Current through Vol. 42, No. 1, September 16, 2024
(a) For the
purposes of this Chapter, the service area for an LNF shall be presumed to be a
map mileage of fifteen miles from the location of the facility, except that the
service area shall be a radius of seven and one-half miles for any facility
located in the corporate limits of Tulsa or Oklahoma City, and any municipality
contiguous with boundaries of Tulsa or Oklahoma City.
(1) The map mileage for LNFs shall be
calculated based on the minimum distance on hard surface, all weather roads
from LNF to LNF using the State Transportation Department Planning Division's
current official General Highway Map by County or City which provides
sufficient detail for calculations of the distance between
facilities.
(2) The calculation of
the service area population shall include population data for the cities and
towns which fall within the service area, and an estimate of the service area
population which does not live in area cities or towns. If detailed official
population data are not available for a rural portion of the service area, the
estimate of the rural population shall be a prorated share of the county's
rural population based on the geographic size of the portion of the county
which is included in the facility's service area.
(b) An applicant may define and describe a
service area other than that presumed in (a) of this Section by showing through
a clear and convincing demonstration one or more of the following:
(1) the facility is providing or will provide
services exclusively to religious groups in which membership is
restricted;
(2) the facility is
responding or will respond to a regional, statewide or national population with
special health service needs;
(3)
the facility is or will be a qualified continuing care facility as such term is
defined under the Internal Revenue Code Section 7872(g)(4)(A) and is serving or
will serve individuals who are residing or will reside in a separate
independent living unit owned by the applicant;
(4) the facility is serving or will serve a
rural area where residents must drive more than 30 minutes to reach adequate
nursing facility services; or
(5)
the facility is the nursing care component of a life care community.
Amended at 18 Ok Reg 2498,
eff 6-25-01; Amended at 19 Ok Reg 2080, eff
6-27-02
