Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2262 Comm Sub / Bill

Filed 03/05/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2262 	By: Miller 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to Alzheimer 's Dementia and Other 
Forms of Dementia Special Care Disclosure Act; 
amending 63 O.S. 2021, Section 1 -879.2c, which 
relates to disclosure of care, Alzheimer -Dementia 
Disclosure Act Advisory Council, and website listing 
disclosing facilities; including failure to provide 
provision; providing for citation for certain 
discrepancies; and providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 1 -879.2c, is 
amended to read as follows: 
Section 1-879.2c.  A.  1.  Pursuant to rules promulgated under 
the provisions of the Alzheimer 's Dementia and Other Forms of 
Dementia Special Care Disclosure Act, any nursing facility, 
residential care facility, assisted living facility, adult day care 
center, continuum of care facility, or special care facility that 
publicly advertises, intentionally markets, or otherwise engages in 
promotional campaigns for the purpose of communicating that said 
facility offers care , memory care, or treatment methods within the   
 
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facility that distinguish it as being especially applicable to or 
suitable to persons with Alzheimer 's dementia or other forms of 
dementia diagnoses shall disclose the type of care, memory care or 
treatment provided that distinguishes it as being especially 
applicable to or suitable for such persons. 
2.  The disclosure shall be made using a form developed by the 
State Department of Health and shall be made to: 
a. the Department, 
b. any representative of a person with Alzheimer 's 
dementia or other form of dementia who is considering 
placement within a special care unit, program, or 
facility, and 
c. the State Long-Term Care Ombudsman. 
3.  A referral agency, when disclosing documents pursuant to 
Section 1-866.2 of this title shall provide any representative of a 
person with Alzheimer's dementia or other form of dementia who is 
considering placement within a unit, program, or facility the form 
for each facility the referral agency recommends. 
4. The facility shall submit the disclosure form to the 
Department prior to entering into any agreement to provide care or 
services. 
4. 5.  The Department shall examine each disclosure for 
completeness and accuracy at the time the disclosure is submitted to 
the Department.   
 
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5. 6.  The Department shall review the most recent disclosure in 
the Department's records during the facility's regular inspection to 
verify that the disclosure is current and that the services 
described in the disclosure are provided to residents as described 
in the disclosure. 
7.  The facility shall conspicuously post or display in the 
facility or designated area that is providing care for persons with 
Alzheimer's dementia or other forms of dementia a complaint poster 
that if they were not given a copy of the disclosure form that they 
may file a complaint with the Attorney General 's Consumer Protection 
Unit. 
B.  The information disclosed as required by this section shall 
include the following areas: 
1.  A written description of the special care unit, program, or 
facility's overall philosophy and mission as it relates to the needs 
of residents with Alzheimer's dementia or other forms of dementia; 
2.  The process and criteria for placement in, or transfer or 
discharge from, the unit, program, or facility; 
3.  The process used for assessment, establishment, and 
implementation of a resident plan of care, as it relates to 
Alzheimer's dementia and other forms of dementia, including the 
method by which the plan evolves, the frequency of assessment, and 
how the facility will respond to changes in the condition of the 
resident;   
 
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4.  Staff-to-resident ratios, staff training and continuing 
education that are in addition to all regularly prescribed training 
and are commensurate with the need for increased care and 
supervision for residents with Alzheimer 's dementia and other forms 
of dementia; 
5.  The physical environment and design features appropriate to 
support the functioning of cognitively impaired residents; 
6.  The types and frequency of resident activities designed for 
residents with Alzheimer 's dementia or other forms of dementia and 
descriptions of those therapeutic activities designed to address 
cognitive function and engage residents with varying stages of 
dementia; 
7.  The involvement of families in care planning and other 
aspects of care, and the availability of family support programs; 
8.  The fees for care and any additional fees; and 
9.  Any accreditations or certifications issued to the facility 
related to the care and services provided to residents with 
Alzheimer's dementia or other forms of dementia. 
C.  Any individual employed or contracted by a registered long -
term care facility who publicly advertises, intentionally markets, 
or otherwise engages in promotional campaigns for the purpose of 
communicating that said facility offers memory care, Alzheimer's 
care, or dementia care if said facilit y does not meet the criteria 
of a memory care, Alzheimer's care, or dementia care facility shall   
 
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be subject to penalties as outlined in section H of the Alzheimer's 
Dementia and Other Forms of Dementia Special Care 
Disclosure Act. 
D. The Department, with input from the Alzheimer -Dementia 
Disclosure Act Advisory Council, shall develop a standardized 
disclosure form.  Any change in the information initially submitted 
by the facility or other entity shall be reported to the Department 
at the time the change i s made. 
D. E.  The provisions of this section shall not be construed to 
preclude a facility without a special care unit or program from 
admitting a person with Alzheimer 's dementia or other forms of 
dementia. 
E. F.  The State Commissioner of Health, with i nput from the 
Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate 
rules to effectuate the provisions of the Alzheimer 's Dementia and 
Other Forms of Dementia Special Care Disclosure Act. 
F. G.  There is hereby created the Alzheimer -Dementia Disclosure 
Act Advisory Council.  The Council shall make recommendations to the 
State Commissioner of Health regarding the disclosure form and rules 
promulgated pursuant to the Alzheimer 's Dementia and Other Forms of 
Dementia Special Care Disclosure Act. 
1.  The Council shall consist of nine (9) members to be 
appointed by the State Commissioner of Health for such terms as he 
or she chooses.  The members shall be individuals who have knowledge   
 
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and expertise in the field of memory care or individuals who are 
consumer representatives directly impacted by memory -care services, 
provided that neither the members with knowledge and expertise in 
the field nor the members who are consumer representatives shall 
comprise more than two -thirds (2/3) of the total members hip.  The 
members who are consumer representatives shall be individuals with 
immediate family members who have received or are currently 
receiving memory-care services in Oklahoma and shall not be 
employees or board members of any facilities or entities su bject to 
the Alzheimer's Dementia and Other Forms of Dementia Special Care 
Disclosure Act. 
2.  The members of the Council shall serve without compensation. 
3.  The Council shall conduct an organizational meeting at a 
date and location to be chosen by the C ommissioner and as frequently 
thereafter as necessary to perform the duties imposed upon it.  A 
majority of the members present shall constitute a quorum. 
4.  Staff assistance for the Council shall be provided by the 
staff of the State Department of Health . 
G. H.  Violation of any of the provisions of this act or the 
rules issued pursuant to this act shall subject the offending 
facility to the notice and enforcement provisions established for 
the facility's license by the Department. 
H. I.  Any facility that offers specialized memory or dementia 
care through a specific unit or program shall post the disclosure   
 
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form, including the information required to be included by this 
section, on the facility 's website. 
I. J.  The Department shall establish a website wi th a list of 
those facilities that have filed a disclosure form pursuant to this 
act.  The website shall contain a link to the submitted disclosure 
form and a table containing items from the disclosure form, 
including staffing ratios, staff training, speci al programming and 
activities, and accreditations or certifications. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-13184 TJ 03/05/25