1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 1794 By: Miller
4
5
6 AS INTRODUCED
7 An Act relating to long-term care; amending 63 O.S.
2011, Section 1-879.2a, which relates to the
8 Alzheimer's Disease Special Care Disclosure Act;
modifying title; amending 63 O.S. 2011, Section 1-
9 879.2b, which relates to definitions; modifying term;
defining term; amending 63 O.S. 2011, Section 1-
10 879.2c, which relates to disclosure; modifying
reference; modifying applicable facilities; requiring
11 development of certain form; modifying disclosure
recipients; providing for timing of certain
12 submission; requiring the State Department of Health
to examine and review disclosures at certain times;
13 modifying terms; requiring certain disclosures;
creating the Alzheimer-Dementia Disclosure Act
14 Advisory Council; providing for membership, service
without compensation, organization, quorum and staff
15 assistance; providing for penalties; requiring
certain information to be posted on a certain
16 website; and providing an effective date.
17
18
19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20 SECTION 1. AMENDATORY 63 O.S. 2011, Section 1-879.2a, is
21 amended to read as follows:
22 Section 1-879.2a This act shall be known and may be cited as
23 the "Alzheimer's Disease Dementia and Other Forms of Dementia
24 Special Care Disclosure Act".
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1 SECTION 2. AMENDATORY 63 O.S. 2011, Section 1-879.2b, is
2 amended to read as follows:
3 Section 1-879.2b As used in the Alzheimer's Disease Dementia
4 and Other Forms of Dementia Special Care Disclosure Act:
5 1. "Alzheimer's disease special Special care" means care that
6 is provided to persons with a diagnosis of probable Alzheimer's
7 disease dementia or related disorders other forms of dementia by an
8 entity that provides such care in a special unit or under a special
9 program designed to prevent or limit access to areas outside the
10 designated unit or program; and
11 2. "Department" means the State Department of Health; and
12 3. "Dementia" means neurocognitive disorders that result in the
13 loss of cognitive function that interferes with a person's daily
14 functioning.
15 SECTION 3. AMENDATORY 63 O.S. 2011, Section 1-879.2c, is
16 amended to read as follows:
17 Section 1-879.2c A. 1. Pursuant to rules promulgated under
18 the provisions of the Alzheimer's Disease Dementia and Other Forms
19 of Dementia Special Care Disclosure Act, any facility including, but
20 not limited to, a nursing facility, residential care facility,
21 assisted living facility, adult congregate living facility, adult
22 day care center, or a continuum of care facility retirement
23 community that advertises, markets, charges additional fees, or
24 otherwise promotes itself as providing care or treatment to persons
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1 with Alzheimer's disease dementia or related disorders in a special
2 unit or under a special program other forms of dementia shall
3 disclose the type of care, memory care or treatment provided that
4 distinguishes it as being especially applicable to or suitable for
5 such persons.
6 2. The disclosure shall be made using a form developed by the
7 State Department of Health and shall be made to:
8 a. the state licensing agency Department,
9 b. any person seeking placement on behalf representative
10 of a person with Alzheimer's disease dementia or
11 related disorders other forms of dementia who is
12 considering placement within an Alzheimer's disease a
13 special care unit, program, or facility, and
14 c. the State Long-Term Care Ombudsman.
15 3. The facility shall submit the disclosure form to the
16 Department prior to entering into any agreement to provide care or
17 services.
18 4. The Department shall examine each disclosure for
19 completeness and accuracy at the time the disclosure is submitted to
20 the Department.
21 5. The State Department of Health shall examine all such
22 disclosures review the most recent disclosure in the Department's
23 records as part of during the facility's license renewal process
24 regular inspection to verify accuracy. The disclosure shall be made
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1 prior to the facility or entity entering into any agreement to
2 provide care that the disclosure is current and that the services
3 described in the disclosure are provided to residents as described
4 in the disclosure.
