Oklahoma H.B. 1065
State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=OKHB10652009
An Act relating to public health and safety; amending 63 O.S. 2001, Sections 1-890.2, as amended by Section 1, Chapter 347, O.S.L. 2007 and 1-890.3 (63 O.S. Supp. 2008, Section 1-890.2), which relate to the Continuum of Care and Assisted Living Act; adding definition; requiring development of certain consumer guide; requiring results of certain inspections be posted on web site; and providing an effective date.
Last Action:
04/17/2009 Approved by Governor
Additional Bill Information:
April 17, 2009 Enacted Language-
SECTION 1. AMENDATORY 63 O.S. 2001, Section 1-890.2, as amended by Section 1, Chapter 347, O.S.L. 2007 (63 O.S. Supp. 2008, Section 1-890.2), is amended to read as follows:
Section 1-890.2 As used in the Continuum of Care and Assisted Living Act:
1. “Assisted living center” means any home or establishment offering, coordinating or providing services to two or more persons who:
a. are domiciled therein,
b. are unrelated to the operator,
c. by choice or functional impairments, need assistance with personal care or nursing supervision,
d. may need intermittent or unscheduled nursing care,
e. may need medication assistance, and
f. may need assistance with transfer and/or ambulation;
2. “Board” means the State Board of Health;
3. “Commissioner” means the Commissioner of Health; and
4. “Continuum of care facility” means a home, establishment or institution providing nursing facility services as defined in Section 1-1902 of this title and one or both of the following:
a. assisted living center services as defined in the Continuum of Care and Assisted Living Act, and
b. adult day care center services as defined in Section 1-872 of this title ; AND
5. “DEPARTMENT” MEANS THE STATE DEPARTMENT OF HEALTH .
SECTION 2. AMENDATORY 63 O.S. 2001, Section 1-890.3, is amended to read as follows:
Section 1-890.3 A. The State Board of Health shall promulgate rules necessary to implement the provisions of the Continuum of Care and Assisted Living Act. Such rules shall include, but shall not be limited to:
1. A uniform comprehensive resident screening instrument to measure the needs and capabilities of residents in all settings and to determine appropriate placements of residents;
2. Physical plant requirements meeting construction and life safety codes, with provisions accommodating resident privacy and independence in assisted living centers and in assisted living components of continuum of care facilities based on the variable capabilities of residents;
3. Staffing levels responsive to the variable needs of residents, with provisions for sharing of staff between components in a continuum of care facility;
4. Standards for measuring quality outcomes for residents;
5. Provisions for individualized services chosen by and designed for each resident;
6. Procedures for inspections and investigations of licensed entities to ensure compliance with the Continuum of Care and Assisted Living Act and rules promulgated by the Board;
7. Enumeration of resident rights and responsibilities to be observed by each facility and its staff; and
8. Provisions for a surety bond or deposit from each applicant in an amount sufficient to guarantee that obligations to residents will be performed, with provisions for reduction or waiver of the surety bond or deposit when the assets of the applicant or its contracts with other persons are sufficient to reasonably ensure the performance of its obligations ;
9. PROVISIONS FOR THE DEVELOPMENT OF A CONSUMER GUIDE OR SIMILAR RESOURCE TO BE POSTED ON THE INTERNET WEBSITE OF THE STATE DEPARTMENT OF HEALTH TO ASSIST INDIVIDUALS AND FAMILIES IN UNDERSTANDING THE SERVICES PROVIDED BY ASSISTED LIVING CENTERS AND TO COMPARE AND SELECT A FACILITY; AND
10. PROVISIONS FOR POSTING RESULTS OF ROUTINE INSPECTIONS AND ANY COMPLAINT INVESTIGATIONS OF EACH ASSISTED LIVING CENTER ON THE INTERNET WEBSITE OF THE DEPARTMENT. SUCH INFORMATION SHALL BE REGULARLY UPDATED TO INCLUDE THE FACILITY’S PLAN OF CORRECTION AND TO INDICATE WHEN A VIOLATION OF A LICENSING REGULATION WAS CORRECTED BY THE FACILITY . …
