reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-11 - Procedures to request suspension of rules for performance improvement study

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or entity subject to the rules
				contained in rules of ODMHSAS (Oklahoma Administrative Code Title 450) may
				petition for a suspension of a particular rule or rules as applied for by the
				petitioner if necessary for the petitioner to undergo performance improvement
				studies to determine the validity of the rule or rules and such study is being
				funded by either a state or federal authority.
(b) In petitioning ODMHSAS for a declaratory
				ruling, the following procedures must be followed:
(1) The petition must be in writing and
				submitted to the Rules Liaison of ODMHSAS in person at 2000 N. Classen, Suite
				E600, Oklahoma City, OK 73106;
(2)
				The petition shall state with specificity the rule or rules in question;
(3) The petition shall state
				clearly and with specificity the bases for the suspension, the funding source
				of the study, and the time period the suspension will be needed; and
(4) The petitioner or petitioner's authorized
				representative shall print his or her name address and telephone number on the
				petition and sign it.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 450:1-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to delineate the criteria for
					 eligibility for entities to contract with the Oklahoma Department of Mental
					 Health and Substance Abuse Services (ODMHSAS) for the provision of mental
					 health, substance abuse, eating disorder, gambling addiction, narcotic
					 treatment, and residential care services to the public as permitted or required
					 under Title 43A of the Oklahoma Statutes.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg
					 1346, eff 7-1-02; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg
					 2554, eff 7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 450:1-3-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Revoked at 19 Ok Reg
					 1363, eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 450:1-3-3 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This part is applicable to all entities presently under
					 contract with ODMHSAS to provide mental health, substance abuse, eating
					 disorder, gambling addiction, narcotic treatment, and residential care
					 services; and to all entities which may either be, or desire to be, considered
					 for such contracts.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 20 Ok Reg
					 2100, eff 7-1-03; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg
					 2554, eff 7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 450:1-3-4 - Criteria for eligibility to contract

Current through Vol. 41, No. 20, July 1, 2024
The criteria for eligibility to contract with the ODMHSAS
					 are as follows:
(1) The entity shall
				  exist in conformity with Oklahoma Statutes regulating said entity, and provide
				  such proof. In addition, if said entity purports to be a not for profit
				  corporation, the proof of exemption from federal taxes under the U.S. Internal
				  Revenue Service Code shall be made.
(2) Revocation or non-renewal of an entity's
				  certification by ODMHSAS shall result in contract termination for any service
				  requiring such certification as of the date of ODMHSAS action.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg
					 521, eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01; Amended
					 at 19 Ok Reg 1363, eff 7-1-02; Amended at 27 Ok Reg 2200, eff
					 7-11-10
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 450:1-3-5 - Staff qualifications for contracted entities

Current through Vol. 41, No. 20, July 1, 2024
(a) All staff who provide clinical or
				  supportive services for an agency contracting with ODMHSAS shall have
				  documented qualifications, licensing or training specific to the clinical
				  services they provide.
(b) The
				  following service providers, as defined in
				  450:1-1-1.1, may
				  provide behavioral health treatment and support services as agreed upon per
				  contract between ODMHSAS and the contractor:
(1) Behavioral Health Aide (BHA);
(2) Behavioral Health Case Manager (CM);
(3) Certified Alcohol and Drug
				  Counselor (CADC);
(4) Employment
				  Consultant (EC);
(5) Family Support
				  and Training Provider (FSP);
(6)
				  Gambling Treatment Professional (GTP);
(7) Intensive Case Manager (ICM);
(8) Licensed Behavioral Health Professional
				  (LBHP);
(9) Licensure
				  Candidate;
(10) Licensed Mental
				  Health Professional (LMHP);
(11)
				  Licensed Physician;
(12) Licensed
				  Practical Nurse;
(13)
				  Paraprofessional;
(14)
				  Psychiatrist;
(15) Peer Recovery
				  Support Specialist (PRSS);
(16)
				  Registered Nurse;
(17) Support
				  Services Provider (SSP).
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-14 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to describe the contracts and
					 contracting processes of ODMHSAS for the provision of mental health, substance
					 abuse, eating disorder, gambling addiction, narcotic treatment, and residential
					 care services to the public.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg
					 521, eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01; Amended
					 at 19 Ok Reg 1363, eff 7-1-02; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended
					 at 24 Ok Reg 2554, eff 7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-15 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Part is applicable to all entities presently under
					 contract to provide mental health services, substance abuse services,
					 community-based structured crisis services, eating disorder services, gambling
					 addiction services, narcotic treatment services, and residential care services,
					 and to all entities which may either be, or desire to be, considered for such
					 contracts.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency); Amended
					 at 18 Ok Reg 2649, eff 7-1-01; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended
					 at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg 2554, eff
					 7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-16 - Contract forms

