{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-890.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-890.6","heading":"Application of act - Bans on admission - Penalties","body":"A. The Continuum of Care and Assisted Living Act shall not\n\napply to residential care homes, adult companion homes, domiciliary\n\ncare units operated by the Department of Veterans Affairs, the\n\nprivate residences of persons with developmental disabilities\n\nreceiving services provided by the Developmental Disabilities\n\nServices Division of the Department of Human Services or through the\n\nHome- and Community-Based Waiver or the Alternative Disposition Plan\n\nWaiver of the Oklahoma Health Care Authority, or to hotels, motels,\n\nboardinghouses, rooming houses, a home or facility approved and\n\nannually reviewed by the United States Department of Veterans\n\nAffairs as a medical foster home in which care is provided\n\nexclusively to three or fewer veterans, or other places that furnish\n\nboard or room to their residents. The Continuum of Care and\n\nAssisted Living Act shall not apply to facilities not charging or\n\nreceiving periodic compensation for services rendered and not\n\nreceiving any county, state or federal assistance.\n\nB. The State Commissioner of Health may ban admissions to, or\n\ndeny, suspend, refuse to renew or revoke the license of, any\n\ncontinuum of care facility or assisted living center which fails to\n\ncomply with the Continuum of Care and Assisted Living Act or rules\n\npromulgated by the State Board of Health.\n\nC. Any person who has been determined by the Commissioner to\n\nhave violated any provision of the Continuum of Care and Assisted\n\nLiving Act or any rule promulgated hereunder shall be liable for an\n\nadministrative penalty of not more than Five Hundred Dollars\n\n($500.00) for each day that the violation occurs.\n\nD. 1. The State Department of Health shall develop a\n\nclassification system of violations, taking into consideration the\n\nrecommendations of the Long-Term Care Facility Advisory Board\n\npursuant to Section 1-1923 of this title, which shall gauge the\n\nseverity of the violation and specify graduated penalties based on:\n\na. no actual harm with the potential for minimal harm,\n\nb. no actual harm with the potential for more than\n\nminimal harm,\n\nc. actual harm that is not immediate jeopardy, and\n\nd. immediate jeopardy to resident health and safety.\n\n2. Upon discovery of one or more violations, the Department\n\nshall provide a statement of deficiencies containing the violations.\n\nThe continuum of care facility or assisted living center shall be\n\nrequired to correct these violations and submit a plan of correction\n\nthat details how the facility or center will correct each violation,\n\nensure that the violation will not occur in the future and a period\n\nto correct each violation not to exceed sixty (60) days.\n\n3. No fine shall be assessed for any violation that is not\n\nclassified as actual harm or immediate jeopardy, unless the\n\ncontinuum of care facility or assisted living center fails to\n\ncorrect the violation within the period set forth in the accepted\n\nplan of correction. Fines may be assessed at any time for any\n\nviolations that are classified as actual harm or immediate jeopardy.\n\n4. Any new violation unrelated to the original violation and\n\nnot classified as actual harm or immediate jeopardy that is\n\ndiscovered upon a revisitation of a continuum of care facility or\n\nassisted living center shall constitute a new action and shall not\n\nbe included in the original citation or assessment of fines or\n\npenalties; provided, that a preexisting violation not corrected in\n\ncompliance with the approved plan of correction shall be considered\n\nstill in effect.\n\nE. If a continuum of care facility's failure to comply with the\n\nContinuum of Care and Assisted Living Act or rules involves nursing\n\ncare services, the Commissioner shall have authority to exercise\n\nadditional remedies provided under the Nursing Home Care Act. If a\n\ncontinuum of care facility's failure to comply with the Continuum of\n\nCare and Assisted Living Act or rules involves adult day care\nE. If a continuum of care facility's failure to comply with the\n\nContinuum of Care and Assisted Living Act or rules involves nursing\n\ncare services, the Commissioner shall have authority to exercise\n\nadditional remedies provided under the Nursing Home Care Act. If a\n\ncontinuum of care facility's failure to comply with the Continuum of\n\nCare and Assisted Living Act or rules involves adult day care\n\nservices, then the Commissioner shall have authority to exercise\n\nadditional remedies provided under the Adult Day Care Act.\n\nF. In taking any action to deny, suspend, deny renewal, or\n\nrevoke a license, or to impose an administrative fee, the\n\nCommissioner shall comply with requirements of the Administrative\n\nProcedures Act.","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":"cc32e16da18e517cec68f2a1fbcf9e25f37706b8e4651e5f68c99df3daa467fd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-890.5","next":"us-ok/okla.-stat.-tit.-63-63-1-890.8"},"notice":"GroundRules: Original legal text. Not legal advice."}