OKLAHOMA STATE COUNCIL ON AGING AGENDA
Special Meeting
May 6, 2021 - 9:30 AM
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Presiding…………………………………………………...………...………...………...………….….……………………………...........Paul Needham, Chair
1. Call to Order ……………………………………….…………………………………...………...………...………...……………………………..Chair
2. Pledge of Allegiance ……………………..….…………….Jean Kelsey, Vice- Chair
3. Roll Call ……..…………………..…...Chalon Anderson, Secretary
State Council on Aging Members
Chalon Anderson Via Zoom Teleconference/videoconference
Theo Crawley Via Zoom Teleconference/videoconference
Walker Davis Via Zoom Teleconference/videoconference
Lola Edwards Via Zoom Teleconference/videoconference
Trish Emig Via Zoom Teleconference/videoconference
LaTrina Frazier Via Zoom Teleconference/videoconference
Charity Helms Via Zoom Teleconference/videoconference
Esther Houser Via Zoom Teleconference/videoconference
Cathy Howard Via Zoom Teleconference/videoconference
Jean Kelsey Via Zoom Teleconference/videoconference
Fred Mensah Via Zoom Teleconference/videoconference
Jacki Millspaugh Via Zoom Teleconference/videoconference
Margo Mitchell Via Zoom Teleconference/videoconference
Paul Needham Via Zoom Teleconference/videoconference
Shaunda Noah Via Zoom Teleconference/videoconference
Patrick O'Kane Via Zoom Teleconference/videoconference
Willa Olden Via Zoom Teleconference/videoconference
Teresa Rendon Via Zoom Teleconference/videoconference
Ruth Rolfe Via Zoom Teleconference/videoconference
Blair Schoeb Via Zoom Teleconference/videoconference
Carla Scull Via Zoom Teleconference/videoconference
Ruth Tatyrek Via Zoom Teleconference/videoconference
Tammy Vaughn Via Zoom Teleconference/videoconference
Advisory Committee
Anne Davis Via Zoom Teleconference/videoconference
Annette Mays Via Zoom Teleconference/videoconference
Mary Brinkley Via Zoom Teleconference/videoconference
Germaine Odenheimer Via Zoom Teleconference/videoconference
Ray Walker Via Zoom Teleconference/videoconference
4. Compliance with Open Meeting Act ……………………………….…..…………..….Chair
5. Approval of March 5, 2021 and April 1, 2021 Meeting Minutes.………………..….......………...……………............…Chair
6. Chair’s Report (Discussion/action items) …..………………....…………..…………...………...……..…....………...….…..Chair
Reminder –Recording of absences and presence
Reminder to press Mute
Welcome/Introduction LaTrina Frazier
Welcome/Introduce Barbara Gwinn
Orientation May 6, 2021
Reminder of meeting dates
7. Proposed Bylaws (Discussion/possible action items)……….…………..……………Shirley Cox, Community Living, Aging and Protective Services
8. OKDHS Director’s Address (Discussion/possible action item)………..………..Justin Brown, Cabinet Secretary and OKDHS Director
Aging Continuum Project
Senior Hope Centers
9. Director’s Report (Discussion/possible action items)……..............….Jeromy Buchanan, Community Living, Aging and Protective Services Director
Access to services
In-home Vaccines
10. Legislative issues (Discussion/possible action items)……………………………..…..…… Esther Houser-Advocacy Committee and William Whited
- Senior Day
- Bills impacting older Oklahomans/Advocacy and Legislative Agenda
- Hope Centers Letter –New Hope Letter
11. Unfinished Business (Discussion/possible action items)…….………………………………...……...…...……...……..….Chair
12. Public Comment...………………..………...…….………...…………….Chair
13. Announcements/Date of Next Meeting September 2, 2021.….……..…............….………...………...………...………..........Chair
14. Adjournment………………...………...…….…...…………………....Chair
Notice of the date, time, and place of the meeting of the Oklahoma State Council was provided to the Secretary of State for posting on the Secretary of State website. In addition, public notice of the date, time, and place of the meeting and the Agenda was posted on the OKDHS website.
