Current through Vol. 42, No. 1, September 16, 2024
(a) It is unlawful
for any person or organization to operate a group home per Sections
1430.1 through
1430.41 of Title 10 of the
Oklahoma Statutes (10 O.S. §§ 1430.1 through 1430.41) without a
license from Oklahoma Human Services (OKDHS) Developmental Disabilities
Services (DDS). Providers who have a current contract to provide:
(1) group home services with OKDHS DDS;
or
(2) Home and Community-Based
Waiver group home services with Oklahoma Health Care Authority are deemed
licensed.
(b) A license
to operate a group home may be issued upon completion of an approved
application and inspection. The license must include, but is not limited to:
(1) maximum bed capacity for which the
license is granted;
(2) kind of
program the licensee is certified to operate;
(3) date license was issued;
(4) expiration date of license; and
(5) address of the home for which the license
is issued.
(c) A license
is issued only for the premises named on the application and is neither
transferable nor assignable.
(d)
DDS Community Services staff maintains a record of each group home deemed
licensed, including:
(1) maximum bed
capacity;
(2) type of group home
operated; and
(3) address of group
home.
(e) The group home
license expires 12 months from the date of issuance.
(f) DDS may issue a conditional license to
any group home in which it finds a violation exists. The issuance of a
conditional license revokes any license the group home holds.
(1) Prior to the issuance of a conditional
license, DDS:
(A) reviews and approves a
written plan of correction
(B)
specifies the violations that prevent full licensure and establishes a time
schedule for correction of the deficiencies; and
(C) sends notice of the decision to issue a
conditional license to the provider with the proposed plan of correction. The
notice informs the provider of the right to an appeal per Oklahoma
Administrative Code (OAC)
340:100-3-27.
(2) DDS provides notice and due process for
the holder of a conditional license per 10 O.S. §
1430.17.
(g) Any person
or organization desiring to operate a group home must request a licensure
packet from DDS, Group Home Licensure, P.O. Box 25352, Oklahoma City, OK
73125.
(h) An applicant for
license, license renewal, or contract to operate a group home must submit to
DDS a completed application along with the documents DDS requires to determine
whether the applicant:
(1) is 21 years of age
or older and of reputable and responsible character;
(2) demonstrates the skill and fitness to
provide the necessary services;
(3)
has appropriate business experience; and
(4) has professional experience with the
population to be served.
(i) An application for a license or contract
to operate a group home must include documentation that the state fire marshal
or representative has inspected and approved the home. A contract provider who
wishes to open an additional group home must also provide this documentation.
(1) After the initial state fire marshal
inspection, each group home must be inspected as required by ordinance per
local or state fire marshal and found in compliance with fire safety
regulations prior to re-issuance of a license or contract.
(2) All group home inspections are subject to
state fire marshal fees, citations, and penalties.
(j) Prior to opening, the provider must
obtain for each group home a licensed:
(1)
plumber or municipal building inspector's report; and
(2) electrician or municipal building
inspector's report.
(k)
An approval letter from the local zoning authority must accompany all initial
license applications or contractor requests for each particular
address.
(l) No person who is
ineligible for employment as a community services worker, per OAC
340:100-3-39, is eligible to:
(1) be licensed; or
(2) receive a contract to become a provider.
If the applicant, licensee, or contractor is a firm, partnership, limited
liability company or corporation, the applicant is not eligible to:
(A) be licensed; or
(B) receive a contract if any person in (i)
through (iv) is ineligible for employment as a community services worker.
(i) A member of the firm;
(ii) A major member of the limited liability
company or manager;
(iii) A major
partner of the partnership; or
(iv)
An officer or major stockholder of the
corporation.
(m) A license or a contract to operate a
group home is not transferable. Ownership of a group home may only be changed
from the provider named in the application to another provider who has a
current group home license or contract, and only upon prior written approval of
DDS.
(1) The current group home provider
must:
(A) notify the DDS director or designee
in writing of the change no less than 30-calendar days prior to the effective
date of the change;
(B) remain
responsible for the operation of the home until the change in ownership is
complete; and
(C) remain liable for
all penalties assessed for violations occurring prior to change of
ownership.
(2) Any
citations, problems DDS identifies prior to the change in ownership, or
outstanding deficiencies remaining after the change in ownership are the
responsibility of the new owner of the group home to
correct.
(n) Any licensed
or contracted group home provider, per OAC 340:100-6, must give 90-calendar
days notice prior to closing a home or to closing any part of a home that would
require the transfer or discharge of more than ten percent of the residents.
(1) Notice must be given to:
(A) DDS director or designee;
(B) any resident who requires transfer or
discharge from the group home; and
(C) the resident's legal guardian, family, or
advocate.
(2) Notice must
state the proposed date of closing and reason for closing.
(3) The group home provider must offer to
assist the resident in securing alternative placement.
(4) The DDS director or designee must be
notified if there is need for relocation assistance.
Added at 12 Ok Reg
409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at
24 Ok Reg 1046, eff 5-11-07
