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ENGROSSED SENATE
BILL NO. 1709 By: Rosino and Pederson of the
Senate
and
Echols of the House
An Act relating to the Department of Human Services;
transferring the Office of Client Advocacy and the
Office of the State Long -Term Care Ombudsman from the
Department of Human Services to the State Department
of Health; directing certain transfers; requiring the
Director of the Office of Management and Enterprise
Services to coordinate certain transfers; stipulating
procedures for transfer of administrat ive rules;
amending 10 O.S. 2021, Section 1430.27, which relates
to inspection, investigation, survey , or evaluation
of group homes; conforming and updating language;
amending 10A O.S. 2021, Section 1 -9-112, which
relates to the Office of Client Advocacy; conforming,
updating, and clarifying language; removing certain
restriction on dismissal of personnel; modifying
qualifications of Advocate General; amending 10A O.S.
2021, Section 1-9-117, which relates to allegations
against Department of Human Services employees or
child-placing agency by foster parent; conforming and
updating language; amending Section 2, Chapter 123,
O.S.L. 2022 (43A O.S. Supp. 2023, Section 10 -115),
which relates to multidisciplinary elderly and
vulnerable adult abuse teams; conformin g and updating
language; amending 63 O.S. 2021, Sections 1 -829, 1-
1902, 1-1911, 1-1941, 1-1945, 330.58, as amended by
Section 6, Chapter 271, O.S.L. 2023, and as
renumbered by Section 14, Chapter 271, O.S.L. 2023,
1-1950.4, 1-2212, 1-2213, 1-2214, and 1-2216 (63 O.S.
Supp. 2023, Section 1 -1949.4), which relate to long -
term care; conforming, updating, and cl arifying
language; making language gender neutral; updating
statutory references; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -9-112a of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. Upon the effective date of this act, the Office of Client
Advocacy within the Department of Human Services shall transfer to
the State Department of Health . The Office of Client Advocacy and
the Advocate General shall continue to exercise th eir statutory
powers and duties.
B. All equipment, supplies, records, matters pending, assets,
future liabilities, fund balances, encumbrances, obligations,
indebtedness, and legal and contractual rights and responsibilities
of the Office of Client Advocacy shall be transferred to the State
Department of Health.
C. Any monies accruing to or in the name of the Office of
Client Advocacy on and after the effective date of this act, or any
monies that accrue in any funds or accounts or are maintained for
the benefit of the Office of Client Advocacy on and after the
effective date of this act, shall be transferred to the State
Department of Health.
D. The Department of Human Services and the State Department of
Health may enter into an agreement for the transfer of perso nnel.
No employee shall be transferred to the State Department of Health
except on the freely given written consent of the employee. Any
employee who is transferred shall not be required to accept a lesser
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grade or salary than presently receiv ed. All employees shall retain
leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department of Human Services. The transfer of personnel between the
state agencies shall be coordinated wit h the Office of Management
and Enterprise Services.
E. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obligations or
encumbrances as provided for in this section.
F. Upon the effective date of this act, all administrative
rules promulgated by the Director of Human Services for the Office
of Client Advocacy shall be transferred to and become a part of the
administrative rules of the State Depart ment of Health. The Office
of Administrative Rules in the Office of the Secretary of State
shall provide adequate notice in “The Oklahoma Register ” of the
transfer of such rules and shall place the transferred rules under
the Oklahoma Administr ative Code title of the State Department of
Health. Such rules shall continue in force and effect as rules of
the State Department of Health from and after the effective date of
this act, and any amendment, repeal, or addition to the transferred
rules shall be under the jurisdiction of the State Commissioner of
Health.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -2213.1 of Title 63, unless
there is created a duplication in numbering, r eads as follows:
A. Upon the effective date of this act, the Office of the State
Long-Term Care Ombudsman within the Department of Human Services
shall transfer to the State Department of Health. The Office of the
State Long-Term Care Ombudsman shall continue to ex ercise its
statutory powers and duties.
B. All equipment, supplies, records, matters pending, assets,
future liabilities, fund balances, encumbrances, obligations,
indebtedness, and legal and contractual rights and responsibilities
of the Office of the State Long-Term Care Ombudsman shall be
transferred to the State Department of Health.
C. Any monies accruing to or in the name of the Office of the
State Long-Term Care Ombudsman on and after the effective date of
this act, or any monies that accrue in any funds or accounts or are
maintained for the benefit of the Office on and after the effective
date of this act, shall be transferred to the State Department of
Health.
D. The Department of Human Services and the State Department of
Health may enter into an agreement for the transfer of personnel.
No employee shall be transferred to the State Department of Health
except on the freely given written consent of the employee. Any
employee who is transferred shall not be required to accept a lesser
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grade or salary than presently received. All employees shall retain
leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department of Human Services. The transfer of personnel bet ween the
state agencies shall be coordinated with the Office of Management
and Enterprise Services.
E. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obl igations or
encumbrances as provided for in this section.
F. Upon the effective date of this act, all administrative
rules promulgated by the Director of Human Services for the Office
of the State Long-Term Care Ombudsman shall be transferred t o and
become a part of the administrative rules of the State Department of
Health. The Office of Administrative Rules in the Office of the
Secretary of State shall provide adequate notice in “The Oklahoma
Register” of the transfer of such rules and shall place the
transferred rules under the Oklahoma Administrative Code title of
the State Department of Health. Such rules shall continue in force
and effect as rules of the State Department of Health from and after
the effective date of this act, and any ame ndment, repeal, or
addition to the transferred rules shall be under the jurisdiction of
the State Commissioner of Health.
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SECTION 3. AMENDATORY 10 O.S. 2021, Section 1430.27, is
amended to read as follows:
Section 1430.27. A. Every group home shall be inspected at
least annually by a duly appointed representative of the Department
of Human Services pursuant to rules promulgated by the Commission
for Human Services with the advice and counsel of the Group Homes
for Persons with Developmental or Physical Disabilities Advisory
Board established by Section 1430.4 of this title Director of Human
Services.
B. The Department shall at least annually and whenever it deems
necessary inspect, survey, and evaluate each group home to determine
compliance with applicable licensure and program requirements and
standards.
C. Any inspection, investigation, survey, or evaluation may be
conducted without prior notice to the home. At least one inspection
per group home shall be unannounced. Any li censee or applicant for
a license shall be deemed to have given consent to any duly
authorized employee or agent of the Department to enter and inspect
the group home in accordance with the provisions of the Group Homes
for Persons with Developmental or Physical Disa bilities Act.
Refusal to permit such entry or inspection may constitute grounds
for the denial, nonrenewal, suspension, or revocation of a license.
