reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-8 - Food storage, preparation and service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of Food Service Establishment
				rule.
Food shall be stored, prepared and served in accordance with
				Chapter 257 of this Title (relating to food service establishments) with the
				following additional requirements:
(b)
Ice.
Ice machines available
				to the residents, or the public, shall be a dispenser type, or have a locking
				enclosure.
(c)
Food.
A
				whole, intact, fruit or vegetable is an approved food source. The food supply
				shall be sufficient in quantity and variety to prepare menus for three (3)
				days. Leftovers that are potentially hazardous foods shall be used, or disposed
				of, within twenty-four (24) hours. Non-potentially hazardous leftovers that
				have been heated or cooked may be refrigerated for up to forty-eight (48)
				hours.
(d)
Milk, milk
				products and eggs.
(1)
Milk
				grade.
Only grade A pasteurized fluid milk, as defined by the Oklahoma
				Milk and Milk Products Act, Title 2, Section
				7-401 through
				7-421,
				shall be used for beverage and shall be served directly into a glass from a
				milk dispenser or container.
(2)
Powdered or evaporated milk.
Powdered or evaporated milk products
				approved under the U.S. Department of Health and Human Services' Grade "A"
				Pasteurized Milk Ordinance (2003 Revision), may be used only as additives in
				cooked foods. This does not include the addition of powdered or evaporated milk
				products to milk or water as a milk for drinking purposes. Powdered or
				evaporated milk products may be used in instant desserts and whipped products
				or for cooking. When foods, in which powdered or evaporated milk has been
				added, are not cooked the foods shall be consumed within twenty-four (24)
				hours.
(3)
Milk
				Temperature.
Milk for drinking shall be stored at a temperature of
				41o F. or below and shall not be stored in a frozen
				state.
(4)
Eggs.
Only
				clean, whole eggs with shell intact, pasteurized liquid, frozen, dry eggs, egg
				products and commercially prepared and packaged hard boiled eggs may be used.
				All eggs shall be thoroughly cooked except pasteurized egg products or
				pasteurized in-shell eggs may be used in place of pooled eggs or raw or
				undercooked eggs.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 5 - Resident Assessments › Section 310:663-5-1 - Assessments required

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall use the admission and
				  comprehensive assessment designated by the Department.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 5 - Resident Assessments › Section 310:663-5-2 - Timeframes for completing assessment

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The assisted living center shall complete the admission assessment within
				thirty (30) days before, or at the time of, admission.
(b) The assisted living center shall complete
				the comprehensive assessment in accordance with the following:
(1) within fourteen (14) days after admission
				of the resident;
(2) once every
				twelve (12) months thereafter; and
(3) promptly after a significant change in
				the resident's condition.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 5 - Resident Assessments › Section 310:663-5-3 - Description of resident assessment form

Current through Vol. 41, No. 20, July 1, 2024
(a) The admission assessment form shall
				include but not be limited to the following:
(1) resident's identification;
(2) disease diagnosis/infections;
(3) mental health history, and mental
				retardation or developmental disability;
(4) physical functioning which includes the
				numbers of persons needed to assist with activities of daily living;
(5) incontinence;
(6) medications;
(7) special treatment and
				procedures;
(8) cognitive function;
				and
(9) signatures and
				dates.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 5 - Resident Assessments › Section 310:663-5-4 - Conduct of assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) The assessments
				shall be completed by appropriate participation of health professionals trained
				in the assessment process.
(b) All
				assessments must be coordinated and signed by a registered nurse or the
				resident's personal physician.
(c)
				The assisted living center shall ensure that each comprehensive assessment
				includes a personal interview between the resident and the person completing
				the form. If the resident is mentally impaired, the assisted living center
				shall include in the interview at least one (1) of the persons listed in (d)
				(2) and (d) (3) of this section.
(d) The assisted living center shall maintain
				all assessments for five (5) years from the date of each assessment. The
				completed form shall be available upon request to the following:
(1) the resident;
(2) the resident's personal
				physician;
(3) the resident's
				representative; and
(4) the
				Department.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 5 - Resident Assessments › Section 310:663-5-5 - Use of assessment