OKLAHOMA STATE COUNCIL ON AGING AGENDA
50 N.E. 23rd Street, Oklahoma City, OK 73105-3002
Phone (405) 521-2281 FAX (405) 521-2086
Special Meeting
March 5, 2021 - 1:00 PM
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Meeting ID: 969 5616 4761|
Passcode: 647311
Members Present: Chalon Anderson, Lola Edwards, Trish Emig, Esther Houser, Jean Kelsey, Fred Mensah, Margo Mitchell, Paul Needham, Shaunda Noah, Patrick O’Kane, Willa Olden, Ruth Rolfe, Blair Schoeb, Ruth Tatyrek, Tammy Vaughn
Members Absent: Michael Cook, Theo Crawley, Walker Davis, Charity Helms, Cathy Howard, Jacqueline Millspaugh, Teresa Rendon, Carla Scull
Advisory Committee Present: Mary Brinkley, Anne Davis, Annette Mays, Germaine Odenheimer, Ray Walker
Present for OKDHS: Jeromy Buchanan, Kathleen Kelley, William Whited, Miranda Kieffer, Shirley Cox, Rebecca Snellen
Guests: Kevin Nelson
Agenda Item |
Discussion/Conclusion |
Recommendation |
Action/Follow-up |
Call Meeting to Order
Pledge of Allegiance
Roll Call
Compliance with
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The Chair called meeting to order.
Vice Chair led the Pledge of Allegiance. |
Roll was called
The Council was in compliance. |
Quorum was established. |
Approval of Minutes Chairman's Report -Paul Needham, Chair
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Paul asked for help in recruiting vacancies – AAA Advisory Council slots are needed. Trish Emig mentioned a need for ASCOG representation. Shaunda Noah offered to reach out to KEDO. Rebecca Snellen also offered to assist. Additional discussion regarding agency/organization vacancies included Esther's announcement that Mike Cook is no longer with OSDH. Annette Mays suggested Dr. LaTrina Frazier.
Paul welcomed our new members and had them introduce themselves, Shaunda Noah and Tammy Vaughn.
Paul reminded everyone of the next meeting date, April 1, 2021 which includes orientation. |
Trish Emig moved to approve the minutes. Jean seconded the motion.
Miranda Kieffer/Shirley Cox will follow up with Dr. Frazier and reported other agency/org have been contacted regarding vacancies as well and will continue. |
Minutes Minutes were approved were approved. |
| Director's Report, Jeromy Buchanan | Director Buchanan presented on various topics including: APS & Aging Services merger-Announced new name is Community Living, Aging, and Protective Services (and will be officially announced soon).
HOPE-centers – follow-up to last meeting – these are initially stood up with children in mind, but OKDHS will include the older adult population at a later time.
Trish suggested a letter or another form of advocacy from the SCoA and other advocacy groups to OKDHS. Director Buchanan supports what the Council decides and said there isn't opposition, but it might help to keep older adults on the radar.
ADvantage Waiver updates: Appendix K and Retro Rate increases were discussed. Lola expressed ADv Providers are very thankful.
Vaccines – OKDHS has set up several clinics for frontline first responder staff. OKDHS is now partnering with ADv providers and Mercy to set up in the community and in effort to get the vaccine to those homebound, etc.
Trish asked about the FMAP enhancement rate and if any services were cut to pay for the ADvantage rate increase. Director Buchanan reported that CARES Act funding was used and funds weren't pulled from other services. Appendix K allows flexibility in service, and the enhanced FMAP made the rate increase possible for the retroactive period |
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| Chair Report (resumed) | Chair thanked the director. Announced Shirley's retirement in May and acknowledged the need to use Shirley while she's still here. The Council thanked her for her extensive service and support. She will be missed!
After Jeromy's report, Paul announced the need to update the bylaws (with Shirley here).
Shaunda suggested a committee to help with bylaw changes and to cancel the April meeting and move it to May.
Trish brought up the Council’s thoughts on the legislative updates and suggested keeping April meeting as a legislative update meeting while adding May as an additional meeting.
