Okla. Stat. tit. 63, § 63-1-860.4

teams - Records - Governing body - Administrators.

A. A hospice shall comply with the following:

1. A hospice shall coordinate its services with those of the

patient's primary or attending physician;

2. A hospice shall coordinate its services with professional

and nonprofessional services already in the community. A hospice

may contract for some elements of its services to a patient and

Oklahoma Statutes - Title 63. Public Health and Safety Page 510

family, provided direct patient care is maintained with the patient

and the hospice team so that overall coordination of services can be

maintained by the hospice team. The majority of hospice services

available through a hospice shall be provided directly by the

licensee. Any contract entered into between a hospice and health

care provider shall specify that the hospice retain the

responsibility for planning, coordinating and prescribing hospice

services on behalf of a hospice patient and the hospice patient's

family. No hospice may charge fees for services provided directly

by the hospice team which duplicate contractual services provided to

the patient or the patient's family;

3. The hospice team shall be responsible for coordination and

continuity between inpatient and home care aspects of care;

4. A hospice shall not contract with a health care provider or

another hospice that has or has been given a conditional license

within the last eighteen (18) months;

5. Hospice services shall provide a symptom control process, to

be provided by a hospice team skilled in physical and psychosocial

management of distressing signs and symptoms;

6. Hospice care shall be available twenty-four (24) hours a

day, seven (7) days a week;

7. A hospice shall have a bereavement program which shall

provide a continuum of supportive and therapeutic services for the

family;

8. The unit of care in a hospice program shall be composed of

the patient and family;

9. A hospice program shall provide a continuum of care and a

continuity of care providers throughout the length of care for the

patient and to the family through the bereavement period;

10. A hospice program shall not impose the dictates of any

value or belief system on its patients and their families;

11. a. Admission to a hospice shall be upon the order of a

physician licensed pursuant to the laws of this state

and shall be dependent on the expressed request and

informed consent of the patient and family.

b. The hospice program shall have admission criteria and

procedures that reflect:

(1) the patient and family's desire and need for

service,

(2) the participation of the attending physician, and

(3) the diagnosis and prognosis of the patient.

c. (1) Any hospice or employee or agent thereof who

knowingly or intentionally solicits patients or

pays to or offers a benefit to any person, firm,

association, partnership, corporation or other

legal entity for securing or soliciting patients

for the hospice or hospice services in this

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state, upon conviction thereof, shall be guilty

of a misdemeanor and shall be punished by a fine

of not less than Five Hundred Dollars ($500.00)

and not more than Two Thousand Dollars

($2,000.00).

(2) In addition to any other penalties or remedies

provided by law:

(a) a violation of this section by a hospice or

employee or agent thereof shall be grounds

for disciplinary action by the State

Department of Health, and

(b) the State Department of Health may institute

an action to enjoin violation or potential

violation of this section. The action for

an injunction shall be in addition to any

other action, proceeding or remedy

authorized by law.

(3) This subparagraph shall not be construed to

prohibit:

(a) advertising, except that advertising which:
iplinary action by the State

Department of Health, and

(b) the State Department of Health may institute

an action to enjoin violation or potential

violation of this section. The action for

an injunction shall be in addition to any

other action, proceeding or remedy

authorized by law.

(3) This subparagraph shall not be construed to

prohibit:

(a) advertising, except that advertising which:

(i) is false, misleading or deceptive,

(ii) advertises professional superiority or

the performance of a professional

service in a superior manner, and

(iii) is not readily subject to verification,

and

(b) remuneration for advertising, marketing or

other services that are provided for the

purpose of securing or soliciting patients,

provided the remuneration is:

(i) set in advance,

(ii) consistent with the fair market value

of the services, and

(iii) not based on the volume or value of any

patient referrals or business otherwise

generated between the parties, and

(c) any payment, business arrangements or

payments practice not prohibited by 42

U.S.C., Section 1320a-7b(b), or any

regulations promulgated pursuant thereto.

(4) This paragraph shall not apply to licensed

insurers, including but not limited to group

hospital service corporations or health

maintenance organizations which reimburse,

provide, offer to provide or administer hospice

services under a health benefits plan for which

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it is the payor when it is providing those

services under a health benefits plan;

12. A hospice program shall develop and maintain a quality

assurance program that includes:

a. evaluation of services,

b. regular chart audits, and

c. organizational review; and

13. A hospice program shall be managed by an administrator

meeting the requirements as set forth in Section 1-862 of this

title.

B. A hospice team shall consist of, as a minimum, a physician,

a registered nurse, and a social worker or counselor, each of whom

shall be licensed as required by the laws of this state. The team

may also include clergy and such volunteers as are necessary to

provide hospice services. A registered nurse licensed pursuant to

the laws of this state shall be employed by the hospice as a patient

care coordinator to supervise and coordinate the palliative and

supportive care for patients and families provided by a hospice

team. Nothing in this section shall be construed as to require a

hospice to employ a certified home health aide in the provision of

hospice services so long as the hospice employs a certified nurse

aide.

C. 1. An up-to-date record of the services given to the

patient and family shall be kept by the hospice team. Records shall

contain pertinent past and current medical, nursing, social, and

such other information that is necessary for the safe and adequate

care of the patient and the family. Notations regarding all aspects

of care for the patient and family shall be made in the record.

When services are terminated, the record shall show the date and

reason for termination.

2. Information received by persons employed by or providing

services to a hospice, or information received by the State

Department of Health through reports or inspection shall be deemed

privileged and confidential information and shall not be disclosed

to any person other than the patient or the family without the

written consent of that patient, the patient's guardian or the

patient's family.

D. 1. A hospice program shall have a clearly defined and

organized governing body, which has autonomous authority for the

conduct of the hospice program.

2. The hospice program shall have an administrator who shall be

responsible for the overall coordination and administration of the

hospice program.