reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 9 - Resident Care Services › Section 310:675-9-31 - Influenza and pneumococcal vaccinations

Current through Vol. 41, No. 20, July 1, 2024
(a) Each facility shall document evidence of
				the offering of annual vaccination against influenza for each resident and for
				each employee, in accordance with the Recommendations of the Advisory Committee
				on Immunization Practices for the Centers for Disease Control and Prevention
				most recent to the time of vaccination.
(b) Each facility shall document evidence of
				the offering of vaccination against pneumococcal disease for each resident, in
				accordance with the Recommendations of the Advisory Committee on Immunization
				Practices for the Centers for Disease Control and Prevention most recent to the
				time of vaccination.
(c) The
				immunizations provided for in this section may be waived because of medical
				contraindication or may be refused. Documentation of the vaccination, medical
				contraindication or refusal shall be recorded in the resident's medical or care
				record. If the resident is not vaccinated, the documentation in the resident
				record shall include a statement signed by the resident, the resident's
				representative, or the resident's physician as appropriate.
(d) Attending physicians may establish
				standing orders for the administration of influenza and pneumococcal
				immunizations in accordance with the Recommendations of the Advisory Committee
				on Immunization Practices for the Centers for Disease Control and Prevention
				most recent to the time of vaccination.
Added at 16 Ok Reg 3493,
				  eff 7-30-99 (emergency); Added at 17 Ok Reg 2072, eff 6-12-00; Amended at 18 Ok
				  Reg 2533, eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is applicable to small facilities serving the
				  mentally retarded which provide residential accommodations and transitional
				  living training to aid residents in adapting to live in the general society.
				  Resident accommodations are limited to not more than 16 residents, plus any
				  required "live-in" staff. Facilities qualifying under this subsection shall be
				  exempt from other subsections of this Chapter, except for the definitions
				  provided in
				  310:675-1-2 and as
				  may be specifically referenced in this subsection. In addition to these
				  requirements, all facilities must meet the provisions of the Nursing Home Care
				  Act.
Amended at 26 Ok Reg
				  2059, eff 6-25-09
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-2 - Active Treatment

Current through Vol. 41, No. 20, July 1, 2024
In institutions for individuals with intellectual
				  disabilities, active treatment requires the following:
(1) The individual's regular participation,
				in accordance with an individual plan of care, in professionally developed and
				supervised activities, experience or therapies.
(2) An individual written plan of care that
				sets forth measurable goals or objectives stated in terms of desirable behavior
				and that prescribes an integrated program of activities, experience or
				therapies necessary for the individual to reach those goals or objectives. The
				overall purpose of the plan is to help the individual function at the greatest
				physical, intellectual, social or vocational level he can presently or
				potentially achieve.
(3) An
				interdisciplinary professional evaluation that consists of complete medical,
				social and psychological diagnosis and evaluations and an evaluation of the
				individual's need for institutional care; and is made by a physician, a social
				worker and other professionals, at least one of whom is a qualified
				intellectual disability professional.
(4) Reevaluation medically, socially and
				psychologically at least annually by the staff involved in carrying out the
				resident's individual plan of care. This must include review of the
				individual's progress toward meeting the plan objectives, the appropriateness
				of the individual plan of care, assessment of the resident's continuing need
				for institutional care, and consideration of alternate methods of
				care.
(5) An individual
				postinstitutionalization plan, as part of the individual plan of care,
				developed before discharge by a qualified intellectual disability professional
				and other appropriate professionals. This must include provision for
				appropriate services, protective supervision, and other follow-up services in
				the resident's new environment.
(6)
				Individuals assigned for specific purpose of direct personal care to residents,
				including those conducting a training program to develop the resident's
				self-help and socialization skills. Does not include professionals performing
				duties related to their profession.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-3 - Qualified mental retardation professional