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D. The Department shall maintain a log, updated at least
monthly and available for public inspe ction, which shall at a
minimum detail:
1. The name of the group home and date of inspection,
investigation, survey, or evaluation;
2. Any deficiencies, lack of compliance, or violation noted at
the inspection, investigation, survey, or evaluation;
3. The date a notice of violation, license denial, nonrenewal,
suspension, or revocation was issued or other enforcement action
occurred;
4. Proposed dates for the resolution of deficiencies;
5. The date corrections were completed, as verified by an
inspection; and
6. If the inspection or investigation was made pursuant to the
receipt of a complaint, the date such complaint was received and the
date the group home was notified of the results of the inspection or
investigation.
E. The Department shall require periodic reports and shall have
access to books, records , and other documents maintained by the
group home to the extent necessary to implement the provisions of
the Group Homes for Persons with Developmental or Physical
Disabilities Act and the rules pr omulgated by the Commission for
Human Services Director pursuant thereto.
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F. Any state or local ombudsman representative of the Office of
the State Long-Term Care Ombudsman within the State Department of
Health or a representative of the Office of Client Advocacy within
the State Department of Health having proper identification is
authorized to enter any group home licensed pursuant to the
provisions of the Group Homes for Persons with Developmental or
Physical Disabilities Act, communicate privately and without
unreasonable restriction with any resident of a group home who
consents to such communication, to seek consent to communicate
privately and without restriction with any resident of a group home,
and to observe all areas of a group home that directly pertain t o
the care of a resident of a group home.
G. All state agencies receiving complaints on, or conducting
surveys or inspections of , group homes shall forward complete copies
of complaints or inspection or survey results to the Office of
Client Advocacy of the Department of Human Services .
SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -9-112, is
amended to read as follows:
Section 1-9-112. A. 1. The Director of Human Services is
authorized and directed to State Commissioner of Hea lth shall
establish the Office of Client Advocacy within the Department of
Human Services State Department of Health and to shall employ
personnel necessary to carry out the purposes of this section and
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the duties listed in provisions of this section. Personnel may be
dismissed only for cause .
2. The chief administrative officer head of the Office of
Client Advocacy shall be the Advocate General , who shall be an
attorney. The Advocate General shall be a member of the Oklahoma
Bar Association and shall ha ve a minimum of three (3) years ’
experience as an attorney. The compensation of the Advocate General
shall be no less than that of the classification of Attorney III as
established in the Merit System of Personnel Administration
classification and compensation plan, but shall be an unclassified
position.
3. The duties and responsibilities of the Advocate General are
to:
a. supervise personnel assigned to the Office of Client
Advocacy,
b. monitor and review grievance procedures and hearings,
c. establish and maintain a fair, simple, and expeditious
system for resolution of grievances of:
(1) all children in the custody of the Department of
Human Services regarding:
(a) the substance or application of any written
or unwritten policy or rule of the
Department or agent of the Department, or
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(b) any decision or action by an employee or
agent of the Department, or of any child in
the custody of the Department,
(2) foster parents relating to the provision of
foster care services pursuant to this section and
Section 1-9-117 of this title, and
(3) all persons receiving services from the
Developmental Disabilities Services Division of
the Department of Human Services,
d. investigate allegations of abuse, neglect, sexual
abuse, and sexual exploitation, as th ose terms are
defined in the Oklahoma Children ’s Code, by a person
responsible for a child, regardless of custody:
(1) residing outside their his or her own homes home
other than children in foster care or children in
the custody of the Office of Juvenile Affairs and
placed in an Office of Juvenile Affairs secure
facility,
(2) in a day treatment program as defined in Section
175.20 of Title 10 of the Oklahoma Statutes, and
submit a report of the results of the
investigation to the appropriate district
attorney and to the State Department of Health,
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(3) receiving services from a community services
worker as that term is defined in Section 1025.1
of Title 56 of the Oklahoma Statutes, and
(4) residing in a state institution listed in Section
1406 of Title 10 of the Oklaho ma Statutes,
e. establish a system for investigating allegations of
misconduct, by a person responsible for a child, not
rising to the level of abuse, neglect, sexual abuse,
or sexual exploitation with regard to any child or
resident listed in s ubparagraph d of this paragraph,
f. coordinate any hearings or meetings of Departmental
departmental administrative review committees
conducted as a result of unresolved grievances or as a
result of investigations,
g. make recommendations to the State Commissioner of
Health, who shall then make recommendations to the
Director of Human Services, and provide regular or
special reports regarding grievance procedures,
hearings and investigations to the Director, the
Commission Commissioner, the Office of Juveni le System
Oversight, and other appropriate persons as necessary,
h. forward to the Office of Juvenile System Oversight,
for the information of the Director of that office, a
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copy of the final report of any grievance which is not
resolved in the favor of the complaina nt,
i. perform such other duties as required by the Director
of the Department or the Commission State Commissioner
of Health, and
j. develop policies and procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of their its investigations. The investigation report,
together with its recommendations, shall be submitted to the
appropriate district attorney ’s office.
C. 1. Except as otherwise provided by the Oklahoma Children ’s
Code, the reports required by Section 1 -2-101 of this title or any
other information acquired pursuant to the Oklahoma Children ’s Code
shall be confidential and may be disclosed only as provided in
Section 1-2-108 of this title and the Oklahoma Children ’s Code.
2. Except as otherwise provided by the Oklahoma Children ’s
Code, any violation of the confidentiality requirements of the
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
punishable by up to six (6) months in jail, by a fine of Five
Hundred Dollars ($500.00), or by both such fine and imprisonment.
3. Any records or information disclosed as provided by this
subsection shall remain confidential. The use of any information
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shall be limited to the purpose for which disclosure is authorized.
Rules promulgated by the Commission for Human Services State
Commissioner of Health shall provide for disclosure of relevant
information concerning Office of Client Advocacy investigations to
persons or entities acting in an official capacity with regard to
the subject of the investigation.
4. Nothing in this section shall be construed as prohibiting
the Office of Client Advocacy or the Department of Human Services
from disclosing such confid ential information as may be necessary to
secure appropriate care, treatment, or protection of a child alleged
to be abused or neglected.
D. 1. The Office of Client Advocacy shall investigate any
complaint received by the Office of Juvenile System Oversight
alleging that an employee of the Department of Human Services or a
child-placing agency has threatened a foster parent with removal of
a child from the foster parent, harassed a foster parent, or refused
to place a child in a licensed or certified fost er home, or
disrupted a child placement as retaliation or discrimination towards
a foster parent who has:
a. filed a grievance pursuant to Section 1 -9-120 of this
title,
b. provided information to any state official or
Department of Human Services employee, or
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c. testified, assisted, or otherwise participated in an
investigation, proceeding, or hearing against the
Department of Human Services or child-placing agency.
2. The provisions of this subsection shall not apply to any
complaint by a foster parent r egarding the result of a criminal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department of Human Services or a child-placement
agency in conformity with the result of any such proceeding.
3. The Office of Client Advocacy shall at all times be granted
access to any foster home or any child -placing agency which is
certified, authorized, or funded by the Department of Human
Services.