Current through Vol. 41, No. 20, July 1, 2024
The assisted living center shall use the results of the
				  resident's assessment for the following:
(1) to assist in determining the
				appropriateness of the resident's placement in the assisted living center in
				compliance with 310:663-3; and
(2)
				to develop a care plan for the resident, in consultation with the
				resident.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-1 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				assisted living center shall comply with applicable construction and safety
				standards pursuant to Title 74 O.S. Sections
				317
				through
				324.21.
(b) The design of the assisted living center
				shall be appropriate to the mental or physical disabilities of the residents to
				be served in the assisted living center.
(c) The design of the continuum of care
				facility or assisted living center shall include physical separation of
				residents receiving assisted living services from those receiving nursing
				facility services, including separate dining and common areas. The continuum of
				care facility or assisted living center shall provide separate wings or
				buildings with separate exterior entrances for residents receiving assisted
				living services and those receiving nursing facility services.
(d) Each assisted living center shall comply
				with the hot water standards set forth in Appendix A.
(e) On and after the effective date of this
				subsection, each assisted living center that undergoes design changes or
				construction and each newly licensed assisted living center shall be designed
				and constructed in conformity with requirements for accessibility to physically
				disabled persons as specified in Chapter 11 of the International Building Code,
				2003 Edition, published by the International Code Council.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 17 Ok Reg 422, eff 11-1-99 (emergency); Amended at 17
				  Ok Reg 1605, eff 5-25-00; Amended at 21 Ok Reg 2784, eff
				  7-12-04
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-2 - Privacy and independence

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall ensure privacy and
				  independence for its residents, to include the following:
(1) no more than two (2) residents shall
				occupy each sleeping room;
(2)
				shower and bathing facilities shall not be occupied by more than one (1)
				resident at a time;
(3) lockable
				doors on resident sleeping rooms or residences except in the case of documented
				contraindication;
(4) no more than
				four (4) residents sharing toilet facilities;
(5) no more than four (4) residents sharing
				bathing facilities, provided that the Department may approve more than four (4)
				residents per bathing facility based on documentation that the design of the
				bathing facility is appropriate to the special needs of each resident who uses
				the bathing facility;
(6)
				provisions shall be made for each resident to control the temperature in the
				individual living unit through the use of a damper, register, thermostat, or
				other reasonable means that is under the control of the resident and that
				preserves resident privacy, independence and safety, provided that the
				Department may approve an alternate means based on documentation that the
				design of the temperature control is appropriate to the special needs of each
				resident who has an alternate temperature control; and
(7) the resident shall have the right to use
				personal furnishings in the individual living unit.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 17 Ok Reg 422, eff 11-1-99 (emergency); Amended at 17
				  Ok Reg 1605, eff 5-25-00; Amended at 24 Ok Reg 2007, eff
				  6-25-071; Amended at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-3 - Submission of plans and specifications and related requests for services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submission of plans.
Before
				construction is begun, plans and specifications covering the construction of
				new buildings or major alterations to existing buildings shall be submitted to
				the Department for review as provided in OAC 310:663-7-4 or OAC 310:663-7-5.
(1) Plans and specifications are required for
				the following alterations:
(A) Changes that
				affect path of egress;
(B) Change
				of use or occupancy;
(C)
				Repurposing of spaces;
(D)
				Structural modifications;
(E)
				Heating, ventilation and air conditioning (HVAC) modifications;
(F) Electrical modifications that affect the
				essential electrical system;
(G)
				Changes that require modification or relocation of fire alarm initiation or
				notification devices;
(H) Changes
				that require modification or relocation of any portion of the automatic fire
				sprinkler system;
(I) Replacement
				of fixed medical equipment if the alteration requires any work noted in (A)
				through (H) of this paragraph;
(J)
				Replacement of or modifications to any required magnetic or radiation
				shielding;
(K) Changes to or
				addition of any egress control devices or systems.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-4 - Preparation of plans and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Stage one.
Preliminary plans
				and outline specifications shall be submitted and include sufficient
				information for approval by the Department of the following: scope of project;
				project location; required fire-safety and exiting criteria;
				building-construction type, compartmentation showing fire and smoke barriers,
				bed count and services; the assignment of all spaces, areas, and rooms for each
				floor level, including the basement. An assisted living center has the option,
				at its own risk, to bypass the stage one submittal and proceed directly to
				submittal of stage two documents.
(b)
Stage two.
A proposed
				construction document shall be submitted that includes final drawings and
				specifications adequate for approval by the Department. All final plans and
				specifications shall be appropriately sealed and signed by an architect
				registered by the State of Oklahoma. All construction modifications of approved
				documents are subject to review and approval, and shall be submitted
				timely.
(c)
Special
				submittals.
(1)
Fast-track
				projects.
The fast track process applies only to stage two submittals. A
				stage one submittal and functional program must be approved before entering the
				fast track process.
(A) Equipment and
				built-in furnishings are to be identified in the stage one submittal.
(B) The assisted living center has the option
				to submit two packages: civil, landscaping and structural in stage one, and the
				balance of the components in stage two.
(C) Fast-track projects shall have prior
				approval and be submitted in no more than four (4) separate packages.
(i) Site work, foundation, structural,
				underslab mechanical, electrical, plumbing work, and related
				specifications.
(ii) Complete
				architectural plans and specifications.
(iii) All mechanical, electrical, and
				plumbing plans and specifications.
(iv) Equipment and furnishings.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-5 - Self-certification of plans