Current through Vol. 41, No. 20, July 1, 2024
A person who has specialized training or one (1) year of
				  experience in treating or working with the mentally retarded and is one of the
				  following:
(1) A
				psychologist.
(2) A licensed doctor
				of medicine or osteopathy.
(3) An
				educator with a degree in education from an accredited program.
(4) A social worker with a bachelor's degree
				in:
(A) Social work from an accredited
				program; or
(B) A field other than
				social work and at least three (3) years of social work experience under the
				supervision of a qualified social worker.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-4 - Occupancy

Current through Vol. 41, No. 20, July 1, 2024
Residents selected for ICF/IID-16 occupancy shall receive
				  active treatment, and be capable of direction and emergency evacuation from the
				  facility, as determined by a physician or nurse or qualified intellectual
				  disability professional.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-5 - Physical plant

Current through Vol. 41, No. 20, July 1, 2024
(a) ICF/IID-16
				facilities shall be of one hour (minimum) fire resistant construction as
				approved by the Department and the State Fire Marshal, or shall be fully
				protected by an automatic sprinkler system approved by the Department and the
				State Fire Marshal. In addition, ICF/IID-16 facilities shall comply with the
				requirements of the National Fire Protection Association (NFPA) 101: Life
				Safety Code, 2012 Edition, adopted in 81 Federal Register 26871 by the Centers
				for Medicare & Medicaid Services on July 5, 2016 applicable to residential
				board and care occupancies for small facilities are incorporated by reference.
				For Medicare or Medicaid certified ICF/IID-16s, the Life Safety Code adopted by
				the Centers for Medicare & Medicaid Services prevails if there is a
				conflict between the Life Safety Code and this Chapter.
(b) Prior to issuance of license, the
				essential operation functions of the physical plant shall be submitted to
				licensing agency for review and approval. This submittal shall be in such
				detail as will depict compliance with applicable codes, including emergency
				evacuation and day to day living accommodations. This submittal shall be
				accompanied by the applicant's written certification declaring the
				classification (prompt, slow, impractical) shown for "evacuation capabilities"
				Chapter 21, LSC 1985 Edition. The certified evacuation classification shall not
				change without written approval of State Fire Marshal and Licensing Agency. The
				Department shall receive, prior to each required survey, a written declaration
				by a physician or nurse or qualified intellectual disabilities professional,
				stating that each resident qualifies for the evacuation classification, as
				previously submitted and approved.
(c) Each facility must have a license. Any
				facility licensed under this part shall consist of contiguous construction.
(1)
Resident rooms.
The
				following requirements shall be provided:
(A)
				Capacity shall be a maximum of four (4) residents.
(B) Minimum area shall be 80 square feet per
				occupant in multi-bed rooms and 100 square feet in single bed rooms.
(C) Each resident shall have a minimum of
				three square feet of closet or locker space which shall contain at least a
				clothes rod and one adjustable shelf.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-5.1 - Plans and specifications requirements applicable to ICF/IID-16

Current through Vol. 41, No. 20, July 1, 2024
The following sections of this Chapter shall apply to
				  ICF/IID-16 facilities: 310:675-5-22 (relating to exceptions and temporary
				  waivers), 310:675-5-23 (relating to submission of plans and specifications and
				  related requests for services), 310:675-5-24 (relating to preparation of plans
				  and specifications) and 310:675-5-25 (relating to self-certification of
				  plans).
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-6 - Institutional and operational relationships

Current through Vol. 41, No. 20, July 1, 2024
The ICF/MR-16 may be free standing in a community or may be
				  on campus with a parent institution. The ICF/MR-16 may be an independent
				  ownership and operation or may be part of a larger institutional ownership and
				  operation. In any case, however, the ICF/MR-16 may have an effective,
				  continuous relationship with a full scope ICF/MR which allows all necessary
				  support and professional services as well as the expeditious transfer of
				  residents if and when necessary.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-7 - Staffing

