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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1674 By: Cantrell
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38	38	AS INTRODUCED
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40	40	An Act relating to nursing homes; amending 63 O.S.
41	41	2021, Section 1-1902, as amended by Section 8,
42	42	Chapter 339, O.S.L. 2024 (63 O.S. Sup p. 2024, Section
43	43	1-1902), which relates to the Nursing Homes Care Act;
44	44	adding a definition; and providing an effective date .
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 63 O.S. 2021, Sec tion 1-1902, as
52	52	amended by Section 8, Chapter 339, O.S.L. 2024 (63 O.S. Supp. 2024,
53	53	Section 1-1902), is amended to read as follows:
54	54	Section 1-1902. As used in the Nursing Home Care Act:
55	55	1. "Abuse" means the willful infliction of injury, unreasonable
56	56	confinement, intimidation, or punishment, with resulting physical
57	57	harm, impairment, or mental anguish;
58	58	2. "Access" means the right of a person to enter a facility to
59	59	communicate privately and without unreasonable restriction when
60	60	invited to do so by a residen t. A representative of the Office of
61	61	the State Long-Term Care Ombudsman and a case manager employed by
62	62	the Department of Mental Health and Substance Abuse Services or one
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89	89	of its contract agencies shall have right of access to enter a
90	90	facility, communicate privately and without unreasonable restriction
91	91	with any resident who consents to the communication, to seek consent
92	92	to communicate privately and without restriction with any resident,
93	93	and to observe all areas of the facility that directly pertain to
94	94	the patient care of the resident without infringing upon the privacy
95	95	of the other residents without first obtaining their consent;
96	96	3. "Administrator" means the person licensed by the State of
97	97	Oklahoma who is in charge of a facility. An administrator must
98	98	devote at least one-third (1/3) of such person 's working time to on -
99	99	the-job supervision of the facility; provided, that this requirement
100	100	shall not apply to an administrator of an intermediate care facility
101	101	for individuals with intellectual disabilities with si xteen or fewer
102	102	beds (ICF/IID-16), in which case the person licensed by the sta te
103	103	may be in charge of more than one such ICF/IID -16 facility, if such
104	104	facilities are located within a circle that has a radius of not more
105	105	than fifteen (15) miles, the total num ber of facilities and beds
106	106	does not exceed six facilities and sixty -four beds, and each such
107	107	ICF/IID-16 facility is supervised by a qualified professional. The
108	108	facilities may be free -standing in a community or may be on campus
109	109	with a parent institution. The ICF/IID-16 facility may be
110	110	independently owned and operated or may be part of a larger
111	111	institutional operation;
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138	138	4. "Advisory Board" means the Long-Term Care Facility Advisory
139	139	Board;
140	140	5. "Adult companion home " means any home or establishment,
141	141	funded and certified by the Department of Human Services, which
142	142	provides homelike residential accommodations and supportive
143	143	assistance to three or fewer adults with intellectual or
144	144	developmental disabilities;
145	145	6. "Board" means the State Board of Health;
146	146	7. "Commissioner" means the State Commissioner of Health;
147	147	8. "Department" means the State Department of Health;
148	148	9. "Facility" means a nursing facility and a specialized home;
149	149	provided, this term shall not include a residential care home or an
150	150	adult companion home;
151	151	10. "Nursing facility" means a home, an establishment, or an
152	152	institution, a distinct part of which is primarily engaged in
153	153	providing:
154	154	a. skilled nursing care and related services for
155	155	residents who require medical or nursing care,
156	156	b. rehabilitation servic es for the rehabilitation of
157	157	injured, disabled, or sick persons, or
158	158	c. on a regular basis, health-related care and services
159	159	to individuals who because of their mental or physical
160	160	condition require care and services beyond the level
161	161	of care provided by a re sidential care home and which
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188	188	can be made available to them only through a nursing
189	189	facility.
