Okla. Stat. tit. 63, § 63-1-853.1

care community for certificate of need.

A. The investigation made pursuant to an application by a not-

for-profit life care community for a certificate of need shall

include:

1. The adequacy of financial resources for the acquisition,

expansion, or establishment of a new long-term care facility and for

the continued operation thereof;

2. The record of the applicant's current and prior ownership,

operation, and management of similar facilities in this state and in

any other state. The investigation of such record shall include,

but not be limited to, inquiry to the State Long-Term Care Ombudsman

Office, the state Medicaid Fraud Control Unit, and the state

licensure and certification agency;

3. If the applicant has holdings in Oklahoma, a review of

minutes of family councils and residents' councils, and the

facilities' responses, from each of the applicant's holdings in this

state; and

4. Any other matter which the Department deems necessary and

appropriate.

B. 1. The State Department of Health may approve an initial

certificate of need for a not-for-profit life care community for

nursing care beds that does not exceed twenty percent (20%) of the

total number of units in the life care community for which no

certificate of need is required.

2. Approval of the initial certificate of need shall include

open admission with respect to fifty percent (50%) of the nursing

care beds. With respect to the remaining nursing care beds, open

admission shall only be allowed during the first seven (7) years

following the initial licensure of nursing care beds in the life

care community.

3. Upon expiration of the one-time seven-year open admission

period, with respect to fifty percent (50%) of the nursing care

beds, a life care community that has obtained a certificate of need

pursuant to this section shall admit only the following persons to

its nursing care beds:

a. an individual who has executed a written agreement for

services with the facility and who has been a bona

fide resident of the portion of the life care

community for which a certificate of need bed is not

required for a period of at least thirty (30) days,

b. an individual who has executed a written agreement for

services with the facility and who has been a bona

fide resident of the portion of the life care

community for which a certificate of need bed is not

required for a period of less than thirty (30) days

Oklahoma Statutes - Title 63. Public Health and Safety Page 503

and requires skilled care that was not originally

contemplated upon admission to the life care

community,

c. an individual who has executed a written agreement for

services with the facility and whose physician

certifies that the individual is likely to be able to

move to a portion of the life care community for which

a certificate of need bed is not required in thirty

(30) days or less after entering the life care

community, or

d. an individual who is a family member (spouse, parent,

child, sibling, aunt, uncle or first cousin by blood,

marriage or adoption) of an individual who has

executed a written agreement for services with the

facility and resides in the portion of the life care

community for which a certificate of need bed is not

required.

C. The State Department of Health may approve a subsequent

certificate of need for nursing care beds for a not-for-profit life

care community that has obtained a certificate of need pursuant to

this section when a subsequent application does not cause the

nursing care beds to exceed twenty percent (20%) of the total number

of units in the life care community for which no certificate of need

is required. No open admission period shall be authorized for the

additional nursing care beds.

D. The provisions of subsections B and C of this section shall

apply to all certificates of need previously or hereafter granted

pursuant to the provisions of this section.