{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-853.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-853.1","heading":"Investigation of application by not-for-profit life","body":"care community for certificate of need.\n\nA. The investigation made pursuant to an application by a not-\n\nfor-profit life care community for a certificate of need shall\n\ninclude:\n\n1. The adequacy of financial resources for the acquisition,\n\nexpansion, or establishment of a new long-term care facility and for\n\nthe continued operation thereof;\n\n2. The record of the applicant's current and prior ownership,\n\noperation, and management of similar facilities in this state and in\n\nany other state. The investigation of such record shall include,\n\nbut not be limited to, inquiry to the State Long-Term Care Ombudsman\n\nOffice, the state Medicaid Fraud Control Unit, and the state\n\nlicensure and certification agency;\n\n3. If the applicant has holdings in Oklahoma, a review of\n\nminutes of family councils and residents' councils, and the\n\nfacilities' responses, from each of the applicant's holdings in this\n\nstate; and\n\n4. Any other matter which the Department deems necessary and\n\nappropriate.\n\nB. 1. The State Department of Health may approve an initial\n\ncertificate of need for a not-for-profit life care community for\n\nnursing care beds that does not exceed twenty percent (20%) of the\n\ntotal number of units in the life care community for which no\n\ncertificate of need is required.\n\n2. Approval of the initial certificate of need shall include\n\nopen admission with respect to fifty percent (50%) of the nursing\n\ncare beds. With respect to the remaining nursing care beds, open\n\nadmission shall only be allowed during the first seven (7) years\n\nfollowing the initial licensure of nursing care beds in the life\n\ncare community.\n\n3. Upon expiration of the one-time seven-year open admission\n\nperiod, with respect to fifty percent (50%) of the nursing care\n\nbeds, a life care community that has obtained a certificate of need\n\npursuant to this section shall admit only the following persons to\n\nits nursing care beds:\n\na. an individual who has executed a written agreement for\n\nservices with the facility and who has been a bona\n\nfide resident of the portion of the life care\n\ncommunity for which a certificate of need bed is not\n\nrequired for a period of at least thirty (30) days,\n\nb. an individual who has executed a written agreement for\n\nservices with the facility and who has been a bona\n\nfide resident of the portion of the life care\n\ncommunity for which a certificate of need bed is not\n\nrequired for a period of less than thirty (30) days\n\nand requires skilled care that was not originally\n\ncontemplated upon admission to the life care\n\ncommunity,\n\nc. an individual who has executed a written agreement for\n\nservices with the facility and whose physician\n\ncertifies that the individual is likely to be able to\n\nmove to a portion of the life care community for which\n\na certificate of need bed is not required in thirty\n\n(30) days or less after entering the life care\n\ncommunity, or\n\nd. an individual who is a family member (spouse, parent,\n\nchild, sibling, aunt, uncle or first cousin by blood,\n\nmarriage or adoption) of an individual who has\n\nexecuted a written agreement for services with the\n\nfacility and resides in the portion of the life care\n\ncommunity for which a certificate of need bed is not\n\nrequired.\n\nC. The State Department of Health may approve a subsequent\n\ncertificate of need for nursing care beds for a not-for-profit life\n\ncare community that has obtained a certificate of need pursuant to\n\nthis section when a subsequent application does not cause the\n\nnursing care beds to exceed twenty percent (20%) of the total number\n\nof units in the life care community for which no certificate of need\n\nis required. No open admission period shall be authorized for the\n\nadditional nursing care beds.\n\nD. The provisions of subsections B and C of this section shall\n\napply to all certificates of need previously or hereafter granted\n\npursuant to the provisions of this section.","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":"36b55e29b3ee5dc805999ccb7da0c681766f94208edd2be2551e61d886700650","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-853","next":"us-ok/okla.-stat.-tit.-63-63-1-854.1"},"notice":"GroundRules: Original legal text. Not legal advice."}