HB 1403 Summary

• Creates the "Nondiscrimination in Treatment Act" codified in Oklahoma Statutes Title 63, Sections 3090.1-3090.4

• Prohibits health care providers from denying life-preserving health care services based on the patient's age, disability status, or terminal illness, or disagreement with how the patient values extending life versus risk of disability

• Defines key terms including "health care provider," "health care service," "life-preserving health care service," and "person legally authorized to make health care decisions"

• Allows health care providers to defend against claims by proving legitimate, nondiscriminatory reasons for treatment denial, subject to plaintiff's opportunity to prove the reasons are discriminatory in application

• Permits injunctive relief actions by affected patients or their authorized decision-makers, but specifies that violations do not constitute negligence per se for civil damages purposes

• Effective date: November 1, 2013