Esther agreed. No vote was needed to keep the April meeting |
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Vote passed. |
| COVID-19 Federal Funding | Director Buchanan and Chair Needham said the funding is very positive. He said a spending plan was made and the money spent fast. For APS, the funding was earmarked to build capacity in the program. This includes redrawing boundary lines, adding some positions, structural items to help, etc. The backlog has been a struggle since the last big budget cut where 30% of staff was lost. System enhancements are also earmarked for that funding to allow quicker, quality work in the field. Some funds have also been targeted for some contracts, specifically the Tribes, like Cherokee Nation, and also contracts for more difficult cases in order to handoff. Handoffs will happen on certain self-neglect services cases to AAA partners because sometimes it is just about connecting people to the services they need and to do the follow-up to make sure the services are in place. This will help with recidivism and allow capacity building. State LTC Ombudsman reports additional funding $45,020 (not quite the $1M APS received). This allows him to hire staff to help coordinate returning to building and for investigations. Funding is time-limited. Discussion: Trish really liked the idea of partnering with communities and suggests that as a place for HOPE Centers. Director Buchanan agrees and mentioned APS is working to build hope into our service plans. |
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There is a bill nationally with additional COVID funding to be debated at the Senate today. It is for 7.35%. Kevin Nelson, guest, dropped the following information in the chat: SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING AND TECHNOLOGY IMPROVEMENTS. (a) Funding.—In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $25,000,000 to remain available through September 30, 2026, to carry out this section. From Kevin Nelson to Everyone: 02:13 PM SEC. 1103. ADDITIONAL FUNDING FOR NUTRITION ASSISTANCE PROGRAMS. Section 704 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended— (1) by striking “In addition” and inserting the following: “(a) COVID–19 Response Funding.—In addition”; and (2) by adding at the end the following— “(b) Additional Funding.—In addition to any other funds made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to remain available until September 30, 2027, for the Secretary of Agriculture to provide grants to the Commonwealth of Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance, of which $30,000,000 shall be available to provide grants to the Commonwealth of Northern Mariana Islands for such assistance.”.
14:15:25 From Kevin Nelson to Everyone : SEC. 1101. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Value Of Benefits.—Section 702(a) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended by striking “June 30, 2021” and inserting “September 30, 2021”. (b) Snap Administrative Expenses.—In addition to amounts otherwise available, there is hereby appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $1,150,000,000, to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2021, 2022, and 2023, for the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), of which— (1) $15,000,000 shall be for necessary expenses of the Secretary of Agriculture (in this section referred to as the “Secretary”) for management and oversight of the program; and (2) $1,135,000,000 shall |
Esther stepped away from 1:48 PM to 1:49 PM.
Blair Schoeb to Everyone: 02:13 PM Be right back- |
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| Care Compare Website William Whited, Aging Services, State Long Term Care Ombudsman | The Nursing Home Compare has morphed into something new, and it's not as easy. During COVID it's hard to pick a facility. You can't go in and tour, etc. Bill demonstrated navigation thought There used to be a link that said compare. Now you go to the Forms, Help, & Resources tab, (and it doesn't say compare anymore). Click on "Find Care." There are types of providers listed but no hyperlinks, so you have to click on the green button. When you scroll down, it has types of services. It only shows Medicare and Medicare facilities. It doesn't show Assisted Living or those that don't accept Medicaid or Medicare. You can then Click Nursing Homes… and type in your zip code. Bill cautions that star ratings are nothing more than a tool. Quality can improve or decline overnight and the website lags behind. You can also look at the Overall ratings. If you want to learn more details, it tells how they arrive at the rating and breaks down total citations and provide the full report. There are complaint inspections, infection control, etc. Then you can breakdown and start to make a decision. Nothing is really being updated during COVID as timely as we'd like. Mary Brinkley thanked Bill for this report and reiterated that it's a snapshot in time and the best resource is Bill's office and a family member of someone in that community who knows how people are being served. She cautions also and agrees that nothing beats a tour. |
