{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1902","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1902","heading":"Definitions","body":"As used in the Nursing Home Care Act:\n\n1. “Abuse” means the willful infliction of injury, unreasonable\n\nconfinement, intimidation, or punishment, with resulting physical\n\nharm, impairment, or mental anguish;\n\n2. “Access” means the right of a person to enter a facility to\n\ncommunicate privately and without unreasonable restriction when\n\ninvited to do so by a resident. A representative of the Office of\n\nthe State Long-Term Care Ombudsman and a case manager employed by\n\nthe Department of Mental Health and Substance Abuse Services or one\n\nof its contract agencies shall have right of access to enter a\n\nfacility, communicate privately and without unreasonable restriction\n\nwith any resident who consents to the communication, to seek consent\n\nto communicate privately and without restriction with any resident,\n\nand to observe all areas of the facility that directly pertain to\n\nthe patient care of the resident without infringing upon the privacy\n\nof the other residents without first obtaining their consent;\n\n3. “Administrator” means the person licensed by the State of\n\nOklahoma who is in charge of a facility. An administrator must\n\ndevote at least one-third (1/3) of such person's working time to on-\n\nthe-job supervision of the facility; provided, that this requirement\n\nshall not apply to an administrator of an intermediate care facility\n\nfor individuals with intellectual disabilities with sixteen or fewer\n\nbeds (ICF/IID-16), in which case the person licensed by the state\n\nmay be in charge of more than one such ICF/IID-16 facility, if such\n\nfacilities are located within a circle that has a radius of not more\n\nthan fifteen (15) miles, the total number of facilities and beds\n\ndoes not exceed six facilities and sixty-four beds, and each such\n\nICF/IID-16 facility is supervised by a qualified professional. The\n\nfacilities may be free-standing in a community or may be on campus\n\nwith a parent institution. The ICF/IID-16 facility may be\n\nindependently owned and operated or may be part of a larger\n\ninstitutional operation;\n\n4. “Advisory Board” means the Long-Term Care Facility Advisory\n\nBoard;\n\n5. “Adult companion home” means any home or establishment,\n\nfunded and certified by the Department of Human Services, which\n\nprovides homelike residential accommodations and supportive\n\nassistance to three or fewer adults with intellectual or\n\ndevelopmental disabilities;\n\n6. “Board” means the State Board of Health;\n\n7. “Commissioner” means the State Commissioner of Health;\n\n8. “Department” means the State Department of Health;\n\n9. “Facility” means a nursing facility and a specialized home;\n\nprovided, this term shall not include a residential care home or an\n\nadult companion home;\n\n10. “Nursing facility” means a home, an establishment, or an\n\ninstitution, a distinct part of which is primarily engaged in\n\nproviding:\n\na. skilled nursing care and related services for\n\nresidents who require medical or nursing care,\n\nb. rehabilitation services for the rehabilitation of\n\ninjured, disabled, or sick persons, or\n\nc. on a regular basis, health-related care and services\n\nto individuals who because of their mental or physical\n\ncondition require care and services beyond the level\n\nof care provided by a residential care home and which\n\ncan be made available to them only through a nursing\n\nfacility.\n\nNursing facility does not mean, for purposes of Section 1-851.1 of\n\nthis title, a facility constructed or operated by an entity\n\ndescribed in paragraph 7 of subsection B of Section 6201 of Title 74\n\nof the Oklahoma Statutes or the nursing care component of a\n\ncontinuum of care facility, as such term is defined under the\n\nContinuum of Care and Assisted Living Act, to the extent that the\n\nfacility constructed or operated by an entity described in paragraph\n\n7 of subsection B of Section 6201 of Title 74 of the Oklahoma\n\nStatutes contains such a nursing care component;\nf Section 6201 of Title 74\n\nof the Oklahoma Statutes or the nursing care component of a\n\ncontinuum of care facility, as such term is defined under the\n\nContinuum of Care and Assisted Living Act, to the extent that the\n\nfacility constructed or operated by an entity described in paragraph\n\n7 of subsection B of Section 6201 of Title 74 of the Oklahoma\n\nStatutes contains such a nursing care component;\n\n11. “Specialized facility” means any home, establishment, or\n\ninstitution which offers or provides inpatient long-term care\n\nservices on a twenty-four-hour basis to a limited category of\n\npersons requiring such services, including but not limited to a\n\nfacility providing health or habilitation services for individuals\n\nwith intellectual or developmental disabilities, but does not mean,\n\nfor purposes of Section 1-851.1 of this title, a facility\n\nconstructed or operated by an entity described in paragraph 7 of\n\nsubsection B of Section 6201 of Title 74 of the Oklahoma Statutes or\n\nthe nursing care component of a continuum of care facility, as