Current through Vol. 42, No. 1, September 16, 2024
(a) These
standards are not intended to restrict innovations and improvements in design
or construction techniques. Accordingly, the Department may approve plans and
specifications that contain deviations if it is determined that the respective
intent or objective of this Chapter has been met.
(b) An assisted living center may submit a
request for exception or temporary waiver if the rules in this Chapter create
an unreasonable hardship, or if the design and construction for the assisted
living center property offers improved or compensating features with equivalent
outcomes to this Chapter.
(c) The
Department may permit exceptions and temporary waivers of this Chapter if the
Department determines that such exceptions or temporary waivers comply with the
requirements of 63 O.S. Section
1-1901 et
seq., and the following:
(1) Any assisted
living center requesting an exception or temporary waiver shall apply in
writing on a form provided by the Department. The form shall include:
(A) The section(s) of this Chapter for which
the exception or temporary waiver is requested;
(B) Reason(s) for requesting an exception or
temporary waiver;
(C) The specific
relief requested; and
(D) Any
documentation which supports the application for exception.
(2) In consideration of a request
for exception or temporary waiver, the Department shall consider the following:
(A) Compliance with 63 O.S. Section
1-1901 et
seq.;
(B) The level of care
provided;
(C) The impact of an
exception on care provided;
(D)
Alternative policies or procedures proposed; and
(E) Compliance history with provisions of
this Chapter.
(3) The
Department shall permit or disallow the exception or waiver in writing within
forty-five (45) calendar days after receipt of the request.
(4) If the Department finds that a request is
incomplete, the Department shall advise the assisted living center in writing
and offer an opportunity to submit additional or clarifying information. The
applicant shall have thirty (30) calendar days after receipt of notification to
submit additional or clarifying information in writing to the Department of
Health, or the request shall be considered withdrawn.
(5) An assisted living center which disagrees
with the Department's decision regarding the exception or temporary waiver may
file a written petition requesting relief through an individual proceeding
pursuant to OAC 310:2 (relating to Procedures of the State Department of
Health).
(6) The Department may
revoke an exception or temporary waiver through an administrative proceeding in
accordance with OAC 310:2 and the Oklahoma Administrative Procedures Act upon
finding the assisted living center is operating in violation of the exception
or temporary waiver, or the exception or temporary waiver jeopardizes patient
care and safety or constitutes a distinct hazard to life.
(7) The Department shall publish decisions on
requests for exceptions and waivers and make them available to facilities and
centers and the public.
