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Long Term Care Certificate of Need

Nursing facilities, specialized facilities for developmentally disabled clients, and hospital-based skilled nursing units must be approved or exempted under Oklahoma’s Certificate of Need laws before:

Establishing a new facility;
Increasing the number of beds at an existing facility;
Acquiring ownership or operation of a facility; or
Spending $1,000,000 or more on any project.

House Bill 2723 Amends Oklahoma Certificate of Need and Nursing Home Laws

Enrolled House Bill 2723 by Rep. Wayne Pettigrew and Sen. Glenn Coffee amends numerous sections of the Long Term Care Certificate of Need Act and the Nursing Home Care Act. Governor Brad Henry signed Enrolled House Bill 2723 on June 4, 2004. The bill has an emergency clause and takes effect immediately.

A copy of Enrolled House Bill 2723 is available by clicking here (3M .pdf, may take several minutes to download.)

The bill is also available from these sources:

Oklahoma Secretary of State, Executive Legislative Division

Oklahoma Legislature Web Site

Bill Distribution, Room 310, 2300 N. Lincoln Blvd., State Capitol Building, Oklahoma City, OK 73105 (405-521-5514)

 Sections 1 through 9 of the bill amend the Long Term Care Certificate of Need Act. Certificate of Need changes include: new and revised definitions; deletion of the requirement for the Health Department to collect monthly occupancy data (instead, occupancy data collected by the Oklahoma Health Care Authority will be used for project reviews);modification of the types of projects that are subject to Certificate of Need review or exempt from review;amendments to fees for certificate of need applications and exemption requests;changes in the findings and standards for approval or denial of certificate of need applications;extensions of the time allowed for completion of construction projects; and increases in penalties for violation of the Certificate of Need law.

 Sections 10 and 11 modify the Nursing Home Care Act. Nursing facility licensure changes include:amended definitions; and establishment of fees for construction plan reviews on construction or modification projects that increase beds.

 Section 12 changes the section of law dealing with criminal history background checks for nurse aides and other facility staff persons. Definitions are amended to include an assisted living center or continuum of care facility as a type of employer that is subject to requirements for criminal background checks.

Section 13 amends the law that sets certain limits on the training and employment of nurse aides and medication aides. The changes include: a provision that until October 31, 2005 the Health Department shall not assess monetary penalties against a facility that has applied for a temporary emergency waiver;a requirement for the Board of Health by September 30, 2004 to promulgate rules for temporary emergency waivers of restrictions on using nurse aides who are not certified; and clarification of requirements relating to certified medication aides and authorization for Board of Health rules on safety of medication administration by CMAs.

 Section 14 repeals an outdated provision from the Long Term Care Certificate of Need Act that provided for collection of nursing facility occupancy data by the Department of Human Services.

As changes to forms, rules and reports are available to implement Enrolled House Bill 2723, they will be posted to this page. Please check back in the future for updates.

Laws, Rules, Forms and Reports.

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