Okla. Stat. tit. 63, § 63-1-1914.1

determining appropriate remedy.

A. For violations of the Nursing Home Care Act, the rules

promulgated thereto, or Medicare/Medicaid certification regulations:

1. The State Department of Health shall seek remedial action

against a licensee, owner or operator of a facility and may, after

notice and opportunity for a hearing, impose the remedy most likely

to:

a. gain and ensure continued compliance with the Nursing

Home Care Act, the rules promulgated thereto, or

federal certification standards or both rules and

standards, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 683

b. provide for the financial operation of the facility

that ensures the health, safety and welfare of the

residents;

2. In the alternative or in addition to any remedial action,

the State Commissioner of Health may direct the Oklahoma Health Care

Authority to withhold vendor payments due to a facility under its

programs until such time as the corrections are made;

3. The Department may deny, refuse to renew, suspend or revoke

a license, ban future admissions to a facility, assess

administrative penalties, or issue a conditional license; and

4. a. Pursuant to an investigation or inspection that

reveals a willful violation of rules pertaining to

minimum direct-care staffing requirements, the

Commissioner shall notify the Oklahoma Health Care

Authority and the Authority shall withhold as a

penalty a minimum of twenty percent (20%) of the

vendor payments due the facility under its programs

for each day such violation continues.

b. The Commissioner shall impose an equivalent penalty

amount under licensure standards for a facility that

does not receive vendor payments under its program

that is in willful violation of rules pertaining to

minimum direct-care staffing requirements.

B. Whenever the Department takes remedial action against a

facility because the financial condition of the facility has

endangered or is at risk of endangering the proper operation of the

facility or the health, safety or welfare of the residents of the

facility, the Department shall also review the conditions of all

other facilities in this state owned or operated by a person with a

controlling interest as defined Section 1-851.1 of this title, and

may take remedial action against the facilities as necessary or

appropriate.

C. Remedial action as provided in subsection A or B of this

section shall be based on current and past noncompliance or

incomplete or partial compliance; repeated violations; or failure to

substantially comply with the Nursing Home Care Act and rules

promulgated thereto. In determining the most appropriate remedy,

the Department shall consider at least the following:

1. The nature, circumstances and gravity of the violations;

2. The repetitive nature of the violations at the facility or

others operated by the same or related entities;

3. The previous degree of difficulty in obtaining compliance

with the rules at the facility or others operated by the same or

related entities; and

4. A clear demonstration of good faith in attempting to achieve

and maintain continuing compliance with the provisions of the

Nursing Home Care Act.

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