such\n\nterm is defined under the Continuum of Care and Assisted Living Act,\n\nto the extent that the facility constructed or operated by an entity\n\ndescribed in paragraph 7 of subsection B of Section 6201 of Title 74\n\nof the Oklahoma Statutes contains such a nursing care component;\n\n12. “Residential care home” means any home, establishment, or\n\ninstitution licensed pursuant to the provisions of the Residential\n\nCare Act other than a hotel, motel, fraternity or sorority house, or\n\ncollege or university dormitory, which offers or provides\n\nresidential accommodations, food service, and supportive assistance\n\nto any of its residents or houses any resident requiring supportive\n\nassistance. The residents shall be persons who are ambulatory and\n\nessentially capable of managing their own affairs, but who do not\n\nroutinely require nursing care; provided, the term residential care\n\nhome shall not mean a hotel, motel, fraternity or sorority house, or\n\ncollege or university dormitory, if the facility operates in a\n\nmanner customary to its description and does not house any person\n\nwho requires supportive assistance from the facility in order to\n\nmeet an adequate level of daily living;\n\n13. “Licensee” means the person, a corporation, partnership, or\n\nassociation who is the owner of the facility which is licensed by\n\nthe Department pursuant to the provisions of the Nursing Home Care\n\nAct;\n\n14. “Maintenance” means meals, shelter, and laundry services;\n\n15. “Neglect” means failure to provide goods and/or services\n\nnecessary to avoid physical harm, mental anguish, or mental illness;\n\n16. “Owner” means a person, corporation, partnership,\n\nassociation, or other entity which owns a facility or leases a\n\nfacility. The person or entity that stands to profit or lose as a\n\nresult of the financial success or failure of the operation shall be\n\npresumed to be the owner of the facility. Notwithstanding the\n\nforegoing, any nonstate governmental entity that has acquired and\n\nowns or leases a facility and that has entered into an agreement\n\nwith the Oklahoma Health Care Authority to participate in the\n\nnursing facility supplemental payment program (UPL Owner) shall be\n\ndeemed the owner of such facility and shall be authorized to obtain\n\nmanagement services from a management services provider (UPL\n\nManager), and to delegate, allocate, and assign as between the UPL\n\nOwner and UPL Manager, compensation, profits, losses, liabilities,\n\ndecision-making authority, and responsibilities, including\n\nresponsibility for the employment, direction, supervision, and\n\ncontrol of the facility's administrator and staff;\n\n17. “Personal care” means assistance with meals, dressing,\n\nmovement, bathing or other personal needs or maintenance, or general\n\nsupervision of the physical and mental well-being of a person, who\nfits, losses, liabilities,\n\ndecision-making authority, and responsibilities, including\n\nresponsibility for the employment, direction, supervision, and\n\ncontrol of the facility's administrator and staff;\n\n17. “Personal care” means assistance with meals, dressing,\n\nmovement, bathing or other personal needs or maintenance, or general\n\nsupervision of the physical and mental well-being of a person, who\n\nis incapable of maintaining a private, independent residence, or who\n\nis incapable of managing his or her person, whether or not a\n\nguardian has been appointed for such person;\n\n18. “Resident” means a person residing in a facility due to\n\nillness, physical or mental infirmity, or advanced age;\n\n19. “Representative of a resident” means a court-appointed\n\nguardian or, if there is no court-appointed guardian, the parent of\n\na minor, a relative, or other person, designated in writing by the\n\nresident; provided, that any owner, operator, administrator, or\n\nemployee of a facility subject to the provisions of the Nursing Home\n\nCare Act, the Residential Care Act, or the Group Homes for Persons\n\nwith Developmental or Physical Disabilities Act shall not be\n\nappointed guardian or limited guardian of a resident of the facility\n\nunless the owner, operator, administrator, or employee is the spouse\n\nof the resident, or a relative of the resident within the second\n\ndegree of consanguinity and is otherwise eligible for appointment;\n\nand\n\n20. “Supportive assistance” means the service rendered to any\n\nperson which is less than the service provided by a nursing facility\n\nbut which is sufficient to enable the person to meet an adequate\n\nlevel of daily living. Supportive assistance includes but is not\n\nlimited to housekeeping, assistance in the preparation of meals,\n\nassistance in the safe storage, distribution, and administration of\n\nmedications, and assistance in personal care as is necessary for the\n\nhealth and comfort of such person. Supportive assistance shall not\n\ninclude medical service.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"94b67872e9d15c0728e4fdd1c8f0fdfaa6f5dd9326f2405c478e623ad207cbd4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1901","next":"us-ok/okla.-stat.-tit.-63-63-1-1903"},"notice":"GroundRules: Original legal text. Not legal advice."}
