Okla. Stat. tit. 63, § 63-1-1965

A. Every person, corporation, partnership, association or other

legal entity desiring to obtain a license to establish, or to obtain

a renewal license to operate, a home care agency in this state shall

make application to the State Department of Health in such form and

accompanied by such information as the State Commissioner of Health

shall prescribe. Such information shall include, but not be limited

to:

1. The name and location of the home care agency for which a

license is sought; and

2. The name and address of the person or persons under whose

ownership, operation, management, or supervision the home care

agency will be conducted.

B. 1. An application for an initial license to establish or

operate a new home care agency shall be accompanied by a

nonrefundable application fee of up to Three Thousand Dollars

($3,000.00) not to exceed the reasonable costs incurred by the

Department in implementing the Home Care Act.

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2. An application for a license, or renewal thereof, to operate

an existing home care agency shall be accompanied by a nonrefundable

licensing fee of Five Hundred Dollars ($500.00).

3. An application for license, or renewal thereof, to establish

or operate a home care agency branch office of an agency licensed in

the State of Oklahoma shall be accompanied by a nonrefundable

licensing fee of Twenty-five Dollars ($25.00).

4. Funds collected pursuant to this section shall be deposited

in the Home Health Care Revolving Fund.

C. Disclosure statements shall be completed by the applicant

and all affiliated persons and such other legal entities specified

by this subsection. The disclosure statements shall be made a part

of the application and shall include, but not be limited to, the

following information:

1. The full name and address of the applicant, and all

affiliated persons;

2. The full name and address of any legal entity in which the

applicant holds a debt or equity interest of at least five percent

(5%) or which is a parent company or subsidiary of the applicant;

3. A description of any ongoing organizational relationships as

they may impact operations within the state; and

4. The names, locations, and dates of ownership, operation, or

management for all current and prior home care agencies owned,

operated or managed in this state or in any other state by the

applicant or by any affiliated persons.

D. An application for a license for a home care agency may be

denied by the Commissioner for any of the following reasons:

1. Failure to meet any of the minimum standards of the Home

Care Act or rules of the Board promulgated pursuant thereto; or

2. Conviction of the applicant, or any affiliated persons, for

any offense listed in subsection F of Section 1-1950.1 of this

title.

E. The license issued by the Commissioner shall:

1. Not be transferable or assignable except to any affiliated

person, parent company or subsidiary of the applicant or legal

entity which has an ongoing organizational relationship with the

applicant;

2. Be posted in a conspicuous place, open to the public, on the

licensed premises;

3. Be issued only for the premises named in the application;

and

4. Except as otherwise provided by this paragraph, expire on

July 31 of each year. The Department shall promulgate rules which

will authorize or allow:

a. the term of a renewal license issued pursuant to the

Home Care Act prior to the effective date of this act

which will expire prior to July 1, 1997, to be

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extended or any application fee or other fee required

by the Home Care Act to be prorated so that a renewal

license may be issued on August 1, 1997, and

b. the issuance of a new license, or a renewal license,

prior to or after the effective date of this act to

establish or operate a home care agency pursuant to
y 1, 1997, to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 790

extended or any application fee or other fee required

by the Home Care Act to be prorated so that a renewal

license may be issued on August 1, 1997, and

b. the issuance of a new license, or a renewal license,

prior to or after the effective date of this act to

establish or operate a home care agency pursuant to

the Home Care Act for less than one (1) year or the

proration of any application fee or other fee so

required so that a renewal license may be issued on

August 1, 1997.

F. After issuing a license, the Commissioner may revoke or

suspend the license based on any of the following grounds:

1. Violation of any of the provisions of the Home Care Act or

the rules or standards promulgated by the Board; or

2. Permitting, aiding, or abetting the commission of any

illegal act by a licensed home care agency.

G. The issuance or renewal of a license after notice of a

violation shall not constitute a waiver by the Department of its

power to rely on the violation as the basis for subsequent

revocation of a license or other enforcement action authorized by

the Home Care Act.

H. For purposes of this section:

1. "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as a general or

key manager who directs the operations of the facility

which is the subject of the application, and

c. any person owning or controlling more than five

percent (5%) of the applicant's debt or equity; and

2. "Subsidiary" means any person, firm, corporation or other

legal entity which:

a. controls or is controlled by the applicant,

b. is controlled by an entity that also controls the

applicant, or

c. the applicant or an entity controlling the applicant

has directly or indirectly the power to control.