190	190	Nursing facility does not mean, for purposes of Section 1 -851.1 of
191	191	this title, a facility constructed or operated by an entity
192	192	described in paragraph 7 of subsecti on B of Section 6201 of Title 74
193	193	of the Oklahoma Statutes or the nursing care component of a
194	194	continuum of care facility, as such term is defined under the
195	195	Continuum of Care and Assisted Living Act, to the extent that the
196	196	facility constructed or operated by an entity described in paragraph
197	197	7 of subsection B of Section 6201 of Title 74 of the Oklahoma
198	198	Statutes contains such a nursing care component;
199	199	11. "Specialized facility " means any home, establishment, or
200	200	institution which offers or provides inpatient lo ng-term care
201	201	services on a twenty -four-hour basis to a limited category of
202	202	persons requiring such services, including but not limited to a
203	203	facility providing health or habilitation services for individuals
204	204	with intellectual or developmental disabilities, b ut does not mean,
205	205	for purposes of Section 1 -851.1 of this title, a facility
206	206	constructed or operated by an entity described in paragraph 7 of
207	207	subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
208	208	the nursing care component of a continuum of c are facility, as such
209	209	term is defined under the Continuum of Care and Assisted Living Act,
210	210	to the extent that the facility constructed or operated by an entity
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237	237	described in paragraph 7 of subsection B of Section 6201 of Title 74
238	238	of the Oklahoma Statutes co ntains such a nursing care component;
239	239	12. "Residential care home " means any home, establishment, or
240	240	institution licensed pursuant to the provisions of the Residential
241	241	Care Act other than a hotel, motel, fraternity or sorority house, or
242	242	college or university dormitory, which offers or provides
243	243	residential accommodations, food servic e, and supportive assistance
244	244	to any of its residents or houses any resident requiring supportive
245	245	assistance. The residents shall be persons who are ambulatory and
246	246	essentially capable of managing their own affairs, but who do not
247	247	routinely require nursing care; provided, the term residential care
248	248	home shall not mean a hotel, motel, fraternity or sorority house, or
249	249	college or university dormitory, if the facility operates in a
250	250	manner customary to its description and does not house any person
251	251	who requires supportive assistance from the facility in order to
252	252	meet an adequate level of daily living;
253	253	13. "Licensee" means the person, a corporation, partnership, or
254	254	association who is the o wner of the facility which is licensed by
255	255	the Department pursuant to the provisions of the Nursing Home Care
256	256	Act;
257	257	14. "Maintenance" means meals, shelter, and laundry services;
258	258	15. "Medication preparation " means any licensed nurse,
259	259	performing duties withi n the scope of their licensure as established
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286	286	by the Oklahoma Board of Nursing , may prepare medications for
287	287	administration including the reconstitution of said medications;
288	288	16. "Neglect" means failure to provide goods and/or services
289	289	necessary to avoid ph ysical harm, mental anguish, or mental illness;
290	290	16. 17. "Owner" means a person, corporation, partnership,
291	291	association, or other entity which owns a facility or leases a
292	292	facility. The person or entity that stands to profit or lose as a
293	293	result of the financial success or failure of the operation shall be
294	294	presumed to be the owner of the facility. Notwithstanding the
295	295	foregoing, any nonstate governmental entity that has acquired and
296	296	owns or leases a facility and that has entered into an agreement
297	297	with the Oklahoma Health Care Authority to participate in the
298	298	nursing facility supplemental payment program (UPL Owner) shall be
299	299	deemed the owner of such facility and shall be authorized to obtain
300	300	management services from a management services provider (UPL
301	301	Manager), and to delegate, allocate, and assign as between the UPL
302	302	Owner and UPL Manager , compensation, profits, losses, liabilities,
303	303	decision-making authority, and responsibilities, including
304	304	responsibility for the employment, direction, supervision, and
305	305	control of the facility's administrator and staff;
306	306	17. 18. "Personal care" means assistance with meals, dressing,
307	307	movement, bathing or other personal needs or maintenance, or general
308	308	supervision of the physical and mental well -being of a person, who
309	309	is incapable of maintaining a private, independent residence, or who
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336	336	is incapable of managing his or her person, whether or not a
337	337	guardian has been appointed for such person;
338	338	18. 19. "Resident" means a person residing in a facility due to
339	339	illness, physical or mental inf irmity, or advanced age;
340	340	19. 20. "Representative of a resident " means a court-appointed
341	341	guardian or, if there is no court -appointed guardian, the parent of
342	342	a minor, a relative, or other person, designated in writing by the
343	343	resident; provided, that any own er, operator, administrator, or
344	344	employee of a facility subject to the provisio ns of the Nursing Home
345	345	Care Act, the Residential Care Act, or the Group Homes for Persons
346	346	with Developmental or Physical Disabilities Act shall not be
347	347	appointed guardian or limit ed guardian of a resident of the facility
348	348	unless the owner, operator, administrator, or employee is the spouse
349	349	of the resident, or a relative of the resident within the second
350	350	degree of consanguinity and is otherwise eligible for appointment;
351	351	and
352	352	20. 21. "Supportive assistance " means the service rendered to
353	353	any person which is less than the service provided by a nursing
354	354	facility but which is sufficient to enable the person to meet an
355	355	adequate level of daily living. Supportive assistance includes but
356	356	is not limited to housekeeping, assistance in the preparation of
357	357	meals, assistance in the safe storage, distribution, and
358	358	administration of medications, and assistance in personal care as is
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385	385	necessary for the health and comfort of such person. Supportive
386	386	assistance shall not include medical service.
387	387	SECTION 2. This act shall become effective November 1, 2025.
388	388
389	389	60-1-10525 TJ 01/16/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1674 Compare Versions