Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB571 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 571 By: Montgomery of the Senate
7	37
8	38		and
9	39
10	40		Roe of the House
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15	45		An Act relating to long-term care; amending 63 O.S.
16	46		2021, Section 1-1923, which relates to the Long-Term
17	47		Care Facility Advisory Board; changing name;
18	48		extending termination date of Long-Term Care Facility
19	49		Advisory Council; decreasing and modifying
20	50		membership; fixing appointment lengths; permitting
21	51		limited reappointment; modifying terminology;
22	52		modifying and removing powers and duties; and
23	53		providing an effective date.
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29		-	SUBJECT: Long-term care
30		-
31	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	60		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1923, is
34	61		amended to read as follows:
35		-
36	62		Section 1-1923. A. There is hereby re -created, to continue
37	63		until July 1, 2023 July 1, 2025, in accordance with the provisions
38	64		of the Oklahoma Sunset Law, a Long -Term Care Facility Advisory Board
39	65		Council which shall be composed as follows:
40		-
41	66		1. The Governor shall appoint a twenty-seven-member thirteen-
42	67		member Long-Term Care Facility Advisory Board Council which shall
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43	95		advise the State Commissioner of Health. The Advisory Board Council
44	96		shall be comprised of the following persons:
45		-
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48	97		a. one representative from the Office of the State Fire
49	98		Marshal, designated by the State Fire Marshal,
50		-
51	99		b. one representative from the Oklahoma Health Care
52	100		Authority, designated by the Administrator,
53		-
54	101		c. b. one representative from the Department of Mental
55	102		Health and Substance Abuse Services, designated by the
56	103		Commissioner of Mental Health and Substance Abuse
57	104		Services,
58		-
59	105		d. c. one representative from the Department of Human
60	106		Services, designated by the Director of Human
61	107		Services,
62		-
63	108		e. d. one member who shall be a licensed genera l
64	109		practitioner of the medical or osteopathic profession,
65		-
66	110		f. one member who shall be a ge neral practitioner of the
67	111		osteopathic profession ,
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69	112		g. e. one member who shall be a registered pharmacist,
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71	113		h. f. one member who shall be a licensed registered nurse
72	114		or licensed practical nurse,
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74	115		i. one member who shall be a licensed practical nurse,
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76	116		j. three members who shall be of reputable and
77	117		responsible character and sound physical and mental
78	118		health and
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80	146		g. one member who shall be operator-administrators an
81	147		operator-administrator of a nursing homes which have
82	148		current licenses home which has a current license
83	149		issued pursuant to the Nursing Home Care Act and who
84	150		shall have had five (5) y ears’ experience in the
85	151		nursing home profession as operator-administrators an
86	152		operator-administrator,
87		-
88	153		k. three members
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91		-	ENR. S. B. NO. 571 Page 3
92	154		h. one member who shall be an operator-administrator of a
93	155		residential care home operator-administrators licensed
94	156		pursuant to the provisions of the Residential Care
95	157		Act,
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97	158		l. three members
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99	159		i. one member who shall be an owner-operator of an adult
100	160		day care facility owner-operators licensed pursuant to
101	161		the provisions of the Adult Day Care Act,
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103	162		m. three members
104		-
105	163		j. one member who shall be an owner-operator of a
106	164		continuum of care facility or assisted living center
107	165		owner-operators licensed pursuant to the provisions of
108	166		the Continuum of Care an d Assisted Living Act, and
	167	+	n. six
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110		-	n. six
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112	195		k. two members who shall be over the age of sixty -five
113	196		(65) who shall represent the general public and have
114	197		no long-term care professional work history , and
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116	198		l. one member who shall be over the age of sixty-five
117	199		(65) who shall represent the general publ ic and who
118	200		advocates for individuals receiving long-term care
119	201		services; and
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121	202		2. The designated representative from the Office of the State
122	203		Fire Marshal, the designated representative from the Department of
123	204		Mental Health and Substance Abuse Services, the de signated
124	205		representative from the Department of Human Services, and the
125	206		designated representative from the State Department of Health shall
126	207		serve at the pleasure of thei r designators;
127		-
128	208		3. The initial appointments of the Governor Appointments shall
129	209		be for the following two-year terms:
130		-
131	210		a. the initial term of the member of the medical
132	211		profession shall be for a three -year term,
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136	212		b. the initial term of the member of the osteopa thic
137	213		profession shall be for a three-year term,
138		-
139	214		c. the initial term of the registered ph armacist shall be
140	215		for a two-year term,
141		-
142	216		d. the initial term of the licensed registered nurse
143	217		shall be for a two-year term,
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145	245		e. the initial term of the licensed practical nurse shall
146	246		be for a one-year term,
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148	247		f. of the initial terms for the twelve members who a re
149	248		licensed operator-administrators for facilities
150	249		pursuant to the Nursing Home Care Act, residential
151	250		care homes pursuant to the Residential Care Act, adult
152	251		day care facilities pursuant to the Adult Day Care
153	252		Act, and continuum of care facilities and assist ed
154	253		living centers pursuant to the Continuum of Care and
155	254		Assisted Living Act, four shall be for one -year terms,
156	255		four shall be for two -year terms, and four shall be
157	256		for three-year terms; provided that representatives
158	257		for each of the terms shall include one i ndividual
159	258		representing facilities subject to the provisions of
160	259		the Nursing Home Care Act, one individual representing
161	260		residential care homes subject to the Residential Care
162	261		Act, one individual representing facilities subject to
163	262		the provisions of the Adult Day Care Act, and one
164	263		individual representing continuum of care facilities
165	264		and assisted living centers subject to the provisions
166	265		of the Continuum of Care and Assisted L iving Act, and
167		-
168	266		g. the initial terms for the six members of the general
169	267		public over the age of sixty-five (65) shall be for
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170	295		one-, two-, three-, four-, five- and six-year terms
171	296		respectively; and
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173	297		4. After the initial designations or appointments, the
174	298		designated representative from the Office of the State Fire Marsha l,
175	299		the designated representat ive of the Oklahoma Health Care Authority,
176	300		the designated representative of the Department of Human Services
177	301		and the designated representative of the Department of Ment al Health
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180	302		and Substance Abuse Services shall each. Members shall serve at the
181	303		pleasure of their designators. All other terms shall be for a
182	304		three-year period. Members may be reappointed not to exceed two
183	305		terms. In case of a vacancy, the Governor shall appoint individuals
184	306		to fill the remainder of the term.
