Oklahoma 2025 Regular Session

Oklahoma House Bill HB1600 Compare Versions

Version 1 (Old)

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3		-	SENATE FLOOR VERSION - HB1600 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1600 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 7, 2025
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1600 By: Gise, Williams, Pae,
35	30		Roberts, Caldwell (Chad),
36	31		Adams, Steagall, Harris,
37	32		Kelley, and Stark of the
38	33		House
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40	34		and
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42		-	Hines, McIntosh,
43		-	Standridge, Green, Bullard,
44		-	Hamilton, Grellner, and
45		-	Sacchieri of the Senate
	36	+	Hines and McIntosh of the
	37	+	Senate
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51	43		An Act relating to health care; enacting the Lori
52	44		Brand Patient Bill o f Rights Act of 2025; creating a
53	45		list of rights for a patient seeking treatment;
54	46		specifying certain responsibilities of patients
55	47		seeking treatment; creating certain rights for minor
56	48		patients seeking treatment; specifying certain
57	49		responsibilities of parents of minor patients seeking
58	50		treatment; providing for codification; and providing
59	51		an effective date.
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65	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
66	57		SECTION 1. NEW LAW A new section of law to be codified
67	58		in the Oklahoma Stat utes as Section 3401 of Title 63, unless there
68	59		is created a duplication in numbering, reads as follows:
69	60		This act shall be known and may be cited as the "Lori Brand
70	61		Patient Bill of Rights Act of 2025".
	62	+	SECTION 2. NEW LAW A new sectio n of law to be codified
	63	+	in the Oklahoma Statutes as Section 3401.1 of Title 63, unless there
	64	+	is created a duplication in numbering, reads as follows:
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72		-	SENATE FLOOR VERSION - HB1600 SFLR Page 2
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	66	+	ENGR. H. B. NO. 1600 Page 2 1
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98		-	SECTION 2. NEW LAW A new section of law to be codified
99		-	in the Oklahoma Statutes as Section 3401.1 of Title 63, unless there
100		-	is created a duplication in numbering, reads as follows:
101	91		A. Each patient treated in this state shall have the following
102	92		rights when being treated:
103	93		1. The right to considerate and respectful care, provided in a
104	94		safe environment, free from all forms of abuse, neglect, harassment,
105	95		and exploitation;
106	96		2. To receive information in a manner that he or she
107	97		understands. Communications with the patient shall be effective a nd
108	98		provided in a manner that facilitates understanding by the patient.
109	99		Written information provide d will be appropriate to the age,
110	100		understanding, and, as appropriate, the language of the patient. As
111	101		appropriate, communications specific to the vision -, speech-,
112	102		hearing-, cognitive-, and language-impaired patient will be
113	103		provided. The hospital shall meet the requirements of federal
114	104		regulations that require program and facility accessibility;
115	105		3. To receive as much information about any proposed treatment
116	106		or procedure as he or she may need in order to give informed consent
117	107		or to refuse the course of tre atment. Except in emergencies, this
118	108		shall include a description of the procedure or treatment, the
119	109		medically significant risks involved in the procedure or t reatment,
120	110		alternate courses of treatment or nontreatment and the risks
	111	+	involved in each, and the name of the person who shall carry out the
	112	+	procedure or treatment;
	113	+	4. To have an advance directive attorney for health care
	114	+	concerning treatment or to designa te a surrogate decision -maker with
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122		-	SENATE FLOOR VERSION - HB1600 SFLR Page 3
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	116	+	ENGR. H. B. NO. 1600 Page 3 1
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148		-	involved in each, and the name of the person who shall carry out the
149		-	procedure or treatment;
150		-	4. To have an advance directive attorney for health care
151		-	concerning treatment or to designate a surrogate decision -maker with
152	141		the expectation that the hospital will honor the intent of that
153	142		directive to the extent allowed by law and hospital policy. The
154	143		health care provider shall advise a patient of his or her rights
155	144		under state law and hospita l policy to make informed medical
156	145		decisions, ask if the patient has an advance directive, and include
157	146		that information in patient records. The patient has the right to
158	147		timely information about hospital policy that may limit its ability
159	148		to implement a legally valid advance directive;
160	149		5. To participate in the development and implementation of his
161	150		or her plan of care and actively participate in decisions regarding
162	151		his or her medical care;
163	152		6. To accept medical care or to refuse treatment, to the extent
164	153		permitted by law, and to be informed of the consequences of such
165	154		refusal;
166	155		7. To become informed of his or her rights as a patient in
167	156		advance of, or when discontinuing, the provision of care. The
168	157		patient may appoint a representative to receive this information
169	158		should he or she so desire;
170	159		8. To have a family member or representative of his or her
171	160		choice notified promptly of his or her admission to the hospital;
	161	+	9. To request that no information regarding his or her
	162	+	admittance, diagnosis, or treatment be releas ed;
	163	+	10. To review the records and obtain a copy of the medical
	164	+	records pertaining to his or her medical care and to have the
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173		-	SENATE FLOOR VERSION - HB1600 SFLR Page 4
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	166	+	ENGR. H. B. NO. 1600 Page 4 1
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199		-	9. To request that no information regarding his or her
200		-	admittance, diagnosis, or treatment be released;
201		-	10. To review the records and obtain a copy of the medical
202		-	records pertaining to his or her medical care and to have the
203	191		information explained or interpreted as necessary, except when
204	192		restricted by law;
205	193		11. To reasonable continuity of care, when appr opriate, and to
206	194		be informed by the doctor and other caregivers of available and
207	195		realistic patient care options when hospital care is no longer
208	196		appropriate;
209	197		12. To confidential treatment of all communications and records
210	198		pertaining to his or her care and s tay at the hospital;
211	199		13. To expect that, within its capability, capacity, and
212	200		policies, the hospital shall make a reasonable response to the
213	201		request of a patient for appropriate and medically directed care and
214	202		services. The hospital shall provide evaluation, service, and a
215	203		referral as indicated by the urgency of the case. When medically
216	204		appropriate and legally permissible, or when a patient has requested
217	205		a transfer, that patient may be transferred to another facility.