Current through Vol. 41, No. 20, July 1, 2024
Contracts are in a standardized form and format as
					 determined by ODMHSAS which may be revised from year to year to meet changing
					 state and federal statutes and regulations, and the requirement of ODMHSAS to
					 fulfill its functions and responsibilities).
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 19 Ok Reg 1363, eff
					 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-17 - Contract execution ODMHSAS [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency); Amended
					 at 18 Ok Reg 2649, eff 7-1-01; Amended at 19 Ok Reg 1363, eff
					 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-18 - Contract type [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 3741, eff 7-12-93; Revoked at 16 Ok Reg 1466, eff
					 7-1-99
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-19 - Competitive bidding

Current through Vol. 41, No. 20, July 1, 2024
With regard to competitive bidding:
(1) Contracts which are not based upon fixed
				  uniform rates shall be competitively bid unless said contract is exempt from
				  competitive bidding.
(2) Contracts
				  based upon fixed uniform rates, which have been previously approved by the
				  Department of Central Services, set by the Board, on the recommendation of the
				  Commissioner of ODMHSAS, are not subject to competitive bidding [74 O.S.
				  §85.7(11) ].
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 15 Ok Reg 2741, eff 7-1-98; Amended at 16 Ok Reg
					 1466, eff 7-1-99; Amended at 19 Ok Reg 1363, eff
					 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-20 - Contract, services performance

Current through Vol. 41, No. 20, July 1, 2024
Contracts shall require performance of specific service(s)
					 to be performed). Where the services cannot be broken down into units,
					 specifically measurable and reviewable services shall be stated. Additionally,
					 contracts may contain requirements of performance based upon measurable quality
					 outcome indicators.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg
					 521, eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01; Amended
					 at 19 Ok Reg 1363, eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-21 - Contract renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) Contracts for
				  community mental health services, substance abuse services, community-based
				  structured crisis services, eating disorder services, gambling addiction
				  services, narcotic treatment services, and residential care services are
				  considered during the third (3rd) and fourth (4th) quarter of the ODMHSAS
				  fiscal year, for contracting in the following fiscal year.
(b) Consideration for renewal shall include a
				  review of performance of the current contract including, but not limited to,
				  measurable outcome indicators, target populations served, levels of performance
				  of specific services, the existence of any patients' rights violations, and
				  cost effectiveness of the delivery of services.
(c) If ODMHSAS determines the contractual
				  relationship shall be renewed, it shall be in a new contract for the upcoming
				  fiscal year and may or may not contain the same terms, conditions, form and
				  format as the previous contract.
Added at 10 Ok Reg
					 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg
					 521, eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01; Amended
					 at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg 2554, eff 7-12-07; Amended
					 at 27 Ok Reg 2200, eff 7-11-10
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 3 - Contracts for Mental Health, Substance Abuse, and Residential Care Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 450:1-3-22 - Contractor reimbursement rates

