Current through Vol. 42, No. 1, September 16, 2024
(a)
Termination of residency when inappropriately placed. If an
assisted living center finds pursuant to
310:663-3-4
(relating to appropriate placement) that a resident is inappropriately placed,
the assisted living center shall inform the resident and/or the resident's
representative if any. If voluntary termination of residency is not arranged,
the assisted living center shall provide written notice to the resident and to
the resident's representative, giving the resident thirty (30) days notice of
the assisted living center's intent to terminate the residency agreement and
move the resident to an appropriate care provider. The thirty (30) day
requirement shall not apply:
(1) when
emergency termination of the residency agreement is mandated by the resident's
immediate health needs; or
(2) when
termination of the residency agreement is necessary for the physical safety of
the resident or other residents.
(b)
Written notice of involuntary
termination of residency for reasons of inappropriate placement. The
written notice of involuntary termination of residency for reasons of
inappropriate placement shall include:
(1) A
full explanation of the reasons for the termination of residency;
(2) The date of the notice;
(3) The date notice was given to the resident
and the resident's representative; and,
(4) The date by which the resident must leave
the assisted living center.
(c)
Involuntary termination of
residency for reasons other than inappropriate placement. Procedures for
involuntary termination of residency for reasons other than inappropriate
placement, by an assisted living center, are as follows:
(1) Written notice shall be provided to the
resident, the resident's representative, the person responsible for payment of
charges for the resident's care, if different from any of the foregoing, and
the Department, at least thirty (30) days in advance of the termination of
residency date.
(2) The written
notice shall include:
(A) A full explanation
of the reasons for the termination of residency;
(B) The date of the notice;
(C) The date notice was given to the resident
and the resident's representative;
(D) The date by which the resident must leave
the assisted living center;
(E)
Notice that the resident, the resident's representative or person responsible
for payment of the resident's care may request a hearing with the
Department;
(F) Notice that the
request for hearing with the Department must be filed within ten (10)
Department business days of receipt of the facility notice; and
(G) Notice that a written or verbal request
for a hearing with the Department should be directed to the Hearing Clerk,
Oklahoma State Department of Health, 123 Robert S. Kerr Ave., Oklahoma City, OK
73102, telephone (405) 271-1269.
(3) An assisted living center shall not
involuntarily terminate a residency agreement for reasons other than
inappropriate placement without following the procedures in this
section.
(4) If a written or verbal
request for a hearing is timely filed by an eligible aggrieved party, the
Department shall convene a hearing within ten (10) Department business days of
receipt of the request. The request may be in the form of a written or verbal
request for hearing from the resident or the resident's representative. In the
event that the resident is unable to write, a verbal request made to the
hearing clerk shall be sufficient. The Department shall reduce the verbal
request to writing and send a copy to the resident. The request shall state the
reason for the termination of residency and attach a copy of the letter from
the assisted living center.
(5)
While waiting for the hearing, the assisted living center shall not terminate
the residency agreement unless the termination is an emergency situation. If
the resident relocates from the assisted living center but wants to be
readmitted, the Department may proceed with the hearing and the assisted living
center shall be required to readmit the resident if the discharge is found not
to meet the requirements of OAC 310:663.
(6) The Department shall provide the
Administrative Law Judge and the space for the hearing. The parties, including
the resident and the assisted living center, may be represented by counsel or
may represent themselves. Assisted living centers operating as a corporation or
limited liability company shall be represented by counsel.
(7) The hearing shall be conducted at the
Oklahoma State Department of Health building unless there is a request for the
hearing to be held at the assisted living center or at another place. If the
hearing is conducted at another location the parties are responsible for
providing the hearing room. The Department shall maintain a record on the case
in accordance with the Administrative Procedures Act.
(8) The hearing shall be conducted in
accordance with the Administrative Procedures Act. The Administrative Law
Judge's order shall include findings of fact, conclusions of law and an order
as to whether or not the termination of the residency was according to
law.
(9) If the Administrative Law
Judge finds that the termination of residency was not according to law, the
Department shall review, investigate and issue deficiencies as appropriate.
(10) If the termination of
residency is according to law, the order shall give the assisted living center
the right to terminate the residency agreement.
(11) The scope of the hearing may include:
(A) Inadequate notice;
(B) Discharge based on reason not stated in
the law;
(C) Sufficiency of the
evidence to support the termination of residency; or
(D) The finding of emergency.
(12) The Administrative Law Judge
shall render a written decision within ten (10) Department business days of the
close of the record.
(13) If the
Administrative Law Judge sustains the decision of the assisted living center,
the assisted living center may proceed with the termination of residency. If
the Administrative Law Judge finds in favor of the resident, the assisted
living center shall withdraw its notice of intent to terminate the residency
agreement. The decision of the Administrative Law Judge shall be final and
binding on all parties unless appealed in accordance with the provisions of the
Administrative Procedures Act.
Added at 15 Ok Reg 2605,
eff 6-25-98; Amended at 24 Ok Reg 2007, eff
6-25-071; Amended at 25 Ok Reg 2460, eff
7-11-08
1See Editor's Note at
beginning of this Chapter.