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| Legislative Issues, Esther Houser/Bill Whited | Bill focused on the agenda packet on page 2 of the legislative agenda. HB1010 regarding TBI is still alive & has passed off of the House Floor. OK has never had anything to specifically address TBI. HB 1677 (passed and moved over to the Senate) regarding designation of an essential care representative and has areas of concern and of good. Concern is the restriction of visitors. (HB 2566 is a companion bill) HB 1794 regarding memory care disclosures. This has been an issue for some time as Memory Care is used as a marketing tool and doesn't have defining factors of what it is. This is a needed bill. Bill has moved on as well. HB1877-from last session, regarding antipsychotic meds. Passed 91-1 and moved to Senate. HB1879 – dormant right now, will bring back up if it revives. HB 2119 regarding FMAP –Esther believes it's based on a concern that OHCA might use the FMAP money for NHs for managed care rather than NH. Esther supports the bill, but would like some strings attached to relate to staff wages, staff numbers, PPE, etc. Asked if anyone knows about any strings attached. Fred said they are trying to implement for using these funds – not finalized, but hope to do something internally. Proposal will be that 75% of funds will go lump sum to facilities to use for bonuses, staffing needs, etc., and 12.5% to PPE and 12.5% to go to mental health. OHCA is still accepting feedback from stakeholders. They want the money tied to some type of quality measures. Esther asked if there is an overall number expected. Fred thinks $38.8M, but it is ongoing. Mary adds that we don't realize what this will mean for LTC - could have more long-term staffing issues. Mary knows facilities that never used staffing agencies that had 1/2 staff from agencies during the pandemic. HB2566 – helps address access for residents. Hasn't gone to a vote yet. Trish hopes it will have some amendments and go next week. |
2:54PM Paul asked Members to stay longer for one more vote and to hear Ruth T. report on utilities. |
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(cont) |
Caldwell contacted Esther during the meeting. Letter to Legislators is something the OAP does twice a session. Esther reviewed the bills Bill didn't cover in his section, including: HB 1019 regarding insulin copays. Ray Walker reported to Esther that Medicare helps. HB1845 re headlights and is something OSHL has pushed. HB2544 takes off the limitation to residents of nursing homes and includes all vulnerable adults. HB 2649 requires licensing for DME. HB 2644 sets up virtual meetings to 3/31/2024 instead of just the pandemic. SB 58 gives Hospice more leeway in palliative medicine. SB 198 least restrictive alternative to guardianship SB 388 add APRN to those who can administer care in homes. Opposed to the following: SB 42 no training requirements for these agencies. SB 689 limits MAC members and would lose representation. SB 820 declassifying state employees and includes investigators. Esther feels this takes protections away from these groups, and that it's too risky in the nursing home world. SB 913 allows legislature to repeal state agency rules. |
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Senior Day at the Capitol, Esther Houser
Announcements/Date of Next Meeting
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Working on logistics to do a Senior Day (not at the Capitol) on FB Live, etc. Ken Jones and others are working on it. Ruth reported on available services and would like 211 to be equipped to tell people about the services available for utility assistance. Ruth is especially concerned with the rural areas. Trish asked if OHCA is doing anything to reach OHCA clients that could help with utility help. Esther noted DHS tends to be more involved in that assistance. Kathleen Kelley said energy assistance starts on the 16th for emergency assistance for those about to lose services (and it goes quickly). Trish Emig request to add a letter drafted by advocacy committee to OKDHS regarding Hope Centers on next (April 1) agenda. None came forth for public comments. Paul reminded the membership again of the April 1st regularly scheduled meeting and clarified the start time of the May 6th special meeting as normal time (9:30AM). Members were thanked for staying late on Friday afternoon. None opposed. |
Advocacy committee will work on the date and what to do for Senior Day.
Meeting was adjourned. |
In compliance with the Open Meeting Act, notice of the date, time, and place of the regular meeting of the Oklahoma State Council on Aging was provided to the Secretary of State for posting on the Secretary of State website.
OKLAHOMA STATE COUNCIL ON AGING AGENDA
Regular Meeting
April 1, 2021 – 9:30 AM
Zoom Meeting
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Meeting ID: 954 8177 2674 Passcode: 206147
Minutes
Members Present: Esther Houser, Cathy Howard, Jean Kelsey, Fred Mensah, Margo Mitchell, Paul Needham, Ruth Rolfe, Blair Schoeb, Ruth Tatyrek
Members Absent: Chalon Anderson, Theo Crawley, Walker Davis, Lola Edwards, Trish Emig, Charity Helms, Jacqueline Millspaugh, Shaunda Noah, Patrick O’Kane, Willa Olden, Teresa Rendon, Carla Scull, Tammy Vaughn
Advisory Committee Present: Anne Davis, Annette Mays, Germaine Odenheimer, Ray Walker
Advisory Committee Absent: Mary Brinkley
Present for OKDHS: Jeromy Buchanan, William Whited, Nadine Walters, Miranda Kieffer, Shirley Cox, Chelsea Wells
Agenda Item |
Discussion/Conclusion |
Recommendation |
Action/Follow-up |
Call Meeting to Order
Pledge of Allegiance
Roll Call
Compliance with
|
The Chair called meeting to order.