Current through Vol. 41, No. 20, July 1, 2024
Reimbursements to contractors for mental health, substance
					 abuse, eating disorder services, gambling addiction services, narcotic
					 treatment services, and residential care services shall be considered and set
					 in the manner described as follows:
(1) Contractors shall annually, or as
				  otherwise prescribed, submit to ODMHSAS a uniform cost report in the form and
				  format determined by ODMHSAS, and within time-frames established by
				  ODMHSAS.
(2) ODMHSAS staff shall
				  review and analyze these cost reports, requesting where deemed necessary the
				  submission of supporting clarifying information within fifteen (15) days of
				  said request.
(3) ODMHSAS staff may
				  recommend to the Board fixed uniform rates for services, taking into
				  consideration variables such as average costs, appropriate inflationary
				  factors, capitation methods, performance outcome measures, staff credentials
				  and available funding.
(4) Prior to
				  submitting to the Board the proposed rates or changes to existing rates, the
				  following shall occur:
(A) The ODMHSAS shall
				  provide written notice of an open hearing on the proposed fixed rates to each
				  applicable contractor of record.
(B) The ODMHSAS shall conduct, and make a
				  summary of, the scheduled open hearing.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-1 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) Article II of
				the Administrative Procedures Act ("APA"), 75 O.S. §§308a,
et
				seq.
, governs individual proceedings by ODMHSAS or the Board for
				revocation and suspension of certification or for reprimand of certified
				facilities.
(b) Further, this
				chapter sets forth the procedural aspects of individual proceedings and
				hearings provided for in accordance with the Administrative Procedures
				Act.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 14 Ok Reg 1906, eff 5-27-97; Amended at 16 Ok Reg 1466,
				  eff 7-1-99; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency); Amended at 18
				  Ok Reg 2649, eff 7-1-01; Amended at 19 Ok Reg 1363, eff
				  7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-3 - Persons affected by individual actions

Current through Vol. 41, No. 20, July 1, 2024
The Board directs that ODMHSAS may bring an individual
				  proceeding against any person or entity certified by the Board or ODMHSAS for
				  violation of Title 43A of the Oklahoma Statutes or the rules of the ODMHSAS as
				  set forth in Title 450 of the Oklahoma Administrative Code.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 13 Ok Reg 2209, eff 7-1-96; Amended at 14 Ok Reg 1906,
				  eff 5-27-97; Amended at 19 Ok Reg 1363, eff
				  7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-4 - Types of sanctions

Current through Vol. 41, No. 20, July 1, 2024
The following administrative sanctions may be taken against a
				  respondent:
(1) Revocation of
				certification
(2) Reduction in
				certification
(3) Suspension of
				certification
(4)
				Reprimand
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 13 Ok Reg 2209, eff 7-1-96; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 22 Ok Reg 2099, eff
				  7-1-05
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-5 - Petition and notice in individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition and Notice.
In the
				event the Commissioner determines action should be taken, an individual
				proceeding may be initiated by filing a petition and notice with the Hearing
				Clerk for ODMHSAS, who shall be designated by the Commissioner, and by serving
				the petition on all respondents. The petition and notice shall include a
				statement of the legal authority and jurisdiction under which the action is
				taken, reference to the statutes and rules involved, a short and plain
				statement of the matters asserted and the relief requested. The petition may
				allege facts by attaching and incorporating a document by reference. The
				petition and notice shall commence and become effective fifteen (15) calendar
				days after receipt of said notice by the respondent, unless the respondent
				timely files a written request for a hearing with ODMHSAS.
(b)
Request for hearing.
A
				request for hearing will be timely filed if said request is in writing and
				received by the Hearing Clerk of ODMHSAS within ten (10) calendar days of the
				date the party received the petition and notice. If a timely written request
				for a hearing is not filed by the respondent, the allegations in the petition
				shall be deemed confessed by the respondent and the action will become final as
				set forth herein. If the written request for hearing is timely filed, such
				hearing shall be scheduled before an Administrative Hearing Officer at least
				fifteen (15) days from the date said request is filed, and the parties shall be
				notified of the date, time and place of the hearing. If an emergency exists, a
				hearing may be conducted without the filing of a petition and without waiting
				fifteen (15) days.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 23 Ok Reg 1941,
				  eff 7-1-06; Amended at 24 Ok Reg 2554, eff
				  7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-5.1 - Service of petition and notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
The petition and notice shall be served on the
				respondent(s) personally or by certified mail, return receipt requested to the
				address of the respondent(s) on file with the Department.
(b)
Proof of service.
Proof of
				service shall be filed with the hearing clerk.
(c)
Substitute service.
If the
				Department is unable to obtain service on a respondent, the petition and notice
				shall be mailed by regular mail to the last known address of the respondent,
				and the Department shall file an affirmation service was attempted.
(d)
Service of other papers and
				documents.
Service of all other papers and documents connected with an
				individual proceeding shall be served on the parties or their counsel by
				delivering a copy or via regular mail or facsimile.
Added at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-5.2 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
When the Commissioner or Hearing Officer finds that the
				  public health, safety or welfare requires action be taken immediately and when
				  such a finding is incorporated in an order, emergency action or summary
				  suspension of a certification may be ordered pending the filing of a petition
				  or the outcome of an individual proceeding.
Added at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-5.3 - Procedures in individual proceedings generally