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall make available consultation and technical assistance services covering
				the requirements of this section to an assisted living center considering
				self-certification of plans. The consultation and technical assistance is
				subject to the fees specified in OAC 310:663-7-3, The consultation is optional
				and not a prerequisite for filing a request through the self-certification
				review process.
(b) The assisted
				living center and the project architect or engineer may elect to request
				approval of design and construction plans through a self-certification review
				process. The assisted living center and the project architect or engineer
				submit a self-certification request on a form provided by the Department, along
				with the review fee specified in OAC 310:663-7-3. The form shall be signed by
				the assisted living center and the project architect or engineer attesting that
				the plans and specifications are based upon and comply with the requirements of
				this Chapter. The form shall require information necessary to demonstrate
				compliance with OAC 310:665-7-5(c).
(c) To be eligible for self-certification,
				projects must comply with the following requirements:
(1) The project involves any portion of the
				assisted living center where residents are intended to be examined or treated
				and the total cost of design and construction is two million five hundred
				thousand dollars ($2,500,000) or less; or
(2) The project involves only portions of the
				assisted living center where residents are not intended to be examined or
				treated; and
(3) The project
				architect or engineer attesting the application has held a license to practice
				architecture or engineering for at least five (5) years prior to the submittal
				of the application, is licensed to practice in Oklahoma; and
(4) The assisted living center owner/operator
				acknowledges that the Department retains the authority to:
(A) Perform audits of the self-certification
				review program and select projects at random for review;
(B) Review final construction
				documents;
(C) Conduct on-site
				inspections of the project;
(D)
				Withdraw approval based on the failure of the assisted living center or project
				architect or engineer to comply with the requirements of this Chapter;
				and
(5) The assisted
				living center agrees to make changes required by the Department to bring the
				construction project into compliance with this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 7 - Physical Plant Design › Section 310:663-7-6 - Exceptions and temporary waivers

