Okla. Stat. tit. 63, § 63-1-851.1
This is the official text of Okla. Stat. tit. 63, § 63-1-851.1, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
For purposes of the Long-term Care Certificate of Need Act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Long-term care facility" means:
a. a nursing facility or a specialized facility, as such
terms are defined by Section 1-1902 of this title,
b. skilled nursing care provided in a distinct part of a
hospital as such term is defined by Section 1-701 of
this title,
c. the nursing care component of a continuum of care
facility, as such term is defined under the Continuum
of Care and Assisted Living Act, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 492
d. the nursing care component of a life care community as
such term is defined by the Long-term Care Insurance
Act;
5. "Disclosure statement" means a written statement by the
applicant which contains:
a. the full name, business address, and Social Security
number of the applicant, and all persons with
controlling interest as defined by the Long-term Care
Certificate of Need Act,
b. 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,
c. a description of the experience and credentials of the
applicant, including any past or present permits,
licenses, certifications, or operational
authorizations relating to long-term care facility
regulation,
d. a listing and explanation of any administrative, civil
or criminal legal actions against the applicant or any
person with a controlling interest which resulted in a
final agency order or final judgment by a court of
record including, but not limited to, final orders or
judgments on appeal related to long-term care in the
five (5) years immediately preceding the filing of the
application. Such actions shall include, without
limitation, any permit denial or any sanction imposed
by a state regulatory authority or the Centers for
Medicare and Medicaid Services, and
e. a listing of any federal long-term care agency and any
state long-term care agency outside this state that
has or has had regulatory responsibility over the
applicant;
6. "History of noncompliance" means three standard or complaint
surveys found to be at the substandard quality of care level when
the facility does not achieve compliance by date certain in a
nursing facility or specialized facility for persons with
Alzheimer's disease or related disorders. Additionally, "history of
noncompliance" for an intermediate care or specialized facility for
persons with intellectual disabilities means three consecutive
routine or complaint surveys that resulted in determinations that
the facility was out of compliance with two or more Conditions of
Participation in the Medicaid program within the preceding thirty-
six (36) months when the facility does not achieve compliance within
sixty (60) days;
7. "Person" means any individual, corporation, industry, firm,
partnership, association, venture, trust, institution, federal,
Oklahoma Statutes - Title 63. Public Health and Safety Page 493
state or local governmental instrumentality, agency or body or any
other legal entity however organized; and
8. "Person with a controlling interest" means a person who
meets any one or more of the following requirements:
a. controls fifty percent (50%) or more of the common
stock of the corporate entity involved or controls
fifty percent (50%) or more of the interest in the
partnership involved,
b. controls a percentage of stock greater than any other
stockholder or equal to the other single largest
stockholder or controls a percentage of partnership
interest greater than any other partner or equal to
the other single largest partnership interest, or
c. a managing member of a Limited Liability Company
(LLC).
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Long-term care facility" means:
a. a nursing facility or a specialized facility, as such
terms are defined by Section 1-1902 of this title,
b. skilled nursing care provided in a distinct part of a
hospital as such term is defined by Section 1-701 of
this title,
c. the nursing care component of a continuum of care
facility, as such term is defined under the Continuum
of Care and Assisted Living Act, or
Oklahoma Statutes - Title 63. Public Health and Safety Page 492
d. the nursing care component of a life care community as
such term is defined by the Long-term Care Insurance
Act;
5. "Disclosure statement" means a written statement by the
applicant which contains:
a. the full name, business address, and Social Security
number of the applicant, and all persons with
controlling interest as defined by the Long-term Care
Certificate of Need Act,
b. 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,
c. a description of the experience and credentials of the
applicant, including any past or present permits,
licenses, certifications, or operational
authorizations relating to long-term care facility
regulation,
d. a listing and explanation of any administrative, civil
or criminal legal actions against the applicant or any
person with a controlling interest which resulted in a
final agency order or final judgment by a court of
record including, but not limited to, final orders or
judgments on appeal related to long-term care in the
five (5) years immediately preceding the filing of the
application. Such actions shall include, without
limitation, any permit denial or any sanction imposed
by a state regulatory authority or the Centers for
Medicare and Medicaid Services, and
e. a listing of any federal long-term care agency and any
state long-term care agency outside this state that
has or has had regulatory responsibility over the
applicant;
6. "History of noncompliance" means three standard or complaint
surveys found to be at the substandard quality of care level when
the facility does not achieve compliance by date certain in a
nursing facility or specialized facility for persons with
Alzheimer's disease or related disorders. Additionally, "history of
noncompliance" for an intermediate care or specialized facility for
persons with intellectual disabilities means three consecutive
routine or complaint surveys that resulted in determinations that
the facility was out of compliance with two or more Conditions of
Participation in the Medicaid program within the preceding thirty-
six (36) months when the facility does not achieve compliance within
sixty (60) days;
7. "Person" means any individual, corporation, industry, firm,
partnership, association, venture, trust, institution, federal,
Oklahoma Statutes - Title 63. Public Health and Safety Page 493
state or local governmental instrumentality, agency or body or any
other legal entity however organized; and
8. "Person with a controlling interest" means a person who
meets any one or more of the following requirements:
a. controls fifty percent (50%) or more of the common
stock of the corporate entity involved or controls
fifty percent (50%) or more of the interest in the
partnership involved,
b. controls a percentage of stock greater than any other
stockholder or equal to the other single largest
stockholder or controls a percentage of partnership
interest greater than any other partner or equal to
the other single largest partnership interest, or
c. a managing member of a Limited Liability Company
(LLC).
Status: in_force · Read it on the official government site
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