Oklahoma Administrative Code
Title 770 - Oklahoma Department of Veterans Affairs
Chapter 10 - Center Division Program
Subchapter 5 - Resident Rights and Responsibilities
Section 770:10-5-4 - Appeal process for residents objecting to discharge

(a) If a written request for a hearing is properly filed, the Oklahoma State Department of Health shall convene a hearing within ten (10) working days of receipt of the request.

(b) The request may be in the form of a letter or a formal request for hearing from the resident or 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 Oklahoma State Department of Health shall reduce the verbal request to writing and send a copy to the resident. The request should state the reason for the discharge and attach a copy of the letter to the Center and to the Executive Director of the Oklahoma Department of Veterans Affairs.

(c) During the pendency of the hearing, the facility shall not discharge the resident unless the discharge was required by an emergency situation.

(d) If the resident relocates from the facility but wants to be readmitted, the hearing may proceed and the facility shall be required to readmit the resident to the first available bed if the discharge is found not to meet the requirements of the Nursing Home Care Act, state and federal laws applicable to the Oklahoma Department of Veterans Affairs facilities, these regulations and regulations of the Oklahoma State Department of Health, found in OAC 310:675.

(e) The Oklahoma State Department of Health shall provide the Administrative Law Judge and the space for the hearing. The parties, including the resident, and the Oklahoma Department of Veterans Affairs, may be represented by counsel or may represent themselves.

(f) 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 facility or at another place. Providing the hearing room in such a case shall be the responsibility of the parties. The Department of Health shall maintain a record on the case as it does for any other individual proceeding.

(g) The hearing shall be conducted in accordance with the Oklahoma State Department of Health's procedures, found in Chapter 2 of Title 310 of the Oklahoma Administrative Code. The Administrative Law Judge's order shall include findings of fact, conclusions of law, and an order as to whether or not the transfer or discharge was according to law and shall also comply with any federal certification standards. The more restrictive rule toward the facility shall be applied.

(h) If the Administrative Law Judge finds that the discharge was not according to law, the Department of Health shall review, investigate and issue deficiencies as appropriate.

(i) If the discharge is according to law, the order shall give the facility the right to discharge the resident.

(j) The scope of the hearing may include:

(k) The Administrative Law Judge shall render a written decision within ten (10) working days of the close of the record.

(l) If the Administrative Law Judge sustains the facility, the facility may proceed with the discharge. If the Administrative Law Judge finds in favor of the resident, the facility shall withdraw its notice of intent to transfer or discharge the resident. The decision of the Administrative Law Judge shall be final and binding on all parties unless appealed under the Administrative Procedures Act.