Req. No. 2009 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 2009 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 2009 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 2009 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 2009 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 2009 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 2009 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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