Current through Vol. 41, No. 20, July 1, 2024
The order of procedure in all individual proceedings shall
				  generally be governed by the APA, Oklahoma Pleading Code and the Oklahoma
				  Discovery Code. Any matter of practice or procedure not specified will be
				  guided by the practice and procedure followed by the district courts of this
				  state.
Added at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-5.4 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
A pre-hearing conference may be ordered and scheduled by the
				  Hearing Officer on his own motion or upon the request of any party. The Hearing
				  Officer may authorize the conference to occur by teleconference. The subjects
				  and objectives of the pre-hearing conference shall be similar to those for
				  pretrial proceedings in district courts.
Added at 19 Ok Reg 1346,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-6 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance by ODMHSAS.
The
				Hearing Officer may continue or adjourn the proceedings at any time for a
				specified time, with notice or motion.
(b)
Continuance by motion of
				parties.
Except for good cause shown, or by agreement of all parties, no
				continuance will be granted upon motion of a party unless written request
				therefore is filed and served on all parties of record and filed with the
				Hearing Clerk at least seven (7) days prior to the date set for hearing. A
				stipulation for continuance among all parties of record ordinarily will be
				approved, unless the Hearing Officer determines that the public interest
				requires otherwise.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-7 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
Discovery is
				designed to enable a party to obtain relevant information needed for
				presentation of the party's case. This section is intended to provide a simple
				method of discovery.
(b)
Explanation.
Discovery is a process apart from the hearing whereby
				a party may obtain information from another person which has not otherwise been
				provided. This information is obtained for the purpose of assisting the parties
				in developing, preparing and presenting their cases.
(c)
Methods.
Discovery shall be
				conducted generally in accordance with Section 315 of the APA and as set forth
				in the Oklahoma Discovery Code. Additionally, the Hearing Officer may enter
				specific orders directing the conduct of discovery.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-8 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing
				Officer at the hearing or at anytime upon application of a party, with or
				without notice, may make such orders relating to discovery as may be necessary
				or appropriate for the protection of the parties, and to prevent hardship to
				and excessive burden upon a party. Such orders may, among other subjects, limit
				the scope of depositions, prohibit questions or subjects of inquiry, require or
				excuse answers to questions on deposition, limit or excuse, in whole or in
				part, production of documents or answers to interrogatories, and shorten or
				extend the time within which any act shall be performed. Disclosure of consumer
				identification shall only be ordered pursuant to state and federal
				law.
(b) The Hearing Officer may
				make appropriate orders, including dismissal of a proceeding or denial of
				relief, as may be warranted for failure or refusal to comply with an order
				issued pursuant to this rule.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-9 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and service.
Subpoenas for the attendance of witnesses, the furnishing of information and
				the production of evidence shall be issued by the Hearing Clerk upon request by
				a party. As an officer of the court, an attorney authorized to practice law in
				Oklahoma may also issue and sign subpoenas. Filing a formal request for the
				issuance of subpoenas shall not be required. Subpoenas shall be served and a
				return made in the same manner as provided in the Oklahoma Pleading Code, 12
				O.S. §2004.1 .
(b)
Failure to obey.
Either party may seek an appropriate judicial
				proceeding to compel compliance by persons who fail to obey a subpoena, who
				refuse to be sworn or make an affirmation at a hearing or who refuse to answer
				a proper question during a hearing. The hearing shall proceed despite any such
				refusal but the Hearing Officer may, in his or her discretion, continue the
				proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Any person
				to whom a subpoena is directed, may file a motion to quash or limit the
				subpoena with the Hearing Clerk, setting forth the reasons why the subpoena
				should not be complied with or why it should be limited in scope and the
				Hearing Officer will rule on the motion.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-10 - Conduct and record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open to public.
Every hearing before ODMHSAS shall be conducted by
				the designated Hearing Officer. All hearings shall be open to the public unless
				a protective order is entered for protection of consumer confidentiality;
				however, upon motion of a party to the proceeding, the Hearing Officer may
				exclude from the hearing room any witness not at that time under examination. A
				party to the proceeding and that party's attorney may not be
				excluded.
(b)
Record.
All testimony shall be taken on the record unless otherwise designated by the
				Hearing Officer. An electronic recording of the hearing proceedings shall be
				made. The recording will not be transcribed as a matter of course. The
				electronic recording of ODMHSAS shall be the official record. Copies of the
				recordings shall be provided to a party on written request. The cost of
				transcription, if done, shall be borne by the party having the recording
				transcribed.
(c)
Court
				reporter.
A party may have the proceeding transcribed by a court
				reporter at the expense of the party. Each party requesting copies shall make
				arrangements for such with the reporter, and pay the costs.
(d)
Maintenance of the record.
The record of a proceeding and the file containing the notices and the
				pleadings will be maintained by the Hearing Clerk in a location designated by
				the Hearing Clerk. All pleadings, motions, orders and other papers submitted
				for filing in an individual proceeding shall be stamped with the date filed by
				the Hearing Clerk upon receipt.
(e)
Designation on appeal.
On an appeal to district court, the parties
				may designate and counter-designate portions of the record to save costs,
				following the procedures in the APA.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-11 - Hearing officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exercise
				of authority.
The Commissioner shall appoint at least one individual who
				is a licensed attorney to act as the Administrative Hearing Officer in
				individual proceedings filed before the Department of Mental Health and
				Substance Abuse Services.
(b) The
				Administrative Hearing Officer shall conduct fair and impartial hearings and
				take all necessary action to avoid delay in the disposition of all proceedings.
				He or she shall have all powers necessary to that end unless otherwise limited
				by law, including but not limited to, the authority to:
(1) Administer oaths and
				affirmations;
(2) Rule upon
				objections and offers of proof and receive relevant evidence;
(3) Rule upon the institution of discovery
				procedures as appropriate;
(4)
				Convene a hearing as appropriate, regulate the course of the hearing, examine
				any witness in order to clarify issues; maintain decorum and exclude from the
				hearing any disruptive persons;
(5)
				Exclude from the hearing any witness whose later testimony might be colored by
				testimony of other witnesses or any person whose presence might have a chilling
				effect on testifying witness;
(6)
				Rule on all motions, witness and exhibit lists and proposed findings;
(7) Require the filing of memoranda of law
				and the presentation of oral argument with respect to any question of
				law;
(8) Order the production of
				evidence and the appearance of witnesses whose testimony would be relevant,
				material and non-repetitious;
(9)
				Make inquiries of the parties or witnesses for the purpose of clarification or
				fact findings to insure a fair and impartial decision;
(10) Render decisions pursuant to the
				particular action taken;
(11) May
				require, or allow, the filing of briefs by the parties, and may designate the
				order and time for filing briefs and reply briefs;
(12) Close the record when all interested
				parties have had the opportunity to be heard and to present evidence;
				and
(13) Issue findings and
				orders.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-12 - Sanctions for non-compliance with hearing and discovery procedures