SECTION 5. AMENDATORY 10A O.S. 2021, Section 1 -9-117, is
amended to read as follows:
Section 1-9-117. A. 1. A foster parent may report to the
Office of Client Advocacy of the Department of Human Services within
the State Department of Health an allegation that an e mployee of the
Department of Human Services or of a child-placing agency has
threatened the foster parent with removal of a child from the foster
parent, harassed or refused to place a child in a licensed or
certified foster home, or disrupted a child placement as retaliation
or discrimination towards a foster parent who has:
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a. filed a grievance pursuant to Section 1 -9-120 of this
title,
b. provided information to any state official or
Department of Human Services employee, or
c. testified, assisted, or ot herwise participated in an
investigation, proceeding , or hearing against the
Department of Human Services or child-placing agency.
2. The provisions of this subsection shall not apply to any
complaint by a foster parent regarding the result of a criminal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department of Human Services or a child-placing agency
in conformity with the result of any such proceeding.
3. A reporter shall not be relieved of the duty to report
incidents of alleged child abuse or neglect pursuant to the Oklahoma
Children’s Code.
4. The Advocate General shall establish rules and procedures
for evaluating reports of complaints pursu ant to paragraph 1 of this
subsection and for conducting an investigation of such reports.
B. 1. The Office of Client Advocacy shall prepare and maintain
written records from the reporting source that shall contain the
following information to the extent known at t he time the report is
made:
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a. the names and addresses of the child and the person
responsible for the child ’s welfare,
b. the nature of the complaint, and
c. the names of the persons or agencies responsible for
the allegations contained in the complaint.
2. Any investigation conducted by the Office of Client Advocacy
pursuant to such information shall not duplicate and shall be
separate from the investigation mandated by the Oklahoma Children ’s
Code or other investigation of the Department of Human Services
having notice and hearing requirements.
3. At the request of the reporter, the Office of Client
Advocacy shall keep the identity of the reporter strictly
confidential from the operation of the Department of Human Services,
until the Advocate General State Commissioner of Health determines
what recommendations shall be made to the Commission for Human
Services and to the Director of the Department.
C. The Commission Commissioner and the Director shall ensure
that a person making a report in good faith u nder this section is
not adversely affected solely on the basis of having made such
report.
D. Any person who knowingly and willfully makes a false or
frivolous report or complaint or a report that the person knows
lacks factual foundation, pur suant to the provisions of this
section, may be subject to loss of foster parent certification.
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SECTION 6. AMENDATORY Section 2, Chapter 123, O.S.L.
2022 (43A O.S. Supp. 2023, Section 10 -115), is amended to read as
follows:
Section 10-115. A. In coordination with the District Attorneys
Council, each district attorney may develop a multidisciplinary team
for the investigation and prosecution of crimes committed against
the elderly or vulnerable adults in each county of the distric t
attorney or in a contiguous group of counties. The lead agency for
the team shall be chosen by the members of the team. The team shall
intervene in reports involving sexual abuse, abuse, neglect, or
exploitation of an elderly person or vulnerable adult as defined in
Section 10-103 of Title 43A of the Oklahoma Statutes.
B. The multidisciplinary elderly and vulnerable adult abuse
team members shall include, but not be limited to:
1. Mental health professionals licensed pursuant to the laws of
this state or licensed professional counselors;
2. Police officers or other law enforcement agents whose duties
include, or who have experience or training in, elder elderly and
vulnerable adult abuse and neglect investigation;
3. Medical personnel with experience in elder elderly and
vulnerable adult abuse and neglect identification;
4. Adult Protective Services , Office of Client Advocacy, and
long-term care workers within the Department of Human Services;
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5. Office of Client Advocacy workers within the State
Department of Health;
6. Multidisciplinary elder elderly and vulnerable adult abuse
team coordinators; and
6. 7. The district attorney or assistant district attorney.
C. 1. Subject to the availability of funds and resources, the
functions of the team shall include, but not be limited to:
a. whenever feasible, joint investigations by law
enforcement and Adult Protective Services, Office of
Client Advocacy, or long -term care staff to
effectively respond to reports of abuse against
elderly or vulnerable adul t victims,
b. the development of a written protocol for
investigation of sexual abuse, abuse, neglect, or
exploitation cases of elderly or vulnerable adults and
for the interview of victims to ensure coordination
and cooperation between all agencies involved. Such
protocol shall include confidentiality statements and
interagency agreements signed by member agencies that
specify the cooperative effort of the member agencies
to the team,
c. communication and collaboration among the
professionals responsible for the reporting,
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investigation, prosecution, and treatment of elderly
and vulnerable adult abuse and neglect cases,
d. elimination of duplicative efforts in the
investigation and the prosecution of abuse and neglect
cases committed against elderly or vulnerable adu lt
victims,
e. identification of gaps in service or untapped
resources within the community to improve the delivery
of services to the victim and family,
f. development of expertise through training. Each team
member and those conducting invest igations and
interviews of elder elderly or vulnerable adult abuse
victims shall be trained in the multidisciplinary team
approach, conduction of legally sound developmentally
and age-appropriate interviews, effective
investigation techniques and joint investigations as
provided through the State Department of Health, the
District Attorneys Council, the Department of Human
Services, or other resources,
g. formalization of a case review process and provision
of data as requested, and
h. standardization of in vestigative procedures for the
handling of elderly and vulnerable adult abuse and
neglect cases.
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2. Any investigation or interview related to sexual abuse,
abuse, or neglect of elderly or vulnerable adults shall be conducted
by appropriate personnel using the protoc ols and procedures
specified in this section.
3. If trained personnel are not available in a timely manner
and if a law enforcement officer or the Department of Human Services
determines that there is reasonable cause to believe a delay in
investigation or interview of a victim could place the victim ’s
health or welfare in danger of harm or threatened harm, the
investigation may proceed without full participation of all
personnel, but only for as long as the danger to the victim exists.
The Department shall make a reasonable effort to find and provide a
trained investigator or interviewer.
D. A multidisciplinary elder elderly or vulnerable adult abuse
team shall have full access to any service or treatment plan and any
personal data known to th e Department of Human Services that is
directly related to the implementation of the requirements of this
section.
E. Each member of the team shall protect the confidentiality of
the elderly or vulnerable adult and any information made available
to the team member. The multidisciplinary team and any information
received by the team shall be exempt from the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act.
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SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -829, is
amended to read as follows:
Section 1-829. A. Every residential care home for which a
license has been issued shall be inspected by a duly appointed
representative of the State Department of Health pursuant to rules
promulgated by the State Board Commissioner of Health with the
advice and counsel of the Long -Term Care Facility Advisory Board.
Inspection reports shall be prepared on forms prescribed by the
Department with the advice and counsel of the Advisory Board.
B. 1. The Department shall at least one time a year and
whenever it deems necessary inspect, survey, and evaluate each home
to determine compliance with applicable licensure rules.
