Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2262 Comm Sub / Bill

Filed 04/14/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL 2262 	By: Miller, Fugate, Blancett, 
and Hill of the House 
 
  and 
 
  Stanley of the Senate 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to the 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; imposing certain duty 
on referral agencies; broadening applicability of 
certain penalties; requ iring certain facilities to 
post specified information; updating statutory 
language; updating statutory references; an d 
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 car e facility that   
 
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publicly advertises, intentionally markets, or otherwise engages in 
promotional campaigns for the purpose of communicating tha t said 
such facility offers care , memory care, or treatment methods within 
the 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 su ch 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 docu ments 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 special care unit, program, or 
facility notice that the representative is en titled to request from 
the unit, program, or facility the disclosure form for each facility 
the referral agency recommends.   
 
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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. 
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 t he services 
described in the disclosure are provided to residents as described 
in the disclosure. 
B.  The information disclosed as required by this section shall 
include the following are as: 
1.  A written description of the special care unit, program, or 
facility’s overall philosophy and mission as i t relates to the needs 
of residents with Alzheimer ’s dementia or other forms of dementia; 
2.  The process and criteria for placement in, or tr ansfer 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 or other 
forms of dementia; 
5.  The physical environment and design features appropriate to 
support the functioning of cognitively impaired reside nts; 
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 st ages of 
dementia; 
7.  The involvement of families in care planning and other 
aspects of care, and the availabilit y of family support programs; 
8.  The fees for care and any additional fees; and 
9.  Any accreditations or certifications issued to the facilit y 
related to the care and services provided to residents with 
Alzheimer’s dementia or other forms of dementia. 
C.  The Department, with input from the Alzheimer -Dementia 
Disclosure Act Advisory Council, shall develop a standardized 
disclosure form.  Any ch ange in the information initially submitted 
by the facility or other entity shall be reported to the Department 
at the time the change is made.   
 
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D.  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.  The State Commissioner o f Health, with input from the 
Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate 
rules to effectuate the provisions of the A lzheimer’s Dementia and 
Other Forms of Dementia Special Care Disclosure Act. 
F.  There is hereby created the Alzh eimer-Dementia Disclosure 
Act Advisory Council.  The Council shall make recommendations to the 
State Commissioner of Health regarding the discl osure form and rules 
promulgated pursuant to the Alzheimer ’s Dementia and Other Forms of 
Dementia Special Care Dis closure 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 
and expertise in the field of memory care or indiv iduals who are 
consumer representatives directly impacted by memory -care services, 
provided that neither the members with knowledge and experti se in 
the field nor the members who are consumer representatives shall 
comprise more than two -thirds (2/3) of the total membership.  The 
members who are consumer representatives shall be individuals with 
immediate family members who have received or are cu rrently 
receiving memory-care services in Oklahoma and shall not be   
 
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employees or board members of any facilities or entities subject to 
the Alzheimer’s Dementia and Other Forms of Dementia Special Care 
Disclosure Act. 
2.  The members of the Council shall s erve without compensation. 
3.  The Council shall conduct an organizational meeting at a 
date and location to be ch osen by the Commissioner and as frequently 
thereafter as necessary to perform the duties imposed upon it.  A 
majority of the members present s hall constitute a quorum. 
4.  Staff assistance for the Council shall be provided by the 
staff of the State Depart ment of Health. 
G.  Violation of If a facility described in paragraph 1 of 
subsection A of this section, or any individual employed or 
contracted by such facility, violates any of the provisions of this 
act the Alzheimer’s Dementia and Other Forms of Dement ia Special 
Care Disclosure Act or the rules issued pursuant to this act 
promulgated pursuant thereto , the facility shall be subject the 
offending facility to the notice and enforcement provisions 
established for the facility ’s license by the Department. 
H.  Any facility that offers specialized memory or dementia care 
through a specific unit or program shall post the: 
1.  The disclosure form, inc luding the information required to 
be included by this section, on the facility ’s website; and 
2.  A poster, in a conspicuous location in the special care 
unit, program, or facility where care is provided for persons with   
 
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Alzheimer’s dementia or other form s of dementia, stating that if 
such persons or their representatives were not given a copy of the 
disclosure form, they may file a complaint with the Consumer 
Protection Unit of the Office of the Attorney General . 
I.  The Department shall establish a websi te with a list of 
those facilities that have filed a disclosure form pursuant to this 
act the Alzheimer’s Dementia and Other Forms of Dementia Special 
Care Disclosure Act.  The website shall contain a link to the 
submitted disclosure form and a table conta ining items from the 
disclosure form, including staffing ratios, staff training, special 
programming and activities, and accreditations or certifications. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-2009 DC 4/14/2025 5:02:46 PM