STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1514	By:	Morrissette

AS INTRODUCED

An Act relating to veteran facilities; creating a Citizens’ Advisory Committee; providing membership makeup and purpose; amending 63 O.S. 2011, Section 1-1903, as amended by Section 3, Chapter 12, O.S.L. 2012 (63 O.S. Supp. 2012, Section 1-1903), which relates to nursing home licensure; modifying exemptions; providing licensing and regulation requirements for certain veteran facilities; amending 72 O.S. 2011, Section 223, as amended by Section 654, Chapter 304, O.S.L. 2012 (72 O.S. Supp. 2012, Section 223), which relates to soldiers and sailors; removing requirement for certain veteran facilities to participate in certain programs; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 210 of Title 72, unless there is created a duplication in numbering, reads as follows:
A.  To aid in the prevention of patient abuse and fostering thorough investigations of alleged patient abuse, there is hereby created a Citizens’ Advisory Committee consisting of a minimum of four members, to serve without compensation and without reimbursement pursuant to the State Travel Reimbursement Act, appointed by the War Veterans Commission of Oklahoma.
B.  The membership of the Committee shall contain a member of an organization that provides security, protection, and empowerment to older persons, a member of an organization that represents and advocates for the needs of older Oklahomans at the State Capitol, and a veteran or immediate family member of a veteran.
C.  The Committee shall serve in an advisory capacity to the Oklahoma Department of Human Services in carrying out the investigations of allegations of patient abuse in Oklahoma veteran centers.
SECTION 2.     AMENDATORY     63 O.S. 2011, Section 1-1903, as amended by Section 3, Chapter 12, O.S.L. 2012 (63 O.S. Supp. 2012, Section 1-1903), is amended to read as follows:
Section 1-1903.  A.  No person shall establish, operate, or maintain in this state any nursing facility without first obtaining a license as required by the Nursing Home Care Act.
B.  The Nursing Home Care Act shall not apply to any facility operated by the Oklahoma Department of Veterans Affairs under control of the Oklahoma War Veterans Commission residential care homes, assisted living facilities or adult companion homes which are operated in conjunction with a nursing facility, a home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans, or to hotels, motels, boarding houses, rooming houses, or other places that furnish board or room to their residents.
C.  Unless otherwise prohibited by federal law or unless the enactment of the provisions of this subsection would result in the loss of federal funds to the state, the following licensing and regulation provisions concerning Oklahoma Veterans Center nursing facilities shall be in effect:
1.  Regardless of a licensee’s previous state licensure category as an Oklahoma Veterans Center nursing facility, the State Department of Health shall issue licenses to all previously state-licensed Oklahoma Veterans Centers who surrendered their licenses to the State Department of Health;
2.  Each Oklahoma Veterans Center nursing facility licensed pursuant to the provisions of this section shall be regulated as an existing nursing facility for the purposes of meeting state and federal standards; and
3.  The physical plants of these existing facilities shall not be required to comply with the Life Safety Code Standards adopted by the State of Oklahoma for new construction unless the State Department of Health finds that:
a.	the physical plant or life-safety conditions pose an imminent threat to the residents of the facility,
b.	a major renovation project is undertaken within the existing facility, or
c.	new attached construction is added.
D.  Certificate of need review shall not be required for any addition, deletion, modification or new construction of current or future State Veterans Center nursing facilities.
D. E.  The Nursing Home Care Act shall not authorize any person to engage in any manner in the practice of the healing arts or the practice of medicine, as defined by law.
E. F.  The Nursing Home Care Act shall not apply to a facility which is not charging or receiving periodic compensation for services rendered, and not receiving any county, state, or federal assistance.
SECTION 3.     AMENDATORY     72 O.S. 2011, Section 223, as amended by Section 654, Chapter 304, O.S.L. 2012 (72 O.S. Supp. 2012, Section 223), is amended to read as follows:
Section 223.  A.  The State of Oklahoma accepts the provisions of the Act of Congress of August 27, 1888, as amended, 1934 Edition U.S. Code, Title 24, Section 134, and of any other federal law or Act of Congress providing for the payment of funds to states for the care of, or support of, disabled soldiers and sailors in state homes, and it shall be the duty of the War Veterans Commission of Oklahoma to obtain such federal aid and assistance as is available under the aforenamed Act of Congress, or otherwise.  All such funds received from the United States or any federal agency, for such care, shall be deposited in a federal fund created by the Office of Management and Enterprise Services as provided by law.
B.  All Oklahoma veterans nursing facilities shall participate in the state veterans homes per diem grant program administered by the United States Department of Veterans Affairs.  Upon approval by the United States Department of Veterans Affairs of a nursing facility to participate in the per diem program, the Oklahoma War Veterans Commission shall issue a license to operate such facility as an Oklahoma veterans home.
SECTION 4.  This act shall become effective November 1, 2013.

54-1-5072	AMM	01/15/13