Okla. Stat. tit. 63, § 63-1-879.2c

Alzheimer-Dementia Disclosure Act Advisory Council.

A. 1. Pursuant to rules promulgated under the provisions of

the Alzheimer’s Dementia and Other Forms of Dementia Special Care

Oklahoma Statutes - Title 63. Public Health and Safety Page 539

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 such facility offers care,

memory care, or treatment methods within the facility that

distinguish it as being especially applicable to or suitable to

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. A referral agency, when disclosing documents pursuant to

Section 1-866.2 of this title, shall provide any representative of a

person who has notified the referral agency of a diagnosis of

Alzheimer’s dementia or other form of dementia and who is

considering placement within a unit, program, memory care, or

facility, electronic or physical access to the form for each

facility. The Department of Health shall maintain a public

searchable database of forms. If no such form is available from the

Department of Health, this section shall not apply. Neither a

facility nor a referral agency shall be liable for the actions or

inactions of the other pursuant to this section.

4. The facility shall submit the disclosure form to the

Department prior to entering into any agreement to provide care or

services.

5. The Department shall examine each disclosure for

completeness and accuracy at the time the disclosure is submitted to

the Department.

6. 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.

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;

Oklahoma Statutes - Title 63. Public Health and Safety Page 540

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 or 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

cognitive function and engage residents with varying stages of

dementia;
ia;

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

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. The Department, with input from the Alzheimer-Dementia

Disclosure Act Advisory Council, shall develop a standardized

disclosure form. Any change in the information initially submitted

by the facility or other entity shall be reported to the Department

at the time the change is made.

D. The provisions of this section shall not be construed to

preclude a facility without a special care unit or program from

admitting a person with Alzheimer’s dementia or other forms of

dementia.

E. The State Commissioner of Health, with input from the

Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate

rules to effectuate the provisions of the Alzheimer’s Dementia and

Other Forms of Dementia Special Care Disclosure Act.

F. There is hereby created the Alzheimer-Dementia Disclosure

Act Advisory Council. The Council shall make recommendations to the

State Commissioner of Health regarding the disclosure form and rules

promulgated pursuant to the Alzheimer’s Dementia and Other Forms of

Dementia Special Care Disclosure Act.

1. The Council shall consist of nine (9) members to be

appointed by the State Commissioner of Health for such terms as he

or she chooses. The members shall be individuals who have knowledge

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and expertise in the field of memory care or individuals who are

consumer representatives directly impacted by memory-care services,

provided that neither the members with knowledge and expertise in

the field nor the members who are consumer representatives shall

comprise more than two-thirds (2/3) of the total membership. The

members who are consumer representatives shall be individuals with

immediate family members who have received or are currently

receiving memory-care services in Oklahoma and shall not be

employees or board members of any facilities or entities subject to

the Alzheimer’s Dementia and Other Forms of Dementia Special Care

Disclosure Act.

2. The members of the Council shall serve without compensation.

3. The Council shall conduct an organizational meeting at a

date and location to be chosen by the Commissioner and as frequently

thereafter as necessary to perform the duties imposed upon it. A

majority of the members present shall constitute a quorum.

4. Staff assistance for the Council shall be provided by the

staff of the State Department of Health.

G. If a facility described in paragraph 1 of subsection A of

this section, or any individual employed or contracted by such

facility, violates any of the provisions of the Alzheimer’s Dementia

and Other Forms of Dementia Special Care Disclosure Act or the rules

promulgated pursuant thereto, the facility shall be subject to the

notice and enforcement provisions established for the facility’s

license by the Department.

H. Any facility that offers specialized memory or dementia care

through a specific unit or program shall post:

1. The disclosure form, including the information required to

be included by this section, on the facility’s website; and

2. A poster, in a conspicuous location in the special care

unit, program, or facility where care is provided for persons with
ility’s

license by the Department.

H. Any facility that offers specialized memory or dementia care

through a specific unit or program shall post:

1. The disclosure form, including the information required to

be included by this section, on the facility’s website; and

2. A poster, in a conspicuous location in the special care

unit, program, or facility where care is provided for persons with

Alzheimer’s dementia or other forms of dementia, stating that if

such persons or their representatives were not given a copy of the

disclosure form, they may file a complaint with the Consumer

Protection Unit of the Office of the Attorney General.

I. The Department shall establish a website with a list of

those facilities that have filed a disclosure form pursuant to the

Alzheimer’s Dementia and Other Forms of Dementia Special Care

Disclosure Act. The website shall contain a link to the submitted

disclosure form and a table containing items from the disclosure

form, including staffing ratios, staff training, special programming

and activities, and accreditations or certifications.