Oklahoma 2025 Regular Session

Oklahoma House Bill HB1630 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 1630 Page 1 1
	3	+	HB1630 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1630 By: Sneed of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1630 By: Sneed of the House
30	38
31	39		and
32	40
33	41		Bullard of the Senate
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	47	+	COMMITTEE SUBSTITUTE
39	48
40	49		An Act relating to medical facilities; defining
41	50		terms; prohibiting operation of certain facility
42	51		without a license; providing certain interpretation;
43	52		requiring separate license for each location;
44	53		prohibiting transfer or assignment of certain
45	54		license; providing penalty for noncompliance;
46	55		requiring the establishment of certain
47	56		classification; providing certain exceptions; setting
48	57		requirements for certain application; requiring
49	58		licensing fee; requiring Oklahoma Commissioner of
50	59		Health to adopt certain rules and set certain fees;
51	60		authorizing facility inspections; requiring licensing
52	61		fees to be deposited in certain revolving fund;
53	62		requiring Oklahoma Commissioner of Health to adopt
54	63		certain rules; requiring consultation; requiring
55	64		facility to provide examination for determinatio n of
56	65		emergency medical condition; requiring facility to
57	66		meet certain standards; requiring agreement;
58	67		prohibiting certain reimbursement; authorizing
59	68		complaints against certain facilities to be filed
60	69		with the State Department of Health; authorizing
61	70		State Department of Health to take certain action for
62	71		certain violations; authorizing emergency order of
63	72		license suspension; providing procedure for hearing;
64	73		authorizing petition for temporary restraining order;
65	74		authorizing district courts to issue injunctions;
66	75		directing the Attorney General to file suit at
67		-	request of Department; establishing venue;
68		-	authorizing administrative penalties; limiting amount
69		-	of penalties; providing basis for calculating amount
70		-	of penalty; requiring certain written notice;
71		-	specifying information to be included in written
72		-	notice; providing for judicial review of certain
73		-	order; creating revolving fund; providing for
74		-	codification; and prov iding an effective date.
75	76
76		-	ENGR. H. B. NO. 1630 Page 2 1
	77	+	HB1630 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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	103	+	request of Department; establishing venue;
	104	+	authorizing administrative penalties; limiting amount
	105	+	of penalties; providing basis for calculating amount
	106	+	of penalty; requiring certain written notice;
	107	+	specifying information to be included in written
	108	+	notice; providing for judicial review of certain
	109	+	order; creating revolving fund; providing for
	110	+	codification; and providing an effective date.
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	112	+
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101	115		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102	116		SECTION 1. NEW LAW A new section of law to be codified
103	117		in the Oklahoma Statutes as Section 2667 of Title 63, unless there
104	118		is created a duplication in numbering, reads as follows:
105	119		As used in this act:
106	120		1. "Commissioner" means the Oklahoma Commission er of Health;
107	121		2. "Department" means the State Department of Health;
108	122		3. "Emergency care" means health care services provided to
109	123		achieve stabilization as needed for conditions that reasonably
110	124		appear to constitute a life - or limb-threatening emergency based on
111	125		the presenting symptoms of the patient;
112	126		4. "Facility" means a short -term emergency and nonemergency
113	127		hybrid medical facility;
114	128		5. "Maximum emergency stay period" means any patient who is
115	129		treated for an emergency situation and is prohibited from being
116	130		treated or held any longer than twenty -four (24) hours so long as
117	131		the necessary treatment required is deemed an emergency. Maximum
118	132		emergency stay period shall not apply to patients that are
119		-	stabilized and needing further treatment from being provided
120		-	nonemergency care;
121		-	6. "Nonemergency care" means all health care that is not for
122		-	life-threatening conditions or covered as emergency care under an
123		-	existing health care policy, including, but not limited to, the
124		-	following services:
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126		-	ENGR. H. B. NO. 1630 Page 3 1
	134	+	HB1630 HFLR Page 3
	135	+	BOLD FACE denotes Committee Amendments. 1
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	160	+	stabilized and needing further treatment from being provided
	161	+	nonemergency care;
	162	+	6. "Nonemergency care" means all health care that is not for
	163	+	life-threatening conditions or covered as emergency care under an
	164	+	existing health care policy, including, but not limited to, the
	165	+	following services:
151	166		a. diagnostic testing,
152	167		b. lab testing,
153	168		c. outpatient services,
154	169		d. primary care, and
155	170		e. X-rays, magnetic resonance imaging (MRI), and other
156	171		types of imaging; and
157	172		7. "Short-term emergency and nonemergency hybrid medical
158	173		facility" means a dual -sided facility, structurally separate and
159	174		distinct from a hospital that is open twenty -four (24) hours per day
160	175		and seven (7) days a week, with one side of the facility providing
161	176		emergency care and the other side of the facility providing
162	177		nonemergency care.
