Oklahoma 2022 Regular Session

Oklahoma House Bill HB3867 Compare Versions

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	30	+	April 4, 2022
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3	34		BILL NO. 3867 By: Boatman of the House
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5	36		and
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7	38		Hall of the Senate
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14	43		An Act relating to psychiatric and chemical
15	44		dependency service; amending 63 O.S. 2021, Section 1-
16	45		880.6, which relates to psychiatric and chemical
17	46		dependency service requirements; creating exception;
18	47		and providing an effective da te.
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23		-	SUBJECT: Psychiatric and chemical dependency service
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25	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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27	52		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-880.6, is
28	53		amended to read as follows:
29		-
30	54		Section 1-880.6 A. Every entity desiring to establish a new
31	55		psychiatric or chemical dependency service or to acquire, lease or
32	56		expand an existing service whether through construction or
33	57		conversion of facili ties, shall make app lication to the State
34	58		Department of Health for a certificate of need in such form and
35	59		accompanied by such information, including a complete list of
36	60		stockholders, partners, and owners, and any other in formation, as
37	61		the Board shall prescr ibe.
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39	62		B. The provisions of the Psychiatric and Chemical Dependency
40	63		Facility Certificate of Need Act shall not apply to any hos pital as
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41	91		defined by Section 1 -710 of this title licensed by the State
42	92		Department of Health on or before December 31, 1990, which has:
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44	93		1. Construction cost overruns or capital expenditures for
45	94		completion of originally approved beds or completion of previou sly
46		-	constructed and shelled space arising out of and based only upon the ~~ENR. H. B. NO. 3867 Page 2~~
	95	+	constructed and shelled space arising out of and based only upon the
47	96		original certificate of need issued by the Commissioner for said
48	97		construction, when such construction costs or capital expe nditures
49	98		do not or will not increase the approved number of beds, allow
50	99		conversion of bed use shall not be deemed new construction or
51	100		increase pricing str ucture for treatment or services; o r
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53	101		2. Negotiated a contract with an agency of this state, the
54	102		federal government or a Native American nation duly recognized by
55	103		the federal government that specifies the number of beds and their
56	104		uses. A hospital provided for by paragraph 2 of this subsection
57	105		shall be exempt from the certificate of need required by the
58	106		Psychiatric and Chemical Dependency Facility Certificate of Ne ed Act
59	107		for the purposes specified in the contract. This exemption shall
60	108		not apply to Medicare or Medicaid contracts or contracts for
61	109		inpatient services for children or adolescents.
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63	110		C. The provisions of the Psychiatric and Chemical Dependency
64	111		Facility Certificate of Need Act shall not apply to a facility
65	112		constructed or operated by the Univers ity Hospitals Authority or
66	113		University Hospitals Trust, or by a nonprofit entity which has
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67	141		entered into a joint operating agreement with the University
68	142		Hospitals Trust or a subsidiary of such an entity.
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70	143		D. The Commissioner of Health is authorized to grant a
71	144		certificate of need if the entity applying for the certific ate has
72	145		filed a notice on a form prescribed by the State Department of
73	146		Health which shall include, but not be limited to:
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75	147		1. The name and location of the entity;
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77	148		2. The name and address of each pers on having an ownership
78	149		interest in the entity;
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80	150		3. The nature of the acquisition, expansion, additi on or
81	151		conversion, whether by sale, lease or o ther arrangement;
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83	152		4. The parties to the sale, lease or other arrangement;
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85	153		5. The size of the acquisition, expa nsion, addition or
86	154		conversion;
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88	155		6. The approximate cost of the acquisition, expansion, addition
89	156		or conversion; and
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91		-	7. The projected date of com pletion. ENR. H. B. NO. 3867 Page 3
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	157	+	7. The projected date of com pletion.
93	158		D. E. The Commissioner of Health shall be notified, on a form
94	159		prescribed by the State Department of He alth, of the following:
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96	160		1. Any decrease in the number o f beds of a hospital, facility
97	161		or hospital unit; and
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99	162		2. Any change in the designation for a continuum of care in
100	163		psychiatric or chemical dependency treatment.