218	206		That facility shall have first accepted the patient for transfer.
219	207		The patient shall also have the benefit of the complete information
220	208		and explanation concerning the need for, risks and benefits of, and
221	209		alternatives to such a transfer;
	210	+	14. The patient or patient's representative has the ri ght to
	211	+	participate in the consideration of ethical issues that might arise
	212	+	in the care of the pati ent. The hospital shall have a mechanism for
	213	+	the consideration of ethical issues arising in the care of patients
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223		-	SENATE FLOOR VERSION - HB1600 SFLR Page 5
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	215	+	ENGR. H. B. NO. 1600 Page 5 1
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249		-	14. The patient or patient's representative has the right to
250		-	participate in the consideration of ethical issues that might arise
251		-	in the care of the pat ient. The hospital shall have a mechanism for
252		-	the consideration of ethical issues arising in the care of patients
253	240		and to provide education to caregivers and p atients on ethical
254	241		issues in health care;
255	242		15. To be advised of the hospital's complaint or grievance
256	243		process should the patient wish to communicate a concern regarding
257	244		the quality of care he or she receives. This includes whom to
258	245		contact to file a compla int. The patient shall be provided with a
259	246		written notice of the complaint determination that cont ains the name
260	247		of the hospital's contact person, the steps taken on his or her
261	248		behalf to investigate the complaint, the results of the complaint
262	249		and, when possible, the resolution of the complaint concerning the
263	250		quality of care;
264	251		16. To examine and receive an explanation of his or her bill
265	252		regardless of source of payment;
266	253		17. To remain free from restraints or seclusion in any forms
267	254		that are not medically necess ary or are used as a means of coercion,
268	255		discipline, convenience, or retaliation by staff;
269	256		18. To receive the visitors whom he or she designates,
270	257		including, but not limited to, a spouse, a domestic partner,
271	258		including a same-sex domestic partner, another fa mily member, or a
272	259		friend. The patient has the right to withdraw or deny consent at
	260	+	any time. Visitation shall not be restricted, limited, or otherwise
	261	+	denied on the basis of race, color, national origin, religion, sex,
	262	+	or disability; and
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274		-	SENATE FLOOR VERSION - HB1600 SFLR Page 6
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	264	+	ENGR. H. B. NO. 1600 Page 6 1
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300		-	any time. Visitation shall not be restricted, limited, or otherwise
301		-	denied on the basis of race, color, national origin, religion, sex,
302		-	or disability; and
303	289		19. Through use of the hospital-issued notice of noncoverage,
304	290		Medicare beneficiaries have the right to be informe d in advance of
305	291		procedures or treatment for which Medicare may deny payment, and
306	292		that the beneficiary may be personally responsible for full payment
307	293		if Medicare denies payment.