Current through Vol. 41, No. 20, July 1, 2024
(a) The ICF/MR-16 shall have available enough
				qualified staff and support personnel to carry out the residential living,
				professional and special programs and services for residents as required by
				their individual needs, and of sufficient size that the facility does not
				depend on residents or volunteers for services.
(b) Each ICF/MR 16 shall maintain at least
				the minimum direct-care-staff ratios specified in OAC
				310:675-13-12(a).
(c) In living units for the severely impaired
				client, the present and on duty direct care staff ratio would be:
(1) 1 to 4 from 7:00 a.m. to 3:00
				p.m.;
(2) 1 to 4 from 3:00 p.m. to
				11:00 p.m.; and
(3) 1 to 8 from
				11:00 p.m. to 7:00 a.m.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-8 - Administration

Current through Vol. 41, No. 20, July 1, 2024
All sections of Subchapter 7 of this Chapter shall be
				  applicable to the ICF/MR-16 facilities and operations.
Amended at 26 Ok Reg
				  2059, eff 6-25-09
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 11 - Intermediate Care Facilities of 16 Beds and Less for Individuals with Intellectual Disabilities (ICF/IID-16) › Section 310:675-11-9 - Resident care services

Current through Vol. 41, No. 20, July 1, 2024
In accordance with the needs of the residents, Subchapter 9
				  of this Chapter shall be applicable to the ICF/MR-16.
Amended at 26 Ok Reg
				  2059, eff 6-25-09
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-1 - Required staff

Current through Vol. 41, No. 20, July 1, 2024
Sufficient, adequately trained staff shall be on duty,
				  twenty-four hours a day, to meet the needs of all residents residing in the
				  facility without regard to the direct staff ratios.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-2 - Staff orientation

Current through Vol. 41, No. 20, July 1, 2024
All staff shall complete orientation, and specific training,
				  for their respective responsibilities before working without supervision. Staff
				  shall immediately be oriented to the use and location of fire extinguishers,
				  procedures to be followed in the event of a fire and resident
				  rights.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-3 - Administrator

Current through Vol. 41, No. 20, July 1, 2024
(a) The administrator shall be licensed by
				the State Board of Examiners for Nursing Home Administrators and has the
				authority and responsibility for the total operation of the facility, subject
				only to the policies adopted by the governing authority.
(b) The facility shall designate a person to
				act for the administrator during his/her absence. The designated person shall
				have the authority to exercise normal management responsibilities.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-4 - Medical director

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility
				shall designate an Oklahoma licensed medical doctor or osteopathic physician to
				serve as its medical director.
(b)
				The medical director shall coordinate the medical services within the
				facility.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-5 - Nursing service

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The nursing facility shall be organized, staffed, and
				equipped to provide nursing and health related services to all residents on a
				continuous basis.
(b)
Licenses.
All licensed nurses shall hold a current license issued
				by the Oklahoma Board of Nursing.
(c)
Director of nursing
(1) A registered nurse or licensed practical
				nurse shall be designated as the director of nursing.
(2) The director of nursing shall be on duty
				on the day shift and be responsible for all resident care including, but not
				limited to, the physical, mental, and psycho-social needs. The director of
				nursing or designee shall be available by telephone when needed by facility
				staff.
(3) When necessary, the
				director of nursing may work other than the day shift but for no more than
				three shifts a week. This exception shall not exceed three consecutive weeks in
				a three month period.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-6 - Registered/licensed dietician or qualified nutritionist

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility shall have a
				registered/licensed dietician or qualified nutritionist to sufficiently meet
				the needs of all residents. The registered/licensed dietician or qualified
				nutritionist shall consult with the food service supervisor, director of
				nursing, administrator and physicians.
(b) The registered/licensed dietician or
				qualified nutritionist shall supervise and direct the residents' nutritional
				care, advise and consult with appropriate staff, and provide inservice training
				for food service personnel and direct care staff.
(c) A qualified nutritionist shall complete
				eight hours of continuing education a year approved by the
				Department.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-7 - Food service staff