Vice Chair led the Pledge of Allegiance. |
Roll was called
The Council was in compliance. |
Quorum was not established. |
Approval of March 5, 2021 meeting minutes
Chair’s Report |
Recruitment is ongoing. Two potential members have been identified for the 3 council vacancies and the one at large vacancy. Orientations for 2 new members will be held on May 6th after the council meeting. Proposed by-law changes will be discussed at the May 6th meeting. The changes include renaming of the committee due to the Aging and APS merger, committee restructuring and wording. |
Minutes were not approved because the quorum was not met.
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Director’s Report |
DHS held/is holding a roundtable to discuss the desired outcomes for clients and identify gaps in services. DHS has begun a soft re-opening for workers to return to the offices 2-3 days a week. This will allow for walk-in traffic to resume. Leadership has met to discuss Hope Centers and will begin touring facilities to pilot a senior Hope Center. Senior Day will not be at the capital this year. The Alzheimer’s Association has offered their Zoom line to accommodate anyone who wishes to attend virtually. The governor is providing a prerecorded video and several legislators will make an appearance. |
DHS needs to make the locations of offices that are open to be easy to find on the website. |
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Legislative Issues |
Hope Centers letter cannot be sent at this time without a quorum. Paul will make a few changes and it will be revisited on May 6th.
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| Next Meeting Dates Adjournment |
May 6, 2021, 9:30 a.m., DHS Aging Services, Contact: Miranda.Kieffer@okdhs.org Location: Zoom |
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Notice of the date, time, and place of the regular meeting of the Oklahoma State Council on Aging was provided to the Secretary of State for posting on the Secretary of State website. In addition, public notice of the date, time, and place of the meeting and the Agenda was posted on the OKDHS website.
Oklahoma State Council on Aging-- Meeting Notices for 2021
September 2, 2021, 9:30 a.m., DHS Aging Services, Contact: Miranda.Kieffer@okdhs.org
Location: 400 NE 50th St, Oklahoma City, OK 73105
December 2, 2021, 9:30 a.m., DHS Aging Services, Contact: Miranda.Kieffer@okdhs.org
Location: 400 NE 50th St, Oklahoma City, OK 73105
Oklahoma Aging Partnership
Oklahoma Alliance on Aging
Oklahoma Silver Haired Legislature Alumni Association
Oklahoma State Council on Aging
2021 Letter to Legislators
March 03, 2021
Dear Legislator,
The Oklahoma Aging Partnership (OAP) is a non-partisan coalition comprised of the Oklahoma Alliance on Aging, the Oklahoma Silver-Haired Legislature Alumni Association and the Oklahoma State Council on Aging. Collectively, the OAP has identified key pieces of proposed legislation that will positively or negatively impact older Oklahomans. The collective decision to support or oppose legislation was made based on the current version of the bills as of March 2, 2021. We will appreciate your support of the Aging Partnership’s positions and welcome your questions.
OAP SUPPORTS:
House Bill 1019 (Rep. Rande Worthen) – Requires insurance carriers to cap copayments for a 30-day supply of any type of insulin at an amount not to exceed $100, regardless of the amount or type of insulin needed. The bill also authorizes insurance carriers to reduce copayment amounts below the cap. The measure requires the Insurance Commissioner to enforce compliance of the cap on copayments and authorizes the Commissioner to promulgate rules, as necessary.
House Bill 1794 (Rep. Nicole Miller and Sen. Adam Pugh) – Directs that any long-term care provider or retirement community that advertises care or treatment of people with Alzheimer’s Disease or other forms of Dementia to disclose the nature of that care on a Disclosure Form required by the State Department of Health. The bill’s current language is widely supported by aging advocates and is a priority bill for the Oklahoma Chapter of the Alzheimer’s Association and the OAP.
House Bill 1845 (Rep. Andy Fugate and Sen. J.A. Dossett) – Requires a vehicle’s headlamps to be on at all times during inclement weather, This bill continues to be a priority issue of the Oklahoma Silver-Haired Legislature and is strongly supported by the OAP. Older Oklahomans need this extra safety measure.
House Bill 1877 (Rep. Tammy West and Sen. Bill Coleman) – Modifies the criteria for use of an anti-psychotic drug for
A Resident of an Assisted Living facility or a nursing facility. This bill builds on law passed in 2019.
House Bill 2544 (Rep. Preston Stinson) – Modifies the crimes for which persons shall be required to serve not less than85% of their sentence to include abuse of any vulnerable adult, not just those who are nursing home facility residents.
