Oklahoma 2025 Regular Session

Oklahoma House Bill HB2262 Compare Versions

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29-SENATE FLOOR VERSION
30-April 14, 2025
28+STATE OF OKLAHOMA
3129
30+1st Session of the 60th Legislature (2025)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 2262 By: Miller, Fugate, Blancett,
34+HOUSE BILL 2262 By: Miller, Fugate, Blancett,
3635 and Hill of the House
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4039 Stanley of the Senate
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44+COMMITTEE SUBSTITUTE
4445
4546 An Act relating to the Alzheimer’s Dementia and Other
4647 Forms of Dementia Special Care Disclosure Act;
4748 amending 63 O.S. 2021, Section 1 -879.2c, which
4849 relates to disclosure of care; imposing certain duty
4950 on referral agencies; broadening applicability of
5051 certain penalties; requ iring certain facilities to
5152 post specified information; updating statutory
5253 language; updating statutory references; an d
5354 providing an effective date .
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5960 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6061 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -879.2c, is
6162 amended to read as follows:
6263 Section 1-879.2c. A. 1. Pursuant to rules promulgated under
6364 the provisions of the Alzheimer ’s Dementia and Other Forms of
6465 Dementia Special Care Disclosure Act, any nursing facility,
6566 residential care facility, assisted living facility, adult day care
6667 center, continuum of care facility, or special car e facility that
67-publicly advertises, i ntentionally markets, or otherwise engages in
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94+publicly advertises, intentionally markets, or otherwise engages in
9595 promotional campaigns for the purpose of communicating tha t said
9696 such facility offers care , memory care, or treatment methods within
9797 the facility that distinguish it as being especially applicable to
9898 or suitable to persons with Alzheimer ’s dementia or other forms of
9999 dementia diagnoses shall disclose the type of care, memory care, or
100100 treatment provided that distinguishes it as being especially
101101 applicable to or suitable for su ch persons.
102102 2. The disclosure shall be made using a form developed by the
103103 State Department of Health and shall be made to:
104104 a. the Department,
105105 b. any representative of a person with Alzheimer ’s
106106 dementia or other form of dementia who is considering
107107 placement within a special care unit, program, or
108108 facility, and
109109 c. the State Long-Term Care Ombudsman.
110110 3. A referral agency, when disclosing docu ments pursuant to
111111 Section 1-866.2 of this title, shall provide any representative of a
112112 person with Alzheimer ’s dementia or other form of dementia who is
113113 considering placement within a special care unit, program, or
114114 facility notice that the representative is en titled to request from
115115 the unit, program, or facility the disclosure form for each facility
116116 the referral agency recommends.
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144143 4. The facility shall submit the disclosure form to the
145144 Department prior to entering into any agreement to provide care or
146145 services.
147146 4. 5. The Department shall examine each disclosure for
148147 completeness and accuracy at the time the disclosure is submitted to
149148 the Department.
150149 5. 6. The Department shall review the most recent disclosure in
151150 the Department’s records during the facility ’s regular inspection to
152151 verify that the disclosure is current and that t he services
153152 described in the disclosure are provided to residents as described
154153 in the disclosure.
155154 B. The information disclosed as required by this section shall
156155 include the following are as:
157156 1. A written description of the special care unit, program, or
158157 facility’s overall philosophy and mission as i t relates to the needs
159158 of residents with Alzheimer ’s dementia or other forms of dementia;
160159 2. The process and criteria for placement in, or tr ansfer or
161160 discharge from, the unit, program, or facility;
162161 3. The process used for assessment, establishment, and
163162 implementation of a resident plan of care, as it relates to
164163 Alzheimer’s dementia and other forms of dementia, including the
165164 method by which the plan evolves, the frequency of assessment, and
166165 how the facility will respond to changes in the condition of the
167166 resident;
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195193 4. Staff-to-resident ratios, staff training and continuing
196194 education that are in addition to all regularly prescribed training
197195 and are commensurate with the need for increased care and
198196 supervision for residents with Alzheimer ’s dementia and or other
199197 forms of dementia;
200198 5. The physical environment and design features appropriate to
201199 support the functioning of cognitively impaired reside nts;
202200 6. The types and frequency of resident activities designed for
203201 residents with Alzheimer ’s dementia or other forms of dementia and
204202 descriptions of those therapeutic activities designed to address
205203 cognitive function and engage residents with varying st ages of
206204 dementia;
207205 7. The involvement of families in care planning and other
208206 aspects of care, and the availabilit y of family support programs;
