House Bill No. 1835 seeks to enhance protections for elderly and disabled adults by amending the Protective Services for Vulnerable Adults Act and the Nursing Home Care Act. The bill introduces the term "Oklahoma's Protection and Advocacy System," which is established under the Rights Act of 2000, and mandates that reports of abuse or neglect be forwarded to this system for proper communication and monitoring. It also outlines penalties for individuals who knowingly fail to report suspected abuse, neglect, or exploitation, establishing misdemeanor charges for such failures. The legislation emphasizes the importance of health information disclosure in abuse cases while providing immunity for good faith reporters and accountability for false reports.
Additionally, the bill amends the Nursing Home Care Act to protect employees and residents in long-term care facilities by prohibiting employers from retaliating against employees who report or cooperate with investigations related to the Protective Services for Vulnerable Adults Act. Courts are empowered to assess reasonable attorney fees against employers found in violation of this provision. The bill clarifies definitions related to abuse and reporting responsibilities, ensuring immediate reporting of serious incidents to the Department of Health and the Oklahoma's Protection and Advocacy System. It also nullifies any waivers of the right to legal action or jury trials, thereby safeguarding residents' rights. The provisions of this act are set to take effect on November 1, 2025.