Current through Vol. 41, No. 20, July 1, 2024
(a)
				These standards are not intended to restrict innovations and improvements in
				design or construction techniques. Accordingly, the Department may approve
				plans and specifications that contain deviations if it is determined that the
				respective intent or objective of this Chapter has been met.
(b) An assisted living center may submit a
				request for exception or temporary waiver if the rules in this Chapter create
				an unreasonable hardship, or if the design and construction for the assisted
				living center property offers improved or compensating features with equivalent
				outcomes to this Chapter.
(c) The
				Department may permit exceptions and temporary waivers of this Chapter if the
				Department determines that such exceptions or temporary waivers comply with the
				requirements of 63 O.S. Section
				1-1901 et
				seq., and the following:
(1) Any assisted
				living center requesting an exception or temporary waiver shall apply in
				writing on a form provided by the Department. The form shall include:
(A) The section(s) of this Chapter for which
				the exception or temporary waiver is requested;
(B) Reason(s) for requesting an exception or
				temporary waiver;
(C) The specific
				relief requested; and
(D) Any
				documentation which supports the application for exception.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-1 - Nurse

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall provide adequate staffing
				  as necessary to meet the services described in the assisted living center's
				  contract with each resident and in compliance with the provisions of the
				  Oklahoma Nursing Practice Act, 59 O.S. Supp. 1997 Section 567.1 et seq. Nurse
				  staffing shall be provided or arranged:
(1) registered nurse supervision of skilled
				nursing interventions;
(2)
				documenting the resident's physician of choice;
(3) documenting the resident's living will or
				"Do Not Resuscitate Order".
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-2 - Medication staffing

Current through Vol. 41, No. 20, July 1, 2024
(a) Each assisted
				living center shall provide or arrange qualified staff to administer
				medications based on the needs of residents. Medications shall be reviewed
				monthly by a registered nurse or pharmacist and quarterly by a consultant
				pharmacist.
(b) Unlicensed
				personnel administering medications shall have completed a training program
				that has been reviewed and approved by the Department.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-3 - Administrator

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall designate an administrator
				  responsible for the operation of the assisted living center. The administrator
				  shall hold at least one (1) of the following credentials:
(1) a license issued by the State Board of
				Examiners for Nursing Home Administrators; or
(2) a residential care home administrator's
				certificate of training from an institution of higher learning whose program
				has been reviewed by the Department; or
(3) a nationally recognized assisted living
				certificate of training and competency for assisted living administrators that
				has been reviewed and approved by the Department.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-4 - Dietary consultant

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall use a licensed dietician or
				  qualified nutritionist to develop the assisted living center's diet plan and
				  address the needs of individuals with special diets.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-5 - Staff qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				of the assisted living center's employees shall be subject to the requirements
				for criminal arrest checks applicable to nurses aides under 63 O.S. Supp. 1997,
				Section 1-1950.1.
(b) Each assisted
				living center shall ensure that staff members providing socialization,
				activity, and exercise services are qualified by training.
(c) Each assisted living center offering
				specialized units shall ensure that staff members are trained to meet the
				specialized needs of residents.
(d)
				Assisted living center direct care staff shall be trained in first aid and
				cardiopulmonary resuscitation.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 9 - Staffing Requirements › Section 310:663-9-6 - Minimum staff for services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Staffing.
Adequate trained staff shall be on duty, awake, and
				present at all times, 24 hours a day, 7 days a week, to meet the needs of
				residents and to carry out all the processes listed in the assisted living
				center's, written emergency and disaster preparedness plan for fires and other
				natural disasters.
(b)
Limitations on one-person staffing.
An assisted living center that
				has only one direct care staff member on duty shall:
(1) Disclose the one-person staffing and the
				plan for dealing with urgent and emergent situations to residents and their
				representatives before admission or prior to one-person staffing if such
				staffing was not previously practiced by the assisted living center;
				and,
(2) Have in place a plan,
				approved by the Department, for dealing with urgent or emergent situations,
				including resident falls, during periods when the assisted living center has
				only one direct-care staff member on duty.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 11 - Quality of Care › Section 310:663-11-1 - Quality assurance committee