209207 8. The fees for care and any additional fees; and
210208 9. Any accreditations or certifications issued to the facilit y
211209 related to the care and services provided to residents with
212210 Alzheimer’s dementia or other forms of dementia.
213211 C. The Department, with input from the Alzheimer -Dementia
214212 Disclosure Act Advisory Council, shall develop a standardized
215213 disclosure form. Any ch ange in the information initially submitted
216214 by the facility or other entity shall be reported to the Department
217215 at the time the change is made.
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245242 D. The provisions of this section shall not be construed to
246243 preclude a facility without a special care unit or program from
247244 admitting a person with Alzheimer ’s dementia or other forms of
248245 dementia.
249246 E. The State Commissioner o f Health, with input from the
250247 Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate
251248 rules to effectuate the provisions of the A lzheimer’s Dementia and
252249 Other Forms of Dementia Special Care Disclosure Act.
253250 F. There is hereby created the Alzh eimer-Dementia Disclosure
254251 Act Advisory Council. The Council shall make recommendations to the
255252 State Commissioner of Health regarding the discl osure form and rules
256253 promulgated pursuant to the Alzheimer ’s Dementia and Other Forms of
257254 Dementia Special Care Dis closure Act.
258255 1. The Council shall consist of nine (9) members to be
259256 appointed by the State Commissioner of Health for such terms as he
260257 or she chooses. The members shall be individuals who have knowledge
261258 and expertise in the field of memory care or indiv iduals who are
262259 consumer representatives directly impacted by memory -care services,
263260 provided that neither the members with knowledge and experti se in
264261 the field nor the members who are consumer representatives shall
265262 comprise more than two -thirds (2/3) of the total membership. The
266263 members who are consumer representatives shall be individuals with
267264 immediate family members who have received or are cu rrently
268265 receiving memory-care services in Oklahoma and shall not be
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296292 employees or board members of any facilities or entities subject to
297293 the Alzheimer’s Dementia and Other Forms of Dementia Special Care
298294 Disclosure Act.
299295 2. The members of the Council shall s erve without compensation.
300296 3. The Council shall conduct an organizational meeting at a
301297 date and location to be ch osen by the Commissioner and as frequently
302298 thereafter as necessary to perform the duties imposed upon it. A
303299 majority of the members present s hall constitute a quorum.
304300 4. Staff assistance for the Council shall be provided by the
305301 staff of the State Depart ment of Health.
306302 G. Violation of If a facility described in paragraph 1 of
307303 subsection A of this section, or any individual employed or
308304 contracted by such facility, violates any of the provisions of this
309305 act the Alzheimer’s Dementia and Other Forms of Dement ia Special
310306 Care Disclosure Act or the rules issued pursuant to this act
311307 promulgated pursuant thereto , the facility shall be subject the
312308 offending facility to the notice and enforcement provisions
313309 established for the facility ’s license by the Department.
314310 H. Any facility that offers specialized memory or dementia care
315311 through a specific unit or program shall post the:
316312 1. The disclosure form, inc luding the information required to
317313 be included by this section, on the facility ’s website; and
318314 2. A poster, in a conspicuous location in the special care
319315 unit, program, or facility where care is provided for persons with
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347342 Alzheimer’s dementia or other form s of dementia, stating that if
348343 such persons or their representatives were not given a copy of the
349344 disclosure form, they may file a complaint with the Consumer
350345 Protection Unit of the Office of the Attorney General .
351346 I. The Department shall establish a websi te with a list of
352347 those facilities that have filed a disclosure form pursuant to this
353348 act the Alzheimer’s Dementia and Other Forms of Dementia Special
354349 Care Disclosure Act. The website shall contain a link to the
355350 submitted disclosure form and a table conta ining items from the
356351 disclosure form, including staffing ratios, staff training, special
357352 programming and activities, and accreditations or certifications.
358353 SECTION 2. This act shall become effective November 1, 2025.
359-COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
360-April 14, 2025 - DO PASS AS AMENDED BY CS
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355+60-1-2009 DC 4/14/2025 5:02:46 PM