Okla. Stat. tit. 63, § 63-1-1967a

A. Any person, other legal entity, or any governmental agency

may bring a civil action to restrain a provider of home care

services, or a person acting on behalf of the provider or under the

provider's control from, or for the collection of damages caused by:

1. Making or enforcing unconscionable terms or provisions of a

provider agreement;

2. Fraudulent or unconscionable conduct in inducing a patient

to enter into an agreement; or

3. Fraudulent or unconscionable conduct in collecting fees for

services.

B. In an action brought pursuant to this section, the court may

grant relief if it finds:

1. That the defendant has made unconscionable agreements or has

engaged in or is likely to engage in a course of fraudulent or

unconscionable conduct;

2. That the agreements or conduct of the defendant has caused

or is likely to cause injury to a patient; or

3. That the defendant has been able to cause or will be able to

cause injury primarily because of the nature of the services

involved.

C. In applying this section, consideration shall be given to

each of the following factors:

1. Belief by the defendant at the time the services were

provided that there was no reasonable probability of injury;

Oklahoma Statutes - Title 63. Public Health and Safety Page 792

2. Knowledge by the defendant at the time the services were

provided of the inability of the patient to receive substantial

benefit from the services provided;

3. Gross disparity between the price of the services provided

measured by the price at which similar services are readily

available or obtainable by like patients;

4. The fact that the defendant contracted for or received

separate or additional charges for services with the effect of

making the cost for the services provided, considered as a whole,

unconscionable;

5. The fact that the defendant has knowingly taken advantage of

the inability of the patient reasonably to protect the patient's

interests by reason of physical or mental infirmities, ignorance,

illiteracy, or inability to understand the language of the

agreements or similar factors; and

6. Any other fact.

D. In an action brought pursuant to this section, conduct, a

charge, or a practice expressly specified in this section shall not

in itself be deemed unconscionable.

E. With respect to an action brought to restrain actions

pursuant to the provisions of the Home Care Act, or unconscionable

agreements or fraudulent or unconscionable conduct, a person may

apply to the court for temporary relief against a defendant, pending

final determination. If the court finds after a hearing held upon

notice to the defendant that there is reasonable cause to believe

that the defendant should be restrained, it may grant any temporary

relief or restraining order it deems appropriate.

F. In addition, after demand, a person, other legal entity or

governmental agency may bring a civil action against a provider of

home care services, or a person acting on behalf of the provider or

under the provider's control, to recover damages incurred as a

result of any action taken by the provider or such person, subject

to the provisions of this section.

G. The provisions of this section shall not affect any other

remedies available under other principles of law or equity.