House Bill 2649 (Rep. Jon Echols and Sen. Tom Dugger) – Creates the OK Durable Medical Equipment Licensing Act which requires providers of durable medical equipment to be licensed.
HB 2644 (Rep. Jon Echols) – Would allow Virtual meetings of public bodies until March 31, 2024. This bill is supportive of Older Oklahomans who serve on public bodies, even when there is not a public health emergency.
Senate Bill 58 (Sen. Dave Rader and Rep. Jon Echols) – Exempts practitioners from the electronic prescription
requirements when ordering a controlled, dangerous substance to be administered through the hospice program.
Senate Bill 198 (Rep. Paul Rosino and Rep. Mark Lawson) – Relates to determining the “least restrictive alternative”in the OK Guardianship and Conservatorship Act, in order that fewer rights of the person are restricted than would be restricted if a guardian or conservator were appointed for the person.
Senate Bill 388 (Sen. Paul Rosino and Rep. Josh West) – Adds Advanced Practice Registered Nurse to the practitioners who can administer care in home settings.
OAP OPPOSES:
Senate Bill 42 (Sen. Dave Rader and Rep. Sheila Dills) – This bill expands exemptions in the Home Care Act to allow more home care agency staff to work without Oklahoma certification/licensure. Such an exemption would place more frail, vulnerable Older Oklahomans at risk of neglect and other harm from loosely supervised personnel sent to their homes to provide “care”. Training and certification of staff who work in elders’ homes is vital for the protection of these vulnerable Oklahomans.
Senate Bill 689 (Sen. Adam Pugh) – Modifies membership of the Advisory Committee on Medical Care for Public Assistance Recipients (MAC) at the Oklahoma Health Care Authority. This bill deletes Consumer representation from organizations for the Elderly, Children, persons with Developmental Disabilities, specific others, and one of the two Nursing Home associations (profit or non-profit?) from membership. The OAP strongly opposes this bill.
Senate Bill 820 (Sen. Adam Pugh and Rep. Marcus McEntire) – This bill “declassifies” multiple State Department of Health positions, including those personnel who are categorized as “Investigators”. The Oklahoma Aging Partnership organizations oppose the removal from Classified (protected) service of ANY State employee who investigates complaints or crimes, inspects facilities, agencies or businesses that are licensed by the State, or advocates for the rights of vulnerable Oklahomans of any type. Such positions in any State Agency should not be subject to removal of an incumbent for political reasons, or due to political pressure, or for any reason other than Cause. The Merit System provides protections for State Employees whose jobs involve protection of Oklahoma Citizens. Those Employee Protections should not be removed. OAP also opposes similar bills, including Senate Bills 232 and 876. Those of us who lived under a “patronage” system in the past know we should not return to those times.
Senate Bill 913 (Sen. Julie Daniels and Rep. Tom Gann) – Provides for the Legislature to repeal an agency rule by joint resolutions and removes the Governor’s authority to repeal agency rules by declaration. The measure also directs the President Pro Tempore and Speaker of the House to establish a Joint Committee on Administrative Rules. The Joint Committee shall consider proposed rules, amending rules, and repeal requests submitted by an agency. Those rules approved by the Committee shall be presented to the Legislature for final approval for repeal. Emergency rules must be sent to the Chairs of the Joint Committee in addition to the other recipients outlined in current law. The measure creates a new section of law in the Act by providing for the expedited repeal of rules beginning September 1, 2021.
BILLS OF CONCERN:
House Bill 1677 (Rep. Marilyn Stark and Sen. Darrell Weaver) and
House Bill 2566 (Rep. Chad Caldwell and Sen. Greg McCortney)
These bills both attempt to address the important issue of social isolation that many Residents of Long-Term Care Facilities have experienced during the past year, due to COVID-19 restrictions on visitation. They both attempt to address access issues for family and friends of Residents and contract services hired to support Residents in such facilities. But each bill raises concerns related to “assigning” care-giving responsibilities to “compassionate caregivers” without reaffirming the facility’s responsibility to provide staff adequate in training and numbers to meet the needs of ALL the Residents. In addition, both bills allow a Resident’s designated representati
OKLAHOMA STATE COUNCIL ON AGING AGENDA
2021 ADVOCACY AND LEGISLATIVE AGENDA
Support legislation that provides for adequate funding of aging network programs and programmatic innovations to improve the lives of older Oklahomans.
