Okla. Admin. Code § 310:4-7-1

Current through Vol. 42, No. 4, November 1, 2024

Section 310:4-7-1 - Service areas

(a) The service area for a Licensed Nursing Facility (LNF) is presumed to be a map mileage of fifteen (15) miles from the location of the facility, except that the service area is a radius of seven and one half (7.5) 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 is 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 includes population data for the cities and towns that fall within the service area, and an estimate of the service area population that does not live in area cities or towns. If detailed official population data is not available for a rural portion of the service area, the estimate of the rural population is 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 in 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.

Okla. Admin. Code § 310:4-7-1

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021