Okla. Stat. tit. 63, § 63-1-1949.7

A. The Department shall give a long-term care administrator who

the Department has determined, upon investigation, has violated the

provisions of this act an opportunity to participate in an

independent informal dispute resolution process of the case in

accordance with this section. The Department may contract with a

third-party vendor to provide the independent informal dispute

resolution.

B. The administrator shall make a written request to the

Department to participate in an informal dispute resolution. Upon

receipt of such request, the Department shall:

1. Refer the case to the informal dispute resolution provider,

if the Department contracts with a third-party vendor as described

in subsection A of this section, and the informal dispute resolution

provider shall:

a. schedule a time and date for an informal dispute

resolution meeting and inform the parties of such time

and date, and

b. appoint an impartial decision-making panel to conduct

the informal dispute resolution as provided by

subsection C of this section; or

2. If the Department does not contract with a third-party

vendor as described in subsection A of this section, the Department

shall:

a. schedule a time and date for an informal dispute

resolution meeting and inform the parties of such time

and date, and

b. appoint an impartial decision-making panel to conduct

the informal dispute resolution as provided by

subsection C of this section.

C. The impartial decision-making panel shall be a group of six

(6) individuals who meet the following criteria:

1. Three members shall be impartial volunteers who have

experience in the operation of the same type of long-term facility

as the administrator who is the subject of the complaint. Such

Oklahoma Statutes - Title 63. Public Health and Safety Page 755

volunteers may include, but not be limited to, an administrator,

assistant administrator, owner, operator, director of nursing, or

compliance executive of an appropriate long-term care facility, but

shall not include any person with a direct financial interest in any

facility that employs or contracts with the administrator who is the

subject of the complaint; and

2. Three members shall be persons representing the aging or

disabled community, as appropriate for the type of long-term

facility whose administrator is the subject of the complaint.

D. Each party shall submit to the impartial decision-making

panel all documentary evidence that the party believes has a bearing

on or relevance to the violation or violations alleged by the

Department in the complaint.

E. The Department shall present initial arguments. The

administrator shall then present his or her arguments. The informal

dispute resolution shall be limited to no more than two (2) hours in

length, with each party being permitted one (1) hour to present its

arguments; however, the impartial decision-making panel may grant

each party additional equal time for good cause as determined by the

impartial decision-making panel.

F. Rules of evidence or procedure shall not apply to the

informal dispute resolution except as provided in this section. The

impartial decision-making panel may:

1. Accept any information that the impartial decision-making

panel deems material to the issue being presented; and

2. Reject any information that the impartial decision-making

panel deems immaterial to the issue being presented.

G. The informal dispute resolution may not be recorded;

however, the impartial decision-making panel may make written or

recorded notes of the arguments.

H. 1. Only employees of or health care providers contracted by

the facility where the administrator who is the subject of the

complaint is employed may appear or participate in the informal

dispute resolution on behalf of the administrator, except that the

administrator may call one character witness to appear and testify

on his or her behalf.
ake written or

recorded notes of the arguments.

H. 1. Only employees of or health care providers contracted by

the facility where the administrator who is the subject of the

complaint is employed may appear or participate in the informal

dispute resolution on behalf of the administrator, except that the

administrator may call one character witness to appear and testify

on his or her behalf.

2. Only employees of the Department may appear or participate

at the meeting for, or on behalf of, the Department for the purpose

of presenting arguments. In addition to such employees, one or more

employees of the Department may provide technical assistance to the

impartial decision-making panel at the panel’s request. Any

employee of the Department who participates in the informal dispute

resolution process as described in this paragraph shall have no

current involvement in long-term care facility surveys including but

not limited to the informal dispute resolution process described in

Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the

alternative informal dispute resolution process described in Section

Oklahoma Statutes - Title 63. Public Health and Safety Page 756

1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long-term

care facilities.

3. The State Long-Term Care Ombudsman or designee may appear at

or participate in the informal dispute resolution.

4. No party may be represented by an attorney in the informal

dispute resolution.

I. The informal dispute resolution process is limited to

violations alleged by the Department in the complaint. If the

impartial decision-making panel finds that matters not subject to

the informal dispute resolution are presented, the impartial

decision-making panel shall strike all documentary evidence related

to or presented for the purpose of disputing the matter not subject

to the informal dispute resolution. The impartial decision-making

panel may not include in the statement of findings described in

subsection J of this section any matter not subject to the informal

dispute resolution.

J. Upon the conclusion of all arguments by the parties at the

informal dispute resolution, the impartial decision-making panel

shall issue a written statement of findings, which shall be provided

to all parties and which shall include:

1. A summary of any alleged violations;

2. A statement of whether the impartial decision-making panel

agrees that the alleged violation or violations occurred;

3. The facts and persuasive arguments that support the finding

of the impartial decision-making panel for each alleged violation;

and

4. A recommendation on appropriate disciplinary action against

the administrator, if any.

K. If the impartial decision-making panel cannot reach a

majority decision on the findings of the informal dispute resolution

as described in subsection J of this section, the State Commissioner

of Health may intervene for the purpose of breaking a tie.

L. The Department shall review the findings of the impartial

decision-making panel and shall take such findings into

consideration when determining whether to pursue further

disciplinary action against the administrator.