Support legislation that improves the lives of grandparents needing access to or providing services for grandchildren.
Support funding and expansion of efforts to foster independence of older Oklahomans who desire to reside in their homes.
SB300 by Sen. Paul Rosino (R- Oklahoma City) and Rep. Chris Kannady (R-Oklahoma City) requires courts, which ordered temporary guardianship of a vulnerable adult as a result of emergency circumstances, to dismiss the guardianship order once the emergency conditions have ended Signed by Governor
Support efforts to pass or strengthen laws to increase the financial independence of older Oklahomans and access to transportation of older Oklahomans
Support laws that promote the health and safety of older Oklahomans and caregivers
SB388 by Sen Paul Rosino (R- Oklahoma City) and Rep. Josh West (R-Grove) directs that home care eligibility for patients be certified and overseen by healthcare providers, including physicians, physician assistants, or registered nurses. Sent to Governor
Support legislation that protects seniors and persons with disabilities from fraud, abuse, and exploitation.
HB2544 by Rep. Preston Stinson (R-Edmond) provides that a person convicted of abuse of vulnerable adult must serve eighty-five percent (85%) of any sentence of imprisonment imposed. Signed to Governor
Defend the rights of older Oklahomans and protect the services they need to survive and thrive
HB 1124 by Rep. Logan Phillips (R- Mounds) Sen. James Leewright (R-Sapulpa) directs the OK Department of Commerce, with the Broadband Rural Expansion Council, to establish the rules and procedures necessary for the OK Broadband Deployment Grants Program. Set on House Floor Agenda
HB2928 by Speaker Charles McCall (R- Atoka)) and James Leewright (R- Sapulpa) requires contractors to provide existing and new mapping of the broadband with the accompanying network speeds. Signed by Governor
SB198 by Sen. Paul Rosino (R- Oklahoma City) and Rep. Mark Lawson (R- Sapulpa) requires exploration of less restrictive alternatives to guardianship, including supported decision-making, and requires court orders of guardianship to state that less restrictive options have been attempted. Sent to Governor
Support efforts to pass or strengthen laws that improve the lives of Oklahoma Long Term Care (LTC) facility residents and protect their rights while in LTC.
HB1010 by Rep. Trish Ranson ( D- Stillwater) and Sen. Dave Rader (R-Tulsa) creates the Advisory Council on Traumatic Brain Injury to review and gather data on traumatic brain injuries within the State and to make related recommendations; includes survey of nursing homes. Set on House Floor Agenda
HB1794 by Rep. Nicole Miller (R-Edmond) and Sen. Adam Pugh (R- Edmond) provides that a facility that promotes itself as providing care or treatment to persons with Alzheimer's or other forms of dementia shall disclose the type of care memory care or treatment provided that distinguishes it as being especially applicable to or suitable for such persons. Referred to House Conference Committee
HB1877 by Rep. Tammy West (R- Bethany) and Sen. Bill Coleman (R- Ponca City) provides regulations for the management of antipsychotic drugs for residents of assisted living centers. Signed by Governor
HB2566 by Rep Chad Caldwell (R-Enid) provides every long-term care facility must provide reasonable access to a resident by immediate family, other relatives of the resident, and Long-Term Care Ombudsman, subject to the person’s or representative’s right to deny access. A visitation plan mut submitted and no long-term care facility may unilaterally eliminate visitation, except as provided in the plan. Signed by Governor
SB782 by Sen. Jessica Garvin (R-Duncan) and Rep. Marcus McEntire (R-Duncan) allows pharmacies to establish a policy of dispensing drugs to any residential facility for an emergency medication kit containing certain medications, which must be accompanied by a written prescription. Sent to Governor
DORMANT BILLS
HB1008 by Rep. Carol Bush (R-Tulsa) and Sen. Jessica Garvin (R-Duncan) directs the Dept. of Health to work with health care providers to develop standards and guidelines for medical-legal partnership programs. Dormant
HB1677 by Rep. Marilyn Stark (R-Bethany) and Sen. Darrell Weaver (R-Moore) permits long-term care and assisted living facilities to designate certain family members of residents as compassionate caregivers, such persons to be granted additional privileges to assist with care. Dormant
HB1879 by Rep. Tammy West (R- Bethany) permits residents of assisted living centers to designate multiple representatives to make certain determinations. Dormant
