Okla. Stat. tit. 63, § 63-1-853

A. Except as provided in subsections B and C of this section,

no certificate of need shall be issued by the State Department of

Health unless after investigation the State Commissioner of Health

makes the following findings:

1. The action proposed in the application for such certificate

of need is necessary and desirable in order to provide the services

required in the locality to be served;

2. The proposed action can be economically accomplished and

maintained;

3. The proposed action will contribute to the orderly

development of long-term care services in the locality;

4. The applicant is or employs a licensed nursing home

administrator; and

5. The applicant is found to be in compliance with the

provisions of subsection D of this section.

B. 1. An application for a certificate of need for a capital

expenditure to eliminate or prevent imminent safety hazards as

defined by federal, state or local fire, building or life safety

codes or regulations, or to comply with state licensure standards,

Oklahoma Statutes - Title 63. Public Health and Safety Page 500

or to comply with accreditation standards, compliance with which is

required to receive reimbursements under Title XVIII of the Social

Security Act or payments under a state plan for medical assistance

approved under Title XIX of such act, shall be approved unless the

Department finds:

a. that the facility or service is not needed, or

b. that the applicant is found to be out of compliance

with the provisions of subsection D of this section.

2. Approval under this subsection shall cover only the capital

expenditure to eliminate or prevent the hazards or to comply with

standards described herein.

C. No certificate of need shall be issued for the acquisition

of an existing facility unless after investigation the Commissioner

finds that the applicant:

1. Has financial resources necessary to complete the

transaction and to maintain services and staffing; and

2. Is found to be in compliance with the provisions of

subsection D of this section.

D. 1. The Commissioner shall refuse to issue a certificate of

need to any applicant who has had, in ten percent (10%) or more of

the applicant's long-term care facility holdings in the preceding

sixty (60) months, a facility license or certification revoked,

rescinded, canceled, terminated, involuntarily suspended, or refused

renewal; or if the license or certification was relinquished

voluntarily in lieu of penalty.

2. The Commissioner shall refuse to issue a certificate of need

to any applicant except where the applicant overcomes a presumption

against approval with clear and convincing evidence that one of the

following circumstances was not due to the action or inaction of the

applicant or any person with a controlling interest:

a. the applicant has had, in any of the applicant's long-

term care holdings in the preceding sixty (60) months,

a facility's license or certificate revoked,

rescinded, canceled, terminated, involuntarily

suspended or refused renewal,

b. the applicant has a history of noncompliance, as

defined by statute, with the standards for licensure

of long-term care facilities of any state in which the

applicant has or has had long-term care facilities, or

with federal standards for certification of long-term

care facilities,

c. the applicant, in all current and prior ownership,

operation and management of long-term care facilities,

has not complied with all lawful orders of suspension,

receivership, temporary management, or administrative

penalty issued by the Department or by other

authorities with similar responsibilities in other

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states or by the federal Centers for Medicare and

Medicaid Services, or

d. the applicant has been convicted of a felony criminal

offense related to the operation or management of a

long-term care facility.
agement, or administrative

penalty issued by the Department or by other

authorities with similar responsibilities in other

Oklahoma Statutes - Title 63. Public Health and Safety Page 501

states or by the federal Centers for Medicare and

Medicaid Services, or

d. the applicant has been convicted of a felony criminal

offense related to the operation or management of a

long-term care facility.

3. Other than any of those reasons listed in paragraph 1 or 2

of this subsection, the Commissioner may refuse to issue a

certificate of need to any applicant who has had, in the preceding

thirty-six (36) months, one or more of the following:

a. findings of substandard quality of care or

noncompliance with two or more conditions of

participation on twenty percent (20%) or more of the

surveys conducted in the applicant’s long-term care

facility holdings or against any long-term care

facility operated by a person with a controlling

interest during the preceding thirty-six (36) months,

b. a temporary manager, monitor, or receiver appointed,

or

c. had a civil money penalty imposed of Thirty-five

Thousand Dollars ($35,000.00) or more.

E. Noncompliance with a final agency order or final order or

judgment of a court of record which has been set aside by a court on

appeal of such final order or judgment shall not be considered a

final order or judgment for the purposes of this section.

F. When the Commissioner makes a determination to issue or deny

a certificate of need, the Commissioner shall provide written

findings to the applicant, other reviewers and to other persons upon

their request. The certificate of need shall establish the maximum

capital expenditure for the project. The State Board of Health

shall adopt rules concerning the time in which a decision must be

made on an application.

G. Any person may request a reconsideration of the

Commissioner's determination for good cause shown, the grounds for

which shall be established by the Board by rule. A request for

reconsideration shall be filed within ten (10) days of the

Department determination. The hearing thereupon shall be conducted

within thirty (30) days following the receipt of request. Written

findings shall be issued within forty-five (45) days of such

hearing.