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Officer may impose sanctions upon the parties as
				  necessary to serve the ends of justice.
Added at 10 Ok Reg 3741,
				  eff 7-12-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-13 - Order of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appearances and default.
At the hearing, every party shall
				announce an appearance. An individual may appear on their own behalf or be
				represented by an attorney. A corporation must be represented by counsel. Any
				respondent who fails to appear as directed, after service of the petition and
				notice of hearing as provided by these rules, may be determined to have waived
				the right to appear and present a defense to the allegations contained in the
				petition, and the Hearing Officer may default the party and issue an order
				sustaining the allegations.
(b)
Preliminary matters.
The following shall be taken up prior to
				receiving evidence:
(1) The ODMHSAS and other
				parties may offer preliminary exhibits, including pleadings necessary to
				present the issues to be heard.
(2)
				Ruling shall be made on any pending motions, including requests for delivery of
				documents.
(3) Stipulations of fact
				and stipulated exhibits shall be received.
(4) Parties shall make opening statements
				where appropriate.
(5) Any other
				preliminary matters appropriate for dispositions prior to offers of
				evidence.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-14 - Order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and services of
				order.
Not more than twenty (20) calendar days after conclusion of the
				hearing, the Hearing Officer shall issue a proposed order with findings of fact
				and conclusions of law. If ODMHSAS proves its allegations in the petition and
				notice by clear and convincing evidence, the Hearing Officer shall issue an
				order sustaining the allegations. If ODMHSAS does not meet its burden, the
				Hearing Officer shall issue an order in favor of the respondent(s). The Hearing
				Clerk shall file and serve the proposed order on ODMHSAS and respondent(s) by
				certified mail, return receipt requested.
(b)
Appeal.
A party may appeal a
				Hearing Officer's Order to the ODMHSAS Board.
(1) Request for hearing. The Hearing
				Officer's order shall become final unless a party files and serves a written
				request for hearing by the ODMHSAS Board with the Hearing Clerk within fifteen
				(15) calendar days of the filing of the order.
(2) Briefs and exceptions. In the event a
				hearing by the Board is requested, all parties will be given the opportunity to
				file briefs and exceptions to the Hearing Officer's Order.
(3) Hearing. When a request for hearing is
				filed, the matter will be set on the agenda for the next Board meeting, unless
				the request is filed fifteen (15) calendar days or less prior to the next
				scheduled Board meeting, in which case it will be set for the on the agenda of
				the following meeting. The party requesting the hearing shall file any brief it
				wishes the Board to consider along with the request for hearing. The other
				party will then have ten (10) days to file its response. At the Board meeting,
				the parties shall be permitted to present oral argument. The length of oral
				argument shall be determined by the chair of the Board. Upon conclusion of oral
				argument by the parties, the Board may convene in executive session to
				deliberate the matter.
(4) Issuance
				of decision. The Board shall issue its decision within thirty (30) calendar
				days after the hearing before the Board.
(5) Appeal. A party may appeal the Board's
				decision as provided in the APA.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-15 - Hearing before the Board and Final Order [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 1346,
				  eff 7-1-02; Revoked at 21 Ok Reg 1724, eff
				  7-1-04
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-16 - Settlement

