HB 2262: Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act; imposing certain duties; broadening applicability of certain penalties; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 5 edits

MODERATE

The bill was amended to clarify that facilities must only disclose special care details if they actively market themselves for dementia care, preventing penalties for facilities that simply admit such patients. The scope of required disclosures was expanded to include specific details on staff training, physical environment design, and family involvement. Additionally, the bill was updated to include a new Senate sponsor and to create a formal advisory council to oversee the implementation of these rules.

Scope change

The bill's applicability was narrowed to only require disclosure forms from facilities that publicly advertise or market dementia care services, rather than all facilities that admit such patients. The list of required disclosure items was significantly expanded to cover staff ratios, facility design, and family support programs.

REQUIREMENT

Added a condition requiring facilities to only be subject to disclosure rules if they publicly advertise or market care for persons with Alzheimer's dementia or other forms of dementia.

Expanded the list of required disclosure information to include staff-to-resident ratios, specialized staff training, physical environment design features, and family involvement in care planning.

DEFINITION

Established a new Alzheimer-Dementia Disclosure Act Advisory Council consisting of nine members to provide input on disclosure forms and rules.

ELIGIBILITY

Clarified that facilities without a special care unit are not prohibited from admitting patients with dementia, provided they do not market themselves as having such a unit.

TECHNICAL

Added 'Engrossed' to the bill title and included a new Senate sponsor, Stanley.

Senate Committee Substitute for House Bill → Floor (House) · 3 edits

MINOR

The bill was transitioned from a committee draft to the House floor version, resulting in several substantive changes. The primary update involves clarifying the scope of the Alzheimer's Dementia Special Care Disclosure Act to explicitly include facilities that market 'memory care' or 'dementia care' even if they do not meet the specific criteria for a dedicated special care unit. The text was also updated to modernize terminology (e.g., changing 'Alzheimer's' to 'Alzheimer's' in some instances) and reorganized the statutory sections to improve flow and clarity.

Scope change

The bill's applicability was broadened to cover facilities that advertise memory care or dementia care services but lack a formally designated special care unit, ensuring these facilities must also provide the required disclosures.

REQUIREMENT

Updated the definition of facilities subject to disclosure requirements to include those marketing memory care or dementia care without a formal special care unit designation.

TECHNICAL

Reorganized the bill's structure and section numbering to align with floor version standards, moving the advisory council creation and rule-making provisions to later sections.

DEFINITION

Refined the description of required disclosures to ensure clarity on what information must be provided to families and representatives.

House Committee Substitute → Senate Committee Substitute for House Bill · 6 edits

MODERATE

The bill was amended to clarify its purpose, broaden the scope of penalties, and update statutory references. The Senate version adds 'Engrossed' to the title and explicitly states that the law imposes duties on referral agencies and broadens penalties for non-compliance. It also updates the list of facilities required to post information and clarifies the role of the newly created advisory council.

Scope change

The bill's scope was broadened to explicitly include referral agencies in its duties and to broaden the applicability of penalties for discrepancies in care disclosures.

SCOPE

The title was updated from 'Committee Substitute' to 'Committee Substitute for Engrossed House Bill' to reflect the legislative process stage.

The summary of the act was revised to explicitly mention imposing duties on referral agencies and broadening the applicability of certain penalties.

REQUIREMENT

The list of facilities required to publicly advertise or market care was slightly reworded for clarity, removing redundant phrases about 'promotional campaigns' in favor of a direct statement about offering care.

The requirement for facilities to post a complaint poster was updated to clarify that residents can file a complaint with the Attorney General if they were not given a copy of the disclosure form.

DEFINITION

The description of the Alzheimer-Dementia Disclosure Act Advisory Council was updated to specify that consumer representatives must have immediate family members currently receiving memory-care services in Oklahoma.

TECHNICAL

Page footers were updated with new request numbers (from 13184 to 2009).

