ENROLLED HOUSE
BILL NO. 2566	By:	Wright, Sanders, Derby, Russ, Kern, Walker, Pittman, Cox and Roan of the House

				 and

		Ivester, Eason McIntyre, Garrison, McAffrey and Fields of the Senate

An Act relating to public health and safety; amending 63 O.S. 2011, Section 1-890.3, which relates to the promulgation of rules by the State Board of Health; providing residents with freedom of choice without financial penalty or fee charged by assisted living center; and providing an effective date. 

SUBJECT:  Continuum of Care and Assisted Living Act rules

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     63 O.S. 2011, 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.  Such resident rights shall include the freedom of choice regarding any personal attending physicians and all other providers of medical services and supplies without a financial penalty or fee charged by the assisted living center;

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.

B.  The nursing care service of a continuum of care facility shall be subject to the requirements, procedures and remedies set out in the Nursing Home Care Act, including provisions relating to resident rights.

C.  The adult day care component of a continuum of care facility shall be subject to requirements and procedures specified under the Adult Day Care Act.

SECTION 2.  This act shall become effective November 1, 2012.

Passed the House of Representatives the 1st day of May, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 18th day of April, 2012.

	
Presiding Officer of the Senate