Okla. Stat. tit. 63, § 63-1-1940

Complaints.

A. The operation or maintenance of a facility in violation of

the Nursing Home Care Act or rules promulgated by the State Board of

Health, pursuant thereto, is hereby declared a public nuisance,

inimical to the public welfare.

B. The State Commissioner of Health or the Department of Human

Services, in the name of the people of the state, through the

Attorney General, or the district attorney of the county in which

the facility is located, may, in addition to other remedies herein

provided, bring action for an injunction to restrain such violation

or to enjoin the future operation or maintenance of any such

facility.

C. 1. Any person with personal knowledge or substantial

specific information who believes that the Nursing Home Care Act, a

rule promulgated thereto, or a federal certification rule applying

to a facility may have been violated may file a complaint.

2. The complaint may be submitted to the State Department of

Health, in writing, by telephone, or personally. An oral complaint

shall be reduced to writing by the Department.

3. Any person who willfully or recklessly makes a false

complaint or a report without a reasonable basis in fact for such a

complaint, under the provisions of the Nursing Home Care Act, shall

be liable in a civil suit for any actual damages suffered by a

facility for any punitive damages set by the court or jury which may

be allowed in the discretion of the court or jury when deemed proper

by the court or jury.

4. The substance of the complaint shall be provided to the

licensee, owner or administrator no earlier than at the commencement

of the on-site inspection of the facility which takes place pursuant

to the complaint.

5. Upon receipt of a complaint pursuant to this subsection, the

Department shall determine whether the Nursing Home Care Act, a rule

promulgated pursuant thereto, or a federal certification rule for

facilities has been or is being violated and whether the Department

Oklahoma Statutes - Title 63. Public Health and Safety Page 731

has jurisdiction over the complaint area. If the Department does

not have jurisdiction over the complaint area, the complaint shall

not be investigated by the Department and notice of the decision not

to investigate shall be given to the complainant. The complaint

shall be immediately referred to the appropriate agency having

jurisdiction over the complaint area. A report summarizing the

complaint investigation shall be made in writing. The Department

shall give priority to investigations of complaints which allege

continuing violations or which threaten the health and safety of

residents.

6. In all cases, the Department shall inform the complainant of

its findings within ten (10) working days of its determination

unless otherwise indicated by the complainant. The complainant may

direct the Department to send a copy of such findings to one other

person. The notice of such findings shall include a copy of the

written determination, the remedial action taken, if any, and the

state licensure or federal certification, or both, on which the

violation is listed.

D. 1. Upon receipt of a complaint submitted to the State

Department of Health by the Department of Human Services or the

Attorney General which alleges a violation of the Nursing Home Care

Act, any rule promulgated thereto, or federal certification rules,

and which also alleges that such violation is a serious threat to

the health, safety and welfare of a resident of a nursing facility,

the State Department of Health shall take immediate action to remedy

the violation based upon the complaint of the Department of Human

Services.

2. The Department of Human Services or the Attorney General as

applicable shall be deemed a party pursuant to the Administrative

Procedures Act for purposes of any complaint made by the Department

of Human Services or the Attorney General as applicable to the State
ment of Health shall take immediate action to remedy

the violation based upon the complaint of the Department of Human

Services.

2. The Department of Human Services or the Attorney General as

applicable shall be deemed a party pursuant to the Administrative

Procedures Act for purposes of any complaint made by the Department

of Human Services or the Attorney General as applicable to the State

Department of Health for violations of the Nursing Home Care Act,

rules promulgated thereto or federal certification rules.

a. Within thirty (30) days of receipt of a final

investigative report submitted by the Department of

Human Services or the Attorney General as applicable

pursuant to this section, the State Department of

Health shall provide the Department of Human Services

with a written summary of any action taken pertaining

to the complaint including, but not limited to, any

inspection or actions which may be taken by the State

Department of Health.

b. Whenever the Department of Human Services or the

Attorney General as applicable believes that the

conditions giving rise to a complaint alleging a

serious threat to the health, safety and welfare of a

resident of a nursing facility have not been

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adequately addressed, the Department of Human Services

may request a hearing on the complaint as provided by

Section 309 of Title 75 of the Oklahoma Statutes.

E. A written determination, notice of violation and remedial

action taken concerning a complaint shall be available for public

inspection at the facility.

F. The Department shall seek any remedial action provided under

the Nursing Home Care Act for violations documented during complaint

investigations.

G. The State Board of Health shall promulgate rules governing

the receipt, investigation and resolution of complaints and reports

of violations. The rules promulgated by the Board shall provide for

the expeditious investigation and resolution of a complaint or

report including, but not limited to:

1. An easily understood and readily accessible method of

submitting complaints and reports regarding complaints;

2. Actions to be taken upon the receipt of a complaint or

report of a complaint;

3. Establishing a priority for investigations of complaints.

Specifically, the Department shall give higher priority to

investigations of complaints which allege continuing violations or

which threaten the health, safety or welfare of residents;

4. The timely investigation of the complaint or report of a

complaint;

5. Written reports to the complainants or persons filing the

complaint report;

6. Any necessary or appropriate remedial action as determined

by the findings of the investigation;

7. The protection of the identity of the complainant, provided

that the person is a current or past resident or resident’s

representative or designated guardian or a current or past employee

of a facility;

8. Specific information to be included in investigative

protocols which must include at a minimum an interview with:

a. the complainant,

b. the resident, if possible, and

c. any potential witness, collateral resource or affected

resident; and

9. Any additional rules necessary for the timely and thorough

investigation and resolution of complaints.

H. The Department is authorized to employ hearing officers, and

hire attorneys to represent the Department and Commissioner to

ensure that this and other laws pertaining to the Department are

properly executed.