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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1760 By: Garvin
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1939, which relates to liability to
residents; modifying conditions for liability of
nursing facility; updating statutory reference;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, S ection 1-1939, is
amended to read as follows:
Section 1-1939. A. The owner and licensee are may be liable to
a resident for any intentional or negligent act or omission of their
agents or employees which injures the resident if the act or
omission occurs within the scope of the employment or agency . In
addition, any state employee that aids, ab ets, assists, or conspires
with an owner or licensee to perform an act that causes injury to a
resident shall be individually liable.
B. A resident may maintain a n action under the Nursing Home
Care Act for any other type of relief , including injunctive and
declaratory relief, permitted by law.
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C. Any damages recoverable under this section , including
minimum damages as provided by this section, may be recovered in any
action which a court may authorize to be brought as a class action.
The remedies provided in this section, are in addition to and
cumulative with any other legal remedies available to a resident.
Exhaustion of any available administrative remedies s hall not be
required prior to commencement of suit hereunder.
D. Any waiver by a resident or the legal representative of the
resident of the right to commence an action under this sectio n,
whether oral or in writing, shall be null and void, and without
legal force or effect.
E. Any party to an action brought under this section shall be
entitled to a trial by jury and any waiver of the right to a trial
by a jury, whether oral or in writin g, prior to the commencement of
an action, shall be null and void, an d without legal force or
effect.
F. A licensee or its agents or employees shal l not transfer,
discharge, evict, harass, dismiss , or retaliate against a resident,
a resident’s guardian, or an employee or agent who makes a report,
brings, or testifies in, a n action under this section, or files a
complaint because of a report, testimony , or complaint.
G. Any person, institution , or agency, under the Nursing Home
Care Act, participating in good faith in the making of a report, or
in the investigation of such a report shall not be deemed to have
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violated any privileged communication and shall have immunity from
any liability, civil or criminal, or any other proceedings, civil or
criminal, as a consequence of making such report. The good faith of
any persons required, or permitted to report cases of suspected
resident abuse or neglect under this act the Nursing Home Care Act
shall be presumed.
H. A facility employee or agent who becomes aware of abuse,
neglect, or exploitation of a resident prohibited by the Nu rsing
Home Care Act shall immediately rep ort the matter to the facility
administrator. A facility administrator who becomes aware of abuse,
neglect, or exploitation of a resident shall immediately act t o
rectify the problem and shall make a report of the incident and its
correction to the State Department of Health.
I. 1. The facility shall be responsible for reporting the
following serious incidents to the Department within twenty -four
(24) hours:
a. communicable diseases,
b. deaths by unusual occurrence, including accidental
deaths or deaths other than by na tural causes, and
deaths that may be attributed to a medical device,
c. missing residents. In addition, the facility shall
make a report to local law enforcement agencies within
two (2) hours if the resident is still missing,
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d. situations arising where a rape or a criminal act is
suspected. Such situations shall also be reported to
local law enforcement immediately. The facility shall
make every effort to preserve the scene o f the
suspected rape or crime until local law enforcement
has arrived, and
e. resident abuse, neglect, and misappropriation of the
property of a resident.
2. All other incident reports shall be made in accordance with
federal law.
3. All initial written reports of incidents o r situations shall
be mailed to the Department within fiv e (5) working days after the
incident or situation. The final report shall be filed with the
Department when the full investigation is complete.
SECTION 2. This act shall become effective November 1, 202 4.
59-2-3369 DC 1/17/2024 11:00:55 AM