163	178		SECTION 2. NEW LAW A new section of law to be codified
164	179		in the Oklahoma Statutes as Section 2668 of Title 63, unless there
165	180		is created a duplication in numbering, reads as follows:
166	181		A. Except as provided by Section 3 of this act, a person shall
167	182		not establish or operate a short -term emergency and nonemergency
168		-	hybrid medical facility in this state without a license issued under
169		-	this act.
170		-	B. Except as provided by Section 3 of this act, a facility
171		-	shall not hold itself out to the public as a short -term emergency
172		-	and nonemergency hybrid medical facility or use any similar term, as
173		-	defined by State Department of Health rule, that would give the
174	183
175		-	ENGR. H. B. NO. 1630 Page 4 1
	184	+	HB1630 HFLR Page 4
	185	+	BOLD FACE denotes Committee Amendments. 1
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	210	+	hybrid medical facility in this state without a license issued under
	211	+	this act.
	212	+	B. Except as provided by Section 3 of this act, a facility
	213	+	shall not hold itself out to the public as a short -term emergency
	214	+	and nonemergency hybrid medical facility or use any similar term, as
	215	+	defined by State Department of Health rule, that would give the
200	216		impression that the facility or person is providing emergency care
201	217		unless the facility or person holds a license issued under this act.
202	218		C. Nothing in this act shall be interpreted to prohibit a
203	219		licensed short-term emergency and nonemergency hybrid medical
204	220		facility from providing other health care services including, but
205	221		not limited to, imaging, primary care, nonemergency care, and other
206	222		ancillary services.
207	223		D. Each separate facility location shall have a separate
208	224		license.
209	225		E. A license issued under this act is not transferable or
210	226		assignable.
211	227		F. Any person who is convicted of violating a provision of this
212	228		section shall be guilty of a misdemeano r. Each day of a continuing
213	229		violation constitutes a separate offense.
214	230		G. The Oklahoma Commissioner of Health by rule shall establish
215	231		a classification for a facility that is in continuous operation
216	232		twenty-four (24) hours per day and seven (7) days per wee k.
217		-	H. No license shall be issued to a facility located in a city
218		-	with an established hospital within twenty (20) miles or twenty (20)
219		-	minutes (whichever is grea ter) from a rural hospit al and a
220		-	population of less than thirty thousand (30,000) people unless
221		-	written permission is obtained from the hospital to operate a short -
222		-	term emergency and nonemergency hybrid medical facility.
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224		-	ENGR. H. B. NO. 1630 Page 5 1
	234	+	HB1630 HFLR Page 5
	235	+	BOLD FACE denotes Committee Amendments. 1
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	260	+	H. No license shall be issued to a facility located in a city
	261	+	with an established hospital within twenty (20) miles or twenty (20)
	262	+	minutes (whichever is greater) from a rural hospital and a
	263	+	population of less than thirty thousand (30,000) people unless
	264	+	written permission is obtained from the hospital to operate a short -
	265	+	term emergency and nonemergency hybrid medical facility.
249	266		SECTION 3. NEW LAW A new section of law to be codified
250	267		in the Oklahoma Statutes as Section 2669 of Title 6 3, unless there
251	268		is created a duplication in numbering, reads as follows:
252	269		The following facilities shall not be required to be licensed
253	270		under this act:
254	271		1. An office or clinic owned and operated by a manufacturing
255	272		facility solely for the purposes of treatin g its employees and
256	273		contractors;
257	274		2. Temporary emergency clinics in disaster areas;
258	275		3. An office or clinic of a licensed dentist, optometrist, or
259	276		podiatrist;
260	277		4. A licensed nursing home;
261	278		5. A licensed hospital;
262	279		6. A hospital that is owned and operated b y this state;
263	280		7. A facility located within or connected to a hospital
264	281		described by paragraph 5 or 6 of this section;
265	282		8. A facility that is owned or operated by a hospital described
266	283		by paragraph 5 or 6 of this section and is:
267		-	a. surveyed as a service of the hospital by an
268		-	organization that has been granted deeming authority
269		-	as a national accreditation program for hospitals by
270		-	the federal Centers for Medicare and Medicaid
271		-	Services, or
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273		-	ENGR. H. B. NO. 1630 Page 6 1
	285	+	HB1630 HFLR Page 6
	286	+	BOLD FACE denotes Committee Amendments. 1
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	311	+	a. surveyed as a service of t he hospital by an
	312	+	organization that has been granted deeming authority
	313	+	as a national accreditation program for hospitals by
	314	+	the federal Centers for Medicare and Medicaid
	315	+	Services, or
298	316		b. granted provider-based status by the Centers for
299	317		Medicare and Medicaid Services; or
300	318		9. A licensed ambulatory surgical center.