308	294		B. A patient, guardian of a patient, or legally authorized
309	295		representative of a patient shall have the following
310	296		responsibilities:
311	297		1. To provide accurate and complete information concerning the
312	298		patient's present complaints, past illness es, hospitalizations,
313	299		medications, and other matters relating to his or her health;
314	300		2. To report perceived risks in the patient's care and
315	301		unexpected changes in his or her condition to the responsible health
316	302		care provider;
317	303		3. For the patient's actions sh ould he or she refuse treatment
318	304		or not follow his or her doctor's orders;
319	305		4. To ask questions when the patient does not understand what
320	306		he or she has been told about the patient's care or what he or she
321	307		is expected to do;
322	308		5. To be considerate of the righ ts of other patients and
323	309		hospital personnel;
	310	+	6. To participate in educational and discharge plann ing
	311	+	activities necessary to ensure that he or she has adequate knowledge
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325		-	SENATE FLOOR VERSION - HB1600 SFLR Page 7
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	313	+	ENGR. H. B. NO. 1600 Page 7 1
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351		-	6. To participate in educational and discharge plan ning
352		-	activities necessary to ensure that he or she has adequa te knowledge
353	338		and support services to provide him or her with a safe environment
354	339		upon discharge from the hospital;
355	340		7. To ask the doctor or nurse what to expect regarding pain
356	341		management, to discuss pain relief options with doctors and nurses
357	342		and to help develop a pain management plan, to ask for pain relief
358	343		when pain first begins, to help doctors and n urses assess the
359	344		patient's pain, to tell the doctors and nurses if his or her pain is
360	345		not relieved, and to tell doctors and nurses about any concerns
361	346		about taking pain medication;
362	347		8. For keeping appointments and for notifying the hospital or
363	348		doctor when he or she is unable to do so;
364	349		9. Being respectful of his or her personal property and that of
365	350		other patients in the hospital;
366	351		10. Following hospital procedures; and
367	352		11. Assuring that the financial obligations of his or her care
368	353		is fulfilled as promptly a s possible.
369	354		C. Any minor patient has the following rights when being
370	355		treated in this state:
371	356		1. To be treated with respect in regards to:
372	357		a. each child and adolescent as a unique individual, and
373	358		b. the caretaking role and individual response of the
374	359		parent and legal guardian;
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376		-	SENATE FLOOR VERSION - HB1600 SFLR Page 8
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	361	+	ENGR. H. B. NO. 1600 Page 8 1
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402	386		2. To provisions for normal physical and physiological needs of
403	387		a growing child including nutrition, rest, sleep, warmth, activity,
404	388		and freedom to move and explore. Minors shall have the right to:
405	389		a. appropriate treatment in the leas t restrictive
406	390		setting,
407	391		b. not receive unnecessary or excessive medication,
408	392		c. an individualized tr eatment plan and the right to
409	393		participate in the plan,
410	394		d. a humane treatment environment that provides
411	395		reasonable protection from harm and appropriate
412	396		privacy for personal needs,
413	397		e. separation from adult patients when possible, and
414	398		f. regular communication between the minor patient and
415	399		the patient's family or legal guardian;
416	400		3. To consistent, supportive, and nurturing care which:
417	401		a. meets the emotional and ps ychosocial needs of the
418	402		minor, and
419	403		b. fosters open communication;
420	404		4. To provisions for self -esteem needs which will be met by
421	405		attempts to give the minor:
422	406		a. the reassuring presence of a parent or legal guardian ,
423	407		b. freedom to express feelings or fears wit h appropriate
424	408		reactions,
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	410	+	ENGR. H. B. NO. 1600 Page 9 1
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452	435		c. as much control as possible over both self and
453	436		situation,
454	437		d. opportunities to work through experiences before and
455	438		after they occur, verbally, in play, or in other
456	439		appropriate ways, and
457	440		e. recognition for coping well during diffi cult
458	441		situations;
459	442		5. To provisions for varied and normal stimuli of life which
460	443		contributes to cognitive, social, emotional, and physical
461	444		developmental needs such as play, educational, and social activities
462	445		essential to all children and adolescents;
463	446		6. To information about what to expect prior to, during, and
464	447		following a procedure or experience and support in coping with it;
465	448		7. To participate in decisions with a parent or legal guardian
466	449		affecting his or her own medical treatment; and
467	450		8. To the minimizatio n of stay duration by recognizing
468	451		discharge planning needs.
469	452		D. Notwithstanding subsection C, pare nts or legal guardians
470	453		have the final say in their minor child's medical care as specified
471	454		in Section 2002 of Title 25 of the Oklahoma Statutes , subject to the
472	455		provisions of this title .
473	456		E. All parents and legal guardians of minor patients in this
474	457		state shall have the following responsibilities:
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	459	+	ENGR. H. B. NO. 1600 Page 10 1
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502	484		1. To continue in his or her parenting role to the extent of
503	485		his or her ability; and
504	486		2. To be available to particip ate in decision-making and
505	487		provide staff with knowledge of other parent or family whereabouts.
506	488		SECTION 3. This act shall become effective November 1, 2025.
507		-	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
508		-	April 7, 2025 - DO PASS
	489	+	Passed the House of Representatives the 25th day of March, 2025.
	490	+
	491	+
	492	+
	493	+
	494	+	Presiding Officer of the House
	495	+	of Representatives
	496	+
	497	+
	498	+
	499	+	Passed the Senate the ___ day of __________, 2025.
	500	+
	501	+
	502	+
	503	+
	504	+	Presiding Officer of the Senate