{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1967a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1967a","heading":"Civil actions","body":"A. Any person, other legal entity, or any governmental agency\n\nmay bring a civil action to restrain a provider of home care\n\nservices, or a person acting on behalf of the provider or under the\n\nprovider's control from, or for the collection of damages caused by:\n\n1. Making or enforcing unconscionable terms or provisions of a\n\nprovider agreement;\n\n2. Fraudulent or unconscionable conduct in inducing a patient\n\nto enter into an agreement; or\n\n3. Fraudulent or unconscionable conduct in collecting fees for\n\nservices.\n\nB. In an action brought pursuant to this section, the court may\n\ngrant relief if it finds:\n\n1. That the defendant has made unconscionable agreements or has\n\nengaged in or is likely to engage in a course of fraudulent or\n\nunconscionable conduct;\n\n2. That the agreements or conduct of the defendant has caused\n\nor is likely to cause injury to a patient; or\n\n3. That the defendant has been able to cause or will be able to\n\ncause injury primarily because of the nature of the services\n\ninvolved.\n\nC. In applying this section, consideration shall be given to\n\neach of the following factors:\n\n1. Belief by the defendant at the time the services were\n\nprovided that there was no reasonable probability of injury;\n\n2. Knowledge by the defendant at the time the services were\n\nprovided of the inability of the patient to receive substantial\n\nbenefit from the services provided;\n\n3. Gross disparity between the price of the services provided\n\nmeasured by the price at which similar services are readily\n\navailable or obtainable by like patients;\n\n4. The fact that the defendant contracted for or received\n\nseparate or additional charges for services with the effect of\n\nmaking the cost for the services provided, considered as a whole,\n\nunconscionable;\n\n5. The fact that the defendant has knowingly taken advantage of\n\nthe inability of the patient reasonably to protect the patient's\n\ninterests by reason of physical or mental infirmities, ignorance,\n\nilliteracy, or inability to understand the language of the\n\nagreements or similar factors; and\n\n6. Any other fact.\n\nD. In an action brought pursuant to this section, conduct, a\n\ncharge, or a practice expressly specified in this section shall not\n\nin itself be deemed unconscionable.\n\nE. With respect to an action brought to restrain actions\n\npursuant to the provisions of the Home Care Act, or unconscionable\n\nagreements or fraudulent or unconscionable conduct, a person may\n\napply to the court for temporary relief against a defendant, pending\n\nfinal determination. If the court finds after a hearing held upon\n\nnotice to the defendant that there is reasonable cause to believe\n\nthat the defendant should be restrained, it may grant any temporary\n\nrelief or restraining order it deems appropriate.\n\nF. In addition, after demand, a person, other legal entity or\n\ngovernmental agency may bring a civil action against a provider of\n\nhome care services, or a person acting on behalf of the provider or\n\nunder the provider's control, to recover damages incurred as a\n\nresult of any action taken by the provider or such person, subject\n\nto the provisions of this section.\n\nG. The provisions of this section shall not affect any other\n\nremedies available under other principles of law or equity.","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":"c272b4006f0467937087aab8bb9b42053c1d069287b97dc9c071123093a8057c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1967","next":"us-ok/okla.-stat.-tit.-63-63-1-1968"},"notice":"GroundRules: Original legal text. Not legal advice."}