301	319		SECTION 4. NEW LAW A new section of law to be codified
302	320		in the Oklahoma Statutes as Section 2670 of Title 63, unless there
303	321		is created a duplication in numbering, reads as follo ws:
304	322		A. An applicant for a license under this act shall submit an
305	323		application to the State Department of Health on a form prescribed
306	324		by the Department.
307	325		B. Each application shall be accompanied by a nonrefundable
308	326		license fee in an amount set by the Oklahom a Commissioner of Health.
309	327		C. The application shall require that an emergency room is
310	328		staffed by board-certified emergency room physicians licensed by the
311	329		State Board of Medical Licensure and Supervision.
312	330		D. The application shall contain evidence that the facility
313	331		meets the minimum standards and requirements specified in Section 9
314	332		of this act.
315	333		E. The Department shall issue a license if, after inspection
316	334		and investigation, it finds that the applicant and the facility meet
317		-	the requirements of this act and the standards adopted under this
318		-	act.
319		-	F. The license fee shall be paid annually on renewal of the
320		-	license.
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322		-	ENGR. H. B. NO. 1630 Page 7 1
	336	+	HB1630 HFLR Page 7
	337	+	BOLD FACE denotes Committee Amendments. 1
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	362	+	the requirements of this act and t he standards adopted under this
	363	+	act.
	364	+	F. The license fee shall be paid annually on renewal of the
	365	+	license.
347	366		SECTION 5. NEW LAW A new section of law to be codified
348	367		in the Oklahoma Statutes as Section 2671 of Title 63, unless there
349	368		is created a duplication in numbering, reads as follows:
350	369		The Oklahoma Commissioner of Health shall adopt rules necessary
351	370		to implement this act, including requirements for the issuance,
352	371		renewal, denial, suspension, and revocation of a license to operate
353	372		a facility.
354	373		SECTION 6. NEW LAW A new section of law to be codified
355	374		in the Oklahoma Statutes as Section 2672 of Title 63, unless there
356	375		is created a duplication in numbering, reads as follows:
357	376		The Oklahoma Commissioner of Health shall set f ees imposed by
358	377		this act in amounts reasonable and necessary to defray the cost of
359	378		administering this act.
360	379		SECTION 7. NEW LAW A new section of law to be codified
361	380		in the Oklahoma Statutes as Section 2673 of Title 63, unless there
362	381		is created a duplication in numbering, reads as follows:
363	382		The State Department of Health may inspect a facility at
364	383		reasonable times as necessary to ensure compliance with this act.
365		-	SECTION 8. NEW LAW A new section of law to be codified
366		-	in the Oklahoma Statutes as Section 2674 of Title 63, unless there
367		-	is created a duplication in numbering, reads as follows:
368		-	All fees collected under this act shal l be deposited in the
369		-	State Treasury to the credit of the Short -term Emergency and
370		-	Nonemergency Hybrid Medical Facility Licensing Fund created by
371	384
372		-	ENGR. H. B. NO. 1630 Page 8 1
	385	+	HB1630 HFLR Page 8
	386	+	BOLD FACE denotes Committee Amendments. 1
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	411	+	SECTION 8. NEW LAW A new section of law to be codified
	412	+	in the Oklahoma Statutes as Section 2674 of Title 63, unless there
	413	+	is created a duplication in numbering, reads as follows:
	414	+	All fees collected under this act shall be deposited in the
	415	+	State Treasury to the credit of the Short -term Emergency and
	416	+	Nonemergency Hybrid Medical Facility Licensing Fund created by
397	417		Section 17 of this act for the administration and enforcement of
398	418		this act and for no other purposes.