2. An inspection, investigation, survey, or evaluation shall be
either announced or unannounced. The State Board of Health
Commissioner shall promulgate rules determining the criteria when an
inspection, investigation, survey , or evaluation shall be
unannounced or may be announced by the Department. Any licensee,
applicant for a license , or operator of any unlicensed faci lity
shall be deemed to have given consent to any duly authorized
employee, or agent of the Department to enter and inspect the home
in accordance with the provisions of the Residential Care Act.
Refusal to permit such entry or inspection shall constitute grounds
for the denial, nonrenewal, suspension, or revocation of a license
as well as emergency transfer of all residents.
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3. Any employee of the Department who discloses to any
unauthorized person, prior to an inspection, information regarding
an unannounced residential care home inspection that is required
pursuant to the provisions of the Residential Care Act shall, upon
conviction thereof, be guilty of a misdemeanor. In addition, such
action shall be construed to be a misuse of office and punishable as
a violation of rules promulgated by the Ethics Commission.
One person may be invited from a statewide organization of older
adults or persons with disabilities by the Department to act as a
citizen observer in any inspection.
C. The Department shall ma intain a log, updated at least
monthly and available for public inspection, which shall at a
minimum detail:
1. The name of the home and date of inspection, investigation,
survey, or evaluation;
2. Any deficiencies, lack of compliance, or violation noted at
the inspection, investigation, survey, or evaluation;
3. The date a notice of violation, license denial, nonrenewal,
suspension, or revocation was issued or other enforcement action
occurred;
4. The date a plan of correction was submitted and the dat e the
plan was approved;
5. The date corrections were completed, as verified by an
inspection; and
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6. If the inspection or investigation was made pursuant to the
receipt of a complaint, the date such complaint was received and the
date the complainant was notified of the results of the inspection
or investigation.
D. The Department may require the residential care home to
submit periodic reports. The Department shall have access to books,
records, and other documents maintained by the home to the extent
necessary to implement the provisions of the Residential Care Act
and the rules promulgated by the Board Commissioner pursuant
thereto.
E. The Department shall make at least one annual report on each
home in the state. The report shall include all conditions and
practices not in compliance with the provisions of the Residential
Care Act or rules promulgated pursuant thereto within the last year
and, if a violation is corrected, or is subject to an approved plan
of correction. The Department shall send a copy of the report to
any person upon receiving a written request. The Department may
charge a reasonable fee to cover the cost of copying and mailing the
report.
F. A state or local ombudsman as that term is defined by the
Special Unit on Aging within the Departm ent of Human Services
pursuant to the Older Americans ’ Act, 42 U.S.C.A., Section 3001 et
seq., as amended, representative of the Office of the State Long -
Term Care Ombudsman or case manager employed by the Department of
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Mental Health and Substan ce Abuse Services or one of its contract
agencies is authorized to accompany and shall be notified by the
Department of any inspection conducted of any home licensed pursuant
to the provisions of the Residential Care Act. Any state or local
ombudsman The State Long-Term Care Ombudsman or a representative of
the Office is authorized to enter any home licensed pursuant to the
provisions of the Residential Care Act, communicate privately and
without unreasonable restriction with any resident of a home who
consents to such communication, to seek consent to communicate
privately and without restriction with any resident of a home, and
to observe all areas of a home that directly pertain to the care of
a resident of a home.
G. Following any inspection by the Department, pu rsuant to the
provisions of this section, all reports relating to the inspection
shall be filed in the county office of the Department of Human
Services in which the home is located and with the Department of
Mental Health and Substance Abuse Se rvices.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -1902, is
amended to read as follows:
Section 1-1902. As used in the Nursing Home Care Act:
1. “Abuse” means the willful infliction of injury, unreasonable
confinement, intimidation , or punishment, with resulting physical
harm, impairment, or mental anguish;
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2. “Access” means the right of a person to enter a facility to
communicate privately and without unreasonable restriction when
invited to do so by a resident. The state or local “ombudsman”, as
that term is defined by the Aging Services Division of the
Department of Human Services pursuant to the Older Americans ’ Act,
42 U.S.C.A., Section 3001 et seq., as amended, A representative of
the Office of the State Long -Term Care Ombudsman and a case manager
employed by the Department of Mental Health and Substance Abuse
Services or one of its contract agencies shall have right of access
to enter a facility, communicate privately and without unreasonable
restriction with any reside nt who consents to the communication, to
seek consent to communicate privately and without restriction with
any resident, and to observe all areas of the facility that directly
pertain to the patient care of the resident without infringing upon
the privacy of the oth er residents without first obtaining their
consent;
3. “Administrator” means the person licensed by the State of
Oklahoma who is in charge of a facility. An administrator must
devote at least one-third (1/3) of such person ’s working time to on -
the-job supervision of the facility; provided , that this requirement
shall not apply to an administrator of an intermediate care facility
for individuals with intellectual disabilities with sixteen or fewer
beds (ICF/IID-16), in which case the person licensed by the state
may be in charge of more than one such ICF/IID -16 facility, if such
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facilities are located within a circle that has a radius of not more
than fifteen (15) miles, the total number of facilities and beds
does not exceed six facilities and s ixty-four beds, and each such
ICF/IID-16 facility is supervised by a qualified professional. The
facilities may be free -standing in a community or may be on campus
with a parent institution. The ICF/IID -16 facility may be
independently owned and operated or may be part of a larger
institutional operation;
4. “Advisory Board” means the Long-Term Care Facility Advisory
Board;
5. “Adult companion home ” means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer adults with intellectual or
developmental disabilities;
6. “Board” means the State Board of Health;
7. “Commissioner” means the State Commissioner of Health;
8. “Department” means the State Department of Health;
9. “Facility” means a nursing facility and a specialized home;
provided, this term shall not include a residential care home or an
adult companion home;
10. “Nursing facility” means a home, an establishment , or an
institution, a distinct part of which is primarily engaged in
providing:
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a. skilled nursing care and related services for
residents who require medical or nursing care,
b. rehabilitation services for the rehabilitation of
injured, disabled, or sick persons, or
c. on a regular basis, health -related care and services
to individuals who because of their mental or physical
condition require care and services beyond the level
of care provided by a residential care home and which
can be made available to them onl y through a nursing
facility.