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center shall establish and maintain an
				  internal quality assurance committee that meets at least quarterly. The
				  committee shall:
(1) monitor trends
				and incidents;
(2) monitor customer
				satisfaction measures; and
(3)
				document quality assurance efforts and outcomes.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 11 - Quality of Care › Section 310:663-11-2 - Quality assurance representatives

Current through Vol. 41, No. 20, July 1, 2024
The quality assurance committee shall include at least the
				  following:
(1) registered nurse or
				physician if a medical problem is to be monitored or investigated;
(2) assisted living center
				administrator;
(3) direct care
				staff person or a staff person who has responsibility for administration of
				medications; and
(4) pharmacist
				consultant if a medication problem is to be monitored or
				investigated.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 13 - Resident Contract › Section 310:663-13-1 - Resident service contract

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each assisted living center shall furnish to each resident a complete and
				understandable copy of the resident service contract.
(b) All rights, privileges and assurances
				guaranteed to residents under these rules or marketing materials are deemed
				incorporated in any contract between an assisted living center and a
				resident.
(c) The assisted living
				center shall ensure that the resident or the resident's representative, if any,
				is informed of all provisions of the resident service contract.
(d) The assisted living center shall provide
				all services that are specified in the resident's current service
				contract.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 24 Ok Reg 2007, eff
				  6-25-071; Amended at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 13 - Resident Contract › Section 310:663-13-2 - Contents of contract

Current through Vol. 41, No. 20, July 1, 2024
Each resident service contract shall contain a clear
				  statement of the following:
(1)
				assisted living center's name and address;
(2) admission criteria;
(3) services provided by the assisted living
				center;
(4) discharge
				criteria;
(5) dispute resolution
				and grievance procedures;
(6)
				charges for services;
(7) a
				provision that the written contract constitutes the entire agreement between
				the resident and the assisted living center not excluding the marketing
				materials and the requirements of this Chapter;
(8) term, renewal and cancellation of
				contract;
(9) conformity with state
				law;
(10) a provision in the event
				that a resident's condition merits transfer, the transfer shall be initiated
				within five (5) working days and progress on the transfer shall be noted in the
				resident's record.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 15 - Resident Rights and Responsibilities › Section 310:663-15-1 - Resident rights

Current through Vol. 41, No. 20, July 1, 2024
Each assisted living center and its staff shall be familiar
				  with and shall observe all resident rights and responsibilities enumerated
				  under Title 63 O.S. Section
				  1-1918(B).
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 24 Ok Reg 2007, eff
				  6-25-071; Amended at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 15 - Resident Rights and Responsibilities › Section 310:663-15-2 - Guardians and power of attorney

Current through Vol. 41, No. 20, July 1, 2024
No owner, operator, administrator or employee of a continuum
				  of care facility or assisted living center subject to the provisions of the
				  Continuum of Care and Assisted Living Act, Nursing Home Care Act, or the
				  Residential Care Act, shall be appointed power of attorney, durable power of
				  attorney, guardian or limited guardian of a resident unless the owner,
				  operator, administrator or employee is the spouse of the resident, or a
				  relative of the resident within the second degree of consanguinity and is
				  otherwise eligible for appointment.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 24 Ok Reg 2007, eff
				  6-25-071; Amended at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 15 - Resident Rights and Responsibilities › Section 310:663-15-3 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Procedures.
The assisted
				living center shall make available to each resident or the resident's
				representative a copy of the assisted living center's complaint procedure. The
				assisted living center's complaint procedures shall be followed. The assisted
				living center's complaint procedure shall include at least the following
				requirements.
(1) The assisted living center
				shall list in its procedures:
(A) The names,
				addresses and telephone numbers of assisted living center staff persons
				designated to receive complaints for the assisted living center;
(B) Notice that a good faith complaint made
				against the assisted living center shall not result in reprisal against the
				person making the complaint; and
(C) Notice that any person with a complaint
				is encouraged to attempt to resolve the complaint with the continuum of care
				facility's or assisted living center's designated complaint staff, that the
				person may submit a complaint to the Department or other entities without prior
				notice to the continuum of care facility or assisted living center.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 15 - Resident Rights and Responsibilities › Section 310:663-15-4 - Prohibited restrictions and fees