Current through Vol. 41, No. 20, July 1, 2024
(a)
Food
				service supervisor.
(1) The food
				service supervisor shall be responsible for all aspects of food service
				preparation and delivery. The food service supervisor may serve only one
				facility. The food service supervisor hours shall be sufficient to meet the
				residents' needs.
(2) The food
				service supervisor shall complete certification as a dietary manager within
				three (3) years of beginning employment.
(3) The food service supervisor shall
				complete, and maintain continuous, ServeSafe food safety certification, or a
				Department approved alternative, within ninety (90) days of beginning
				employment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-8 - Activities personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility
				shall have sufficient, trained activities program staff, on duty, to meet the
				resident's needs. There shall be at least twenty hours per week of designated
				activity staff.
(b) The activities
				director shall be qualified by training, or experience, under one of the
				following:
(1) An associate degree or a
				baccalaureate from an accredited university or college in art, music, physical
				education, recreational therapy, education, or similar program.
(2) A licensed occupational therapist or an
				occupational therapy assistant.
(3)
				Successful completion of a Department approved training course.
(4) One year experience in a recreational
				activity or long term care environment, and is enrolled within 180 days of
				employment, in a Department approved course for activities directors.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-9 - Social services personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				facility shall provide sufficient, trained social services staff to meet the
				resident's needs. There shall be at least thirty (30) minutes per resident a
				week of designated social service staff based on the daily census. The facility
				shall have at least twenty (20) hours per week, of designated social service
				staff, regardless of the number of residents.
(b) The social services director shall be
				qualified by training, or experience, under one of the following:
(1) A baccalaureate, from an accredited
				college or university, in social work or in a human services field including,
				but not limited to, sociology, special education, rehabilitation, counseling or
				psychology.
(2) Successful
				completion of the Department approved training course.
(3) One year experience in social work or
				long term care environment, and is enrolled within 180 days of employment, in a
				course approved by the Department.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-10 - Maintenance personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility
				shall employ maintenance staff to maintain the facility and equipment in safe
				working condition.
(b) Maintenance
				services may be provided by staff or by a contract. If services are provided by
				a contract, the facility shall designate an employee to coordinate the
				maintenance services.
(c) Each
				person who provides maintenance services shall have a current license from the
				state or political subdivision if required to provide such service.
(d) The maintenance staff shall complete one
				hour of inservice each quarter relevant to maintenance services.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-11 - Housekeeping personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility
				shall employ housekeeping staff in sufficient numbers to maintain the facility
				in a safe and sanitary manner.
(b)
				Housekeeping personnel shall receive effective supervision, orientation and
				training.
(c) Housekeeping
				personnel shall be skilled in the six basic functions of sweeping, mopping,
				dusting, cleaning, waxing, and polishing.
(d) The housekeeping staff shall complete one
				hour of inservice per quarter about housekeeping practices.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-12 - Direct care staffing

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				facility shall maintain at least the minimum direct-care-staff-to-resident
				ratios specified in the Act at 63:1-1925.2.
(b) A licensed nurse shall be on duty eight
				hours a day, seven days a week on the day shift.
(c) If the director of nursing is a licensed
				practical nurse, a registered nurse shall be employed for at least eight hours
				per week as a consultant.
(d) There
				shall be a licensed nurse on duty twenty-four hours per day; provided however,
				that a facility licensed as a specialized facility for the developmentally
				disabled shall only be required to provide 24 hour nursing when it has a
				resident who has a medical care plan. The department may waive this requirement
				when the facility demonstrates it has been unable, despite diligent effort, to
				recruit licensed nurses. The Department shall determine that a waiver of this
				requirement will not endanger the health or safety of the residents.
(e) There shall be at least one certified
				medication aide on duty when any shift is not covered by a licensed
				nurse.
(f) At least two direct care
				staff persons shall be on duty and awake at all times regardless of the number
				of residents.
(g) Willful violation
				of the requirements regarding direct-care staff shall be determined based on a
				review of facility staffing records and interviews with staff, residents,
				resident family members and/or guardians, and other parties which may have
				information relevant to the investigation. The determination by the Department
				of Health will include, but will not be limited to, the following factors:
(1) The nature, circumstances and gravity of
				the violations;
(2) The repetitive
				nature of the violations at the facility or others operated by the same or
				related entities;
(3) The previous
				degree of difficulty in obtaining compliance with the rules at the facility or
				others operated by the same or related entities; and
(4) Any substantial showing of good faith in
				attempting to achieve continuing compliance with the provisions of the Nursing
				Home Care Act.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-13 - Assignment of deficiency to staff shortages [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 3599,
				  eff 8-22-01 through 7-14-02
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-02 (after the 7-14-02 expiration of the emergency action), Section
				  310:675-13-13 was no longer effective. For the official text of the emergency
				  rule that was in effect from 8-22-01 through 7-14-02, see 18 Ok Reg
				  3599.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-1 - Qualifications