“Nursing facility” Nursing facility does not mean, for purposes of
Section 1-851.1 of this title, a facility constructed or operated by
an entity described in paragraph 7 of subsection B of Section 6201
of Title 74 of the Oklahoma Statut es or the nursing care component
of a continuum of care facility, as such term is defined under the
Continuum of Care and Assisted Living Act, to the extent that the
facility constructed or operated by an entity described in paragraph
7 of subsection B of Section 6201 of Title 74 of the Oklahoma
Statutes contains such a nursing care component;
11. “Specialized facility ” means any home, establishment, or
institution which offers or provides inpatient long -term care
services on a twenty -four-hour basis to a limited category of
persons requiring such services, including but not limited to a
facility providing health or habilitation services for individuals
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with intellectual or developmental disabilities, but does not mean,
for purposes of Section 1 -851.1 of this title, a facility
constructed or operated by an entity described in paragraph 7 of
subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
the nursing care component of a continuum of care facility, as such
term is defined under the Continu um of Care and Assisted Living Act,
to the extent that the facility constructed or operated by an entity
described in paragraph 7 of subsection B of Section 6201 of Title 74
of the Oklahoma Statutes contains such a nursing care component;
12. “Residential care home” means any home, establishment, or
institution licensed pursuant to the provisions of the Residential
Care Act other than a hotel, motel, fraternity or sorority house, or
college or university dormitory, which offers or provides
residential accommodations, food service, and supportive assistance
to any of its residents or houses any resident requiring supportive
assistance. The residents shall be persons who are ambulatory and
essentially capable of managing their own affairs, but who do not
routinely require nursing care; provided, the term “residential care
home” residential care home shall not mean a hotel, motel,
fraternity or sorority house, or college or university dormitory, if
the facility operates in a manner customary to its description and
does not house any person who requires supportive assistance from
the facility in order to meet an adequate level of daily living;
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13. “Licensee” means the person, a corporation, partnership, or
association who is the owner of the facility which is licensed by
the Department pursuant to the provisions of the Nursing Home Care
Act;
14. “Maintenance” means meals, shelter, and laundry services;
15. “Neglect” means failure to provide goods and/or services
necessary to avoid physical harm, mental anguish , or mental illness;
16. “Owner” means a person, corporation, partnership,
association, or other entity which owns a facility or leases a
facility. The person or entity that stands to profit or lose as a
result of the financial success or fail ure of the operation shall be
presumed to be the owner of the facility. Notwithstanding the
foregoing, any nonstate governmental entity that has acquired and
owns or leases a facility and that has entered into an agreement
with the Oklahoma Health Care Authority to participate in the
nursing facility supplemental payment program ( “UPL Owner”) shall be
deemed the owner of such facility and shall be authorized to obtain
management services from a management services provider ( “UPL
Manager”), and to delegate, allocate, and assign as between the UPL
Owner and UPL Manager, compensation, profits, losses, liabilities,
decision-making authority, and responsibilities, including
responsibility for the employment, direction, supervision , and
control of the facility ’s administrator and staff;
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17. “Personal care” means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well -being of a person, who
is incapable of maintaining a priva te, independent residence, or who
is incapable of managing his or her person, whether or not a
guardian has been appointed for such person;
18. “Resident” means a person residing in a facility due to
illness, physical or mental infirmity, or advanced age;
19. “Representative of a resident ” means a court-appointed
guardian or, if there is no court -appointed guardian, the parent of
a minor, a relative, or other person, designated in writing by the
resident; provided, that any owner, operator, administrator , or
employee of a facility subject to the provisions of the Nursing Home
Care Act, the Residential Care Act, or the Group Homes for the
Developmentally Disabled or Physically Handicapped Persons with
Developmental or Physical Disabilities Act shall not be appointed
guardian or limited guardian of a resident of the facility unless
the owner, operator, administrator , or employee is the spouse of the
resident, or a relative of the resident within the second degree of
consanguinity and is otherwise eligible for appointment; and
20. “Supportive assistance ” means the service rendered to any
person which is less than the service provided by a nursing facility
but which is sufficient to enable the person to meet an adequate
level of daily living. Supportive assistance includ es but is not
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limited to housekeeping, assistance in the preparation of meals,
assistance in the safe storage, distribution, and administration of
medications, and assistance in personal care as is necessary for the
health and comfort of such pe rson. Supportive assistance shall not
include medical service.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 1 -1911, is
amended to read as follows:
Section 1-1911. A. 1. Every building, institution, or
establishment for which a license has been issued, including any
facility operated by the Oklahoma Department of Veterans Affairs,
shall be periodically inspected by a duly appointed representative
of the State Department of Health, pursuant to rules promulgated by
the State Board Commissioner of Health with the advice and counsel
of the Long-Term Care Facility Advisory Board, created in Section 1 -
1923 of this title.
2. Inspection reports shall be prepared on forms prescribed by
the Commissioner with the advice and counsel of the Advisory Boa rd.
B. 1. The Department, whenever it deems necessary, shall
inspect, survey, and evaluate every facility, including any facility
operated by the Oklahoma Department of Veterans Affairs, to
determine compliance with applicable licensure and ce rtification
requirements and standards. All inspections of facilities shall be
unannounced. The Department may have as many unannounced
inspections as it deems necessary.
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2. The Department shall conduct at least one unannounced
inspection per calendar year of all nursing facilities operated by
the Oklahoma Department of Veterans Affairs.
3. Any employee of the State Department of Health who discloses
to any unauthorized person, prior to an inspection, information
regarding an unannounced nursing home in spection required pursuant
to the provisions of this section shall, upon conviction thereof, be
guilty of a misdemeanor. In addition, such action shall be
construed to be a misuse of office and punishable as a violation of
rules promulgated by the Ethics Commission.
4. a. The Department may periodically visit a facility for
the purpose of consultation and may notify the
facility in advance of such a visit. An inspection,
survey, or evaluation, other than an inspection of
financial records or a consultatio n visit, shall be
conducted without prior notice to the facility.
b. One person shall be invited by the Department from a
statewide organization of the elderly to act as a
citizen observer in unannounced inspections. The
individual may be a state or local ombudsman as
defined by the Aging Services Division of the
Department of Human Services, acting pursuant to the
provisions of the Older Americans Act of 1965, Public
Law No. 89-73, 42 U.S.C.A., Section 3001 et seq., as
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amended a representative of a statew ide organization
of the elderly or a representative of the Office of
the State Long-Term Care Ombudsman.
c. The citizen observer shall be reimbursed for expenses
in accordance with the provisions of the State Travel
Reimbursement Act.
d. An employee of a state or uni t of a local government
agency, charged with inspecting, surveying, and
evaluating facilities, who aids, abets, assists,
conceals, or conspires with a facility administrator
or employee in violation of the provisions of the
Nursing Home Care Act shall be guilty, upon conviction
thereof, of a misdemeanor and shall be subject to
dismissal from employment.
C. The Department shall hold open meetings, as part of its
routine licensure survey, in each of the licensed facilities to
advise and to facilitate communi cation and cooperation between
facility personnel and the residents of facilities in their mutual
efforts to improve patient care. Administrators, employees of the
facility, residents, residents ’ relatives, friends, residents ’
representatives, and employees from appropriate state and federal
agencies shall be encouraged to attend these meetings to contribute
to this process.
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D. 1. The Department shall require periodic reports and shall
have access to books, records, and other documents maintained by the
facility to the extent necessary to implement the provisions of the
Nursing Home Care Act and the rules promulgated pursuant thereto.
2. Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer, employee, or
agent of the Department to enter and inspect the facility in
accordance with the provisions of the Nursing Home Care Act.
Refusal to permit said such entry or inspection, except for good
cause, shall constitute grounds for remedial action or
administrative penalty or both such action and penalty as provided
in the Nursing Home Care Act.
E. The Department shall maintain a file on each facility in the
state. All conditions and practices not in compliance with
applicable standards shal l be specifically stated. If a violation
is corrected or is subject to an approved plan of correction, such
action shall be contained in the file. Upon receiving a written
request for a copy of the file documents, the Department shall send
a copy of the document to any person making the written request.
The Department may charge a reasonable fee for copying costs.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 1 -1941, is
amended to read as follows:
Section 1-1941. All state agencies receiving complaints on, or
conducting surveys or inspections of, nursing home facilities shall
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forward complete copies of complaints or of inspection or survey
results to the Ombudsman Program of the Special Unit on Aging Office
of the State Long-Term Care Ombudsman.
SECTION 11. AMENDATORY 63 O.S. 2021, Section 1 -1945, is
amended to read as follows:
Section 1-1945. For purposes of the Long -term Care Security
Act:
1. “Long-term care facility” means:
a. a nursing facility, or specialized facility, or
residential care home as defined by Section 1 -1902 of
this title,
b. an adult day care center as defined by Section 1 -872
of this title,
c. skilled nursing care provided in a distinct part of a
hospital as defined by Section 1 -701 of this title,
d. an assisted living center as defined by Section 1 -
890.2 of this title,
e. the nursing care component of a continuum of care
facility as defined under the Continuum of Care and
Assisted Living Act,
f. the nursing care component of a life car e community as
defined by the Long-term Care Insurance Act, or
g. a residential care home as defined by Section 1 -820 of
this title;
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2. “Ombudsman” means the individual employed by the Department
of Human Services State Department of Health as the State Long-Term
Care Ombudsman;
3. “Nurse aide” means any person who provides, for
compensation, nursing care or health -related services to residents
in a nursing facility, a specialized facility, a residential care
home, continuum of care facility, assisted liv ing 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 contract provider
of a home health or home care agency, or as a cont ract provider of
the Oklahoma State Plan Personal Care Program of the state Medicaid
program;
4. “Employer” means any of the following facilities, homes,
agencies, or programs which are subject to the provisions of Section
1-1947 of this title:
a. a nursing facility or specialized facility as such
terms are defined in the Nursing Home Care Act,
b. a residential care home as such term is defined by the
Residential Care Act,
c. an adult day care center as such term is defined in
the Adult Day Care Act,
d. an assisted living center as such term is defined by
the Continuum of Care and Assisted Living Act,
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e. a continuum of care facility as such term is defined
by the Continuum of Care and Assisted Living Act,
f. a home health or home care agency,
g. the Department of Human Services, in its capacity as
an operator of any hospital or health care institution
or as a contractor with providers under the Oklahoma
State Plan Personal Care Program of the state Medicaid
program,
h. a hospice agency as such term is define d in the
Oklahoma Hospice Licensing Act,
i. a Medicaid home- and community-based services waivered
provider as defined in Section 1915(c) or 1915(i) of
the Federal federal Social Security Act,
j. a staffing agency with a contracted relationship to
provide staff with direct patient access to service
recipients of one or more of the other employers
listed in this paragraph, and
k. an independent contractor where the independent
contractor has a contracted relationship to provide
staff or services with direct patient access to
service recipients for one or more of the employers
listed in this paragraph;
5. “Home health or home care agency ” means any person,
partnership, association, corporation , or other organization which
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administers, offers, or provides health care services or supportive
assistance for compensation to three or more ill, disabled, or
infirm persons in the temporary or permanent residence of such
persons, and includes any subunits or branch offices of a parent
home health or home care agency;
6. “Bureau” means the Oklahoma State Bureau of Investigation;
7. “FBI” means the Federal Bureau of Investigation;
8. “Applicant” means an individual who applies for employment
with an employer, applies to work as an independent contractor to a n
employer, applies to provide services to service recipients through
the granting of clinical privileges by an employer, or applies to a
nurse aide scholarship program;
9. “Direct patient access ” means access to a service recipient
of an employer, through employmen t, independent contract, or the
granting of clinical privileges, in which the performance of duties
involves, or may involve one -on-one contact with a service recipient
of the employer on an ongoing basis. The term shall include access
to a service recipient’s property, medical information , or financial
information. The term does not include a volunteer unless the
volunteer has duties that are equivalent to the duties of a direct
patient access employee and those duties involve one -on-one contact
with a service recipient of an employer, without line -of-sight
supervision by employer staff;
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10. “Independent contract ” means a contract entered into by an
employer with an individual who provides the contracted services
independently or a contract en tered into by an employer with an
organization or agency that employs or contracts with an individual
after complying with the requirements of this section to provide the
contracted services to the employer on behalf of the organization or
agency;
11. “Medicare” means benefits under the Federal Medicare
Program established under Title XVIII of the Social Security Act,
Title 42 of the United States Code, Sections 1395 to 1395hhh;
12. “Registry screening” means a review of those registries
identified in subsection D of Section 1-1947 of this title;
13. “Department” means the State Department of Health;
14. “Nurse aide scholarship program ” means a nurse aide
training program operated under contract with the Oklahoma Health
Care Authority for the purpose of providing f ree training to
prospective nurse aides in exchange for employment in a SoonerCare
contracted facility; and
15. “Service recipient” means a patient, resident, participant,
consumer, client, or member receiving services from an employer.
SECTION 12. AMENDATORY 63 O.S. 2021, Section 330.58, as
amended by Section 6, Chapter 271, O.S.L. 2023, and as renumbered by
Section 14, Chapter 271, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1 -
1949.4), is amended to read as follows:
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Section 1-1949.4. The State Department of Health or, as
appropriate, the State Commissioner of Health shall:
1. Develop and apply standards for approval of training and
education programs for long -term care administrators that meet the
accreditation standards of the National Association of Long Term
Care Administrator Boards and approve or offer training and
education programs, or both, as described in subsection F of Section
330.53 Section 1-1949.3 of this title;
2. Develop, impose, and enforce standards which must be met by
individuals in order to receive a license or certification as a
long-term care administrator, which standards shall be designed to
ensure that long-term care administrators will be individuals who
are of good character and are otherwise s uitable, and who, by
training or experience in the field of institutional administration,
are qualified to serve as long -term care administrators;
3. Develop and apply appropriate techniques, including
examinations and investigations, for determining whether an
individual meets such standards;
4. Issue licenses or certifications to individuals determined,
after the application of such techniques, to meet such standards.