Current through Vol. 41, No. 20, July 1, 2024
Residents shall have
the freedom of choice regarding
				  any personal attending physicians and all other providers of medical services
				  and supplies without a financial penalty or fee charged by the assisted living
				  center
[Title 63 O.S. Section
				  1-890.3(A)(8)
				  ].
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-1 - Purpose of surety bonds or deposits

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter applies to any continuum of care facility or
				  assisted living center with contractual obligations to provide an unlimited
				  term of services based on a fixed, prepaid fee. This Subchapter is not
				  applicable to continuum of care facilities or assisted living centers that do
				  not have contractual obligations to provide an unlimited term of services based
				  on a fixed, prepaid fee. This Subchapter establishes the amounts of assets
				  needed to qualify for waivers and reductions of deposits and bonds for such
				  continuum of care facilities or assisted living centers.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-2 - Net worth requirement

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				continuum of care facility's or assisted living center's net worth shall be
				calculated as assets minus liabilities, plus fully subordinated debt.
(b) The continuum of care facility or
				assisted living center shall maintain cash or cash equivalents sufficient to
				meet its obligations as they become due.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-3 - Consideration of arrangements

Current through Vol. 41, No. 20, July 1, 2024
The financial requirements in OAC
				  310:663-17-4
				  through OAC
				  310:663-17-9 shall
				  apply to a continuum of care facility or assisted living center that provides
				  an unlimited term of services for a fixed prepaid fee, unless it demonstrates
				  that a requirement does not apply. To decide if a requirement applies, the
				  Department shall consider the continuum of care facility or assisted living
				  center's organizational structure, financial arrangements, fiduciary
				  responsibilities, accounting controls and risk sharing
				  arrangements.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-4 - Errors and omissions policy

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each continuum of care facility or assisted living center shall file evidence
				of an errors and omissions policy to protect residents financially from the
				continuum of care facility's or assisted living center's errors.
(b) The policy shall be no less than five
				hundred thousand dollars ($500,000) annual aggregate for all claims made during
				the policy period.
(c) The policy
				shall remain in force for at least one (1) year after licensure ends.
(d) Such policy shall be issued by an entity
				licensed or approved by the Oklahoma Insurance Commissioner to issue errors and
				omissions policies in Oklahoma.
(e)
				Such policy shall be continuous in form, or renewed annually. If renewed
				annually, evidence of renewal shall be provided to the Department each year.
				The continuum of care facility or assisted living center shall ensure that the
				Department is notified of:
(1) any lapse in
				coverage; or
(2) termination of
				coverage at least thirty (30) days before termination.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-5 - Fidelity bond

Current through Vol. 41, No. 20, July 1, 2024
(a) The continuum
				of care facility or assisted living center shall provide evidence of fidelity
				coverage in addition to an errors and omissions insurance policy and other
				liability coverage. The named insured on the bond shall be the continuum of
				care facility or assisted living center. Insurance Services Office or Surety
				Association of America bond forms shall be acceptable. The fidelity bond shall
				be filed with the application.
(1) The bond
				shall be maintained through the term of licensure, and shall provide for
				discovery of losses at least one (1) year after termination or
				cancellation.
(2) The bond shall be
				executed by a surety company licensed by the Oklahoma Insurance
				Commissioner.
(3) The bond shall be
				continuous in form or may be renewed annually. If renewed annually, the
				continuum of care facility or assisted living center shall file evidence of
				renewal each year.
(4)
				Reimbursement to a continuum of care facility or assisted living center shall
				be from the first dollar of loss up to the full amount for which the person
				causing the loss is bonded.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-6 - Preference of claims