HB2119 by Rep. Marcus McEntire (R-Duncan) and Sen. Greg McCortney (R-Ada) directs the Health Care Authority to allocate enhanced Federal Medical Assistance Percentage payments from funds made available during certain public health emergencies to nursing facilities. Dormant
HB2833 by Rep. Chris Sneed (R-Fort Gibson) creates the Grandparents' Rights Act of 2021 (Shell bill) Dormant
SB328 by Sen. Rob Standridge (R- Norman) and Cyndi Munson (D- Oklahoma City) provides for a sales tax exemption on personal purchases of hearing aids. (Silver Haired Legislature Bill) Dormant
SB351 by Rep. Warren Hamilton (R- McCurtain) requires medical practitioners to offer pharmacogenomic tests to patients prior to prescribing psychotrophic medications, to obtain patients' prior consent, and to provide certain related information. Dormant
SB519 by Sen. Cody Rogers (R-Tulsa) amends the Nursing Home Care Act to provide for minimum standards to be developed by the Dept. of Health for off unit visitation facilities within certain nursing facilities such as an outdoor service area or visitation hall where available. Dormant
SB586 by Sen. Jessica Garvin (R-Duncan) requires medical practitioners to obtain informed consent from all patients prior to treatment, with exceptions for certain emergency situations, and provides a process if the patient lacks decision-making capacity. Dormant
SB719 by Sen. Greg McCortney (R- Ada) transfers the duties and powers of the State Board of Examiners for Long-Term Care Administrators to the Dept. of Health and designated for the Long-Term Care Facility Advisory Board. Dormant
SB726 by Sen. Nathan Dahm (R- Broken Arrow) amends the Nursing Home Care Act by repealing sections relating to the Residents and Family State Council. Dormant
SB746 by Sen. Greg McCortney (R- Ada) and Rep. Marcus McEntire (R-Duncan) relates to long-term care providers, administrators, and employees, requires the Dept. of Health investigate and maintain a database including participants' no call/no show history. Dormant
SB664 by Sen. Julia Daniels (R-Bartlesville) grants cause of action for damages to vulnerable adults and their guardians where such vulnerable adults have been subject to abuse or neglect. Dormant
SB1029 by Se. Pro Tem Greg Treat (R- Oklahoma City) and Rep. Chris Kannady (R-Oklahoma City) directs courts to make a determination in guardianship proceedings as to whether or not the ward has sufficient capacity to vote. Dormant
Shirley A. Cox, Legal Services Developer/ALJ
William Whited, State Long Term Care Ombudsman
Shirley.Cox@okdhs.org
William.Whited@okdsh.org
April 27, 2021
May 6, 2021
Director Justin Brown
2400 N. Lincoln Blvd.
Oklahoma City, OK 73125-0352
Dear Director Brown,
I am writing you today on behalf of the State Council for Community Living, Aging and Protective Services (Council). Last September, Director Buchanan provided the Council an overview of the HOPE-centered concept which the DHS has adopted. The Council membership was heartened to learn about the renewed emphasis on establishing DHS partnerships with other organizations throughout Oklahoma’s communities.
Council members have noticed the Hope Centers in their communities. However, obtaining information about what is provided in the Centers was difficult. There appears to be little media coverage of the Centers. Hopefully, this will not be the case when the Senior Community Hope Center opens in Oklahoma City.
Often, Older Oklahomans or their family members, don’t know where to start to obtain information about available community resources, as well as other resources, to help Older Oklahomans meet their basic care needs. At our Council meeting, April 1st, Director Buchanan gave us the good news that you are moving forward with plans to create a Senior Hope Center in Oklahoma County. The Council is very encouraged by this. The Council is hopeful similar support can be provided and expanded throughout the state for Oklahoma’s Elders.
If the Council can help to expedite having this information available in the community Hope Centers, please let us know. Older Oklahomans have experienced a devastating impact from COVID-19, especially those Older Oklahomans residing in long-term care settings. Over the past year, Oklahoma’s Elders and their family members needed access to support services which would have provided information, as well as service referrals, to help meet their basic care needs. That need has not gone away.
If the Council can help you make this happen, Director Brown, please let us know. Thank you for administering the services you provide to many, vulnerable Oklahomans.
Sincerely,
Paul Needham, Chair,
State Council on Community Living, Aging and Protective Services