The Department may deny an initial application, deny a renewal
application, and revok e or suspend licenses or certifications
previously issued by the Department in any case where the individual
holding any such license or certification is determined
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substantially to have failed to conform to the requirements of such
standards. The Department may als o warn, censure, impose
administrative fines , or use other remedies that may be considered
to be less than revocation and suspension. Administrative fines
imposed pursuant to this section shall not exceed One Thousand
Dollars ($1,000.00) per vi olation. The Department shall consider
the scope, severity, and repetition of the violation and any
additional factors deemed appropriate by the Department when issuing
a fine. The Department may utilize one or more administrative law
judges to conduct administrati ve proceedings;
5. Establish and carry out procedures designed to ensure that
individuals licensed or certified as long -term care administrators
will, during any period that they serve as such, comply with the
requirements of such standards;
6. Receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the Department to the
effect that any individual licensed as a long -term care
administrator has failed to comply with the requirements of such
standards. The long-term care ombudsman program of the Aging
Services Division of the Department of Human Services Office of the
State Long-Term Care Ombudsman shall be notified of all complaint
investigations of the Department so that they may be present at any
such complaint investigation for the purpose of representing long -
term care facility consumers;
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7. Receive and take appropriate action on any complaint or
referral received by the Department from the Department of Human
Services or any other regulatory agency. A comp laint shall not be
published on the website of the Department unless there is a finding
by the Department that the complaint has merit. The Commissioner
shall promulgate rules that include, but are not limited to,
provisions for:
a. establishing a complaint review process,
b. creating a formal complaint file,
c. establishing a protocol for investigation of
complaints, and
d. establishing an independent informal dispute
resolution process in accordance with Section 9 1-
1949.7 of this act title;
8. Enforce the provisions of this act the Long-Term Care
Administrator Licensing Act against all persons who are in violation
thereof including, but not limited to, individuals who are
practicing or attempting to practice as long -term care
administrators without proper authorization from the Department;
9. Conduct a continuing study and investigation of long -term
care facilities and administrators of long -term care facilities
within the state with a view toward the improvement of the standards
imposed for the licensi ng or certifying of such administrators and
of procedures and methods for the enforcement of such standards with
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respect to administrators of long -term care facilities who have been
licensed or certified;
10. Cooperate with and provide assistan ce when necessary to
state regulatory agencies in investigations of complaints;
11. Develop a code of ethics for long -term care administrators
which includes, but is not limited to, a statement that
administrators have a fiduciary duty to the facility and cannot
serve as guardian of the person or of the estate, or hold a durable
power of attorney or power of attorney for any resident of a
facility of which they are an administrator;
12. Report a final adverse action against a long -term care
administrator to the Healthcare Integrity and Protection Data Bank
pursuant to federal regulatory requirements;
13. Refer completed investigations to the proper law
enforcement authorities for prosecution of criminal activities;
14. Impose administrative fines, in an amount to b e determined
by the Commissioner, against persons who do not comply with the
provisions of this act the Long-Term Care Administrator Licensing
Act or the rules adopted by the Commissioner. Administrative fines
imposed pursuant to this section s hall not exceed One Thousand
Dollars ($1,000.00) per violation. The Department shall consider
the scope, severity, and repetition of the violation and any
additional factors deemed appropriate by the Department when issuing
a fine;
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15. Assess the costs of the heari ng process, including attorney
fees;
16. Grant short-term provisional licenses to individuals who do
not meet all of the licensing requirements, provided the individual
obtains the services of a currently licensed administrator to act as
a consultant and meets any additional criteria for a provisional
license established by the Commissioner;
17. Promulgate rules governing the employment of assistant
administrators including, but not limited to, minimum
qualifications; and
18. Employ such staff as may be necessary to carry out the
duties of this act the Long-Term Care Administrator Licensing Act .
SECTION 13. AMENDATORY 63 O.S. 2021, Section 1 -1950.4,
is amended to read as follows:
Section 1-1950.4. A. 1. The State Dep artment of Health, in
conjunction with the Office of the State Long -term Care Ombudsman of
the Department of Human Services, shall develop a uniform employment
application to be used in the hiring of nurse aide staff by a
nursing facility or a specialized facility as such terms are defined
in the Nursing Home Care Act, a residential care home, as such term
is defined by the Residential Care Act, an assisted living center as
such term is defined by the Continuum of Care and Assisted Living
Act, a continuum of care facility as defined by the Continuum of
Care and Assisted Living Act, a hospice inpatient facility or
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program providing hospice services as such terms are defined by the
Oklahoma Hospice Licensing Act, an adult day care center as such
term is defined by the Ad ult Day Care Act, and a home care agency as
defined by the Home Care Act. Such uniform application shall be
used as the only application for employment of nurse aides in such
facilities on and after January 1, 2001.
2. Nothing in this section shall prohibit the State Department
of Health or any other state agency from requiring applicants for
any position in the classified service to be certified by the state
using the State of Oklahoma Employment Application employment
application.
B. The uniform employ ment application shall be designed to
gather all pertinent information for entry into the nurse aide
registry maintained by the State Department of Health. The uniform
application shall also contain:
1. A signature from the applicant to confir m or deny any
previous felony conviction;
2. A release statement for the applicant to sign giving the
State Department of Health and the Oklahoma State Bureau of
Investigation the authority to proceed with the state or national
criminal history record checks; and
3. Such other information deemed necessary by the Department.
C. The Department shall provide implementation training on the
use of the uniform employment application.
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SECTION 14. AMENDATORY 63 O.S. 2021, Section 1 -2212, is
amended to read as follows:
Section 1-2212. As used in the Long-Term Care Ombudsman Act:
1. “Office” means the Office of the State Long -Term Care
Ombudsman. For purposes of the Long -Term Care Ombudsman Act, any
area or local ombudsman entity designated by the State Long-Term
Care Ombudsman shall be deemed to be a subdivision of this Office;
2. “State Long-Term Care Ombudsman” means the individual
employed by the Department of Human Services State Department of
Health to be the chief administrative o fficer head of the Office;
3. “Department” means the Department of Human Services State
Department of Health ;
4. “Representative” means the State Long -Term Care Ombudsman,
and any state, area, or local long-term care ombudsman designated by
the State Long-Term Care Ombudsman, whether paid or unpaid; and
5. “Resident” means any person residing in a long -term care
facility.
SECTION 15. AMENDATORY 63 O.S. 2021, Section 1 -2213, is
amended to read as follows:
Section 1-2213. A. There is hereby created within the
Department of Human Services State Department of Health the Office
of the State Long-Term Care Ombudsman. The Office, under the
auspices and general direction of the State Long -Term Care
Ombudsman, shall carry out a long -term care ombudsman program in
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accordance with the Older Americans Act of 1965, as amended, and in
accordance with federal regulations issued pursuant to the Older
Americans Act or as provided by the Long -Term Care Ombudsman Act.
