{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-860.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-860.4","heading":"Requirements and conditions for hospices - Hospice","body":"teams - Records - Governing body - Administrators.\n\nA. A hospice shall comply with the following:\n\n1. A hospice shall coordinate its services with those of the\n\npatient's primary or attending physician;\n\n2. A hospice shall coordinate its services with professional\n\nand nonprofessional services already in the community. A hospice\n\nmay contract for some elements of its services to a patient and\n\nfamily, provided direct patient care is maintained with the patient\n\nand the hospice team so that overall coordination of services can be\n\nmaintained by the hospice team. The majority of hospice services\n\navailable through a hospice shall be provided directly by the\n\nlicensee. Any contract entered into between a hospice and health\n\ncare provider shall specify that the hospice retain the\n\nresponsibility for planning, coordinating and prescribing hospice\n\nservices on behalf of a hospice patient and the hospice patient's\n\nfamily. No hospice may charge fees for services provided directly\n\nby the hospice team which duplicate contractual services provided to\n\nthe patient or the patient's family;\n\n3. The hospice team shall be responsible for coordination and\n\ncontinuity between inpatient and home care aspects of care;\n\n4. A hospice shall not contract with a health care provider or\n\nanother hospice that has or has been given a conditional license\n\nwithin the last eighteen (18) months;\n\n5. Hospice services shall provide a symptom control process, to\n\nbe provided by a hospice team skilled in physical and psychosocial\n\nmanagement of distressing signs and symptoms;\n\n6. Hospice care shall be available twenty-four (24) hours a\n\nday, seven (7) days a week;\n\n7. A hospice shall have a bereavement program which shall\n\nprovide a continuum of supportive and therapeutic services for the\n\nfamily;\n\n8. The unit of care in a hospice program shall be composed of\n\nthe patient and family;\n\n9. A hospice program shall provide a continuum of care and a\n\ncontinuity of care providers throughout the length of care for the\n\npatient and to the family through the bereavement period;\n\n10. A hospice program shall not impose the dictates of any\n\nvalue or belief system on its patients and their families;\n\n11. a. Admission to a hospice shall be upon the order of a\n\nphysician licensed pursuant to the laws of this state\n\nand shall be dependent on the expressed request and\n\ninformed consent of the patient and family.\n\nb. The hospice program shall have admission criteria and\n\nprocedures that reflect:\n\n(1) the patient and family's desire and need for\n\nservice,\n\n(2) the participation of the attending physician, and\n\n(3) the diagnosis and prognosis of the patient.\n\nc. (1) Any hospice or employee or agent thereof who\n\nknowingly or intentionally solicits patients or\n\npays to or offers a benefit to any person, firm,\n\nassociation, partnership, corporation or other\n\nlegal entity for securing or soliciting patients\n\nfor the hospice or hospice services in this\n\nstate, upon conviction thereof, shall be guilty\n\nof a misdemeanor and shall be punished by a fine\n\nof not less than Five Hundred Dollars ($500.00)\n\nand not more than Two Thousand Dollars\n\n($2,000.00).\n\n(2) In addition to any other penalties or remedies\n\nprovided by law:\n\n(a) a violation of this section by a hospice or\n\nemployee or agent thereof shall be grounds\n\nfor disciplinary action by the State\n\nDepartment of Health, and\n\n(b) the State Department of Health may institute\n\nan action to enjoin violation or potential\n\nviolation of this section. The action for\n\nan injunction shall be in addition to any\n\nother action, proceeding or remedy\n\nauthorized by law.\n\n(3) This subparagraph shall not be construed to\n\nprohibit:\n\n(a) advertising, except that advertising which:\niplinary action by the State\n\nDepartment of Health, and\n\n(b) the State Department of Health may institute\n\nan action to enjoin violation or potential\n\nviolation of this section. The action for\n\nan injunction shall be in addition to any\n\nother action, proceeding or remedy\n\nauthorized by law.\n\n(3) This subparagraph shall not be construed to\n\nprohibit:\n\n(a) advertising, except that advertising which:\n\n(i) is false, misleading or deceptive,\n\n(ii) advertises professional superiority or\n\nthe performance of a professional\n\nservice in a superior manner, and\n\n(iii) is not readily subject to verification,\n\nand\n\n(b) remuneration for advertising, marketing or\n\nother services that are provided for the\n\npurpose of securing or soliciting patients,\n\nprovided the remuneration is:\n\n(i) set in advance,\n\n(ii) consistent with the fair market value\n\nof the services, and\n\n(iii) not based on the volume or value of any\n\npatient referrals or business otherwise\n\ngenerated between the parties, and\n\n(c) any payment, business arrangements or\n\npayments practice not prohibited by 42\n\nU.S.C., Section 1320a-7b(b), or any\n\nregulations promulgated pursuant thereto.\n\n(4) This paragraph shall not apply to licensed\n\ninsurers, including but not limited to group\n\nhospital service corporations or health\n\nmaintenance organizations which reimburse,\n\nprovide, offer to provide or administer hospice\n\nservices under a health benefits plan for which\n\nit is the payor when it is providing those\n\nservices under a health benefits plan;\n\n12. A hospice program shall develop and maintain a quality\n\nassurance program that includes:\n\na. evaluation of services,\n\nb. regular chart audits, and\n\nc. organizational review; and\n\n13. A hospice program shall be managed by an administrator\n\nmeeting the requirements as set forth in Section 1-862 of this\n\ntitle.\n\nB. A hospice team shall consist of, as a minimum, a physician,\n\na registered nurse, and a social worker or counselor, each of whom\n\nshall be licensed as required by the laws of this state. The team\n\nmay also include clergy and such volunteers as are necessary to\n\nprovide hospice services. A registered nurse licensed pursuant to\n\nthe laws of this state shall be employed by the hospice as a patient\n\ncare coordinator to supervise and coordinate the palliative and\n\nsupportive care for patients and families provided by a hospice\n\nteam. Nothing in this section shall be construed as to require a\n\nhospice to employ a certified home health aide in the provision of\n\nhospice services so long as the hospice employs a certified nurse\n\naide.\n\nC. 1. An up-to-date record of the services given to the\n\npatient and family shall be kept by the hospice team. Records shall\n\ncontain pertinent past and current medical, nursing, social, and\n\nsuch other information that is necessary for the safe and adequate\n\ncare of the patient and the family. Notations regarding all aspects\n\nof care for the patient and family shall be made in the record.\n\nWhen services are terminated, the record shall show the date and\n\nreason for termination.\n\n2. Information received by persons employed by or providing\n\nservices to a hospice, or information received by the State\n\nDepartment of Health through reports or inspection shall be deemed\n\nprivileged and confidential information and shall not be disclosed\n\nto any person other than the patient or the family without the\n\nwritten consent of that patient, the patient's guardian or the\n\npatient's family.\n\nD. 1. A hospice program shall have a clearly defined and\n\norganized governing body, which has autonomous authority for the\n\nconduct of the hospice program.\n\n2. The hospice program shall have an administrator who shall be\n\nresponsible for the overall coordination and administration of the\n\nhospice program.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a8974e41dbb82bf5a05402ed8ef6a5d0288413d100cd2eaf0cdf059ced88b0b1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-860.3","next":"us-ok/okla.-stat.-tit.-63-63-1-860.5"},"notice":"GroundRules: Original legal text. Not legal advice."}