1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 243 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to long-term care; amending 63 O.S.
7 2021, Section 1-851.1, which relates to definitions
8 used in the Long-term Care Certificate of Need Act;
8 providing exception; repealing 63 O.S. 2021, Sections
9 1-880.1, 1-880.2, 1-880.3, 1-880.4, 1-880.5, 1-880.6,
9 as amended by Section 1, Chapter 98, O.S.L. 2022 (63
10 O.S. Supp. 2022, Section 1-880.6), 1-880.7, 1-880.8,
10 1-880.9, 1-880.10, and 1-880.11, which relate to
11 certificate of need for psychiatric or chemical
11 dependency facility; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-851.1, is
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16 amended to read as follows:
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17 Section 1-851.1. For purposes of the Long-term Care Certificate
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18 of Need Act:
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19 1. “Board” means the State Board of Health;
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20 2. “Commissioner” means the State Commissioner of Health;
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21 3. “Department” means the State Department of Health;
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22 4. “Long-term care facility” means:
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23 a. a nursing facility or a specialized facility, as such
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24 terms are defined by Section 1-1902 of this title,
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 1 except that a specialized facility shall not include
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2 an intermediate care facility for individuals with
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3 intellectual disabilities,
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4 b. skilled nursing care provided in a distinct part of a
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5 hospital as such term is defined by Section 1-701 of
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6 this title,
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7 c. the nursing care component of a continuum of care
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8 facility, as such term is defined under the Continuum
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9 of Care and Assisted Living Act, or
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10 d. the nursing care component of a life care community as
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11 such term is defined by the Long-term Long-Term Care
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12 Insurance Act;
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13 5. “Disclosure statement” means a written statement by the
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14 applicant which contains:
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15 a. the full name, business address, and Social Security
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16 number of the applicant, and all persons with
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17 controlling interest as defined by the Long-term Care
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18 Certificate of Need Act,
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19 b. the full name and address of any legal entity in which
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20 the applicant holds a debt or equity interest of at
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21 least five percent (5%), or which is a parent company
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22 or subsidiary of the applicant,
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23 c. a description of the experience and credentials of the
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24 applicant, including any past or present permits,
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 1 licenses, certifications, or operational
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2 authorizations relating to long-term care facility
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3 regulation,
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4 d. a listing and explanation of any administrative, civil
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5 or criminal legal actions against the applicant or any
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6 person with a controlling interest which resulted in a
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7 final agency order or final judgment by a court of
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8 record including, but not limited to, final orders or
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9 judgments on appeal related to long-term care in the
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10 five (5) years immediately preceding the filing of the
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11 application. Such actions shall include, without
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12 limitation, any permit denial or any sanction imposed
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13 by a state regulatory authority or the Centers for
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14 Medicare and Medicaid Services, and
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15 e. a listing of any federal long-term care agency and any
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16 state long-term care agency outside this state that
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17 has or has had regulatory responsibility over the
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18 applicant;
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19 6. “History of noncompliance” means three standard or complaint
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20 surveys found to be at the substandard quality of care level when
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21 the facility does not achieve compliance by date certain in a
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22 nursing facility or specialized facility for persons with
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23 Alzheimer’s disease or related disorders. Additionally, “history of
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24 noncompliance” for an intermediate care or specialized facility for
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 1 persons with intellectual disabilities means three consecutive
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2 routine or complaint surveys that resulted in determinations that
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3 the facility was out of compliance with two or more Conditions of
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4 Participation in the Medicaid program within the preceding thirty-
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5 six (36) months when the facility does not achieve compliance within
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6 sixty (60) days;
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7 7. “Person” means any individual, corporation, industry, firm,
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8 partnership, association, venture, trust, institution, federal,
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9 state or local governmental instrumentality, agency or body or any
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10 other legal entity however organized; and
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11 8. “Person with a controlling interest” means a person who
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12 meets any one or more of the following requirements:
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13 a. controls fifty percent (50%) or more of the common
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14 stock of the corporate entity involved or controls
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15 fifty percent (50%) or more of the interest in the
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16 partnership involved,
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17 b. controls a percentage of stock greater than any other
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18 stockholder or equal to the other single largest
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19 stockholder or controls a percentage of partnership
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20 interest greater than any other partner or equal to
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21 the other single largest partnership interest, or
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22 c. a managing member of a Limited Liability Company
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23 (LLC).
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 1 SECTION 2. REPEALER 63 O.S. 2021, Sections 1-880.1, 1-
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2 880.2, 1-880.3, 1-880.4, 1-880.5, 1-880.6, as amended by Section 1,
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3 Chapter 98, O.S.L. 2022 (63 O.S. Supp. 2022, Section 1-880.6), 1-
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4 880.7, 1-880.8, 1-880.9, 1-880.10, and 1-880.11, are hereby
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5 repealed.
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6 SECTION 3. This act shall become effective November 1, 2023.
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8 59-1-233 DC 1/10/2023 10:18:46 AM
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