{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1940","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1940","heading":"Violations declared public nuisance - Injunction -","body":"Complaints.\n\nA. The operation or maintenance of a facility in violation of\n\nthe Nursing Home Care Act or rules promulgated by the State Board of\n\nHealth, pursuant thereto, is hereby declared a public nuisance,\n\ninimical to the public welfare.\n\nB. The State Commissioner of Health or the Department of Human\n\nServices, in the name of the people of the state, through the\n\nAttorney General, or the district attorney of the county in which\n\nthe facility is located, may, in addition to other remedies herein\n\nprovided, bring action for an injunction to restrain such violation\n\nor to enjoin the future operation or maintenance of any such\n\nfacility.\n\nC. 1. Any person with personal knowledge or substantial\n\nspecific information who believes that the Nursing Home Care Act, a\n\nrule promulgated thereto, or a federal certification rule applying\n\nto a facility may have been violated may file a complaint.\n\n2. The complaint may be submitted to the State Department of\n\nHealth, in writing, by telephone, or personally. An oral complaint\n\nshall be reduced to writing by the Department.\n\n3. Any person who willfully or recklessly makes a false\n\ncomplaint or a report without a reasonable basis in fact for such a\n\ncomplaint, under the provisions of the Nursing Home Care Act, shall\n\nbe liable in a civil suit for any actual damages suffered by a\n\nfacility for any punitive damages set by the court or jury which may\n\nbe allowed in the discretion of the court or jury when deemed proper\n\nby the court or jury.\n\n4. The substance of the complaint shall be provided to the\n\nlicensee, owner or administrator no earlier than at the commencement\n\nof the on-site inspection of the facility which takes place pursuant\n\nto the complaint.\n\n5. Upon receipt of a complaint pursuant to this subsection, the\n\nDepartment shall determine whether the Nursing Home Care Act, a rule\n\npromulgated pursuant thereto, or a federal certification rule for\n\nfacilities has been or is being violated and whether the Department\n\nhas jurisdiction over the complaint area. If the Department does\n\nnot have jurisdiction over the complaint area, the complaint shall\n\nnot be investigated by the Department and notice of the decision not\n\nto investigate shall be given to the complainant. The complaint\n\nshall be immediately referred to the appropriate agency having\n\njurisdiction over the complaint area. A report summarizing the\n\ncomplaint investigation shall be made in writing. The Department\n\nshall give priority to investigations of complaints which allege\n\ncontinuing violations or which threaten the health and safety of\n\nresidents.\n\n6. In all cases, the Department shall inform the complainant of\n\nits findings within ten (10) working days of its determination\n\nunless otherwise indicated by the complainant. The complainant may\n\ndirect the Department to send a copy of such findings to one other\n\nperson. The notice of such findings shall include a copy of the\n\nwritten determination, the remedial action taken, if any, and the\n\nstate licensure or federal certification, or both, on which the\n\nviolation is listed.\n\nD. 1. Upon receipt of a complaint submitted to the State\n\nDepartment of Health by the Department of Human Services or the\n\nAttorney General which alleges a violation of the Nursing Home Care\n\nAct, any rule promulgated thereto, or federal certification rules,\n\nand which also alleges that such violation is a serious threat to\n\nthe health, safety and welfare of a resident of a nursing facility,\n\nthe State Department of Health shall take immediate action to remedy\n\nthe violation based upon the complaint of the Department of Human\n\nServices.\n\n2. The Department of Human Services or the Attorney General as\n\napplicable shall be deemed a party pursuant to the Administrative\n\nProcedures Act for purposes of any complaint made by the Department\n\nof Human Services or the Attorney General as applicable to the State\nment of Health shall take immediate action to remedy\n\nthe violation based upon the complaint of the Department of Human\n\nServices.\n\n2. The Department of Human Services or the Attorney General as\n\napplicable shall be deemed a party pursuant to the Administrative\n\nProcedures Act for purposes of any complaint made by the Department\n\nof Human Services or the Attorney General as applicable to the State\n\nDepartment of Health for violations of the Nursing Home Care Act,\n\nrules promulgated thereto or federal certification rules.\n\na. Within thirty (30) days of receipt of a final\n\ninvestigative report submitted by the Department of\n\nHuman Services or the Attorney General as applicable\n\npursuant to this section, the State Department of\n\nHealth shall provide the Department of Human Services\n\nwith a written summary of any action taken pertaining\n\nto the complaint including, but not limited to, any\n\ninspection or actions which may be taken by the State\n\nDepartment of Health.\n\nb. Whenever the Department of Human Services or the\n\nAttorney General as applicable believes that the\n\nconditions giving rise to a complaint alleging a\n\nserious threat to the health, safety and welfare of a\n\nresident of a nursing facility have not been\n\nadequately addressed, the Department of Human Services\n\nmay request a hearing on the complaint as provided by\n\nSection 309 of Title 75 of the Oklahoma Statutes.\n\nE. A written determination, notice of violation and remedial\n\naction taken concerning a complaint shall be available for public\n\ninspection at the facility.\n\nF. The Department shall seek any remedial action provided under\n\nthe Nursing Home Care Act for violations documented during complaint\n\ninvestigations.\n\nG. The State Board of Health shall promulgate rules governing\n\nthe receipt, investigation and resolution of complaints and reports\n\nof violations. The rules promulgated by the Board shall provide for\n\nthe expeditious investigation and resolution of a complaint or\n\nreport including, but not limited to:\n\n1. An easily understood and readily accessible method of\n\nsubmitting complaints and reports regarding complaints;\n\n2. Actions to be taken upon the receipt of a complaint or\n\nreport of a complaint;\n\n3. Establishing a priority for investigations of complaints.\n\nSpecifically, the Department shall give higher priority to\n\ninvestigations of complaints which allege continuing violations or\n\nwhich threaten the health, safety or welfare of residents;\n\n4. The timely investigation of the complaint or report of a\n\ncomplaint;\n\n5. Written reports to the complainants or persons filing the\n\ncomplaint report;\n\n6. Any necessary or appropriate remedial action as determined\n\nby the findings of the investigation;\n\n7. The protection of the identity of the complainant, provided\n\nthat the person is a current or past resident or resident’s\n\nrepresentative or designated guardian or a current or past employee\n\nof a facility;\n\n8. Specific information to be included in investigative\n\nprotocols which must include at a minimum an interview with:\n\na. the complainant,\n\nb. the resident, if possible, and\n\nc. any potential witness, collateral resource or affected\n\nresident; and\n\n9. Any additional rules necessary for the timely and thorough\n\ninvestigation and resolution of complaints.\n\nH. The Department is authorized to employ hearing officers, and\n\nhire attorneys to represent the Department and Commissioner to\n\nensure that this and other laws pertaining to the Department are\n\nproperly executed.","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":"3b8680903b00494f85b63438f3aff17113200946aaf420bdc14a8e0ea2f920eb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1939","next":"us-ok/okla.-stat.-tit.-63-63-1-1941"},"notice":"GroundRules: Original legal text. Not legal advice."}