Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2042 By: Stanley
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6 AS INTRODUCED
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7 An Act relating to nursing facilities; amending 63
7 O.S. 2021, Section 1-1912, which relates to
8 violations, hearings, and emergency orders; imposing
8 certain duty on personnel of the State Department of
9 Health; updating statutory reference; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1912, is
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14 amended to read as follows:
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15 Section 1-1912. A. The State Department of Health shall
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16 promptly serve a notice of violation upon a licensee whenever, upon
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17 inspection or investigation, the Department determines that:
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18 1. The facility is in violation of the Nursing Home Care Act,
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19 any rule promulgated thereunder, or applicable federal certification
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20 criteria; or
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21 2. The financial condition of the facility poses an immediate
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22 risk to the proper operation of the facility or to the health,
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23 safety or welfare of the residents of the facility.
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Req. No. 2698 Page 1
1 B. Each notice of violation shall be prepared in writing and
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2 shall specify the nature of the violation, and the statutory
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3 provision, rule or standard alleged to have been violated. The
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4 notice of violation shall inform the licensee of its obligation to
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5 file a plan of correction within ten (10) working days of receipt of
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6 the notice of violation. In the case of a specialized facility for
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7 individuals with intellectual disabilities, the Department shall
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8 offer the licensee an informal opportunity comparable to the process
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9 offered to Medicaid-certified nursing facilities pursuant to 42 CFR
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10 C.F.R., Section 488.331, in order to dispute the alleged violations.
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11 C. The Department shall notify the licensee of its intent to
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12 take any remedial action, impose administrative penalties, place a
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13 monitor or temporary manager in the facility, issue a conditional
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14 license, or suspend or revoke a license. The Department shall also
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15 inform the licensee of the right to an informal dispute resolution,
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16 hearing, or both.
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17 D. Whenever the Department finds that an emergency exists
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18 requiring immediate action to protect the health, safety or welfare
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19 of any resident of a facility licensed pursuant to the provisions of
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20 the Nursing Home Care Act, the Department may, without notice of
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21 hearing, issue an order stating the existence of such an emergency
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22 and requiring that action be taken as deemed necessary by the
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23 Department to meet the emergency. The order shall be effective
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24 immediately. However, in the event an immediate jeopardy is
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Req. No. 2698 Page 2
1 determined to exist with respect to a facility, Department personnel
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2 shall remain on-site until the facility's plan of removal has been
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3 accepted by the Department. Any person to whom such an order is
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4 directed shall comply with such order immediately but, upon
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5 application to the Department, shall be afforded a hearing within
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6 ten (10) business days of receipt of the application. On the basis
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7 of such hearing, the Department may continue the order in effect,
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8 revoke it, or modify it. Any person aggrieved by such order
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9 continued after the hearing provided in this subsection may appeal
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10 to the district court in Oklahoma County within thirty (30) days.
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11 Such appeal when docketed shall have priority over all cases pending
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12 on the docket, except criminal cases. For purposes of this
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13 subsection, the State Board of Health shall define by rule the term
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14 "emergency" to include, but not be limited to, a life-endangering
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15 situation.
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16 E. Within thirty (30) days of receipt of a plan of correction
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17 by the State Department of Health from any facility operated by the
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18 Oklahoma Department of Veterans Affairs, the State Department of
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19 Health shall submit the results of the inspection, including a list
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20 of deficiencies in the condition or operation of the facility and
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21 recommendations for corrective measures in the form of a written
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22 report to the person immediately responsible for the administration
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23 of the facility inspected, to the Oklahoma Department of Veterans
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Req. No. 2698 Page 3
1 Affairs, to the Governor, to the Speaker of the House of
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2 Representatives, and to the President Pro Tempore of the Senate.
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3 F. At the conclusion of an inspection, survey, or
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4 investigation, the survey team's observations and preliminary
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5 findings shall be discussed in an exit conference with the facility
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6 personnel. During the exit conference, the facility shall be
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7 provided with the opportunity to discuss and supply additional
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8 information that they believe is pertinent to the preliminary
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9 findings. The following shall be provided to the facility:
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10 1. A written list containing preliminary areas of potential
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11 noncompliance with state requirements based on findings during the
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12 survey, inspection or investigation. The information provided
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13 should be adequate to notify staff of surveyor concerns regarding
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14 preliminary findings that indicate actual harm or substandard
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15 quality of care; and
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16 2. Any additional noncompliance with state requirements
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17 determined during the review of field notes or in preparation of the
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18 final survey report will be communicated to the facility personnel
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19 by email electronic mail or phone before issuing the final survey
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20 report.
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21 SECTION 2. This act shall become effective November 1, 2026.
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23 60-2-2698 DC 1/15/2026 11:04:08 AM
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Req. No. 2698 Page 4Every fact on this page links to its source, starting with the official bill record.