1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3760 By: Cantrell
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6 AS INTRODUCED
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7 An Act relating to public health and safety; amending
7 63 O.S. 2021, Section 1-1902, which relates to the
8 Nursing Home Care Act; adding a definition; and
8 providing an effective 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 1-1902, is
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14 amended to read as follows:
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15 As used in the Nursing Home Care Act:
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16 1. "Abuse" means the willful infliction of injury, unreasonable
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17 confinement, intimidation or punishment, with resulting physical
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18 harm, impairment or mental anguish;
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19 2. "Access" means the right of a person to enter a facility to
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20 communicate privately and without unreasonable restriction when
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21 invited to do so by a resident. The state or local "ombudsman", as
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22 that term is defined by the Aging Services Division of the
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23 Department of Human Services pursuant to the Older Americans' Act,
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24 42 U.S.C.A., Section 3001 et seq., as amended, and a case manager
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 1 employed by the Department of Mental Health and Substance Abuse
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2 Services or one of its contract agencies shall have right of access
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3 to enter a facility, communicate privately and without unreasonable
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4 restriction with any resident who consents to the communication, to
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5 seek consent to communicate privately and without restriction with
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6 any resident, and to observe all areas of the facility that directly
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7 pertain to the patient care of the resident without infringing upon
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8 the privacy of the other residents without first obtaining their
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9 consent;
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10 3. "Administrator" means the person licensed by the State of
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11 Oklahoma who is in charge of a facility. An administrator must
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12 devote at least one-third (1/3) of such person's working time to on-
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13 the-job supervision of the facility; provided that this requirement
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14 shall not apply to an administrator of an intermediate care facility
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15 for individuals with intellectual disabilities with sixteen or fewer
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16 beds (ICF/IID-16), in which case the person licensed by the state
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17 may be in charge of more than one such ICF/IID-16 facility, if such
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18 facilities are located within a circle that has a radius of not more
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19 than fifteen (15) miles, the total number of facilities and beds
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20 does not exceed six facilities and sixty-four beds, and each such
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21 ICF/IID-16 facility is supervised by a qualified professional. The
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22 facilities may be free-standing in a community or may be on campus
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23 with a parent institution. The ICF/IID-16 facility may be
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 1 independently owned and operated or may be part of a larger
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2 institutional operation;
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3 4. "Advisory Board" means the Long-Term Care Facility Advisory
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4 Board;
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5 5. "Adult companion home" means any home or establishment,
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6 funded and certified by the Department of Human Services, which
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7 provides homelike residential accommodations and supportive
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8 assistance to three or fewer adults with intellectual or
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9 developmental disabilities;
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10 6. "Board" means State Board of Health;
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11 7. "Commissioner" means State Commissioner of Health;
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12 8. "Department" means the State Department of Health;
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13 9. "Facility" means a nursing facility and a specialized home;
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14 provided this term shall not include a residential care home or an
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15 adult companion home;
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16 10. "Nursing facility" means a home, an establishment or an
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17 institution, a distinct part of which is primarily engaged in
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18 providing:
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19 a. skilled nursing care and related services for
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20 residents who require medical or nursing care,
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21 b. rehabilitation services for the rehabilitation of
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22 injured, disabled, or sick persons, or
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23 c. on a regular basis, health-related care and services
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24 to individuals who because of their mental or physical
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 1 condition require care and services beyond the level
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2 of care provided by a residential care home and which
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3 can be made available to them only through a nursing
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4 facility.