5 B. The information disclosed as required by this section shall
6 include the following areas:
7 1. A written description of the Alzheimer's disease special
8 care unit's unit, program, or facility's overall philosophy and
9 mission as it relates to the needs of residents with Alzheimer's
10 disease dementia or related disorders other forms of dementia;
11 2. The process and criteria for placement in, or transfer or
12 discharge from, the unit, program, or facility;
13 3. The process used for assessment, establishment, and
14 implementation of a patient resident plan of care, as it relates to
15 Alzheimer's dementia and other forms of dementia, including the
16 method by which the plan evolves, the frequency of assessment, and
17 is responsive to how the facility will respond to changes in the
18 condition of the patient resident;
19 4. Staff-to-resident ratios, staff training and continuing
20 education that is in addition to all regularly prescribed training
21 and is commensurate with Alzheimer's disease residents' needs the
22 need for increased care and supervision for residents with
23 Alzheimer's dementia and other forms of dementia;
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1 5. The physical environment and design features appropriate to
2 support the functioning of cognitively impaired adult residents;
3 6. The types and frequency of resident activities designed for
4 residents with Alzheimer's dementia or other forms of dementia and
5 describing those therapeutic activities designed to address
6 cognitive function and engage residents with varying stages of
7 dementia;
8 7. The involvement of families in care planning and other
9 aspects of care, and the availability of family support programs;
10 and
11 8. The fees for care and any additional fees; and
12 9. Any accreditations or certifications issued to the facility
13 related to the care and services provided to residents with
14 Alzheimer's dementia or other forms of dementia.
15 C. The Department, with equal opportunity for input from
16 consumer and provider representatives the Alzheimer-Dementia
17 Disclosure Act Advisory Council, shall develop a standardized
18 disclosure form and shall review the information submitted on the
19 disclosure form by the facility or other entity to verify the
20 accuracy of the information reported. Any significant change in the
21 information initially submitted by the facility or other entity
22 shall be reported to the Department at the time the change is made.
23 D. The provisions of this section shall not be construed to
24 preclude a nursing facility without an Alzheimer's disease a special
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1 care unit or program from admitting a person with Alzheimer's
2 disease dementia or related disorders other forms of dementia.
3 E. The Department, with equal opportunity for input from
4 consumer and provider representatives the Alzheimer-Dementia
5 Disclosure Act, shall promulgate rules to effectuate the provisions
6 of the Alzheimer's Disease Dementia and Other Forms of Dementia
7 Special Care Disclosure Act.
8 F. There is hereby created the Alzheimer-Dementia Disclosure
9 Act Advisory Council. The council shall make recommendations to the
10 State Commissioner of Health regarding the disclosure form and rules
11 promulgated pursuant to the Alzheimer's Dementia and Other Forms of
12 Dementia Special Care Disclosure Act.
13 1. The council shall consist of nine (9) members to be
14 appointed by the State Commissioner of Health for such terms as he
15 or she chooses. The members shall be individuals who have knowledge
16 and expertise in the field of memory care or individuals who are
17 consumer representatives directly impacted by memory-care services,
18 provided that neither the members with knowledge and expertise in
19 the field nor the members who are consumer representatives shall
20 comprise more than two-thirds (2/3) of the total membership. The
21 members who are consumer representatives shall be individuals with
22 immediate family members who have received or are currently
23 receiving memory-care services in Oklahoma and shall not be
24 employees or board members of any facilities or entities subject to
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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. Violation of any of the provisions of this act or the rules
11 issued pursuant to this act shall subject the offending facility to
12 the notice and enforcement provisions established for the facility's
13 license by the Department.
14 H. The Department shall establish a website with a list of
15 those facilities that have filed a disclosure form pursuant to this
16 act. The website shall contain a link to the submitted disclosure
17 form and a table containing items from the disclosure form,
18 including staffing ratios, staff training, special programming and
19 activities, and accreditations or certifications.
20 SECTION 4. This act shall become effective November 1, 2021.
21
22 58-1-5890 AB 01/19/21
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