Okla. Stat. tit. 63, § 63-1-1912

orders - Appeal.

A. The State Department of Health shall promptly serve a notice

of violation upon a licensee whenever, upon inspection or

investigation, the Department determines that:

1. The facility is in violation of the Nursing Home Care Act,

any rule promulgated thereunder, or applicable federal certification

criteria; or

2. The financial condition of the facility poses an immediate

risk to the proper operation of the facility or to the health,

safety or welfare of the residents of the facility.

B. Each notice of violation shall be prepared in writing and

shall specify the nature of the violation, and the statutory

provision, rule or standard alleged to have been violated. The

notice of violation shall inform the licensee of its obligation to

file a plan of correction within ten (10) working days of receipt of

the notice of violation. In the case of a specialized facility for

individuals with intellectual disabilities, the Department shall

offer the licensee an informal opportunity comparable to the process

offered to Medicaid-certified nursing facilities pursuant to 42 CFR

488.331, in order to dispute the alleged violations.

C. The Department shall notify the licensee of its intent to

take any remedial action, impose administrative penalties, place a

monitor or temporary manager in the facility, issue a conditional

license, or suspend or revoke a license. The Department shall also

inform the licensee of the right to an informal dispute resolution,

hearing, or both.

D. Whenever the Department finds that an emergency exists

requiring immediate action to protect the health, safety or welfare

of any resident of a facility licensed pursuant to the provisions of

the Nursing Home Care Act, the Department may, without notice of

hearing, issue an order stating the existence of such an emergency

and requiring that action be taken as deemed necessary by the

Department to meet the emergency. The order shall be effective

immediately. Any person to whom such an order is directed shall

comply with such order immediately but, upon application to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 681

Department, shall be afforded a hearing within ten (10) business

days of receipt of the application. On the basis of such hearing,

the Department may continue the order in effect, revoke it, or

modify it. Any person aggrieved by such order continued after the

hearing provided in this subsection may appeal to the district court

in Oklahoma County within thirty (30) days. Such appeal when

docketed shall have priority over all cases pending on the docket,

except criminal cases. For purposes of this subsection, the State

Board of Health shall define by rule the term "emergency" to

include, but not be limited to, a life-endangering situation.

E. Within thirty (30) days of receipt of a plan of correction

by the State Department of Health from any facility operated by the

Oklahoma Department of Veterans Affairs, the State Department of

Health shall submit the results of the inspection, including a list

of deficiencies in the condition or operation of the facility and

recommendations for corrective measures in the form of a written

report to the person immediately responsible for the administration

of the facility inspected, to the Oklahoma Department of Veterans

Affairs, to the Governor, to the Speaker of the House of

Representatives, and to the President Pro Tempore of the Senate.

F. At the conclusion of an inspection, survey, or

investigation, the survey team's observations and preliminary

findings shall be discussed in an exit conference with the facility

personnel. During the exit conference, the facility shall be

provided with the opportunity to discuss and supply additional

information that they believe is pertinent to the preliminary

findings. The following shall be provided to the facility:

1. A written list containing preliminary areas of potential
tions and preliminary

findings shall be discussed in an exit conference with the facility

personnel. During the exit conference, the facility shall be

provided with the opportunity to discuss and supply additional

information that they believe is pertinent to the preliminary

findings. The following shall be provided to the facility:

1. A written list containing preliminary areas of potential

noncompliance with state requirements based on findings during the

survey, inspection or investigation. The information provided

should be adequate to notify staff of surveyor concerns regarding

preliminary findings that indicate actual harm or substandard

quality of care; and

2. Any additional noncompliance with state requirements

determined during the review of field notes or in preparation of the

final survey report will be communicated to the facility personnel

by email or phone before issuing the final survey report.