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Oklahoma Legislature· HB 1472Policy recommendation to the Health and Human Services Oversight committee; Do Pass Public Health

An act relating to health, the official text

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1                    STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1472               By: Blancett

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5

6                               AS INTRODUCED

7   An Act relating to health; amending 63 O.S. 2021,

    Section 1-879.2c, which relates to the Alzheimer's

8   Dementia and Other Forms of Dementia Special Care

    Disclosure Act; adding type of care; providing that

9   certain individuals may be held liable for penalties

    and charged with a misdemeanor; and providing an

10  effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  63 O.S. 2021, Section 1-879.2c, is

15 amended to read as follows:

16  Section 1-879.2c. A. 1. Pursuant to rules promulgated under

17 the provisions of the Alzheimer's Dementia and Other Forms of

18 Dementia Special Care Disclosure Act, any nursing facility,

19 residential care facility, assisted living facility, adult day care

20 center, continuum of care facility, or special care facility that

21 publicly advertises, intentionally markets, or otherwise engages in

22 promotional campaigns for the purpose of communicating that said

23 facility offers care, memory care, or treatment methods within the

24 facility that distinguish it as being especially applicable to or

    Req. No. 10255                                                Page 1
1 especially suitable to for persons with Alzheimer's dementia or

2 other forms of dementia diagnoses shall disclose the type of care,

3 memory care, or treatment provided that distinguishes it as being

4 especially applicable to or suitable for such persons.

5   2. The disclosure shall be made using a form developed by the

6 State Department of Health and shall be made to:

7   a. the Department,

8   b. any representative of a person with Alzheimer's

9             dementia or other form of dementia who is considering

10            placement within a special care unit, program, or

11            facility, and

12  c. the State Long-Term Care Ombudsman.

13  3. The facility shall submit the disclosure form to the

14 Department prior to entering into any agreement to provide care or

15 services.

16  4. The Department shall examine each disclosure for

17 completeness and accuracy at the time the disclosure is submitted to

18 the Department.

19  5. The Department shall review the most recent disclosure in

20 the Department's records during the facility's regular inspection to

21 verify that the disclosure is current and that the services

22 described in the disclosure are provided to residents as described

23 in the disclosure.

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    Req. No. 10255                                               Page 2
1   B. The information disclosed as required by this section shall

2 include the following areas:

3   1. A written description of the special care unit, program, or

4 facility's overall philosophy and mission as it relates to the needs

5 of residents with Alzheimer's dementia or other forms of dementia;

6   2. The process and criteria for placement in, or transfer or

7 discharge from, the unit, program, or facility;

8   3. The process used for assessment, establishment, and

9 implementation of a resident plan of care, as it relates to

10 Alzheimer's dementia and other forms of dementia, including the

11 method by which the plan evolves, the frequency of assessment, and

12 how the facility will respond to changes in the condition of the

13 resident;

14  4. Staff-to-resident ratios, staff training and continuing

15 education that are in addition to all regularly prescribed training

16 and are commensurate with the need for increased care and

17 supervision for residents with Alzheimer's dementia and other forms

18 of dementia;

19  5. The physical environment and design features appropriate to

20 support the functioning of cognitively impaired residents;

21  6. The types and frequency of resident activities designed for

22 residents with Alzheimer's dementia or other forms of dementia and

23 descriptions of those therapeutic activities designed to address

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    Req. No. 10255                                                  Page 3
1 cognitive function and engage residents with varying stages of

2 dementia;

3   7. The involvement of families in care planning and other

4 aspects of care, and the availability of family support programs;

5   8. The fees for care and any additional fees; and

6   9. Any accreditations or certifications issued to the facility

7 related to the care and services provided to residents with

8 Alzheimer's dementia or other forms of dementia.

9   C. Any individual employed or contracted by a registered long-

10 term care facility who publicly advertises, intentionally markets,

11 or otherwise engages in promotional campaigns for the purpose of

12 communicating that said facility offers memory care, Alzheimer's

13 care, or dementia care if said facility does not meet the criteria

14 of a memory care, Alzheimer's care, or dementia care facility may be

15 liable for civil penalties, as determined by the State Commissioner

16 of Health, and charged with a misdemeanor.

17  D. The Department, with input from the Alzheimer-Dementia

18 Disclosure Act Advisory Council, shall develop a standardized

19 disclosure form. Any change in the information initially submitted

20 by the facility or other entity shall be reported to the Department

21 at the time the change is made.

22  D. E. The provisions of this section shall not be construed to

23 preclude a facility without a special care unit or program from

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    Req. No. 10255                                                  Page 4
1 admitting a person with Alzheimer's dementia or other forms of

2 dementia.

3   E. F. The State Commissioner of Health, with input from the

4 Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate

5 rules to effectuate the provisions of the Alzheimer's Dementia and

6 Other Forms of Dementia Special Care Disclosure Act.

7   F. G. There is hereby created the Alzheimer-Dementia Disclosure

8 Act Advisory Council. The Council shall make recommendations to the

9 State Commissioner of Health regarding the disclosure form and rules

10 promulgated pursuant to the Alzheimer's Dementia and Other Forms of

11 Dementia Special Care Disclosure Act.

12  1. The Council shall consist of nine (9) members to be

13 appointed by the State Commissioner of Health for such terms as he

14 or she chooses. The members shall be individuals who have knowledge

15 and expertise in the field of memory care or individuals who are

16 consumer representatives directly impacted by memory-care services,

17 provided that neither the members with knowledge and expertise in

18 the field nor the members who are consumer representatives shall

19 comprise more than two-thirds (2/3) of the total membership. The

20 members who are consumer representatives shall be individuals with

21 immediate family members who have received or are currently

22 receiving memory-care services in Oklahoma and shall not be

23 employees or board members of any facilities or entities subject to

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    Req. No. 10255                                                Page 5
1 the Alzheimer's Dementia and Other Forms of Dementia Special Care

2 Disclosure Act.

3   2. The members of the Council shall serve without compensation.

4   3. The Council shall conduct an organizational meeting at a

5 date and location to be chosen by the Commissioner and as frequently

6 thereafter as necessary to perform the duties imposed upon it. A

7 majority of the members present shall constitute a quorum.

8   4. Staff assistance for the Council shall be provided by the

9 staff of the State Department of Health.

10  G. H. Violation of any of the provisions of this act the

11 Alzheimer's Dementia and Other Forms of Dementia Special Care

12 Disclosure Act or the rules issued pursuant to this act shall

13 subject the offending facility to the notice and enforcement

14 provisions established for the facility's license by the Department.

15  H. I. Any facility that offers specialized memory or dementia

16 care through a specific unit or program shall post the disclosure

17 form, including the information required to be included by this

18 section, on the facility's website.

19  I. J. The Department shall establish a website with a list of

20 those facilities that have filed a disclosure form pursuant to this

21 act the Alzheimer's Dementia and Other Forms of Dementia Special

22 Care Disclosure Act. The website shall contain a link to the

23 submitted disclosure form and a table containing items from the

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    Req. No. 10255                                                  Page 6
1 disclosure form, including staffing ratios, staff training, special

2 programming and activities, and accreditations or certifications.

3   SECTION 2. This act shall become effective November 1, 2025.

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5   60-1-10255      TJ  01/03/25

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