185		-
186	307		B. The State Department of Healt h shall provide a clerical
187	308		staff worker administrative support to perform designated duties of
188	309		the Advisory Board Council. The Department shall also provide space
189	310		for meetings of the Advisory Board Council.
190		-
191	311		C. The Advisory Board Council shall annually elect a chair,
192	312		vice-chair and secretary-treasurer, shall meet at least quarterly,
193	313		and may hold such special meetings as may be necessary. The members
194	314		of the Advisory Board Council shall be reimbursed as provided for by
195	315		the State Travel Reimbursement Act.
196		-
197	316		D. The Advisory Board Council shall have the power and duty to:
198		-
199	317		1. Serve as an advisory body to the Dep artment for the
200	318		development and improvement of services to and ca re and treatment of
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201	346		residents of facilities subject to the provisions of the Nursing
202	347		Home Care Act, homes subject to the provisions of the Residential
203	348		Care Act and facilities subject to the p rovisions of the Adult Day
204	349		Care Act;
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206	350		2. Review, and make recommendations regarding, and approve in
207	351		its advisory capacity the system of standards develop ed by the
208	352		Department quality of services, care , and treatment provided to
209	353		individuals receiving services from entities that are subject to the
210	354		Nursing Home Care Act, th e Residential Care Act and the Adult Day
211	355		Care Act; and
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213	356		3. Evaluate and review the stand ards, practices, and procedures
214	357		of the Department regarding the administration and enforcement of
215	358		the provisions of the Nursing Home Care Act, the Residential Care
216	359		Act and the Adult Day Care Act, and the quality of services and care
217	360		and treatment provided to residents of facilities and residential
218	361		care homes and participants in adult day care centers. The Board
219	362		may make recommendations to the Department as necessary and
220	363		appropriate;
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224	364		4. Evaluate and review financial accountability standards,
225	365		policies and practices of residential care facilities regarding
226	366		residents’ funds for which the facility is the payee, and evaluate
227	367		and review expenditures made on behalf of the resid ent by the
228	368		facility to ensure that such funds are managed appropriately and in
229	369		the best interests of the resident; and
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231	397		5. Publish and distr ibute an annual report of its activities
232	398		and any recommendations for the improvement of services and care and
233	399		treatment to residents of facilities and residential care homes and
234	400		participants in adult day care centers on or before January 1 of
235	401		each year to the Governor, the State Commissioner of Health, the
236	402		State Board of Health, the Speaker of the House of Representativ es,
237	403		the President Pro Tempore of the Senate, and the chief
238	404		administrative officer of eac h agency affected by the report.
239		-
240	405		SECTION 2. This act shall be come effective November 1, 2023.
241	406
242		-
243		-	ENR. S. B. NO. 571 Page 7
244		-	Passed the Senate the 6th day of March, 2023.
245		-
246		-
247		-
248		-	Presiding Officer of the Senate
249		-
250		-
251		-	Passed the House of Representatives the 25th day of April, 2023.
252		-
253		-
254		-
255		-	Presiding Officer of the House
256		-	of Representatives
257		-
258		-	OFFICE OF THE GOVERNOR
259		-	Received by the Office of the Governor this _______ _____________
260		-	day of _________________ __, 20_______, at _______ o'clo ck _______ M.
261		-	By: _______________________________ __
262		-	Approved by the Governor of the State of Oklahoma this _____ ____
263		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
264		-
265		-	_________________________________
266		-	Governor of the State of Oklahoma
267		-
268		-
269		-	OFFICE OF THE SECRETARY OF STATE
270		-	Received by the Office of the Secretary of State this _______ ___
271		-	day of __________________, 20 _______, at _______ o'clock _______ M.
272		-	By: _______________________________ __
	407	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LO NG-TERM
	408	+	CARE, dated 04/04/2023 - DO PASS.