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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1562 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to hospice; amending 63 O.S. 2021,
7 Section 1-860.4, which relates to requirements and
8 conditions for hospices; updating statutory language;
8 specifying certain penalties; defining term; updating
9 statutory references; and providing an effective
9 date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-860.4, is
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14 amended to read as follows:
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15 Section 1-860.4. A. A hospice shall comply with the following:
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16 1. A hospice shall coordinate its services with those of the
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17 patient's primary or attending physician;
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18 2. A hospice shall coordinate its services with professional
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19 and nonprofessional services already in the community. A hospice
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20 may contract for some elements of its services to a patient and
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21 family, provided direct patient care is maintained with the patient
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22 and the hospice team so that overall coordination of services can be
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23 maintained by the hospice team. The majority of hospice services
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24 available through a hospice shall be provided directly by the
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Req. No. 2455 Page 1
1 licensee. Any contract entered into between a hospice and health
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2 care provider shall specify that the hospice retain the
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3 responsibility for planning, coordinating and prescribing hospice
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4 services on behalf of a hospice patient and the hospice patient's
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5 family. No hospice may charge fees for services provided directly
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6 by the hospice team which duplicate contractual services provided to
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7 the patient or the patient's family;
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8 3. The hospice team shall be responsible for coordination and
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9 continuity between inpatient and home care aspects of care;
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10 4. A hospice shall not contract with a health care provider or
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11 another hospice that has or has been given a conditional license
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12 within the last eighteen (18) months;
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13 5. Hospice services shall provide a symptom control process, to
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14 be provided by a hospice team skilled in physical and psychosocial
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15 management of distressing signs and symptoms;
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16 6. Hospice care shall be available twenty-four (24) hours a
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17 day, seven (7) days a week;
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18 7. A hospice shall have a bereavement program which shall
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19 provide a continuum of supportive and therapeutic services for the
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20 family;
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21 8. The unit of care in a hospice program shall be composed of
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22 the patient and family;
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Req. No. 2455 Page 2
1 9. A hospice program shall provide a continuum of care and a
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2 continuity of care providers throughout the length of care for the
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3 patient and to the family through the bereavement period;
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4 10. A hospice program shall not impose the dictates of any
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5 value or belief system on its patients and their families;
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6 11. a. Admission to a hospice shall be upon the order of a
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7 physician licensed pursuant to the laws of this state
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8 and shall be dependent on the expressed request and
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9 informed consent of the patient and family.
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10 b. The hospice program shall have admission criteria and
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11 procedures that reflect:
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12 (1) the patient and family's desire and need for
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13 service,
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14 (2) the participation of the attending physician, and
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15 (3) the diagnosis and prognosis of the patient.
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16 c. (1) Any hospice or employee, contractor, or agent
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17 thereof of a hospice who knowingly or
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18 intentionally solicits patients or pays to or
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19 offers a benefit to any person, firm,
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20 association, partnership, corporation or other
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21 legal entity for securing or soliciting patients
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22 for the hospice or hospice services in this state
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23 shall, upon conviction thereof, shall, be guilty
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24 of a misdemeanor and shall be punished punishable
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Req. No. 2455 Page 3
1 by a fine of not less than Five Hundred Dollars
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2 ($500.00) and not more than Two Thousand Dollars
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3 ($2,000.00).
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4 (2) In addition to any other penalties or remedies
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5 provided by law:
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6 (a) a violation of this section subparagraph by
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7 a hospice or employee, contractor, or agent
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8 thereof of a hospice shall be grounds for
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9 disciplinary action by the State Department
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10 of Health including, but not limited to,
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11 assessment of administrative fines as
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12 provided by Section 1-860.9a of this title,
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13 and
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14 (b) the State Department of Health may institute
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15 an action to enjoin violation or potential
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16 violation of this section. The action for
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17 an injunction shall be in addition to any
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18 other action, proceeding or remedy
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19 authorized by law.