House Conference Committee Substitute → House Committee Substitute · 3 edits

MINOR

The bill was converted from a Conference Committee Substitute back to a House Committee Substitute, removing the joint legislative agreement and restoring the original House version. Substantively, the text retains the core requirements for facilities to disclose specific care details to families and regulators but includes a new provision penalizing facilities that falsely advertise specialized dementia care without meeting the necessary criteria.

Scope change

The bill's scope remains focused on Alzheimer's and dementia care facilities, though a new penalty clause was added to address misleading marketing practices.

TECHNICAL

Removed the 'Conference Committee' designation, indicating the bill is no longer a joint agreement between House and Senate versions and reverts to the House's original proposal.

Adjusted line numbers, page headers, and formatting to reflect the removal of the conference committee markup and the restoration of the House version structure.

ENFORCEMENT

Added a specific penalty provision stating that facilities advertising specialized dementia care without meeting the required criteria will be subject to penalties outlined in the Act.

Proposed Policy Committee Substitute 1 → House Conference Committee Substitute · 3 edits

MINOR

The bill was converted from a committee substitute to a conference committee substitute, indicating it has been finalized for legislative action. The substantive policy content remains focused on requiring facilities to disclose specific care details for Alzheimer's and dementia patients, though the text shows minor formatting and numbering adjustments typical of conference reconciliation.

Scope change

The scope of applicability remains unchanged, covering nursing facilities, residential care facilities, assisted living facilities, adult day care centers, continuum of care facilities, and special care facilities that market care for persons with Alzheimer's dementia or other forms of dementia.

TECHNICAL

The document header and title were updated to reflect the 'Conference Committee Substitute' status, replacing the 'Proposed Policy Committee Substitute' branding.

Minor formatting adjustments were made to section numbering and spacing, such as renumbering subsections and correcting line breaks, without altering the underlying legal requirements.

The text was standardized to use consistent spelling for 'Alzheimer's' (with an apostrophe) throughout the document, replacing instances where it was written without punctuation.

Proposed Committee Substitute (full committee) 1 → Proposed Policy Committee Substitute 1 · 5 edits

MODERATE

The bill was reclassified from an 'Oversight' to a 'Policy' committee substitute, indicating a shift in legislative focus from monitoring to establishing rules. The text was significantly rewritten to clarify that facilities must disclose care types applicable to dementia patients, even if they do not have a dedicated special care unit. A new advisory council was created to develop standardized disclosure forms and rules, and the requirement for facilities to advertise specific dementia care capabilities was tightened to ensure accuracy.

Scope change

The bill's scope was expanded to explicitly allow facilities without special care units to admit dementia patients, provided they disclose the care they offer. The applicability of the disclosure requirements was broadened to cover any promotional material suggesting dementia care, regardless of whether the facility meets strict 'memory care' criteria.

REQUIREMENT

The mandatory disclosure language was rewritten to remove the distinction between 'memory care' and general 'dementia care,' requiring facilities to disclose any care methods suitable for dementia patients.

Replaced the term 'Oversight' with 'Policy' in the document title and header, reflecting a change in the committee's role.

ENFORCEMENT

A new Alzheimer-Dementia Disclosure Act Advisory Council was created to develop standardized disclosure forms and promulgate rules.

DEFINITION

Clarified that facilities without a special care unit or program are not precluded from admitting patients with Alzheimer's dementia.

TECHNICAL

Updated internal reference numbers and page footers from 'Req. No. 13074' to 'Req. No. 12377'.

Enrolled (final version) → Proposed Committee Substitute (full committee) 1 · 5 edits

MODERATE

The bill was completely rewritten to expand its scope and add new requirements. The original version focused on facilities publicly advertising special care, while the new version adds specific rules for referral agencies, requires facilities to post a complaint poster, and introduces penalties for employees who advertise special care without meeting facility criteria. It also reorganizes the structure of the required disclosure information.

Scope change

The bill's scope expanded from applying only to facilities that publicly advertise special care to also including referral agencies and individual employees who market memory care services. The applicability now explicitly covers situations where employees advertise care without the facility actually meeting special care standards.