Current through Vol. 41, No. 20, July 1, 2024
To be qualified as a temporary manager, any individual
				  involved shall:
(1) be at least
				twenty-one (21) years of age;
(2)
				Meet the requirements for certificate of need as specified in 63 O.S. §
									1-853
				and in OAC
				310:4-1-7.1;
(3) have never been convicted of a felony
				that would have a bearing on the operation of a facility or any offense
				involving dishonesty or any crime as listed in 63 O.S. §
									1-1950.1;
(4) have never been disciplined for
				misconduct by any licensing board or professional society in any
				state;
(5) have no financial
				interest, either direct or through an immediate family member as detailed in
				OAC
				310:675-15-2(a)(6),
				in the facility proposed to be managed;
(6) have not served within the past two (2)
				years as a member of the staff or as an owner of the facility proposed to be
				managed, or as an employee of the owner of the facility proposed to be managed;
				and
(7) be an Oklahoma licensed
				nursing home administrator or employ an Oklahoma licensed nursing home
				administrator.
Added at 13 Ok Reg 2511,
				  eff 6-27-96; Amended at 19 Ok Reg 524, eff 1-3-02 (emergency); Amended at 19 Ok
				  Reg 2099, eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-2 - Temporary manager list

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person
				may apply to be a qualified temporary manager by filing a written request with
				the Department. The request shall be made on a form published by the Department
				that shall require information sufficient to establish the person's or
				corporation's qualifications, including:
(1)
				age of each person with a controlling interest;
(2) education of each person with a
				controlling interest;
(3) names and
				locations of facilities with which the person or corporation has been involved,
				dates of involvement and descriptions of responsibilities and duties and
				specific deficiencies which required significant corrections in a timely or
				emergency manner;
(4) disclosure of
				any felony conviction of each person to work in the facility or be responsible
				for resident or facility funds, regardless of whether or not the person
				believes the conviction bears on the operation of a facility and submission of
				the results of a check, conducted no more that thirty (30) days prior to
				application, of criminal arrest records maintained by the Oklahoma State Bureau
				of Investigation;
(5) disclosure of
				any disciplinary action against any person who will provide services to the
				facility by any licensing board or professional society in any state;
(6) disclosure of any financial interest in
				any facility in Oklahoma on the part of the proposed manager or the manager's
				immediate family, including the manager's husband or wife, child or sibling,
				stepparent, stepchild, stepbrother or stepsister, father-in-law, mother-in-law,
				son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or
				grandchild or of any other person who will provide services to the
				facility;
(7) the Oklahoma nursing
				home administrator's license number of the manager or the nursing home
				administrator to be employed;
(8) a
				list of any person who will work at a the facility along with their
				qualifications and information as listed above;
(9) a statement of the expected involvement
				in the operation of the facility of each principal, including an estimate of
				the amount of time that will be spent by each principal at the facility and the
				services to be provided by you or your company as part of the temporary manager
				fee or as additional costs to the facility;
(10) the basis on which the amount of the fee
				will be calculated;
(11) an
				attestation to the truthfulness of the information submitted; and
(12) the address, telephone number, fax
				number, and email address for contacting the temporary manager at all
				times.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-3 - Power and duties of temporary manager

Current through Vol. 41, No. 20, July 1, 2024
(a) The temporary manager shall have the
				power and duty to:
(1) be oriented to the
				facility's conditions, including uncorrected deficiencies;
(2) hire, terminate, or reassign
				staff;
(3) obligate facility
				funds;
(4) alter facility
				procedures;
(5) manage the facility
				in order to correct deficiencies in the facility's operation;
(6) assure health and safety of the
				facility's residents while corrections are being made;
(7) oversee the facility's orderly closure,
				if necessary;
(8) maintain
				confidentiality of facility information; and
(9) Pay all usual and customary operating
				expenses incurred during the managership in an orderly business
				fashion.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-3.1 - Advance of funds to temporary manager

Current through Vol. 41, No. 20, July 1, 2024
(a) A temporary manager appointed by the
				Commissioner may request an advance of funds from the Department pursuant to 63
				O.S. Supp. 2005 Section 1-1914.2(G) to assist in the continuation of care to
				facility residents if sufficient funds are not available from other sources.
				Continuation of care to facility residents may include closure of the facility
				and transfer of residents to another facility.
(b) The temporary manager shall submit the
				request for an advance of funds to the Department on the form described in (c)
				of this section. The request shall include a demonstration to the
				Commissioner's satisfaction that funds are needed but not available from
				sources including but not limited to:
(1) The
				facility's owner;
(2) Revenues due
				from residents and third-party payers, including Medicare and Medicaid
				revenues; and
(3) The facility's
				operating accounts.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-4 - Conditions for a temporary manager

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The owner of the building and the licensee of a facility which is placed under
				a temporary manager shall:
(1) relinquish
				control of the facility and the building, equipment, food and supplies to the
				temporary manager which makes the temporary manager an agent of the
				licensee;
(2) not attempt to retain
				final authority to approve personnel changes or expenditures of facility funds;
				and
(3) give the temporary manager
				access to all facility financial accounts, including access to Medicare and
				Medicaid receipts and resident trust funds.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-5 - Notice of placing a temporary manager

Current through Vol. 41, No. 20, July 1, 2024
(a) Before placing a temporary manager in a
				facility, the Department shall give the owner of the building and the licensee,
				if different, advance written notice of intent as follows:
(1) fifteen (15) days notice if residents
				have experienced widespread actual harm but are not in immediate jeopardy;
				or
(2) two (2) days notice if
				residents are in immediate jeopardy; or
(3) two (2) days notice if the facility is
				operating without a license.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-6 - Procedures for appointing qualified temporary managers

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to appointing a temporary manager,
				the Commissioner shall serve a written notice and request for information to be
				sent by facsimile or electronic mail to each qualified temporary manager, to
				include:
(1) A statement of the size,
				location and current occupancy of the facility, and a general statement of the
				anticipated justification for appointing a temporary manager;
(2) A request for confirmation of the
				temporary manager's current availability to accept appointment;
(3) A request for confirmation of the
				temporary manager's lack of financial interest in the facility, in other
				facilities operated by the same entity that operated the facility to be
				managed, or in any entity related to the entity that operated the facility to
				be managed; and
(4) A deadline for
				reply from each potential temporary manager.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-7 - Criteria for appointment

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner shall not appoint a temporary manager to a
				  facility unless the Commissioner determines in writing that:
(1) The temporary manager has submitted a
				complete application as required in OAC
				310:675-15-2;
(2) The temporary manager meets all
				qualifications required in OAC
				310:675-15-1;
(3) The temporary manager has the requisite
				resources to provide for the continued protection of the health and safety of
				all residents of the facility;
(4)
				The temporary manager has not been given undue preference in the appointment,
				taking into consideration the length of time since the qualified temporary
				manager was last appointed relative to the appointments of other temporary
				managers; and
(5) If the temporary
				manager is a corporation it has:
(A)
				Disclosed for all the persons with a controlling interest, officers and
				directors of the corporation in the application along with the information
				required for each individual in 310:15-1-1;
(B) Disclosed a list of all persons who will
				serve in the facility as part of the services provided by or through the
				temporary manager along with attestation that each person serving in the
				facility meets the qualification in
				310:675-15-1(a)(1), (3), (4),
				(5) & (7) above; and
(C) Provided evidence of the experience of
				the corporation and the team in providing services to a facility in danger of
				decertification or loss of license.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-8 - Procedures for appointment

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Prior to appointing a temporary manager the Department shall contact the Office
				of the Long Term Care Ombudsman to advise of the likely appointment, and to
				request information from that office concerning the temporary manager's record
				of involvement with the Ombudsman.
(b) Failure of the Office of the Long Term
				Care Ombudsman to respond by the deadline shall not prohibit the Commissioner
				from appointing the temporary manager.
(c) The Department shall comply with
				applicable requirements in
				42 CFR Sections
				488.410,
				488.415 and
				488.424
				when appointing a temporary manager to correct deficiencies or remove an
				immediate jeopardy to resident health or safety in a facility pursuant to Title
				XVIII or XIX of the Social Security Act.
Added at 18 Ok Reg 2533,
				  eff 6-25-01; Amended at 19 Ok Reg 524, eff 1-3-02 (emergency); Amended at 19 Ok
				  Reg 2099, eff 6-27-02; Amended at 20 Ok Reg 2399, eff
				  7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-9 - Required findings

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner shall not appoint a temporary manager to a
				  facility unless the Commissioner determines in writing that:
(1) The temporary manager has submitted a
				complete application as required in OAC
				310:675-15-2;
(2) The temporary manager meets all
				qualifications required in OAC
				310:675-15-1 and
				15-7; and
(3) The temporary manager
				has the requisite resources to provide for the continued protection of the
				health and safety of all residents of the facility.
Added at 18 Ok Reg 2533,
				  eff 6-25-01; Amended at 19 Ok Reg 524, eff 1-3-02 (emergency); Amended at 19 Ok
				  Reg 2099, eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-10 - Periodic review

Current through Vol. 41, No. 20, July 1, 2024
A potential temporary manager's qualification shall be
				  effective for one year from the date of approval of the application to be
				  listed as a qualified temporary manager. In order to be renewed for
				  qualification, the potential temporary manager shall submit a new application
				  for review and approval pursuant to OAC
				  310:675-15-2.
Added at 18 Ok Reg 2533,
				  eff 6-25-01; Amended at 19 Ok Reg 524, eff 1-3-02 (emergency); Amended at 19 Ok
				  Reg 2099, eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-11 - Bond

Current through Vol. 41, No. 20, July 1, 2024
(a) A temporary manager may be required to
				obtain a bond in the amount of up to $100,000.00 or 150% of the average revenue
				of the facility for the last three full months before placement of the
				temporary manager, whichever is greater, as necessary to ensure that the assets
				relinquished by the facility to the temporary manager are used for the benefit
				of residents.
(b) A bond shall be
				posted upon appointment and payable to the Department.
(c) The requirement for the amount of the
				bond may be established and modified from time to time by the Commissioner
				based on the amount of revenue and other financial assets relinquished by the
				facility to the temporary manager.
Reserved at 19 Ok Reg
				  524, eff 1-3-02 (emergency); Added at 19 Ok Reg 2099, eff 6-27-02; Amended at
				  20 Ok Reg 2399, eff 7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-12 - Monthly status conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Whenever a temporary manager is appointed, the Commissioner shall establish a
				schedule for the submission and review of monthly reports. Each monthly report
				shall be filed in the Department by the temporary manager not later than 25
				days following the end of each month. The temporary manager shall send a copy
				of each report to the licensee and owner of the facility.
(b) The temporary manager shall provide:
(1) All information to be submitted as
				specified in OAC
				310:675-15-3.
(2) Progress report or amendments to a plan
				of correction for outstanding deficiencies or violations of the law;
(3) Any desired amendments to the management
				plan and reasons therefore;
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-13 - Removal of the temporary manager

Current through Vol. 41, No. 20, July 1, 2024
(a)
				A temporary manager may be removed at the discretion of the
				Commissioner.
(b) A temporary
				manager shall be removed in the following situations:
(1) A conflict of interest arises which would
				have prohibited the initial appointment;
(2) Another facility owned or operated by the
				temporary manager has been given notice of potential termination or other
				enforcement action taken by the Department;
(3) The temporary manager has filed for
				bankruptcy protection for any business or personal operation during the
				pendency of the managership;
(4)
				Conviction of a crime as specified in 63 O.S. §
										1-1950.1;
(5) Failure to comply with requirements of
				this subchapter; or
(6)
The
				facility is and will continue to be in substantial compliance with the Nursing
				Home Care Act
[63:1-1914.2(L)(1)] and OAC 310:675.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-14 - Administrative penalties

Current through Vol. 41, No. 20, July 1, 2024
The Department may assess administrative penalties against a
				  temporary manager for failure to follow the Nursing Home Care Act or this
				  Chapter under the procedure used for all licensees unless the responsibility
				  was that of the former operator.
Added at 19 Ok Reg 524,
				  eff 1-3-02 (emergency); Added at 19 Ok Reg 2099, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-15 - License

Current through Vol. 41, No. 20, July 1, 2024
Upon the temporary manager's appointment, compliance with the
				  bonding provisions of section 15-11 above, and submittal of a license
				  application, the Department shall issue a license to the facility identifying
				  the temporary manager. Such license shall not create any property rights with
				  the temporary manager and shall terminate with termination of the
				  managership.
Added at 19 Ok Reg 524,
				  eff 1-3-02 (emergency); Added at 19 Ok Reg 2099, eff 6-27-02; Amended at 20 Ok
				  Reg 2399, eff 7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-16 - Final accounting

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 30 days
				of the end of a temporary managership for any reason, the temporary manager
				shall file a written final accounting with the Department. The temporary
				manager shall use the accrual method of accounting, unless the Commissioner
				finds good cause for the temporary manager to use another method of accounting.
				The accounting shall include all documents specified in the "Administrative
				Order Removing the Temporary Manager and Revoking the Conditional License"
				which is issued by the Commissioner of Health.
(b) No funds shall be paid to the former
				licensee, the owner of the building or the new licensee without the express
				consent of the Commissioner. The Commissioner shall issue an order for
				distribution of any excess operating revenue over expenses at the close of the
				managership.
(c) The temporary
				manager shall continue to report to the Department until released by the
				Commissioner.
Added at 19 Ok Reg 524,
				  eff 1-3-02 (emergency); Added at 19 Ok Reg 2099, eff 6-27-02; Amended at 20 Ok
				  Reg 2399, eff 7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 15 - Temporary Manager Or Receiver › Section 310:675-15-17 - Receiver

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may petition the court to
				place a facility under control of a receiver pursuant to 63:1-1930.2, instead
				of or in addition to appointing a temporary manager.
(b) Any person may submit a written request
				to the Department to be included as a receiver on the list maintained by the
				Department pursuant to 63 O.S. Section
				1-1930.3.
				A person's inclusion on the receiver list shall not be represented as an
				approval or qualification by the Department to operate a facility. The list
				provided by the Department to the court may include information on the
				requirements for a facility license.
Added at 20 Ok Reg 2399,
				  eff 7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 17 - Inspection Protocols › Section 310:675-17-1 - Duties of quality assurance officer

Current through Vol. 41, No. 20, July 1, 2024
The department shall employ a Quality Assurance Officer to
				  perform the following tasks:
(1)
				review statistical reports of survey finding frequency by surveyor and survey
				team;
(2) review statistical
				reports of survey team time spent on survey; and
(3) review written deficiencies to compare
				findings by surveyor and survey team.
Added at 18 Ok Reg 2533,
				  eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 17 - Inspection Protocols › Section 310:675-17-2 - Quality assurance observations and reviews

Current through Vol. 41, No. 20, July 1, 2024
The Quality Assurance Officer shall observe individual
				  surveyor and survey team performance for adherence to survey protocol no less
				  than once every 6 months. The results of these observations and reviews in
				  conjunction with the Federal Oversight and Support Survey findings will be used
				  by the Quality Assurance Officer to identify and implement necessary training
				  interventions.
Added at 18 Ok Reg 2533,
				  eff 6-25-01