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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 243 By: Daniels
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-851.1, which relates to definitions
used in the Long-term Care Certificate of Need Act;
providing exception; repealing 63 O.S. 2021, Sections
1-880.1, 1-880.2, 1-880.3, 1-880.4, 1-880.5, 1-880.6,
as amended by Section 1, Chapter 98, O.S.L. 2022 (63
O.S. Supp. 2022, Section 1-880.6), 1-880.7, 1-880.8,
1-880.9, 1-880.10, and 1-880.11, which relate to
certificate of need for psychiatric or chemical
dependency facility; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-851.1, is
amended to read as follows:
Section 1-851.1. For purposes of the Long -term Care Certificate
of Need Act:
1. “Board” means the State Board o f Health;
2. “Commissioner” means the State Commissioner of Health;
3. “Department” means the State Department of Health;
4. “Long-term care facility” means:
a. a nursing facility or a specialized facil ity, as such
terms are defined by Section 1 -1902 of this title,
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except that a specialized faci lity shall not include
an intermediate care facility for individuals with
intellectual disabilities,
b. skilled nursing care provided in a distinct part of a
hospital as such term is defined by Section 1 -701 of
this title,
c. the nursing care component of a continuum of care
facility, as such term is defined under the Continuum
of Care and Assisted Li ving Act, or
d. the nursing care component of a life care communi ty as
such term is defined by the Long-term Long-Term Care
Insurance Act;
5. “Disclosure statement” means a written statement by the
applicant which contains:
a. the full name, business address , and Social Security
number of the applicant, and all persons with
controlling interest as defined by the Long -term Care
Certificate of Need Act,
b. the full name and address of any legal entity in which
the applicant holds a debt or equity interest of at
least five percent (5%), or which is a parent company
or subsidiary of the applicant,
c. a description of the experience a nd credentials of the
applicant, including any past or present permits,
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licenses, certifications, or operational
authorizations relating to long-term care facility
regulation,
d. a listing and explanation of any administrative, civil
or criminal legal acti ons against the applicant or any
person with a controlling interest which resulted in a
final agency order or final judgment by a court of
record including, but not limited to, final orders or
judgments on appeal related to long -term care in the
five (5) years immediately preceding the fi ling of the
application. Such actions shall incl ude, without
limitation, any permit denial or any sanction imposed
by a state regulatory authority or the Centers for
Medicare and Medicaid Services, and
e. a listing of any federal long-term care agency and any
state long-term care agency outside this sta te that
has or has had regulatory responsibility over the
applicant;
6. “History of noncompliance ” means three standard or complaint
surveys found to be at the substandard q uality of care level when
the facility does not achieve compliance by date certain in a
nursing facility or specialized facility for persons with
Alzheimer’s disease or related disorders. Additionally, “history of
noncompliance” for an intermediate care o r specialized facility for
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persons with intellectual disabilities means three cons ecutive
routine or complaint surveys that resulted in dete rminations that
the facility was out of compliance with two or mo re Conditions of
Participation in the Medicaid prog ram within the preceding thirty -
six (36) months when the facility does not achieve compliance within
sixty (60) days;
7. “Person” means any individual, corporation, industry, firm,
partnership, associatio n, venture, trust, institution, federal,
state or local governmental instrumentality , agency or body or any
other legal entity howeve r organized; and
8. “Person with a controlling interest ” means a person who
meets any one or more of the following require ments:
a. controls fifty percent (50%) or more of t he common
stock of the corporate entity involved or controls
fifty percent (50%) o r more of the interest in the
partnership involved,
b. controls a percentage of stock greater than any other
stockholder or equal to the other single largest
stockholder or controls a percentage of partnersh ip
interest greater than any other partner or equ al to
the other single largest partnership interest, or
c. a managing member of a Limited Liability Company
(LLC).
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SECTION 2. REPEALER 63 O.S. 2021, Sections 1-880.1, 1-
880.2, 1-880.3, 1-880.4, 1-880.5, 1-880.6, as amended by Sectio n 1,
Chapter 98, O.S.L. 202 2 (63 O.S. Supp. 2022, Section 1-880.6), 1-
880.7, 1-880.8, 1-880.9, 1-880.10, and 1-880.11, are hereby
repealed.
SECTION 3. This act shall become effective Novembe r 1, 2023.
59-1-233 DC 1/10/2023 10:18:46 AM