of families in care planning and other
aspects of care, and the availability of family supp ort programs;
8. The fees for care and any additional fees; and
9. Any accreditations or certif ications issued to the facility
related to the care and services provided to residents with
Alzheimer's dementia or other forms of dementia.
C. Any individual employed or contracted by a registered long-
term care facility who publicly advertises, inten tionally markets,
or otherwise engages in promotional campai gns for the purpose of
communicating that said fac ility offers memory care, Alzheimer's
care, or dementia care if said facility does not meet the criteria
of a memory care, Alzheimer's care, or dementia care facility may be
liable for civil penalties , as determined by the State Commissioner
of Health, and charged with a misdemeanor.
D. The Department, with input from the Alzheimer-Dementia
Disclosure Act Advisory Cou ncil, shall develop a standardized
disclosure form. Any change in the information initiall y submitted
by the facility or other entity shall be reported to the Department
at the time the change is made.
D. E. The provisions of this section shall not be co nstrued to
preclude a facility without a special care unit or program from
admitting a person with Alzheimer's dementia or other forms of
dementia.
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E. F. The State Commissioner of Health , with input from the
Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate
rules to effectuate the provisions of the Alzheimer's Dementia and
Other Forms of Dementia Special Care Disclosure Act .
F. G. There is hereby created the Alzheimer -Dementia Disclosure
Act Advisory Council. The Council shall make recommendations to the
State Commissioner of Health regarding t he disclosure form and rules
promulgated pursuant to the Alzheimer's Dementia and Other Forms of
Dementia Special Care Disclosure A ct.
1. The Council shall consist of nine (9) m embers to be
appointed by the State Commissioner of Health for such terms as he
or she chooses. The members shall be individuals who have knowledge
and expertise in the field of memory care or individuals who are
consumer representatives directly impacted by memory-care services,
provided that neither the members with knowledge an d expertise in
the field nor the members who are consumer representatives shall
comprise more than two-thirds (2/3) of the total mem bership. The
members who are consumer represen tatives shall be individuals with
immediate family members who have received or are currently
receiving memory-care services in Oklahoma and shall not be
employees or board members of any facilities or entitie s subject to
the Alzheimer's Dementia and Other Forms of Dementia Special Care
Disclosure Act.
2. The members of the Council shall serve without compensation.
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3. The Council shall conduct an organization al meeting at a
date and location to be chosen by t he Commissioner and as frequently
thereafter as necessary to perform the duties imposed upon it . A
majority of the members present shall constitute a quorum.
4. Staff assistance for the Council shall be provided by the
staff of the State Department of Health.
G. H. Violation of any of the provisions of this act the
Alzheimer's Dementia and Other Form s of Dementia Special Care
Disclosure Act or the rules issued pursuant to this act shall
subject the offending facility to the notice and enforcement
provisions established for the facility's license by the Department.
H. I. Any facility that offers s pecialized memory or dementia
care through a specific unit or program shall post the disclosure
form, including the information required to be included by this
section, on the facility's website.
I. J. The Department shall establish a website with a list of
those facilities that have f iled a disclosure form pursuant to this
act the Alzheimer's Dementia and Other Forms of Dementia Special
Care Disclosure Act. The website shall contain a link to the
submitted disclosure form and a table containing items from the
disclosure form, including staffing ratios, staff traini ng, special
programming and activities, and accreditations or certifications.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 23rd day of March, 2023.
Presiding Officer of the Hous e
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate