reglab/housing_qa huggingface dataset:
63 OK Stat § 63-1-1914 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914. Plan of correction of violations to be submitted - Report of correction - Petition for time extension - Contest of department action.

|A. A facility shall have ten (10) working days after receipt of notice of violation in which to prepare and submit a plan of correction. The plan of correction shall include a fixed time period, not to exceed sixty (60) days within which the violations are to be corrected. The Department may extend this period where correction involves substantial structural improvement. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have ten (10) working days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the Department shall impose a plan of correction which the facility shall follow. |B. If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction.C. Upon a licensee's written request, the Department shall determine whether to grant a licensee's request for an extended correction time. Such request shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof shall be on the licensee to show good cause for not being able to comply with the original correction time approved.D. If a facility desires to contest any Department action under this section, it shall send a written request for an informal dispute resolution, hearing or both to the Department within ten (10) working days of receipt of notice of the contested action and the Department shall commence the informal dispute resolution or hearing.Added by Laws 1980, c. 241, § 14, eff. Oct. 1, 1980. Amended by Laws 1995, c. 230, § 13, eff. July 1, 1995; Laws 2005, c. 460, § 2, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.3 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.3. Informal dispute resolution meeting.

|A. An informal dispute resolution meeting may be conducted by the State Department of Health. |B. The State Department of Health shall assign all informal dispute resolutions to the unit or section charged with performing survey or inspection activity.Added by Laws 2005, c. 460, § 4, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.4 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.4. Definitions.

|For purposes of this act: |1. "Deficiency" means a violation or alleged violation by a facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a facility;2. "Deficiency identification number" means an alphanumeric designation of a deficiency by the State Department of Health that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;3. "Impartial decision maker" means an individual employed by or under contract with the State Department of Health to conduct an informal dispute resolution for the agency;4. "Informal dispute resolution" means a nonjudicial process or forum before an impartial decision maker that provides a facility cited for deficiency with the opportunity to dispute a citation for deficiency;5. "Party" means a facility requesting an informal dispute resolution, the State Department of Health, or both;6. "State survey agency" means the State Department of Health, the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Oklahoma facilities; and7. "Statement of deficiencies" means a statement prepared by the State Department of Health citing the applicable state or federal laws, rules, or regulations violated by a facility and the facts supporting the citation.Added by Laws 2005, c. 460, § 5, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.5 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.5. Written request for informal dispute resolution.

|A. A facility that wishes to challenge a deficiency through the informal dispute resolution process shall make a written request to the State Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the State Department of Health. |B. The written request for an informal dispute resolution shall include:1. A list of all deficiencies that the facility wishes to challenge; and2. A statement indicating whether the facility wants the informal dispute resolution to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the facility and the State Department of Health appear before the impartial decision maker.C. A request for an informal dispute resolution shall not:1. Stay any action for enforcement or imposition of remedies;2. Affect or preclude the right of a facility to judicial or administrative appeal; or3. Duplicate any procedures already held under the federal requirements for informal dispute resolution.Added by Laws 2005, c. 460, § 6, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.6 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.6. Informal dispute resolution - Impartial decision maker.

|A. Upon receipt of a request for an informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision maker. |B. The impartial decision maker shall:1. Schedule a time and date for a meeting; and2. Inform the parties of the time and date of the informal dispute resolution.C. If the request for an informal dispute resolution includes a request by the facility for a meeting at which the facility may appear before the impartial decision maker, the impartial decision maker shall:1. Arrange for facilities appropriate for conducting the meeting; and2. Inform the parties of the location of the meeting.D. Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker.E. 1. If the request for an informal dispute resolution does not include a request by the facility for a meeting at which the facility may appear before the impartial decision maker, or upon agreement of the facility and the Department, the impartial decision maker may conduct the meeting by telephone conference call or by a review of documentary evidence submitted by the parties.2. a.If the informal dispute resolution is conducted by record review, the impartial decision maker may request, and the facility shall provide, a written statement setting forth the facility’s position on accepting, rejecting, or modifying each deficiency in dispute.b.The written statement shall specify the documentary evidence that supports the position of the facility for each deficiency in dispute.c.The facility shall provide its written statement to the impartial decision maker and the Department.d.The Department shall then provide its written statement in rebuttal to the impartial decision maker and the facility.Added by Laws 2005, c. 460, § 7, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.7 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.7. Employment status of impartial decision maker.

|The impartial decision maker in the informal dispute resolution process may be an individual employed by or under contract with the State Department of Health. |Added by Laws 2005, c. 460, § 8, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.8 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.8. Informal dispute resolution - Procedure.

|A. 1. In all informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments. |2. The facility shall then present its arguments.B. 1. The informal dispute resolution shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments.2. However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker.C. 1. Rules of evidence or procedure shall not apply to the informal dispute resolution except as provided in this section.2. The impartial decision maker may:a.accept any information that the impartial decision maker deems material to the issue being presented, andb.reject any information that the impartial decision maker deems immaterial to the issue being presented.D. 1. The informal dispute resolution may not be recorded.2. However, the impartial decision maker may make written or recorded notes of the arguments.E. Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility may appear or participate in the informal dispute resolution for, or on the behalf of, the facility.F. Only employees of the Department may appear or participate at the meeting for, or on behalf of, the Department.G. The State Long-Term Care Ombudsman, or designee, may appear at, or participate in, the meeting.H. No party may be represented by an attorney.Added by Laws 2005, c. 460, § 9, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.9 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.9. Determinations - Impartial decision maker – State survey agency.

|A. 1. Upon the conclusion of all arguments by the parties at the informal dispute resolution, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations". |2. The determinations shall include:a.a recitation of the deficiency identification numbers,b.a statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies, andc.the facts and persuasive arguments that support the finding of the impartial decision maker for each deficiency identification number.B. 1. The determination of the impartial decision maker shall be provided to all parties.2. The State Department of Health shall review the determination and shall issue a written document entitled "State Survey Agency Determination".C. A state survey agency determination is not subject to appeal, reargument, or reconsideration.D. The Department shall deliver a copy of the state survey agency determination to the facility and to the impartial decision maker.E. 1. In accordance with the state survey agency determination, the Department shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.2. If the Department determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.F. The amended statement of deficiencies shall be provided to the facility.Added by Laws 2005, c. 460, § 10, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.10 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.10. Deficiencies.

|A. The informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies. |B. 1. If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.2. The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.Added by Laws 2005, c. 460, § 11, eff. Nov. 1, 2005.
63 OK Stat § 63-1-1914.11 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.11. Alternative informal dispute resolution - Definitions.

|For purposes of Sections 3 through 8 of this act: |1. “Impartial decision-making panel” means a group of individuals who are qualified volunteers and employees or contractors with the State Department of Health and shall consist of five (5) members as follows:a.two members shall be impartial representative volunteers who have experience in the operation of a long-term care setting, such as an administrator, operator or director of nursing,b.one member shall be an employee of the Department who has experience in the survey process,c.one member shall be a person representing the aging or disabled community, andd.one member shall be an impartial person who is not employed by the Protective Health Services, Long-Term Care Division of the State Department of Health; and2. “Alternative informal dispute resolution” means a nonjudicial process or forum before an impartial decision-making panel that provides a facility cited for deficiency with the opportunity to dispute a citation for deficiency within the pilot program established in Sections 3 through 8 of this act.Added by Laws 2007, c. 347, § 3, eff. Nov. 1, 2007.
63 OK Stat § 63-1-1914.12 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.12. Alternative informal dispute resolution.

|Upon written request, a long-term care facility may choose to participate in an informal dispute resolution panel to be offered by the State Department of Health as an alternative to the informal dispute resolution process outlined in Sections 1-1914.3 through 1-1914.10 of this title. |Added by Laws 2007, c. 347, § 4, eff. Nov. 1, 2007. Amended by Laws 2009, c. 56, § 1, eff. Nov. 1, 2009.
63 OK Stat § 63-1-1914.13 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.13. Request for alternative informal dispute resolution - Meeting with impartial decision-making panel.

|A. Upon receipt of a request for an alternative informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision-making panel. |B. The Department shall:1. Schedule a time and date for a meeting; and2. Inform the parties of the time and date of the alternative informal dispute resolution.C. If the request for an alternative informal dispute resolution includes a request by the facility for a meeting at which the facility may appear before the decision-making panel, the Department shall:1. Arrange for facilities appropriate for conducting the meeting; and2. Inform the parties of the location of the meeting.D. Each party shall submit to the impartial decision-making panel all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the Department.E. 1. If the request for an alternative informal dispute resolution does not include a request by the facility for a meeting at which the facility may appear before the impartial decision-making panel, or upon agreement of the facility and the Department, the impartial decision-making panel may conduct the meeting by telephone conference call or by a review of documentary evidence submitted by the parties.2.a.If the alternative informal dispute resolution is conducted by record review, the impartial decision-making panel may request, and the facility shall provide, a written statement setting forth the facility’s position on accepting, rejecting, or modifying each deficiency in dispute.b.The written statement shall specify the documentary evidence that supports the position of the facility for each deficiency in dispute.c.The facility shall provide its written statement to the impartial decision-making panel and the Department.d.The Department shall then provide its written statement in rebuttal to the impartial decision-making panel and the facility.Added by Laws 2007, c. 347, § 5, eff. Nov. 1, 2007.
63 OK Stat § 63-1-1914.14 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.14. Alternative informal dispute resolution - Procedure - Evidence.

|A. 1. In all alternative informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments. |2. The facility shall then present its arguments.B. 1. The alternative informal dispute resolution shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments;2. However, the impartial decision-making panel may grant each party additional equal time for good cause as determined by the impartial decision making-panel.C. 1. Rules of evidence or procedure shall not apply to the alternative informal dispute resolution except as provided in this section.2. The impartial decision-making panel may:a.accept any information that the impartial decision-making panel deems material to the issue being presented, andb.reject any information that the impartial decision-making panel deems immaterial to the issue being presented.D. 1. The alternative informal dispute resolution may not be recorded.2. However, the impartial decision-making panel may make written or recorded notes of the arguments.E. Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility, may appear or participate in the alternative informal dispute resolution for, or on the behalf of, the facility.F. Only employees of the Department may appear or participate at the meeting for, or on behalf of, the Department.G. The State Long-Term Care Ombudsman or designee, may appear at, or participate in, the meeting.H. No party may be represented by an attorney.Added by Laws 2007, c. 347, § 6, eff. Nov. 1, 2007.
63 OK Stat § 63-1-1914.15 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.15. Alternative informal dispute resolution - Determinations - State survey agency determination - Amended statement of deficiencies.

|A. 1. Upon the conclusion of all arguments by the parties at the alternative informal dispute resolution, the impartial decision-making panel shall issue a written statement of findings that shall be entitled “Determinations”. |2. The determinations shall include:a.a recitation of the deficiency identification numbers,b.a statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies, andc.the facts and persuasive arguments that support the finding of the impartial decision-making panel for each deficiency identification number.B. 1. The determination of the impartial decision-making panel shall be provided to all parties.2. The State Department of Health shall review the determination and shall issue a written document entitled “State Survey Agency Determination”.C. A state survey agency determination is not subject to appeal, reargument, or reconsideration.D. The Department shall deliver a copy of the state survey agency determination to the facility and to the impartial decision-making panel.E. 1. In accordance with the state survey agency determination, the Department shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.2. If the Department determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.F. The amended statement of deficiencies shall be provided to the facility.Added by Laws 2007, c. 347, § 7, eff. Nov. 1, 2007.
63 OK Stat § 63-1-1914.16 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1914.16. Alternative informal dispute resolution - Limitation of matters.

|A. The alternative informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies. |B. 1. If the impartial decision-making panel finds that matters not subject to alternative informal dispute resolution are presented, the impartial decision-making panel shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to alternative informal dispute resolution.2. The impartial decision-making panel may not include in the determination any matter not subject to alternative informal dispute resolution.Added by Laws 2007, c. 347, § 8, eff. Nov. 1, 2007.
63 OK Stat § 63-1-1916 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1916. Prohibited acts - Violations - Prosecution.

|A. No person, including any person at any facility operated by the Oklahoma Department of Veterans Affairs, shall: |1. Intentionally fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction under this act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;2. Intentionally prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the Department in the investigation and enforcement of this act;3. Intentionally prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties under this act;4. Intentionally prevent or interfere with any such representative in the preserving of evidence of any violation of this act or the rules promulgated under this act;5. Intentionally retaliate or discriminate against any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this act;6. Willfully file any false, incomplete or intentionally misleading information required to be filed under this act, or willfully fail or refuse to file any information; or7. Open or operate a facility without a license.B. A violation of this section is a misdemeanor.C. The district attorney of the county in which the facility is located, or the Attorney General, may be requested by the Department to initiate prosecutions under this section.Added by Laws 1980, c. 241, § 16, eff. Oct. 1, 1980. Amended by Laws 2013, c. 379, § 4, emerg. eff. May 29, 2013.