399	419		SECTION 9. NEW LAW A new section of law to be codified
400	420		in the Oklahoma Statutes as Section 2675 of Title 63, unless there
401	421		is created a duplication in numbering, reads as follows:
402	422		A. The Oklahoma Commissioner of Health shall adopt rules
403	423		necessary to implement this act, including standards for:
404	424		1. The construction and design of the fa cility including
405	425		plumbing, heating, lighting, ventilation, proper air transportation
406	426		accommodations, and other design standards necessary to ensure the
407	427		health and safety of patients;
408	428		2. Any transportation accommodations which shall be required
409	429		unless a facility is located where air transportation is expressly
410	430		prohibited by Title 14 of the Code of Federal Regulations;
411	431		3. The number, qualifications, and organization of the
412	432		professional staff and other personnel, including the requirement
413	433		that each facility staff board-certified emergency room physicians
414	434		when providing emergency care;
415		-	4. The administration of the facility;
416		-	5. The equipment essential to the health and welfare of the
417		-	patients;
418		-	6. The sanitary and hygienic conditions within the facility and
419		-	its surroundings;
420	435
421		-	ENGR. H. B. NO. 1630 Page 9 1
	436	+	HB1630 HFLR Page 9
	437	+	BOLD FACE denotes Committee Amendments. 1
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	462	+	4. The administration of the facility;
	463	+	5. The equipment essential to the health and welfare of the
	464	+	patients;
	465	+	6. The sanitary and hygienic conditions within the facility and
	466	+	its surroundings;
446	467		7. The requirements for the contents, maintenance, and release
447	468		of medical records;
448	469		8. The minimal level of care and standards for denial of care;
449	470		9. The provision of laboratory and radiological services;
450	471		10. The distribution and admini stration of drugs and controlled
451	472		substances;
452	473		11. A quality assurance program for patient care;
453	474		12. Disclosure, if applicable, of the following:
454	475		a. the name and Social Security number of the sole
455	476		proprietor, if the facility is a sole proprietor,
456	477		b. the name and Social Security number of each general
457	478		partner who is an individual, if the facility is a
458	479		partnership,
459	480		c. the name and Social Security number of any individual
460	481		who has an ownership interest of more than twenty -five
461	482		percent (25%) in the corporation, if the facility is a
462	483		corporation, and
463	484		d. the names and license numbers of any physicians
464	485		licensed by the State Board of Medical Licensure and
465		-	Supervision or the State Board of Osteopath ic
466		-	Examiners who have a financial interest in the
467		-	facility or any entity which has an ownership interest
468		-	in the facility;
469	486
470		-	ENGR. H. B. NO. 1630 Page 10 1
	487	+	HB1630 HFLR Page 10
	488	+	BOLD FACE denotes Committee Amendments. 1
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	513	+	Supervision or the State Board of Osteopathic
	514	+	Examiners who have a financial interest in the
	515	+	facility or any entit y which has an ownership interest
	516	+	in the facility;
495	517		13. Transfer protocols for patients requiring advanced medical
496	518		care at a hospital and who require emergency medical treatment
497	519		extending past the twenty -four-hour maximum stay period;
498	520		14. Proper air trans portation accommodations; and
499	521		15. Any other aspect of the operation of a facility that the
500	522		Commissioner considers necessary to protect the facility's patients
501	523		and the public.
502	524		B. In adopting the rules required under subsection A of this
503	525		section concerning transfer protocols, the Commissioner shall
504	526		consult with physicians who provide emergency care and medical
505	527		consultant organizations.
506	528		SECTION 10. NEW LAW A new section of law to be codified
507	529		in the Oklahoma Statutes as Section 2676 of Title 63, unless there
508	530		is created a duplication in numbering, reads as follows:
509	531		A. A facility shall provide to each facility emergency patient,
510	532		without regard to the individual's ability to pay, an appropriate
511	533		medical screening, examination, and stabiliza tion within the
512	534		facility's capability, including ancillary services routinely
513	535		available to the facility, to determine whether an emergency medical
514		-	condition exists and to determine any necessary stabilizing
515		-	treatment.
516		-	B. Each facility shall meet those standards set forth by
517		-	Section 1395dd of 42 U.S.C. of the Emergency Medical Treatment and
518		-	Labor Act.
519	536
520		-	ENGR. H. B. NO. 1630 Page 11 1
	537	+	HB1630 HFLR Page 11
	538	+	BOLD FACE denotes Committee Amendments. 1
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	563	+	condition exists and to determine any necessary stabilizing
	564	+	treatment.
	565	+	B. Each facility shall meet those sta ndards set forth by
	566	+	Section 1395dd of 42 U.S.C. of the Emergency Medical Treatment and
	567	+	Labor Act.
545	568		C. Before a facility accepts any patient for treatment or
546	569		diagnosis, the facility shall enter into a referral, transmission,
547	570		or admission agreement with a ho spital licensed in this state.