REQUIREMENT

Added a requirement for facilities to conspicuously post a complaint poster informing consumers about their right to file complaints with the Attorney General if they are not given the disclosure form.

Added new requirements for referral agencies to provide the disclosure form to anyone considering placement in a facility, and to recommend only facilities that have the form available.

Reorganized the list of required disclosure information and removed the section creating a new advisory council.

Removed the requirement for facilities to submit disclosure forms to the Department of Health, keeping the process internal to the facility and referral agencies.

ENFORCEMENT

Added specific penalties for employees who advertise memory care services when the facility does not actually meet the criteria for such care.

Engrossed → Enrolled (final version) · 5 edits · May 30, 2025

MODERATE

The bill was finalized as an enrolled version with updated sponsor names and a revised title that clarifies the law's purpose. The core policy changes include expanding the duty of referral agencies to provide disclosure forms to families who have notified them of a dementia diagnosis, requiring facilities to post a complaint poster, and creating a public searchable database of disclosure forms. Additionally, the definition of the advisory council was updated to clarify member selection rules and ensure consumer representatives are individuals with immediate family members affected by memory care services.

Scope change

The bill's scope was broadened by explicitly requiring referral agencies to provide disclosure forms to families who have notified the agency of a dementia diagnosis, whereas the previous version only required agencies to provide forms when disclosing documents under a different section.

REQUIREMENT

Referral agencies are now required to provide disclosure forms to representatives of persons who have specifically notified the agency of a dementia diagnosis and are considering placement.

Facilities must conspicuously post a complaint poster informing families of their right to file a complaint with the Attorney General's Consumer Protection Unit if they were not given a disclosure form.

The Department of Health must maintain a public, searchable database of the required disclosure forms.

DEFINITION

The composition of the Alzheimer-Dementia Disclosure Act Advisory Council was clarified to specify that consumer representatives must have immediate family members receiving memory-care services and cannot be employees or board members of subject facilities.

TECHNICAL

The bill title was updated to reflect broader applicability of penalties and the requirement for facilities to post specified information.

Amended And Engrossed → Engrossed · 3 edits · May 28, 2025

MINOR

The bill was reorganized to remove redundant title pages and consolidate the text into a single, clean version. The substantive policy content regarding disclosure requirements, facility penalties, and the creation of the Advisory Council remains unchanged, with only minor formatting adjustments to section numbering and capitalization.

Scope change

No change in scope or applicability; the bill covers the same facilities and requirements as before.

TECHNICAL

Removed duplicate title pages and redundant 'Amendment No. 1' instructions to streamline the document.

Adjusted section numbering and capitalization (e.g., changing 'Alzheimer's' to 'Alzheimer-Dementia' in some instances) for consistency.

Consolidated fragmented text lines into coherent paragraphs for better readability.

Introduced → Amended And Engrossed · 4 edits · May 28, 2025

MODERATE

The bill was significantly amended to expand its scope and requirements. The changes add new duties for referral agencies to provide disclosure forms, broaden the penalties for non-compliance, and update the list of required information that facilities must disclose to families. The amendment also corrects the bill's title and enacting clause to reflect these substantive policy updates.

Scope change

The bill's scope was broadened to explicitly impose duties on referral agencies and to require certain facilities to post specified information, in addition to the original requirements for facilities that publicly advertise dementia care.

REQUIREMENT

Added a requirement for referral agencies to provide the dementia care disclosure form to families when they recommend a facility.

Updated the list of required disclosures to include specific details about staff training, physical environment design, therapeutic activities, and family involvement.

ENFORCEMENT

Broadened the applicability of penalties to cover more discrepancies and added provisions for a formal complaint process.

SCOPE

Revised the bill title and summary to reflect the new duties for referral agencies and the updated list of required disclosures.

Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act; imposing certain duties; broadening applicability of certain penalties; effective date.

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