Current through Vol. 41, No. 20, July 1, 2024
Unless precluded by law, individual proceedings may be
				  resolved by agreed settlement or consent order, with the concurrence of the
				  Commissioner, or the Chief Operating Officer or the Hearing
				  Officer.
Added at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 5 - Procedure in Individual Administrative Proceedings › Section 450:1-5-17 - Costs of administrative sanction proceedings where sanction results

Current through Vol. 41, No. 20, July 1, 2024
The cost of certification review, the record, and
				  administrative sanction proceedings shall be advanced by ODMHSAS. Where a
				  certification review results in an administrative sanction, the cost of the
				  certification review, the record, and administrative sanction proceedings shall
				  be surcharged against the sanctioned party. Costs of administrative sanction
				  proceedings shall include costs of prosecution of the sanction imposed.
				  Reapplication for consideration of certification will not be considered unless
				  and until the sanctioned party pays such costs to ODMHSAS.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to set forth the rules of
				  the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS)
				  with regard to the charges for services within ODMHSAS operated
				  facilities
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346,
				  eff 7-1-02; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is applicable to all ODMHSAS operated
				  facilities and to entities contracting with ODMHSAS under OAC 450:1 Subchapter
				  3.
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff
				  7-1-99
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-3 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Revoked at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-4 - Charges, ODMHSAS operated facilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 20 Ok Reg 2100, eff 7-1-03; Revoked at 22 Ok Reg 2099,
				  eff 7-1-05
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-4.1 - Charges, ODMHSAS operated facilities

