Okla. Stat. tit. 63, § 63-1-890.6: Application of act - Bans on admission - Penalties

A. The Continuum of Care and Assisted Living Act shall not

apply to residential care homes, adult companion homes, domiciliary

care units operated by the Department of Veterans Affairs, the

private residences of persons with developmental disabilities

receiving services provided by the Developmental Disabilities

Services Division of the Department of Human Services or through the

Home- and Community-Based Waiver or the Alternative Disposition Plan

Waiver of the Oklahoma Health Care Authority, or to hotels, motels,

boardinghouses, rooming houses, a home or facility approved and

annually reviewed by the United States Department of Veterans

Affairs as a medical foster home in which care is provided

exclusively to three or fewer veterans, or other places that furnish

board or room to their residents. The Continuum of Care and

Assisted Living Act shall not apply to facilities not charging or

receiving periodic compensation for services rendered and not

receiving any county, state or federal assistance.

B. The State Commissioner of Health may ban admissions to, or

deny, suspend, refuse to renew or revoke the license of, any

continuum of care facility or assisted living center which fails to

comply with the Continuum of Care and Assisted Living Act or rules

promulgated by the State Board of Health.

C. Any person who has been determined by the Commissioner to

have violated any provision of the Continuum of Care and Assisted

Living Act or any rule promulgated hereunder shall be liable for an

administrative penalty of not more than Five Hundred Dollars

($500.00) for each day that the violation occurs.

D. 1. The State Department of Health shall develop a

classification system of violations, taking into consideration the

recommendations of the Long-Term Care Facility Advisory Board

pursuant to Section 1-1923 of this title, which shall gauge the

severity of the violation and specify graduated penalties based on:

a. no actual harm with the potential for minimal harm,

b. no actual harm with the potential for more than

minimal harm,

c. actual harm that is not immediate jeopardy, and

d. immediate jeopardy to resident health and safety.

2. Upon discovery of one or more violations, the Department

shall provide a statement of deficiencies containing the violations.

The continuum of care facility or assisted living center shall be

required to correct these violations and submit a plan of correction

that details how the facility or center will correct each violation,

ensure that the violation will not occur in the future and a period

to correct each violation not to exceed sixty (60) days.

3. No fine shall be assessed for any violation that is not

classified as actual harm or immediate jeopardy, unless the

continuum of care facility or assisted living center fails to

correct the violation within the period set forth in the accepted

plan of correction. Fines may be assessed at any time for any

violations that are classified as actual harm or immediate jeopardy.

4. Any new violation unrelated to the original violation and

not classified as actual harm or immediate jeopardy that is

discovered upon a revisitation of a continuum of care facility or

assisted living center shall constitute a new action and shall not

be included in the original citation or assessment of fines or

penalties; provided, that a preexisting violation not corrected in

compliance with the approved plan of correction shall be considered

still in effect.

E. If a continuum of care facility's failure to comply with the

Continuum of Care and Assisted Living Act or rules involves nursing

care services, the Commissioner shall have authority to exercise

additional remedies provided under the Nursing Home Care Act. If a

continuum of care facility's failure to comply with the Continuum of

Care and Assisted Living Act or rules involves adult day care

E. If a continuum of care facility's failure to comply with the

Continuum of Care and Assisted Living Act or rules involves nursing

care services, the Commissioner shall have authority to exercise

additional remedies provided under the Nursing Home Care Act. If a

continuum of care facility's failure to comply with the Continuum of

Care and Assisted Living Act or rules involves adult day care

services, then the Commissioner shall have authority to exercise

additional remedies provided under the Adult Day Care Act.

F. In taking any action to deny, suspend, deny renewal, or

revoke a license, or to impose an administrative fee, the

Commissioner shall comply with requirements of the Administrative

Procedures Act.