{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-851.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-851.1","heading":"Definitions","body":"For purposes of the Long-term Care Certificate of Need Act:\n\n1. \"Board\" means the State Board of Health;\n\n2. \"Commissioner\" means the State Commissioner of Health;\n\n3. \"Department\" means the State Department of Health;\n\n4. \"Long-term care facility\" means:\n\na. a nursing facility or a specialized facility, as such\n\nterms are defined by Section 1-1902 of this title,\n\nb. skilled nursing care provided in a distinct part of a\n\nhospital as such term is defined by Section 1-701 of\n\nthis title,\n\nc. the nursing care component of a continuum of care\n\nfacility, as such term is defined under the Continuum\n\nof Care and Assisted Living Act, or\n\nd. the nursing care component of a life care community as\n\nsuch term is defined by the Long-term Care Insurance\n\nAct;\n\n5. \"Disclosure statement\" means a written statement by the\n\napplicant which contains:\n\na. the full name, business address, and Social Security\n\nnumber of the applicant, and all persons with\n\ncontrolling interest as defined by the Long-term Care\n\nCertificate of Need Act,\n\nb. the full name and address of any legal entity in which\n\nthe applicant holds a debt or equity interest of at\n\nleast five percent (5%), or which is a parent company\n\nor subsidiary of the applicant,\n\nc. a description of the experience and credentials of the\n\napplicant, including any past or present permits,\n\nlicenses, certifications, or operational\n\nauthorizations relating to long-term care facility\n\nregulation,\n\nd. a listing and explanation of any administrative, civil\n\nor criminal legal actions against the applicant or any\n\nperson with a controlling interest which resulted in a\n\nfinal agency order or final judgment by a court of\n\nrecord including, but not limited to, final orders or\n\njudgments on appeal related to long-term care in the\n\nfive (5) years immediately preceding the filing of the\n\napplication. Such actions shall include, without\n\nlimitation, any permit denial or any sanction imposed\n\nby a state regulatory authority or the Centers for\n\nMedicare and Medicaid Services, and\n\ne. a listing of any federal long-term care agency and any\n\nstate long-term care agency outside this state that\n\nhas or has had regulatory responsibility over the\n\napplicant;\n\n6. \"History of noncompliance\" means three standard or complaint\n\nsurveys found to be at the substandard quality of care level when\n\nthe facility does not achieve compliance by date certain in a\n\nnursing facility or specialized facility for persons with\n\nAlzheimer's disease or related disorders. Additionally, \"history of\n\nnoncompliance\" for an intermediate care or specialized facility for\n\npersons with intellectual disabilities means three consecutive\n\nroutine or complaint surveys that resulted in determinations that\n\nthe facility was out of compliance with two or more Conditions of\n\nParticipation in the Medicaid program within the preceding thirty-\n\nsix (36) months when the facility does not achieve compliance within\n\nsixty (60) days;\n\n7. \"Person\" means any individual, corporation, industry, firm,\n\npartnership, association, venture, trust, institution, federal,\n\nstate or local governmental instrumentality, agency or body or any\n\nother legal entity however organized; and\n\n8. \"Person with a controlling interest\" means a person who\n\nmeets any one or more of the following requirements:\n\na. controls fifty percent (50%) or more of the common\n\nstock of the corporate entity involved or controls\n\nfifty percent (50%) or more of the interest in the\n\npartnership involved,\n\nb. controls a percentage of stock greater than any other\n\nstockholder or equal to the other single largest\n\nstockholder or controls a percentage of partnership\n\ninterest greater than any other partner or equal to\n\nthe other single largest partnership interest, or\n\nc. a managing member of a Limited Liability Company\n\n(LLC).","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":"bc06c4d91e674c262df1c7fd3f7149013e5243e6c775562f6e775a7e55f17f39","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-851","next":"us-ok/okla.-stat.-tit.-63-63-1-851.2"},"notice":"GroundRules: Original legal text. Not legal advice."}
