Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-4 - Appeal process for residents objecting to discharge

Current through Vol. 41, No. 20, July 1, 2024
(a) If a written request for a hearing is
				properly filed, the Oklahoma State Department of Health shall convene a hearing
				within ten (10) working days of receipt of the request.
(b) The request may be in the form of a
				letter or a formal request for hearing from the resident or resident's
				representative. In the event that the resident is unable to write, a verbal
				request made to the hearing clerk shall be sufficient. The Oklahoma State
				Department of Health shall reduce the verbal request to writing and send a copy
				to the resident. The request should state the reason for the discharge and
				attach a copy of the letter to the Center and to the Executive Director of the
				Oklahoma Department of Veterans Affairs.
(c) During the pendency of the hearing, the
				facility shall not discharge the resident unless the discharge was required by
				an emergency situation.
(d) If the
				resident relocates from the facility but wants to be readmitted, the hearing
				may proceed and the facility shall be required to readmit the resident to the
				first available bed if the discharge is found not to meet the requirements of
				the Nursing Home Care Act, state and federal laws applicable to the Oklahoma
				Department of Veterans Affairs facilities, these regulations and regulations of
				the Oklahoma State Department of Health, found in OAC 310:675.
(e) The Oklahoma State Department of Health
				shall provide the Administrative Law Judge and the space for the hearing. The
				parties, including the resident, and the Oklahoma Department of Veterans
				Affairs, may be represented by counsel or may represent themselves.
(f) The hearing shall be conducted at the
				Oklahoma State Department of Health building unless there is a request for the
				hearing to be held at the facility or at another place. Providing the hearing
				room in such a case shall be the responsibility of the parties. The Department
				of Health shall maintain a record on the case as it does for any other
				individual proceeding.
(g) The
				hearing shall be conducted in accordance with the Oklahoma State Department of
				Health's procedures, found in Chapter 2 of Title 310 of the Oklahoma
				Administrative Code. The Administrative Law Judge's order shall include
				findings of fact, conclusions of law, and an order as to whether or not the
				transfer or discharge was according to law and shall also comply with any
				federal certification standards. The more restrictive rule toward the facility
				shall be applied.
(h) If the
				Administrative Law Judge finds that the discharge was not according to law, the
				Department of Health shall review, investigate and issue deficiencies as
				appropriate.
(i) If the discharge
				is according to law, the order shall give the facility the right to discharge
				the resident.
(j) The scope of the
				hearing may include:
(1) Inadequate
				notice;
(2) Discharge based on
				reason not stated in the law;
(3)
				Sufficiency of the evidence to support the involuntary discharge; or
(4) The finding of emergency.