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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2042 By: Stanley
AS INTRODUCED
An Act relating to nursing facilities; amending 63
O.S. 2021, Section 1-1912, which relates to
violations, hearings, and emergency orders; imposing
certain duty on personnel of the State Department of
Health; updating statutory reference; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1912, is
amended to read as follows:
Section 1-1912. A. The State Department of Health shall
promptly serve a notice of violation upon a licensee whenever, upon
inspection or investigation, the Department determines that:
1. The facility is in violation of the Nursing Home Care Act,
any rule promulgated thereunder, or applicable federal certification
criteria; or
2. The financial condition of the facility poses an immediate
risk to the proper operation of the facility or to the health,
safety or welfare of the residents of the facility.
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B. Each notice of violation shall be prepared in writing and
shall specify the nature of the violation, and the statutory
provision, rule or standard alleged to have been violated. The
notice of violation shall inform the licensee of its obligation to
file a plan of correction within ten (10) working days of receipt of
the notice of violation. In the case of a specialized facility for
individuals with intellectual disabilities, the Department shall
offer the licensee an informal opportunity comparable to the process
offered to Medicaid-certified nursing facilities pursuant to 42 CFR
C.F.R., Section 488.331, in order to dispute the alleged violations.
C. The Department shall notify the licensee of its intent to
take any remedial action, impose administrative penalties, place a
monitor or temporary manager in the facility, issue a conditional
license, or suspend or revoke a license. The Department shall also
inform the licensee of the right to an informal dispute resolution,
hearing, or both.
D. Whenever the Department finds that an emergency exists
requiring immediate action to protect the health, safety or welfare
of any resident of a facility licensed pursuant to the provisions of
the Nursing Home Care Act, the Department may, without notice of
hearing, issue an order stating the existence of such an emergency
and requiring that action be taken as deemed necessary by the
Department to meet the emergency. The order shall be effective
immediately. However, in the event an immediate jeopardy is
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determined to exist with respect to a facility, Department personnel
shall remain on-site until the facility’s plan of removal has been
accepted by the Department. Any person to whom such an order is
directed shall comply with such order immediately but, upon
application to the Department, shall be afforded a hearing within
ten (10) business days of receipt of the application. On the basis
of such hearing, the Department may continue the order in effect,
revoke it, or modify it. Any person aggrieved by such order
continued after the hearing provided in this subsection may appeal
to the district court in Oklahoma County within thirty (30) days.
Such appeal when docketed shall have priority over all cases pending
on the docket, except criminal cases. For purposes of this
subsection, the State Board of Health shall define by rule the term
“emergency” to include, but not be limited to, a life-endangering
situation.
E. Within thirty (30) days of receipt of a plan of correction
by the State Department of Health from any facility operated by the
Oklahoma Department of Veterans Affairs, the State Department of
Health shall submit the results of the inspection, including a list
of deficiencies in the condition or operation of the facility and
recommendations for corrective measures in the form of a written
report to the person immediately responsible for the administration
of the facility inspected, to the Oklahoma Department of Veterans
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Affairs, to the Governor, to the Speaker of the House of
Representatives, and to the President Pro Tempore of the Senate.
F. At the conclusion of an inspection, survey, or
investigation, the survey team’s observations and preliminary
findings shall be discussed in an exit conference with the facility
personnel. During the exit conference, the facility shall be
provided with the opportunity to discuss and supply additional
information that they believe is pertinent to the preliminary
findings. The following shall be provided to the facility:
1. A written list containing preliminary areas of potential
noncompliance with state requirements based on findings during the
survey, inspection or investigation. The information provided
should be adequate to notify staff of surveyor concerns regarding
preliminary findings that indicate actual harm or substandard
quality of care; and
2. Any additional noncompliance with state requirements
determined during the review of field notes or in preparation of the
final survey report will be communicated to the facility personnel
by email electronic mail or phone before issuing the final survey
report.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2698 DC 1/15/2026 11:04:08 AM