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5 "Nursing facility" does not mean, for purposes of Section 1-851.1 of
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6 this title, a facility constructed or operated by an entity
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7 described in paragraph 7 of subsection B of Section 6201 of Title 74
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8 of the Oklahoma Statutes or the nursing care component of a
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9 continuum of care facility, as such term is defined under the
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10 Continuum of Care and Assisted Living Act, to the extent that the
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11 facility constructed or operated by an entity described in paragraph
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12 7 of subsection B of Section 6201 of Title 74 of the Oklahoma
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13 Statutes contains such a nursing care component;
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14 11. "Specialized facility" means any home, establishment, or
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15 institution which offers or provides inpatient long-term care
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16 services on a twenty-four-hour basis to a limited category of
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17 persons requiring such services, including but not limited to a
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18 facility providing health or habilitation services for individuals
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19 with intellectual or developmental disabilities, but does not mean,
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20 for purposes of Section 1-851.1 of this title, a facility
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21 constructed or operated by an entity described in paragraph 7 of
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22 subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
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23 the nursing care component of a continuum of care facility, as such
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24 term is defined under the Continuum of Care and Assisted Living Act,
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 1 to the extent that the facility constructed or operated by an entity
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2 described in paragraph 7 of subsection B of Section 6201 of Title 74
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3 of the Oklahoma Statutes contains such a nursing care component;
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4 12. "Residential care home" means any home, establishment, or
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5 institution licensed pursuant to the provisions of the Residential
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6 Care Act other than a hotel, motel, fraternity or sorority house, or
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7 college or university dormitory, which offers or provides
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8 residential accommodations, food service, and supportive assistance
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9 to any of its residents or houses any resident requiring supportive
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10 assistance. The residents shall be persons who are ambulatory and
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11 essentially capable of managing their own affairs, but who do not
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12 routinely require nursing care; provided, the term "residential care
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13 home" shall not mean a hotel, motel, fraternity or sorority house,
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14 or college or university dormitory, if the facility operates in a
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15 manner customary to its description and does not house any person
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16 who requires supportive assistance from the facility in order to
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17 meet an adequate level of daily living;
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18 13. "Licensee" means the person, a corporation, partnership, or
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19 association who is the owner of the facility which is licensed by
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20 the Department pursuant to the provisions of the Nursing Home Care
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21 Act;
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22 14. "Maintenance" means meals, shelter, and laundry services;
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23 15. "Medication preparation" means any licensed nurse,
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24 performing duties within the scope of their licensure as established
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 1 by the Oklahoma Board of Nursing, may prepare medications for
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2 administration including the reconstitution of said medications;
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3 16. "Neglect" means failure to provide goods and/or services
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4 necessary to avoid physical harm, mental anguish, or mental illness;
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5 16. 17. "Owner" means a person, corporation, partnership,
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6 association, or other entity which owns a facility or leases a
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7 facility. The person or entity that stands to profit or lose as a
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8 result of the financial success or failure of the operation shall be
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9 presumed to be the owner of the facility. Notwithstanding the
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10 foregoing, any nonstate governmental entity that has acquired and
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11 owns or leases a facility and that has entered into an agreement
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12 with the Oklahoma Health Care Authority to participate in the
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13 nursing facility supplemental payment program ("UPL Owner") shall be
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14 deemed the owner of such facility and shall be authorized to obtain
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15 management services from a management services provider ("UPL
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16 Manager"), and to delegate, allocate and assign as between the UPL
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17 Owner and UPL Manager, compensation, profits, losses, liabilities,
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18 decision-making authority and responsibilities, including
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19 responsibility for the employment, direction, supervision and
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20 control of the facility's administrator and staff;
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21 17. 18. "Personal care" means assistance with meals, dressing,
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22 movement, bathing or other personal needs or maintenance, or general
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23 supervision of the physical and mental well-being of a person, who
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24 is incapable of maintaining a private, independent residence, or who
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 1 is incapable of managing his or her person, whether or not a
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2 guardian has been appointed for such person;
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3 18. 19. "Resident" means a person residing in a facility due to
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4 illness, physical or mental infirmity, or advanced age;
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5 19. 20. "Representative of a resident" means a court-appointed
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6 guardian or, if there is no court-appointed guardian, the parent of
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7 a minor, a relative, or other person, designated in writing by the
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8 resident; provided, that any owner, operator, administrator or
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9 employee of a facility subject to the provisions of the Nursing Home
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10 Care Act, the Residential Care Act, or the Group Homes for the
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11 Developmentally Disabled or Physically Handicapped Persons Act shall
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12 not be appointed guardian or limited guardian of a resident of the
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13 facility unless the owner, operator, administrator or employee is
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14 the spouse of the resident, or a relative of the resident within the
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15 second degree of consanguinity and is otherwise eligible for
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16 appointment; and
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17 20. 21. "Supportive assistance" means the service rendered to
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18 any person which is less than the service provided by a nursing
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19 facility but which is sufficient to enable the person to meet an
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20 adequate level of daily living. Supportive assistance includes but
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21 is not limited to housekeeping, assistance in the preparation of
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22 meals, assistance in the safe storage, distribution, and
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23 administration of medications, and assistance in personal care as is
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 1 necessary for the health and comfort of such person. Supportive
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2 assistance shall not include medical service.
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3 SECTION 2. This act shall become effective November 1, 2024.
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5 59-2-9141 TJ 01/03/24
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