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102	191		E. F. Psychiatric and chemical dependen cy service for which a
103	192		certificate of need is required s hall include:
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105	193		1. Any capital investment or lease of Five Hundred Thousand
106	194		Dollars ($500,000.00) or more, including predevelopment activities
107	195		such as arrangements and commitments for financing, archit ectural
108	196		designs, plans, working drawings, specifications and site
109	197		acquisition; provided, that this dollar limit shall not apply to a
110	198		change in bed capacity;
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112	199		2. Acquisition of a facility by purchase, lease, donation or
113	200		through transfer of stock or corporat e merger. If the Department
114	201		finds that a proposed acqui sition is consistent with the criteria
115	202		and standards for review of such projects, then the Dep artment shall
116	203		issue a certificate of need. If the Department finds that the
117	204		proposed acquisition is not c onsistent with the criteria, the
118	205		project will be referre d to the Commissioner of Health for final
119	206		determination. The Department 's determination to ap prove the
120	207		proposed acquisition or to refer it to the Commissioner shall be
121	208		made no later than fifteen (15) days following the day the
122	209		application is determined to be complete and review ready, or the
123	210		proposed acquisition shall be automatically approved. P roposed
124	211		acquisitions shall be reviewed against standards adopted by the
125	212		Department which relate only to th e acquirer's capability to operate
126	213		a facility; or
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128	241		3. Inpatient psychiatric and chemical dependency services for
129	242		persons under eighteen (18) years of age offered or provided by a
130	243		hospital or other health care facility, including but not limited to
131	244		any conversion of existing beds, any increase in bed capacity an d
132	245		any new beds for the purpose of offering or providing said services,
133	246		regardless of any capit al or other costs of the project.
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135	247		a. The State Board of Health shall provide by rule for
136		-	the temporary emergency use of beds ordinarily ~~u sed ENR. H. B. NO. 3867 Page 4~~
	248	+	the temporary emergency use of beds ordinarily used
137	249		for adult patients as psychiatric or chemical
138	250		dependency beds for children or adolescents.
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140	251		b. Any application to es tablish or operate inpatient
141	252		psychiatric or drug or alcohol treatment services for
142	253		persons under eighteen (18) years of age shall include
143	254		the establishment, opera tion and maintenance of a
144	255		community-based service program or a day treatment
145	256		program, as those terms are defined by Section 1101 of
146	257		Title 10 1-1-105 of Title 10A of the Oklahoma
147	258		Statutes, as an integr al part of the total project.
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149	259		F. G. Promptly upon receipt of any such application, the
150	260		Department shall examine and transmit the application to reviewers
151	261		it may select to determine whether the application is complete.
152	262		Once the Department has determined t hat the application is complete,
153	263		it shall notify affecte d parties and other reviewing bodies and
154	264		cause a thorough investigation to be made of the need for and
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155	292		appropriateness of such expanded psychiatric or chemical dependency
156	293		service. The investigation m ade pursuant to an application for a
157	294		certificate of need shall include the following:
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159	295		1. The adequacy of psychiatric and chemical dependency services
160	296		in relation to an optimal target ratio of psychiatric or chemical
161	297		dependency beds to the population;
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163	298		2. The availability of services which may serve as alternat ives
164	299		or substitutes;
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166	300		3. The adequacy of financia l resources for the new or expanded
167	301		services and for the continued operation thereof;
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169	302		4. The availability of sufficient manpower to properly staff
170	303		and operate the proposed new or expanded service; and
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172	304		5. Any other matter which the Department deems approp riate.
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174	305		G. H. Each application for a certificate of need applied for
175	306		pursuant to the provisions of this section except for those
176	307		applications filed by state agencies shall be accompanied by an
177	308		application fee in an amount established by the Department.
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179	309		SECTION 2. This act shall become effective November 1, 2022.
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181		-	ENR. H. B. NO. 3867 Page 5
182		-	Passed the House of Representatives the 15th day of March, 2022.
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187		-	Presiding Officer of the House
188		-	of Representatives
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191		-	Passed the Senate the 25th day of April, 2022.
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196		-	Presiding Officer of the Senate
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198		-
199		-	OFFICE OF THE GOVERNOR
200		-	Received by the Office of the Governor this ____________________
201		-	day of ___________________, 20_______, at _______ o'clock _______ M.
202		-	By: _________________________________
203		-	Approved by the Governor of the State of Oklahoma this _____ ____
204		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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206		-
207		-	_________________________________
208		-	Governor of the State of Okla homa
209		-
210		-	OFFICE OF THE SECRETARY OF STATE
211		-	Received by the Office of the Secretary of State this __________
212		-	day of ___________________, 20_______, at _______ o'clock _______ M.
213		-	By: _________________________________
214		-
	310	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	311	+	April 4, 2022 - DO PASS