SB 1562 — Hospice; specifying certain penalties; defining term. Effective date.

ENGROSSEDAn Act ENROLLED SENATE BILL NO.

Coleman of the Senate and Roe and Waldron of the House 5 An Act relating to hospice;

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

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

Any contract entered into between a hospice and health ENGR.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.

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1562 Page 1 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.

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(1)ENR. 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.

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(1) Any hospice or employee, contractor, or agent thereof of a hospice 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 state shall, upon conviction thereof, shall, be guilty of a misdemeanor and shall be punished punishable by a fine of not less than Five Hundred Dollars ($500.00) and not more than Two Thousand Dollars ($2,000.00).

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1562 Page 32 (1) the patient and family’s desire and need for service, (2) Inthe additionparticipation toof anythe otherattending penaltiesphysician, orand remedies(3) providedthe bydiagnosis law:and prognosis of the patient.

c.

(1) Any hospice or employee, contractor, or agent thereof of a hospice 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 state shall, upon conviction thereof, shall, be guilty of a misdemeanor and shall be punished punishable 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:

(3) As used in this subparagraph, “solicit” includes, but is not limited to, the act of a hospice or its employee, contractor, or agent initiating contactENR. with one or more patients residing in a facility licensed by the State Department of Health for the purpose of recruiting such patients after such patients are already enrolled in another hospice program.

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1562 Page 43 (4)contact Thiswith subparagraphone shallor notmore bepatients construedresiding toin prohibit:a facility licensed by the State Department of Health for the purpose of recruiting such patients after such patients are already enrolled in another hospice program.

(4) This subparagraph shall not be construed to prohibit:

ENGR.(4) (5) This paragraph subparagraph shall not apply to licensed insurers, including but not limited to group hospital service corporations or health ENR.

1562 Page 54 (4) (5) This paragraph subparagraph 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 it is the payor when it is providing those services under a health benefits plan;

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 ENGR.team.

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