Current through Vol. 41, No. 20, July 1, 2024
(a) If either the
				errors and omissions insurance policy or the fidelity bond is insufficient to
				pay all claims against the continuum of care facility or assisted living
				center, then claims shall be satisfied proportionately.
(b) A health provider's claim has the same
				priority as a resident's claim, if the provider agrees not to assert claims
				against residents.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-7 - Liability insurance

Current through Vol. 41, No. 20, July 1, 2024
In addition to the errors and omissions insurance policy and
				  the fidelity bond, each continuum of care facility or assisted living center
				  shall have liability insurance coverage to protect the interests of
				  residents.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-8 - Projections

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may require a continuum of
				care facility or assisted living center to submit updates of projections
				required by OAC
				310:663-21-5(a)(9).
				Each update shall explain any significant variance between operating results
				and previously forecast amounts.
(b) The Department may request a revision of
				a financial projection that is inconsistent with the continuum of care
				facility's or assisted living center's historic performance.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 17 - Surety Bonds or Deposits › Section 310:663-17-9 - Impairment

Current through Vol. 41, No. 20, July 1, 2024
(a) A continuum of care facility or assisted
				living center with less than the minimum required net worth shall be considered
				an impaired continuum of care facility or assisted living center.
(b) The Department shall determine the amount
				of impairment. The amount of impairment may be based on a financial statement
				made by a continuum of care facility or assisted living center or on an
				examination report. The Department shall require the continuum of care facility
				or assisted living center to eliminate the impairment within ninety (90) days.
				If the continuum of care facility or assisted living center does not eliminate
				the impairment, the Department may revoke the continuum of care facility's or
				assisted living center's license.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 19 - Administration, Records and Policies › Section 310:663-19-1 - Incident reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timeline
				for reporting.
All reports to the Department shall be made within one
				(1) Department business day of the reportable incident's discovery. A follow-up
				report of the incident shall be submitted to the Department within five (5)
				Department business days after the incident. The final report shall be filed
				with the Department when the full investigation is complete, not to exceed ten
				(10) Department business days after the incident. Notifications to the Nurse
				Aide Registry using the ODH Form 718 must be made within one (1) Department
				business day of the reportable incident's discovery.
(b)
Incidents requiring report.
Each continuum of care facility and assisted living center shall prepare a
				written incident report for the following incidents:
(1) allegations and incidents of resident
				abuse;
(2) allegations and
				incidents of resident neglect;
(3)
				allegations and incidents of misappropriation of resident's property;
(4) accidental fires and fires not planned or
				supervised by facility staff, occurring on the licensed real estate;
(5) storm damage resulting in relocation of a
				resident from a currently assigned room;
(6) deaths by unusual occurrence, including
				accidental deaths or deaths other than by natural causes;
(7) residents missing from the assisted
				living center upon determination by the assisted living
(8) utility failure for more than 4 eight (8)
				hours;
(9) incidents occurring at
				the assisted living center, on the assisted living center grounds or during
				assisted living center sponsored events, that result in fractures, injury
				requiring treatment at a hospital, a physician's diagnosis of closed head
				injury or concussion, or head injuries that require more than first
				aid;
(10) reportable diseases and
				injuries as specified by the Department in OAC 310:515 (relating to
				communicable disease and injury reporting); and,
(11) situations arising where a criminal act
				is suspected. Such situations shall also be reported to local law
				enforcement.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 19 - Administration, Records and Policies › Section 310:663-19-2 - Medication administration