Current through Vol. 41, No. 20, July 1, 2024
At least annually ODMHSAS shall review all charges for
				  services provided at its facilities, and, if warranted, shall propose a change
				  in the rate of charges for any services(s), based upon the cost of providing
				  said services, or changes in the method/form of reimbursement under the U.S.
				  Social Security Act Titles for Medicare and Medicaid.
Added at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-5 - Reimbursement rates, contractors [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3741,
				  eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346,
				  eff 7-1-02; Revoked at 20 Ok Reg 2100, eff
				  7-1-03
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 7 - Charges and Eligibility for ODMHSAS Services › Section 450:1-7-6 - Liability of Consumer for care and treatment - Eligibility for Waiver of Liability

Current through Vol. 41, No. 20, July 1, 2024
(a) A consumer at a
				facility within the Department is responsible for payment and liable for his
				care and treatment unless he or she has received a waiver of the indebtedness
				from the Department.
(b) A consumer
				at a facility within the Department shall be granted a waiver from payment for
				services if the following criteria are met:
(1) The individual must be in need of
				behavioral health services. An individual shall be considered to be in need of
				behavioral health services if treatment is needed to stabilize, reduce or
				eliminate the symptoms of, or prevent worsening of any of the following
				conditions for which a facility within the Department offers treatment needed
				based on the diagnosis and level of care:
(A)
				A diagnosable behavioral health condition as defined by the current DSM,
				excluding a sole diagnosis of developmental disorders or dementia
				disorders;
(B) A presenting
				problem(s) that indicates a behavioral health illness or condition;
(C) A level of functioning that indicates the
				need for behavioral health treatment based on a standard assessment instrument;
				or
(D) A behavioral health
				crisis.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-1 - Applicability of certification

Current through Vol. 41, No. 20, July 1, 2024
This subchapter applies to all entities and individuals which
				  are subject to certification by the Board, or the Commissioner or
				  designee.
Added at 11 Ok Reg 3335, eff 7-5-94 ; Amended at 13 Ok Reg
					 2209, eff 7-1-96 ; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency) ; Amended
					 at 18 Ok Reg 2649, eff 7-1-01 ; Amended at 19 Ok Reg 1346, eff 7-1-02 ; Amended
					 at 20 Ok Reg 2100, eff 7-1-03 ; Amended at 23 Ok Reg 1941, eff 7-1-06 ; Amended
					 at 24 Ok Reg 2554, eff 7-12-07 ; Amended at 26 Ok Reg 2670, eff 7-25-09 ;
					 Amended at 30 Ok Reg 1395, eff
					 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 3335,
				  eff 7-5-94; Amended at 14 Ok Reg 1906, eff 5-27-97; Revoked at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-3 - Purpose of certification

Current through Vol. 41, No. 20, July 1, 2024
The purpose of ODMHSAS certification is to assess each
				  facility's responsibility to the consumer, and delivery of acceptable services
				  to the consumer. Responsibility to the consumer is demonstrated through the
				  provision of suitable facilities, trained staff and needed services which are
				  accessible, safe and confidential. In addition to the above, is demonstrated by
				  the willingness and ability of the facility's governing authority and staff to
				  provide the planning, budgeting and management of resources necessary to the
				  continued existence and effectiveness of the facility/services.
Added at 11 Ok Reg 3335, eff 7-5-94 ; Amended at 13 Ok Reg
					 2209, eff 7-1-96 ; Amended at 23 Ok Reg 1941, eff 7-1-06 ; Amended at 24 Ok Reg
					 2554, eff 7-12-07 ; Amended at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok
					 Reg 1395, eff 7-1-13