548	571		D. An insurer or third -party administrator shall be prohibited
549	572		from reimbursing a facility licensed under this act on a discounted
550	573		fee basis for covered services that are provided to an insured
551	574		unless:
552	575		1. The insurer or thi rd-party administrator has contracted with
553	576		either:
554	577		a. the physician or other practitioner, institutional
555	578		provider, or organization of physicians and health
556	579		care providers, or
557	580		b. the health maintenance organization, exclusive
558	581		provider organization, or prefe rred provider
559	582		organization that has a network of preferred providers
560	583		and that has contracted with the physician or other
561	584		practitioner, institutional provider, or organization
562	585		of physicians and health care providers;
563		-	2. The physician or other practitioner, institutional provider,
564		-	or organization of physicians and health care providers has agreed
565		-	to the contract and to provide health care services under the terms
566		-	of the contract; and
567	586
568		-	ENGR. H. B. NO. 1630 Page 12 1
	587	+	HB1630 HFLR Page 12
	588	+	BOLD FACE denotes Committee Amendments. 1
569	589		2
570	590		3
571	591		4
572	592		5
573	593		6
574	594		7
575	595		8
576	596		9
577	597		10
578	598		11
579	599		12
580	600		13
581	601		14
582	602		15
583	603		16
584	604		17
585	605		18
586	606		19
587	607		20
588	608		21
589	609		22
590	610		23
591	611		24
592	612
	613	+	2. The physician or other practitioner, institutional provider,
	614	+	or organization of physicians and health care providers has agreed
	615	+	to the contract and to provide health care services under the terms
	616	+	of the contract; and
593	617		3. The insurer or third -party administrator has agreed to
594	618		provide coverage for those health care services under the health
595	619		insurance policy.
596	620		SECTION 11. NEW LAW A new section of law to be codified
597	621		in the Oklahoma Statutes as Section 2677 of Title 63, unless there
598	622		is created a duplication in numbering, read s as follows:
599	623		A person may file a complaint with the State Department of
600	624		Health against a facility licensed under this act.
601	625		SECTION 12. NEW LAW A new section of law to be codified
602	626		in the Oklahoma Statutes as Section 2678 of Title 63, unless there
603	627		is created a duplication in numbering, reads as follows:
604	628		A. The State Department of Health may deny, suspend, or revoke
605	629		a license for a violation of this act or a rule adopted under this
606	630		act.
607	631		B. If the Department finds that a facility is in repeated
608	632		noncompliance with this act or rules adopted under this act but the
609	633		noncompliance does not endanger public health and safety, the
610	634		Department may schedule the facility for probation rather than
611	635		suspending or revoking the facility's license. The D epartment shall
612	636		provide notice to the facility of the probation and of the items of
613		-	noncompliance not later than the tenth day before the date the
614		-	probation period begins. The Department shall designate a period of
615		-	not less than thirty (30) calendar days during which the facility
616		-	remains under probation. During the probation period, the facility
617	637
618		-	ENGR. H. B. NO. 1630 Page 13 1
	638	+	HB1630 HFLR Page 13
	639	+	BOLD FACE denotes Committee Amendments. 1
619	640		2
620	641		3
621	642		4
622	643		5
623	644		6
624	645		7
625	646		8
626	647		9
627	648		10
628	649		11
629	650		12
630	651		13
631	652		14
632	653		15
633	654		16
634	655		17
635	656		18
636	657		19
637	658		20
638	659		21
639	660		22
640	661		23
641	662		24
642	663
	664	+	noncompliance not later than the tenth day before the date the
	665	+	probation period begins. The Department shall designate a period of
	666	+	not less than thirty (30) calendar days during which the facility
	667	+	remains under probation. During the probation period, the facility
643	668		must correct the items that were in noncompliance and report the
644	669		corrections to the Department for approval.
645	670		C. The Department may suspend or revoke the license of a
646	671		facility that does not correct items that were in noncompliance or
647	672		that does not comply with this act or the rules adopted under this
648	673		act within the applicable probation period.
649	674		SECTION 13. NEW LAW A new section of law to be cod ified
650	675		in the Oklahoma Statutes as Section 2679 of Title 63, unless there
651	676		is created a duplication in numbering, reads as follows:
652	677		A. The State Department of Health may issue an emergency order
653	678		to suspend a license issued under this act if the Department h as
654	679		reasonable cause to believe that the conduct of a license holder
655	680		creates an immediate danger to the public health or safety.
656	681		B. An emergency suspension under this section is effective
657	682		immediately without a hearing or notice to the license holder.
658	683		C. On written request of the license holder, the Department
659	684		shall conduct a hearing not earlier than the tenth day or later than
660	685		the thirtieth day after the date the hearing request is received to
661	686		determine if the emergency suspension is to be continued, modif ied,
662	687		or rescinded.
663		-	D. A hearing and any appeal under this section are governed by
664		-	the Department's rules.
