Oklahoma HB 3950: Health; Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act; adding type of care; penalties; misdemeanor; effective date.

Bill Text

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HOUSE OF REPRESENTATIVES - FLOOR VERSION

STATE OF OKLAHOMA

2nd Session of the 59th Legislature (2024)

HOUSE BILL 3950 By: Blancett and Miller

AS INTRODUCED

An Act relating to health; amending 63 O.S. 2021,
Section 1-879.2c, which relates to the Alzheimer's
Dementia and Other Forms of Dementia Special Care
Disclosure Act; adding type of care; providing that
certain individuals may be held liable for penalties
and charged with a misdemeanor; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-879.2c, is
amended to read as follows:
Section 1-879.2c A. 1. Pursuant to rules promulgated under
the provisions of the Alzheimer's Dementia and Other Forms of
Dementia Special Care Disclosure Act, any nursing facility,
residential care facility, assisted living facility, adult day care
center, continuum of care facility, or special care facility that
publicly advertises, intentionally markets, or otherwise engages in
promotional campaigns for the purpose of communicating that said
facility offers care, memory care, or treatment methods within the

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facility that distinguish it as being especially applicable to or
especially suitable to for persons with Alzheimer's dementia or
other forms of dementia diagnoses shall disclose the type of care,
memory care, or treatment provided that distinguishes it as being
especially applicable to or suitable for such persons.
2. The disclosure shall be made using a form developed by the
State Department of Health and shall be made to:
a. the Department,
b. any representative of a person with Alzheimer's
dementia or other form of dementia who is considering
placement within a special care unit, program, or
facility, and
c. the State Long-Term Care Ombudsman.
3. The facility shall submit the disclosure form to the
Department prior to entering into any agreement to provide care or
services.
4. The Department shall examine each disclosure for
completeness and accuracy at the time the disclosure is submitted to
the Department.
5. The Department shall review the most recent disclosure in
the Department's records during the facility's regular inspection to
verify that the disclosure is current and that the services
described in the disclosure are provided to residents as described
in the disclosure.

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B. The information disclosed as required by this section shall
include the following areas:
1. A written description of the special care unit, program, or
facility's overall philosophy and mission as it relates to the needs
of residents with Alzheimer's dementia or other forms of dementia;
2. The process and criteria for placement in, or transfer or
discharge from, the unit, program, or facility;
3. The process used for assessment, establishment, and
implementation of a resident plan of care, as it relates to
Alzheimer's dementia and other forms of dementia, including the
method by which the plan evolves, the frequency of assessment, and
how the facility will respond to changes in the condition of the
resident;
4. Staff-to-resident ratios, staff training and continuing
education that are in addition to all regularly prescribed training
and are commensurate with the need for increased care and
supervision for residents with Alzheimer's dementia and other forms
of dementia;
5. The physical environment and design features appropriate to
support the functioning of cognitively impaired residents;
6. The types and frequency of resident activities designed for
residents with Alzheimer's dementia or other forms of dementia and
descriptions of those therapeutic activities designed to address

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cognitive function and engage residents with varying stages of
dementia;
7. The involvement of families in care planning and other
aspects of care, and the availability of family support programs;
8. The fees for care and any additional fees; and
9. Any accreditations or certifications issued to the facility
related to the care and services provided to residents with
Alzheimer's dementia or other forms of dementia.
C. Any individual employed or contracted by a registered long-
term care facility who publicly advertises, intentionally markets,
or otherwise engages in promotional campaigns for the purpose of