{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1914.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1914.1","heading":"Remedies for violations - Considerations in","body":"determining appropriate remedy.\n\nA. For violations of the Nursing Home Care Act, the rules\n\npromulgated thereto, or Medicare/Medicaid certification regulations:\n\n1. The State Department of Health shall seek remedial action\n\nagainst a licensee, owner or operator of a facility and may, after\n\nnotice and opportunity for a hearing, impose the remedy most likely\n\nto:\n\na. gain and ensure continued compliance with the Nursing\n\nHome Care Act, the rules promulgated thereto, or\n\nfederal certification standards or both rules and\n\nstandards, or\n\nb. provide for the financial operation of the facility\n\nthat ensures the health, safety and welfare of the\n\nresidents;\n\n2. In the alternative or in addition to any remedial action,\n\nthe State Commissioner of Health may direct the Oklahoma Health Care\n\nAuthority to withhold vendor payments due to a facility under its\n\nprograms until such time as the corrections are made;\n\n3. The Department may deny, refuse to renew, suspend or revoke\n\na license, ban future admissions to a facility, assess\n\nadministrative penalties, or issue a conditional license; and\n\n4. a. Pursuant to an investigation or inspection that\n\nreveals a willful violation of rules pertaining to\n\nminimum direct-care staffing requirements, the\n\nCommissioner shall notify the Oklahoma Health Care\n\nAuthority and the Authority shall withhold as a\n\npenalty a minimum of twenty percent (20%) of the\n\nvendor payments due the facility under its programs\n\nfor each day such violation continues.\n\nb. The Commissioner shall impose an equivalent penalty\n\namount under licensure standards for a facility that\n\ndoes not receive vendor payments under its program\n\nthat is in willful violation of rules pertaining to\n\nminimum direct-care staffing requirements.\n\nB. Whenever the Department takes remedial action against a\n\nfacility because the financial condition of the facility has\n\nendangered or is at risk of endangering the proper operation of the\n\nfacility or the health, safety or welfare of the residents of the\n\nfacility, the Department shall also review the conditions of all\n\nother facilities in this state owned or operated by a person with a\n\ncontrolling interest as defined Section 1-851.1 of this title, and\n\nmay take remedial action against the facilities as necessary or\n\nappropriate.\n\nC. Remedial action as provided in subsection A or B of this\n\nsection shall be based on current and past noncompliance or\n\nincomplete or partial compliance; repeated violations; or failure to\n\nsubstantially comply with the Nursing Home Care Act and rules\n\npromulgated thereto. In determining the most appropriate remedy,\n\nthe Department shall consider at least the following:\n\n1. The nature, circumstances and gravity of the violations;\n\n2. The repetitive nature of the violations at the facility or\n\nothers operated by the same or related entities;\n\n3. The previous degree of difficulty in obtaining compliance\n\nwith the rules at the facility or others operated by the same or\n\nrelated entities; and\n\n4. A clear demonstration of good faith in attempting to achieve\n\nand maintain continuing compliance with the provisions of the\n\nNursing Home Care Act.","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":"bdcf5df9f99b396838d0b5490293374d64b5822b39512d052c2a409d6c233374","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1914","next":"us-ok/okla.-stat.-tit.-63-63-1-1914.10"},"notice":"GroundRules: Original legal text. Not legal advice."}