665	688
666		-	ENGR. H. B. NO. 1630 Page 14 1
	689	+	HB1630 HFLR Page 14
	690	+	BOLD FACE denotes Committee Amendments. 1
667	691		2
668	692		3
669	693		4
670	694		5
671	695		6
672	696		7
673	697		8
674	698		9
675	699		10
676	700		11
677	701		12
678	702		13
679	703		14
680	704		15
681	705		16
682	706		17
683	707		18
684	708		19
685	709		20
686	710		21
687	711		22
688	712		23
689	713		24
690	714
	715	+	D. A hearing and any appeal under this section are governed by
	716	+	the Department's rules.
691	717		SECTION 14. NEW LAW A new section of law to be codified
692	718		in the Oklahoma Statutes as Section 2680 of Title 63, unless there
693	719		is created a duplication in numbering, reads as follows:
694	720		A. The State Department of Health may petition a district court
695	721		for a temporary restraining order to restrain a continuing violation
696	722		of the standards or licensing requirements provided under this act
697	723		if the Department finds that the violation creates an immediate
698	724		threat to the health or safety of the patients of a facility.
699	725		B. A district court, on petition of the Department and on a
700	726		finding by the court that a person is violating the standards or
701	727		licensing requirements provided under this act, may by injunction:
702	728		1. Prohibit a person from continuing a violation of the
703	729		standards or licensing requirements provided under this act;
704	730		2. Restrain or prevent the establishment or operation of a
705	731		facility without a license issued under this act; or
706	732		3. Grant any other injunctive relief warranted by the facts.
707	733		C. The Attorney General shall institute and conduct a suit
708	734		authorized by this section at the request of the Department.
709	735		D. Venue for a suit brought under t his section is in the county
710	736		in which the facility is located or in Oklahoma County.
711		-	SECTION 15. NEW LAW A new section of law to be codifi ed
712		-	in the Oklahoma Statu tes as Section 2681 of Title 63, unless there
713		-	is created a duplication in numbering, reads as follows:
714	737
715		-	ENGR. H. B. NO. 1630 Page 15 1
	738	+	HB1630 HFLR Page 15
	739	+	BOLD FACE denotes Committee Amendments. 1
716	740		2
717	741		3
718	742		4
719	743		5
720	744		6
721	745		7
722	746		8
723	747		9
724	748		10
725	749		11
726	750		12
727	751		13
728	752		14
729	753		15
730	754		16
731	755		17
732	756		18
733	757		19
734	758		20
735	759		21
736	760		22
737	761		23
738	762		24
739	763
	764	+	SECTION 15. NEW LAW A new section of law to be codified
	765	+	in the Oklahoma Statutes as Section 2681 of Title 63, unless there
	766	+	is created a duplication in numbering, reads as follows:
740	767		A. The State Department of Health may impose an administrative
741	768		penalty on a person licensed under this act who violates this act or
742	769		a rule or order adopted under this act. A penalty collected under
743	770		this section or Section 16 of this act shall be deposited in the
744	771		State Treasury in the General Revenue Fund.
745	772		B. A proceeding to impose the penalty is considered to be a
746	773		contested case.
747	774		C. The amount of the penalty may not exceed One Thousand
748	775		Dollars ($1,000.00) for each violati on, and each day a violation
749	776		continues or occurs is a separate violation for purposes of imposing
750	777		a penalty. The total amount of the penalty assessed for a violation
751	778		continuing or occurring on separate days under this subsection may
752	779		not exceed Five Thousa nd Dollars ($5,000.00).
753	780		D. The amount shall be based on:
754	781		1. The seriousness of the violation, including the nature,
755	782		circumstances, extent, and gravity of the violation;
756	783		2. The threat to health or safety caused by the violation;
757	784		3. The history of previo us violations;
758	785		4. The amount necessary to deter a future violation;
759		-	5. Whether the violator demonstrated good faith, including when
760		-	applicable whether the viol ator made good-faith efforts to correct
761		-	the violation; and
762		-	6. Any other matter that the Department may require.
763	786
764		-	ENGR. H. B. NO. 1630 Page 16 1
	787	+	HB1630 HFLR Page 16
	788	+	BOLD FACE denotes Committee Amendments. 1
765	789		2
766	790		3
767	791		4
768	792		5
769	793		6
770	794		7
771	795		8
772	796		9
773	797		10
774	798		11
775	799		12
776	800		13
777	801		14
778	802		15
779	803		16
780	804		17
781	805		18
782	806		19
783	807		20
784	808		21
785	809		22
786	810		23
787	811		24
788	812
	813	+	5. Whether the violator demonstrated good faith, including when
	814	+	applicable whether the violator made good -faith efforts to correct
	815	+	the violation; and
	816	+	6. Any other matter that the Depart ment may require.
789	817		E. If the Department initially determines that a violation
790	818		occurred, the Department shall give written notice of the report by
791	819		certified mail to the person.