B. The State Long-Term Care Ombudsman shall, personally or
through representatives of the Office:
1. Identify, investigate , and resolve complaints that:
a. are made by, or on behalf of, residents, and
b. relate to action, inaction , or decisions, of:
(1) providers, or representatives of provide rs, of
long-term care services,
(2) public agencies, or
(3) health and social service agencies,
that may adversely affect the health, safety, welfare , or rights of
the residents;
2. Provide services to assist the residents in protecting their
health, safety, welfare, and rights;
3. Inform residents about means of obtaining services offered
by providers or agencies;
4. Ensure that the residents have regular and timely access to
the services provided through the Office;
5. Ensure that the residents and co mplainant receive timely
responses from the Office and representatives of the Office
regarding complaints;
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6. Represent the interests of residents before governmental
agencies and seek administrative, legal , and other remedies to
protect the health, safety, welfare, and rights of the residents;
7. Provide administrative and technical assistance to area or
local ombudsman entities to assist the entities in participating in
the State Long-Term Care Ombudsman Program;
8. a. analyze, comment on, and monitor the development and
implementation of federal, state , and local laws,
rules, and other government policies and actions that
pertain to the health, safety, welfare , and rights of
the residents, with respect to the adequacy of long -
term care facilities and services in this state,
b. recommend any changes in such laws, rules, policies ,
and actions as the Office determines to be
appropriate, and
c. facilitate public comment on the laws, rules,
policies, and actions;
9. a. provide for training representatives of the Office,
b. promote the development of citizen organizations, to
participate in the State Long -Term Care Ombudsman
Program, and
c. provide technical support for the development of
resident and family councils to protect the well -being
and rights of residents; and
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10. Carry out such other activities as the Commission for Human
Services State Commissioner of Health determines to be appropriate.
C. 1. In carrying out the duties of the Office, the State
Long-Term Care Ombudsman may designate an entity as an area or local
Ombudsman entity, and may designate an employee or volunteer to
represent the entity.
2. An individual so designated shall, in accordance with the
policies and procedures established by the Office and Commission for
Human Services the Commissioner, carry out such duties and
activities as required by the State Long -Term Care Ombudsman
pursuant to the authority granted by the Long -Term Care Ombudsman
Act and rules promulgated by the Commission Commissioner thereto.
3. Entities eligible to b e designated as area or local
Ombudsman entities, and individuals eligible to be designated as
representatives of such entities, shall:
a. have demonstrated capability to carry out the
responsibilities of the Office,
b. be free of conflicts of i nterest,
c. in the case of the entities, be public or nonprofit
private entities, and
d. meet such additional requirements as the Ombudsman may
specify.
D. 1. In accordance with the Older Americans Act of 1965, as
amended, and in accordance with federal regulations issued pursuant
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thereto, or as otherwise provided by the Long -Term Care Ombudsman
Act, the State Long-Term Care Ombudsman and representatives of the
Office shall have:
a. access to long-term care facilities and residents,
b. (1) access to review the medical and social records
of a resident, if:
(a) the representative of the Office has the
permission of the resident, or the legal
representative of the resident, or
(b) the resident is unable to consent to the
review and has no legal representative and
the representative of the Office obtains the
approval of the State Long -Term Care
Ombudsman, or
(2) access to the records as is necessary to
investigate a complaint if:
(a) a legal guardian of the resident refuses to
give the permission,
(b) a representative of the Office has
reasonable cause to believe that the
guardian is not acting in the best interests
of the resident, and
(c) the representative obtains the approval of
the State Long-Term Care Ombudsman,
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c. access to the administrative records, policies , and
documents, to which the residents have , or the general
public has access, of long -term care facilities, and
d. access to copies of all licensing and certification
records maintained by the Department or any other
agency of this state with respec t to long-term care
facilities.
2. For purposes of this subsection, the term “Representative
“representative of the Office” shall not include any unpaid or
volunteer state, area, or local ombudsman.
SECTION 16. AMENDATORY 63 O.S. 2021, Secti on 1-2214, is
amended to read as follows:
Section 1-2214. A. For purposes of the The Governmental Tort
Claims Act, any state, area , or local long-term care ombudsman shall
be deemed to be an employee of this state and as such shall not be
personally liable for any act or omission made within the “scope of
employment”, as such term is defined by the The Governmental Tort
Claims Act.
B. 1. The Department of Human Services State Department of
Health shall assure that adequate legal counsel is available to the
Office of the State Long -Term Care Ombudsman for the advice and
consultation needed to protect the health, safety, welfare , and
rights of residents, and that legal representation is provided to
any representative of the Office:
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a. against whom suit or other legal action is brought in
connection with any act or omission of a
representative made within the scope of employment, or
b. to assist the ombudsman and representatives of the
Office in the performance of their official duties.
2. The provisions of this section shall not be construed to
require or authorize any legal counsel provided by the Department of
Human Services to represent any resident of a nursing facility in an
individual capacity.
SECTION 17. AMENDATORY 63 O.S. 2021, Section 1-2216, is
amended to read as follows:
Section 1-2216. A. The Commission for Human Services State
Commissioner of Health shall promulgate rules regarding:
1. The powers and official duties of the State Long -Term Care
Ombudsman consistent wi th applicable federal law and rules or as
provided by the Long -Term Care Ombudsman Act;
2. Minimum qualifications for persons to serve as
representatives of the Office of the State Long -Term Care Ombudsman;
3. Initial and continuing training r equirements for ombudsman
staff and volunteers which shall provide for a minimum of eighteen
(18) hours of continuing education relevant to the care of the aging
and disabled;
4. The minimum number of visits that must be made by an
ombudsman to the assigned faciliti es;
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5. The proper documentation and reporting of visits made to
facilities by the ombudsman;
6. Procedures to ensure that officers, employees , or other
representatives of the Office are not subject to a conflict of
interest which would impair their ability to carry out their
official duties in an impartial manner; and
7. The disclosure by the State Long -Term Care Ombudsman or area
or local Ombudsman entities of files maintained by the State Long -
Term Care Ombudsman Program. Such rules shall:
a. provide that such files and records may be disclosed
only at the discretion of the State Long -Term Care
Ombudsman or the person designated by the State Long -
Term Care Ombudsman to disclose the files and records,
and
b. prohibit the disclosure of the ide ntity of any
complainant or resident with respect to whom the
Office maintains such files or records unless:
(1) the complainant or resident, or the legal
representative of the complainant or resident,
consents to the disclosure and the consent is
given in writing,
(2) (a) the complainant or resident gives consent
orally, and
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(b) the consent is documented contemporaneously
in a writing made by a State Long -Term Care
Ombudsman representative of the Office in
accordance with such rules as the Commission
Commissioner shall promulgate, or
(3) the disclosure is required by court order.
B. The Oklahoma State Council on Aging and Adult Protective
Services, established by the Commission for Human Services
Commissioner to review, monitor, and evaluate programs targeted to
older persons, shall serve in an advisory capacity to the State
Long-Term Care Ombudsman through establishment of a committee with
equal provider and consumer representation.
SECTION 18. This act shall become effective November 1, 20 24.
Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives