Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 13 - Staff Requirements › Section 310:675-13-14 - Twenty-four-hour-based staff-scheduling and eligibility requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Implementing twenty-four-hour-based
				staff scheduling.
Nursing facilities subject to the Nursing Home Care
				Act and Intermediate Care Facilities for Individuals with Intellectual
				Disabilities (ICFs/IID) with seventeen or more beds may implement
				twenty-four-hour-based staff scheduling consistent with the requirements
				established by law at 63 O.S. 1-1925.2(B)(5).
(b)
Loss of twenty-four-hour-based
				staffing privileges.
The Department shall require a facility to maintain
				the shift based staff-to-resident ratios provided in 63 O.S. 1-1925(B)(3), if
				the facility has been determined by the Department to meet the disqualifying
				criteria in 63 O.S. 1-1925.2(B)(6), relating to staffing levels, fraudulent
				Quality of Care reports, or findings of substandard quality of care as a result
				of insufficient staffing. For intermediate care facilities for individuals with
				intellectual disabilities, loss of eligibility shall include findings of
				non-compliance with the Condition of Participation at
				42 CFR
				483.430 (2011), Facility Staffing.
(c)
Eligibility requirements following
				loss of twenty-four-hour-based staffing.
Prior to a facility resuming
				eligibility for twenty-four-hour-based staffing privileges, the Department
				shall require that the facility maintain the shift-based, staff-to-resident
				ratios in 63 O.S. 1-1925.2(B)(3) for at least three (3) months and has
				corrected any deficiency described in (b) of this section.
(d)
Right to Appeal.
Facilities shall have the right to appeal and to the informal dispute
				resolution process with regard to penalties and sanctions imposed due to
				staffing noncompliance.
[63:1-1925.2(E)].
(e)
Quality of Care Report
				Requirement.
Staffing hours reported to the Oklahoma Health Care
				Authority shall be submitted electronically through OHCA's Quality of Care
				(QOC) portal.
(f)
Twenty-four-hour-based staffing in intermediate care facilities for
				individuals with intellectual disabilities (ICFs/IIDs) with sixteen or less
				beds.
ICFs/IIDs with sixteen or less beds shall be authorized to use the
				twenty-four-hour-based staffing requirements specified in (c) and (d) of
				42 CFR
				483.430 (2011).
(g)
Shift-based ratios for noncompliant
				facilities.
This paragraph implements 63:1-1925.2(F)(4).
(1) When the provisions of 63:1-1925.2(F)(1)
				are in effect, pursuant to 63:1-1925.2(B)(7), the following minimum
				direct-care-staff-to-resident ratios for non-compliant facilities shall apply
				in addition to other state and federal requirements related to the staffing of
				nursing facilities:
(A) From 7:00 a.m. to
				3:00 p.m., one direct-care staff to every five residents,
(B) From 3:00 p.m. to 11:00 p.m., one
				direct-care staff to every seven residents, and
(C) From 11:00 p.m. to 7:00 a.m., one
				direct-care staff to every thirteen residents.