Legislative Alert

Aging, Seniors and Long Term Care
Tuesday, November 16, 2010


HB1114Paraphrase:makes it unlawful for any person or public or private entity to take part in the performance of human cloning. It also makes it unlawful to ship, transfer or receive products of human cloning for any purpose. It makes violations of the act a misdemeanor.
 Principal Authors:Pam Peterson (H), Todd Lamb (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:05/21/2009Current Status:Governor Action - Signed

HB1535Paraphrase:directs the Oklahoma Health Care Authority to study possible state and federal funding possibilities for the retrofitting and connection of portable generators at nursing and specialized facilities. The bill also provides circumstantial exemption for those facilities from liability during natural or manmade disasters.
 Principal Authors:Corey Holland (H), Don Barrington (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:03/31/2010Current Status:Failed Deadline

HB2102Paraphrase:creates the Donut Hole Act. It directs the Department of Human Services to establish a program to provide low-cost prescription drugs to the senior citizens of Oklahoma. It requires that the program use larger prescription refill sizes so as to minimize operational costs and the use of generic or equivalent drugs. The bill directs the director of the Department of Human Services to establish the amount of payment to be made by recipients toward the cost of prescription drugs. It requires that the program pay at least 75 percent of the cost of all prescription drugs not covered by insurance or the Medicare Part D Prescription Drug Program.
 Principal Authors:Jerry McPeak (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/25/2010Current Status:Failed Deadline

SB0023Paraphrase:creates the Oklahoma Department of Aging as an agency within the executive branch to evaluate and provide public solutions to the social, economic and health issues related to aging in Oklahoma. The bill also creates the Oklahoma Commission on Aging to be the governing board of the department. It directs the transfer to the Department of Aging the powers and duties of the Aging Services Division of the Department of Human Services, the Aging and Long-Term Care Program of the Department of Mental Health and Substance Abuse Services, the Senior Health Insurance Counseling Program of the Insurance Department, the Senior Center Renovation Program of the Department of Commerce, the Transportation Program for the Elderly and Persons with Disabilities of DHS, the Senior Community Service Program of the Oklahoma Employment Security Commission and all other programs required under the federal Older Americans Act.
 Principal Authors:Mary Easley (S)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

SB0259Paraphrase:directs the Oklahoma Health Care Authority to establish and maintain a program that requires a waiver of federal law to provide an assisted living benefit to Medicaid beneficiaries to cover or supplement costs associated with the services of a licensed assisted living center.
 Principal Authors:Jay Paul Gumm (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline

SB0436Paraphrase:directs the Department of Health to include in its request for proposal for a stand-alone long-term care facility for sex offenders inmates, parolees, violent offenders found incompetent to stand trial, sex offenders who are not required to register, violent felons and residents who assault others but who are not charged with a crime. The measure also directs facility administrators to preserve the scenes of criminal acts until law enforcement arrives. It also states that if sexual assault is suspected, the administrator must arrange for an examination of a sexual assault nurse examiner or a physician or registered nurse. The bill also requires national criminal history record searches to be conducted on any person employed or contracted and allows exemptions to the requirement. It also requires nursing and specialized facilities, residential care homes, assisted living centers and continuum of care facilities to conduct criminal history background checks on individuals before accepting them as new residents. The measure requires the facility to notify the Department of Health if the check reveals that the person has been convicted of any violent offenses and/or sex offenses. It also requires facilities to notify the Department Health of residents who are registered sex offenders, who have been convicted of a violent offense or who have assaulted other residents at the facility but have not been charged with an offense.
 Principal Authors:Andrew Rice (S), Randy Terrill (H)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline

SB0475Paraphrase:creates the Oklahoma Department of Aging as an agency within the executive branch to evaluate and provide public solutions to the social, economic and health issues related to aging in Oklahoma. The bill also creates the Oklahoma Commission on Aging to be the governing board of the department. It directs the transfer to the Department of Aging the powers and duties of the Aging Services Division of the Department of Human Services, the Aging and Long-Term Care Program of the Department of Mental Health and Substance Abuse Services, the Senior Health Insurance Counseling Program of the Insurance Department, the Senior Center Renovation Program of the Department of Commerce, the Transportation Program for the Elderly and Persons with Disabilities of DHS, the Senior Community Service Program of the Oklahoma Employment Security Commission and all other programs required under the federal Older Americans Act. It establishes a maximum salary of $65,000 for the secretary of aging.
 Principal Authors:Debbe Leftwich (S)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

SB0496Paraphrase:allows any individual applying for institutional care whose income is in excess of the categorical needy standards but whose income does not exceed the statewide median of nursing facility payments to create an income pension trust. It directs that the Medicaid Income Pension Trust be in compliance with rules established by the Oklahoma Health Care Authority.
 Principal Authors:Jay Paul Gumm (S), Danny Morgan (H)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:04/08/2010Current Status:Failed Deadline

SB0731Paraphrase:creates the Oklahoma Department of Aging as an agency within the executive branch to evaluate and provide public solutions to the social, economic and health issues related to aging in Oklahoma. The bill also creates the Oklahoma Commission on Aging to be the governing board of the department. It directs the transfer to the Department of Aging the powers and duties of the Aging Services Division of the Department of Human Services, the Aging and Long-Term Care Program of the Department of Mental Health and Substance Abuse Services, the Senior Health Insurance Counseling Program of the Insurance Department, the Senior Center Renovation Program of the Department of Commerce, the Transportation Program for the Elderly and Persons with Disabilities of DHS, the Community Service Program of the Oklahoma Employment Security Commission and all other programs required under the federal Older Americans Act.
 Principal Authors:Constance Johnson (S)
 Effective Date:07/01/2009Emergency:Yes
 Status Date:02/18/2010Current Status:Failed Deadline

SB0926Paraphrase:expands exemptions under the Home Care Act to include an individual, agency or organization that contracts with the Oklahoma Health Care Authority to provide services under the home and community-based waiver for the elderly or that contract with the Department of Human Services to provide community services to the elderly.
 Principal Authors:John Sparks (S)
 Effective Date:11/01/2009Emergency:No
 Status Date:02/18/2010Current Status:Failed Deadline

SB1879Paraphrase:adds language relating to the Nursing Home Care Act, requiring situations where rape or any other criminal act is suspected to be reported to local law enforcement immediately. The bill also requires facilities to make every effort to preserve the scene of the suspected rape or crime until local law enforcement arrives.
 Principal Authors:Dan Newberry (S), Mike Thompson (H)
 Effective Date:11/01/2010Emergency:No
 Status Date:05/06/2010Current Status:Governor Action - Signed

Reprinted with permission
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