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each assisted living center shall adopt written procedures to ensure safe
				administration of medications.
(1)
				Medications shall be administered only on a physician's order.
(2) The person responsible for administering
				medications shall personally prepare the dose, observe the swallowing of oral
				medication, and record the medication. Medications shall be prepared within one
				hour prior to administration.
(3)
				An accurate written record of medications administered shall be maintained. The
				medication record shall include:
(A) The
				identity and signature of the person administering the medication.
(B) The medication administered within one
				hour of the scheduled time.
(C)
				Medications administered as the resident's condition may require (p.r.n.) are
				recorded immediately, including the date, time, dose, medication, and
				administration method.
(D) Adverse
				reactions or results.
(E) Injection
				sites.
(F) An individual inventory
				record shall be maintained for each Schedule II medication prescribed for a
				resident.
(G) Medication error
				incident reports.
(4) A
				resident's adverse reactions shall be reported at once to the attending
				physician.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 19 - Administration, Records and Policies › Section 310:663-19-4 - Policies

Current through Vol. 41, No. 20, July 1, 2024
(a) Each assisted living center shall have a
				written policy statement that expressly prohibits the abuse or neglect of
				residents or misappropriation of resident property it serves. The policy shall
				include the facility's investigative procedures and actions to be taken when
				incidents of abuse or neglect of residents or misappropriation of resident's
				property occur.
(b) The
				administrator of the assisted living center who becomes aware of abuse or
				neglect of a resident or misappropriation of a resident's property shall
				immediately act to rectify the problem and shall make a report of the incident
				and its correction to the Department.
(c) The assisted living center shall provide
				staff, within ninety (90) days of employment, training in the identification of
				abuse and neglect of residents and misappropriation of resident property and
				the facility's policies and procedures concerning the same. Verification of the
				provision of training shall be written, signed by staff attending and retained
				in the personnel files.
Added at 27 Ok Reg 2541,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 21 - Applying for a License › Section 310:663-21-1 - Application required

Current through Vol. 41, No. 20, July 1, 2024
(a) Each continuum
				of care facility or assisted living center shall apply for a license on forms
				provided by the Department.
(b) The
				person or entity responsible for providing or arranging all required services
				and care shall be the applicant for establishment of the continuum of care
				facility or assisted living center and for the license.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 17 Ok Reg 422, eff 11-1-99 (emergency); Amended at 17
				  Ok Reg 1605, eff 5-25-00
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 21 - Applying for a License › Section 310:663-21-2 - Deadlines for filing and period of license validity

Current through Vol. 41, No. 20, July 1, 2024
(a) The application for establishment of a
				continuum of care facility or assisted living center shall be filed at or
				before the time when the application for an initial license is filed. Provided,
				however, that an application for establishment is not required in conjunction
				with the transfer of ownership or operation of a facility or center that is
				currently licensed under the Act and OAC 310:663.
(b) The license application shall be filed in
				accordance with the following deadlines.
(1)
				The application for an initial license of a new continuum of care facility or
				assisted living center shall be filed at least thirty (30) days before
				beginning operations.
(2) The
				application for an initial license, following a transfer of ownership or
				operation, shall be filed at least thirty (30) days before the final transfer.
				In the case of the appointment of a receiver as operator, this thirty (30) day
				advance filing requirement may be waived if the Department finds that an
				emergency exists which threatens the welfare of the residents. If an emergency
				is found to exist, the receiver shall file the license application before
				beginning operation of the assisted living center or continuum of care
				facility.
(3) The application for
				renewal of the license of an existing continuum of care facility or assisted
				living center, with no transfer of ownership or operation, shall be filed by
				the renewal date specified on the existing license.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 21 - Applying for a License › Section 310:663-21-3 - Where to file

Current through Vol. 41, No. 20, July 1, 2024
The application and the filing fees required under the Act
				  and OAC
				  310:663-21-4 shall be
				  delivered or mailed to the Department. The effective date of filing shall be
				  the date the application and required fees are received by the
				  Department.
Added at 15 Ok Reg 2605,
				  eff 6-25-98; Amended at 16 Ok Reg 137, eff 10-14-98 (emergency); Amended at 16
				  Ok Reg 2519, eff 6-25-99