{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-853","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-853","heading":"Findings as to necessity","body":"A. Except as provided in subsections B and C of this section,\n\nno certificate of need shall be issued by the State Department of\n\nHealth unless after investigation the State Commissioner of Health\n\nmakes the following findings:\n\n1. The action proposed in the application for such certificate\n\nof need is necessary and desirable in order to provide the services\n\nrequired in the locality to be served;\n\n2. The proposed action can be economically accomplished and\n\nmaintained;\n\n3. The proposed action will contribute to the orderly\n\ndevelopment of long-term care services in the locality;\n\n4. The applicant is or employs a licensed nursing home\n\nadministrator; and\n\n5. The applicant is found to be in compliance with the\n\nprovisions of subsection D of this section.\n\nB. 1. An application for a certificate of need for a capital\n\nexpenditure to eliminate or prevent imminent safety hazards as\n\ndefined by federal, state or local fire, building or life safety\n\ncodes or regulations, or to comply with state licensure standards,\n\nor to comply with accreditation standards, compliance with which is\n\nrequired to receive reimbursements under Title XVIII of the Social\n\nSecurity Act or payments under a state plan for medical assistance\n\napproved under Title XIX of such act, shall be approved unless the\n\nDepartment finds:\n\na. that the facility or service is not needed, or\n\nb. that the applicant is found to be out of compliance\n\nwith the provisions of subsection D of this section.\n\n2. Approval under this subsection shall cover only the capital\n\nexpenditure to eliminate or prevent the hazards or to comply with\n\nstandards described herein.\n\nC. No certificate of need shall be issued for the acquisition\n\nof an existing facility unless after investigation the Commissioner\n\nfinds that the applicant:\n\n1. Has financial resources necessary to complete the\n\ntransaction and to maintain services and staffing; and\n\n2. Is found to be in compliance with the provisions of\n\nsubsection D of this section.\n\nD. 1. The Commissioner shall refuse to issue a certificate of\n\nneed to any applicant who has had, in ten percent (10%) or more of\n\nthe applicant's long-term care facility holdings in the preceding\n\nsixty (60) months, a facility license or certification revoked,\n\nrescinded, canceled, terminated, involuntarily suspended, or refused\n\nrenewal; or if the license or certification was relinquished\n\nvoluntarily in lieu of penalty.\n\n2. The Commissioner shall refuse to issue a certificate of need\n\nto any applicant except where the applicant overcomes a presumption\n\nagainst approval with clear and convincing evidence that one of the\n\nfollowing circumstances was not due to the action or inaction of the\n\napplicant or any person with a controlling interest:\n\na. the applicant has had, in any of the applicant's long-\n\nterm care holdings in the preceding sixty (60) months,\n\na facility's license or certificate revoked,\n\nrescinded, canceled, terminated, involuntarily\n\nsuspended or refused renewal,\n\nb. the applicant has a history of noncompliance, as\n\ndefined by statute, with the standards for licensure\n\nof long-term care facilities of any state in which the\n\napplicant has or has had long-term care facilities, or\n\nwith federal standards for certification of long-term\n\ncare facilities,\n\nc. the applicant, in all current and prior ownership,\n\noperation and management of long-term care facilities,\n\nhas not complied with all lawful orders of suspension,\n\nreceivership, temporary management, or administrative\n\npenalty issued by the Department or by other\n\nauthorities with similar responsibilities in other\n\nstates or by the federal Centers for Medicare and\n\nMedicaid Services, or\n\nd. the applicant has been convicted of a felony criminal\n\noffense related to the operation or management of a\n\nlong-term care facility.\nagement, or administrative\n\npenalty issued by the Department or by other\n\nauthorities with similar responsibilities in other\n\nstates or by the federal Centers for Medicare and\n\nMedicaid Services, or\n\nd. the applicant has been convicted of a felony criminal\n\noffense related to the operation or management of a\n\nlong-term care facility.\n\n3. Other than any of those reasons listed in paragraph 1 or 2\n\nof this subsection, the Commissioner may refuse to issue a\n\ncertificate of need to any applicant who has had, in the preceding\n\nthirty-six (36) months, one or more of the following:\n\na. findings of substandard quality of care or\n\nnoncompliance with two or more conditions of\n\nparticipation on twenty percent (20%) or more of the\n\nsurveys conducted in the applicant’s long-term care\n\nfacility holdings or against any long-term care\n\nfacility operated by a person with a controlling\n\ninterest during the preceding thirty-six (36) months,\n\nb. a temporary manager, monitor, or receiver appointed,\n\nor\n\nc. had a civil money penalty imposed of Thirty-five\n\nThousand Dollars ($35,000.00) or more.\n\nE. Noncompliance with a final agency order or final order or\n\njudgment of a court of record which has been set aside by a court on\n\nappeal of such final order or judgment shall not be considered a\n\nfinal order or judgment for the purposes of this section.\n\nF. When the Commissioner makes a determination to issue or deny\n\na certificate of need, the Commissioner shall provide written\n\nfindings to the applicant, other reviewers and to other persons upon\n\ntheir request. The certificate of need shall establish the maximum\n\ncapital expenditure for the project. The State Board of Health\n\nshall adopt rules concerning the time in which a decision must be\n\nmade on an application.\n\nG. Any person may request a reconsideration of the\n\nCommissioner's determination for good cause shown, the grounds for\n\nwhich shall be established by the Board by rule. A request for\n\nreconsideration shall be filed within ten (10) days of the\n\nDepartment determination. The hearing thereupon shall be conducted\n\nwithin thirty (30) days following the receipt of request. Written\n\nfindings shall be issued within forty-five (45) days of such\n\nhearing.","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":"7bdd2e7dc6dd7d1dbb18f245e0661e59c6345a6496de3b7bb39cca92fd6f4df6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-852.1","next":"us-ok/okla.-stat.-tit.-63-63-1-853.1"},"notice":"GroundRules: Original legal text. Not legal advice."}