Okla. Stat. tit. 63, § 63-1-1900.2: Waiver of Nursing Home Care Act provisions and rules

A. It is the intent of the Legislature to foster the

development of resident autonomy, individualization and culture

change in nursing facilities licensed by the State Department of

Health.

B. The Commissioner of Health is authorized to waive any

provision of the Nursing Home Care Act and any rules promulgated

pursuant thereto, provided:

1. The waiver will not cause the State of Oklahoma to fail to

comply with any applicable requirements established by the Centers

for Medicare and Medicaid Services;

2. The waiver is granted to allow a nursing facility to satisfy

the spirit of a statutory or administrative requirement by

alternative means;

3. The waiver will not adversely affect the health, safety or

welfare of any resident of a nursing facility; and

4. The waiver is in support of a deinstitutionalization model

that restores individuals to a self-contained residence in the

community that is designed like a private home and houses no more

than twelve individuals.

C. The State Board of Health shall promulgate rules and

establish procedures necessary to implement the waiver process

established by this section.