792	820		F. The notice under subsection E of this section shall:
793	821		1. Include a brief sum mary of the alleged violation;
794	822		2. State the amount of the recommended penalty; and
795	823		3. Inform the person of the person's right to a hearing on the
796	824		occurrence of the violation, the amount of the penalty, or both.
797	825		G. Within twenty (20) calendar days after the date the person
798	826		receives the notice under subsection E of this section, the person
799	827		in writing may:
800	828		1. Accept the determination and recommended penalty of the
801	829		Department; or
802	830		2. Make a request for a hearing on the occurrence of the
803	831		violation, the amoun t of the penalty, or both.
804	832		H. If the person accepts the determination and recommended
805	833		penalty or if the person fails to respond to the notice, the
806	834		Oklahoma Commissioner of Health by order shall approve the
807	835		determination and impose the recommended penalty.
808		-	I. The notice of the order shall include a statement of the
809		-	right of the person to a judicial review of the order.
810		-	SECTION 16. NEW LAW A new section of law to b e codified
811		-	in the Oklahoma Statutes as Section 2682 of Title 63, unless there
812		-	is created a duplication in numbering, reads as follows:
813	836
814		-	ENGR. H. B. NO. 1630 Page 17 1
	837	+	HB1630 HFLR Page 17
	838	+	BOLD FACE denotes Committee Amendments. 1
815	839		2
816	840		3
817	841		4
818	842		5
819	843		6
820	844		7
821	845		8
822	846		9
823	847		10
824	848		11
825	849		12
826	850		13
827	851		14
828	852		15
829	853		16
830	854		17
831	855		18
832	856		19
833	857		20
834	858		21
835	859		22
836	860		23
837	861		24
838	862
	863	+	I. The notice of the order shall include a statement of the
	864	+	right of the person to a judicial review of the order.
	865	+	SECTION 16. NEW LAW A new section of law to be codified
	866	+	in the Oklahoma Statutes as Section 2682 of Title 63, unless there
	867	+	is created a duplication in numbering, reads as follows:
839	868		A. Within thirty (30) calendar days after the date an order of
840	869		the Oklahoma Commissioner of Health that imposes an administrative
841	870		penalty becomes final, the person shall:
842	871		1. Pay the penalty; or
843	872		2. File a petition for judicial review of the Commissioner's
844	873		order contesting the occurrence of the violation, the amount of the
845	874		penalty, or both.
846	875		B. Within the thirty -day period prescribed by subsection A of
847	876		this section, a person who files a petiti on for judicial review may:
848	877		1. Stay enforcement of the penalty by:
849	878		a. paying the penalty to the court for placement in an
850	879		escrow account, or
851	880		b. giving the court a supersedeas bond approved by the
852	881		court that:
853	882		(1) is for the amount of the penalty, and
854	883		(2) is effective until all judicial review of the
855	884		Commissioner's order is final;
856	885		2. Request the court to stay enforcement of the penalty by
857	886		filing with the court a sworn affidavit of the person stating that
858		-	the person is financially unable to pay the penalty and is
859		-	financially unable to give the supersedeas bond and by sending a
860		-	copy of the affidavit to the Commissioner by certified mail.
861		-	C. If the Commissioner recei ves a copy of an affidavit under
862		-	subsection B of this section, the Commissioner may file with the
863	887
864		-	ENGR. H. B. NO. 1630 Page 18 1
	888	+	HB1630 HFLR Page 18
	889	+	BOLD FACE denotes Committee Amendments. 1
865	890		2
866	891		3
867	892		4
868	893		5
869	894		6
870	895		7
871	896		8
872	897		9
873	898		10
874	899		11
875	900		12
876	901		13
877	902		14
878	903		15
879	904		16
880	905		17
881	906		18
882	907		19
883	908		20
884	909		21
885	910		22
886	911		23
887	912		24
888	913
	914	+	the person is financially unable to pay the penalty a nd is
	915	+	financially unable to give the supersedeas bond and by sending a
	916	+	copy of the affidavit to the Commissioner by certified mail.
	917	+	C. If the Commissioner receives a copy of an affidavit under
	918	+	subsection B of this section, the Commissioner may file with t he
889	919		court, within five (5) calendar days after the date the copy is
890	920		received, a contest to the affidavit. The court shall hold a
891	921		hearing on the facts alleged in the affidavit as soon as practicable
892	922		and shall stay the enforcement of the penalty on finding t hat the
893	923		alleged facts are true. The person who files an affidavit has the
894	924		burden of proving that the person is financially unable to pay the
895	925		penalty or to give a supersedeas bond.