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20 (3) As used in this subparagraph, "solicit" includes,
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21 but is not limited to, the act of a hospice or
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22 its employee, contractor, or agent initiating
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23 contact with one or more patients residing in a
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24 facility licensed by the State Department of
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Req. No. 2455 Page 4
1 Health for the purpose of recruiting such
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2 patients after such patients are already enrolled
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3 in another hospice program.
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4 (4) This subparagraph shall not be construed to
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5 prohibit:
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6 (a) advertising, except that advertising which:
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7 (i) is false, misleading or deceptive,
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8 (ii) advertises professional superiority or
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9 the performance of a professional
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10 service in a superior manner, and
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11 (iii) is not readily subject to verification,
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12 and
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13 (b) remuneration for advertising, marketing or
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14 other services that are provided for the
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15 purpose of securing or soliciting patients,
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16 provided the remuneration is:
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17 (i) set in advance,
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18 (ii) consistent with the fair market value
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19 of the services, and
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20 (iii) not based on the volume or value of any
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21 patient referrals or business otherwise
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22 generated between the parties, and
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23 (c) any payment, business arrangements or
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24 payments practice not prohibited by 42
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Req. No. 2455 Page 5
1 U.S.C., Section 1320a-7b(b), or any
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2 regulations promulgated pursuant thereto.
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3 (4) (5) This paragraph subparagraph shall not apply to
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4 licensed insurers, including but not limited to
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5 group hospital service corporations or health
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6 maintenance organizations which reimburse,
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7 provide, offer to provide or administer hospice
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8 services under a health benefits plan for which
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9 it is the payor when it is providing those
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10 services under a health benefits plan;
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11 12. A hospice program shall develop and maintain a quality
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12 assurance program that includes:
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13 a. evaluation of services,
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14 b. regular chart audits, and
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15 c. organizational review; and
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16 13. A hospice program shall be managed by an administrator
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17 meeting the requirements as set forth in Section 1-862 of this
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18 title.
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19 B. A hospice team shall consist of, as a minimum, a physician,
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20 a registered nurse, and a social worker or counselor, each of whom
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21 shall be licensed as required by the laws of this state. The team
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22 may also include clergy and such volunteers as are necessary to
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23 provide hospice services. A registered nurse licensed pursuant to
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24 the laws of this state shall be employed by the hospice as a patient
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1 care coordinator to supervise and coordinate the palliative and
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2 supportive care for patients and families provided by a hospice
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3 team. Nothing in this section shall be construed as to require a
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4 hospice to employ a certified home health aide in the provision of
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5 hospice services so long as the hospice employs a certified nurse
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6 aide.
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7 C. 1. An up-to-date record of the services given to the
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8 patient and family shall be kept by the hospice team. Records shall
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9 contain pertinent past and current medical, nursing, social, and
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10 such other information that is necessary for the safe and adequate
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11 care of the patient and the family. Notations regarding all aspects
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12 of care for the patient and family shall be made in the record.
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13 When services are terminated, the record shall show the date and
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14 reason for termination.
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15 2. Information received by persons employed by or providing
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16 services to a hospice, or information received by the State
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17 Department of Health through reports or inspection shall be deemed
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18 privileged and confidential information and shall not be disclosed
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19 to any person other than the patient or the family without the
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20 written consent of that patient, the patient's guardian or the
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21 patient's family.
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22 D. 1. A hospice program shall have a clearly defined and
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23 organized governing body, which has autonomous authority for the
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24 conduct of the hospice program.
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Req. No. 2455 Page 7
1 2. The hospice program shall have an administrator who shall be
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2 responsible for the overall coordination and administration of the
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3 hospice program.
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4 SECTION 2. This act shall become effective November 1, 2026.
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6 60-2-2455 DC 1/12/2026 7:04:45 PM
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Req. No. 2455 Page 8Every fact on this page links to its source, starting with the official bill record.