{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1912","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1912","heading":"Notice of violation and right to hearing – Emergency","body":"orders - Appeal.\n\nA. The State Department of Health shall promptly serve a notice\n\nof violation upon a licensee whenever, upon inspection or\n\ninvestigation, the Department determines that:\n\n1. The facility is in violation of the Nursing Home Care Act,\n\nany rule promulgated thereunder, or applicable federal certification\n\ncriteria; or\n\n2. The financial condition of the facility poses an immediate\n\nrisk to the proper operation of the facility or to the health,\n\nsafety or welfare of the residents of the facility.\n\nB. Each notice of violation shall be prepared in writing and\n\nshall specify the nature of the violation, and the statutory\n\nprovision, rule or standard alleged to have been violated. The\n\nnotice of violation shall inform the licensee of its obligation to\n\nfile a plan of correction within ten (10) working days of receipt of\n\nthe notice of violation. In the case of a specialized facility for\n\nindividuals with intellectual disabilities, the Department shall\n\noffer the licensee an informal opportunity comparable to the process\n\noffered to Medicaid-certified nursing facilities pursuant to 42 CFR\n\n488.331, in order to dispute the alleged violations.\n\nC. The Department shall notify the licensee of its intent to\n\ntake any remedial action, impose administrative penalties, place a\n\nmonitor or temporary manager in the facility, issue a conditional\n\nlicense, or suspend or revoke a license. The Department shall also\n\ninform the licensee of the right to an informal dispute resolution,\n\nhearing, or both.\n\nD. Whenever the Department finds that an emergency exists\n\nrequiring immediate action to protect the health, safety or welfare\n\nof any resident of a facility licensed pursuant to the provisions of\n\nthe Nursing Home Care Act, the Department may, without notice of\n\nhearing, issue an order stating the existence of such an emergency\n\nand requiring that action be taken as deemed necessary by the\n\nDepartment to meet the emergency. The order shall be effective\n\nimmediately. Any person to whom such an order is directed shall\n\ncomply with such order immediately but, upon application to the\n\nDepartment, shall be afforded a hearing within ten (10) business\n\ndays of receipt of the application. On the basis of such hearing,\n\nthe Department may continue the order in effect, revoke it, or\n\nmodify it. Any person aggrieved by such order continued after the\n\nhearing provided in this subsection may appeal to the district court\n\nin Oklahoma County within thirty (30) days. Such appeal when\n\ndocketed shall have priority over all cases pending on the docket,\n\nexcept criminal cases. For purposes of this subsection, the State\n\nBoard of Health shall define by rule the term \"emergency\" to\n\ninclude, but not be limited to, a life-endangering situation.\n\nE. Within thirty (30) days of receipt of a plan of correction\n\nby the State Department of Health from any facility operated by the\n\nOklahoma Department of Veterans Affairs, the State Department of\n\nHealth shall submit the results of the inspection, including a list\n\nof deficiencies in the condition or operation of the facility and\n\nrecommendations for corrective measures in the form of a written\n\nreport to the person immediately responsible for the administration\n\nof the facility inspected, to the Oklahoma Department of Veterans\n\nAffairs, to the Governor, to the Speaker of the House of\n\nRepresentatives, and to the President Pro Tempore of the Senate.\n\nF. At the conclusion of an inspection, survey, or\n\ninvestigation, the survey team's observations and preliminary\n\nfindings shall be discussed in an exit conference with the facility\n\npersonnel. During the exit conference, the facility shall be\n\nprovided with the opportunity to discuss and supply additional\n\ninformation that they believe is pertinent to the preliminary\n\nfindings. The following shall be provided to the facility:\n\n1. A written list containing preliminary areas of potential\ntions and preliminary\n\nfindings shall be discussed in an exit conference with the facility\n\npersonnel. During the exit conference, the facility shall be\n\nprovided with the opportunity to discuss and supply additional\n\ninformation that they believe is pertinent to the preliminary\n\nfindings. The following shall be provided to the facility:\n\n1. A written list containing preliminary areas of potential\n\nnoncompliance with state requirements based on findings during the\n\nsurvey, inspection or investigation. The information provided\n\nshould be adequate to notify staff of surveyor concerns regarding\n\npreliminary findings that indicate actual harm or substandard\n\nquality of care; and\n\n2. Any additional noncompliance with state requirements\n\ndetermined during the review of field notes or in preparation of the\n\nfinal survey report will be communicated to the facility personnel\n\nby email or phone before issuing the final survey report.","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":"73463f983e63b3c70b5af453c6b3544be2bab8846d92c9e353fa208f833a415d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1911","next":"us-ok/okla.-stat.-tit.-63-63-1-1914"},"notice":"GroundRules: Original legal text. Not legal advice."}