896	926		D. If the person does not pay the penalty and the enforcement
897	927		of the penalty is not stayed, the penalty may be collected. The
898	928		Attorney General may sue to collect the penalty.
899	929		E. If the court sustains the finding that a violation occurred,
900	930		the court may uphold or reduce the amount of the penalty and order
901	931		the person to pay the full or reduced amount of the penalty.
902	932		F. If the court does not sustain the finding that a violation
903	933		occurred, the court shall order that a penalty is not owed.
904	934		G. If the person paid the penalty and if the amount of the
905	935		penalty is reduced or the penalty is not upheld by the court, the
906	936		court shall order, when the court's judgment becomes final, that the
907	937		appropriate amount plus accrued interest be remitted to the person
908		-	within thirty (30) calendar days after the date that the judgment of
909		-	the court becomes final. The interest accrues at the rate charged
910		-	on loans to depository institutions by the Federal Reserve Bank of
911		-	New York. The interest shall be paid for the period beginning on
912	938
913		-	ENGR. H. B. NO. 1630 Page 19 1
	939	+	HB1630 HFLR Page 19
	940	+	BOLD FACE denotes Committee Amendments. 1
914	941		2
915	942		3
916	943		4
917	944		5
918	945		6
919	946		7
920	947		8
921	948		9
922	949		10
923	950		11
924	951		12
925	952		13
926	953		14
927	954		15
928	955		16
929	956		17
930	957		18
931	958		19
932	959		20
933	960		21
934	961		22
935	962		23
936	963		24
937	964
	965	+	within thirty (30) calendar days after the date that the judgment of
	966	+	the court becomes final. The interest accrues at the rate charged
	967	+	on loans to depository institutions by the Federal Reserve Bank of
	968	+	New York. The interest shall be paid for the period beginning on
938	969		the date the penalty is paid and ending on the date the penalty is
939	970		remitted.
940	971		H. If the person gave a supersedeas bond and the penalty is not
941	972		upheld by the court, the court shall order, when the court's
942	973		judgment becomes final, the release of the bond. If the person gave
943	974		a supersedeas bond and the amount of the penalty is reduced , the
944	975		court shall order the release of the bond after the person pays the
945	976		reduced amount.
946	977		SECTION 17. NEW LAW A new section of law to be codified
947	978		in the Oklahoma Statutes as Section 2683 of Title 63, unless there
948	979		is created a duplica tion in numbering, reads as follows:
949	980		There is hereby created in the State Treasury a revolving fund
950	981		for the State Department of Health to be designated the "Short -term
951	982		Emergency and Nonemergency Hybrid Medical Facility Licensing Fund".
952	983		The fund shall be a continuing fund, not subject to fiscal year
953	984		limitations, and shall consist of all monies received by the State
954	985		Department of Health from short -term emergency and nonemergency
955	986		hybrid medical facilities. All monies accruing to the credit of the
956	987		fund are hereby appropriated and may be budgeted and expended by the
957	988		State Department of Health for the purpose of administering and
958		-	enforcing licensing provisions for shor t-term emergency and
959		-	nonemergency hybrid medical facilities. Expenditures from the fund
960		-	shall be made upon warrants issued by the State Treasurer against
961	989
962		-	ENGR. H. B. NO. 1630 Page 20 1
	990	+	HB1630 HFLR Page 20
	991	+	BOLD FACE denotes Committee Amendments. 1
963	992		2
964	993		3
965	994		4
966	995		5
967	996		6
968	997		7
969	998		8
970	999		9
971	1000		10
972	1001		11
973	1002		12
974	1003		13
975	1004		14
976	1005		15
977	1006		16
978	1007		17
979	1008		18
980	1009		19
981	1010		20
982	1011		21
983	1012		22
984	1013		23
985	1014		24
986	1015
	1016	+	enforcing licensing provisions for short -term emergency and
	1017	+	nonemergency hybrid medical facilities. Expenditures from the fund
	1018	+	shall be made upon warrants issued by the State Treasurer against
987	1019		claims filed as prescribed by law with the Director of the Office of
988	1020		Management and Enterprise Services for approval and payment.
989	1021		SECTION 18. This act shall become effective Novemb er 1, 2025.
990		-	Passed the House of Representatives the 25th day of March, 2025.
	1022	+
	1023	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	1024	+	OVERSIGHT, dated 03/06/2025 - DO PASS, As Amended.
991	1025
992	1026
993		-
994		-
995		-	Presiding Officer of the House
996		-	of Representatives
997		-
998		-
999		-	Passed the Senate the ___ day of __________, 2025.
1000		-
1001		-
1002		-
1003		-
1004		-	Presiding Officer of the Senate