Okla. Admin. Code § 310:4-7-2

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

Section 310:4-7-2 - Standards for LNF beds

(a) The applicant must demonstrate that existing licensed nursing facility beds are not and will not be adequate in the service area described in 310:4-7-1, based on the need of the population.

(1) The applicant must demonstrate that there are persons who need services in the area but are unable to obtain those services due to the inadequacy of existing LNF facilities in the area.

(2) The applicant must demonstrate the probable impact of the proposed beds on the ratio of LNF beds to the number of persons age seventy-five (75) and over statewide. The applicant must show that the proposed new beds likely will not cause the statewide ratio to exceed one hundred seventy-nine (179) beds per one thousand (1000) persons age seventy-five (75) and over, and that the project is consistent with the achievement of an optimal target ratio of one hundred fifty-two (152) beds per one thousand (1000) persons age seventy-five (75) and over.

(3) The applicant must demonstrate the probable impact of the proposed beds on the ratio of LNF beds to the number of persons age seventy-five (75) and over in the service area. The application cannot cause an excessive increase in the bed to population ratio of a service area. The determination of whether or not an increase is excessive is based on the percentage of increase a project will cause in an area's bed to population ratio, and on a comparison of the area's bed to population ratio against the statewide ratio.

(4) The most recent population data published at the time the application is filed must be used. The source of population projections for current and future years is based on year 2000 census data as published by the Oklahoma Department of Commerce.

(5) If the applicant proposes a special service area under 310:4-7-1, then the applicant must demonstrate that the target population will have access to the proposed services through public or private transportation.

(b) The applicant must demonstrate that alternative or substitute services are not and will not be available or are and will be inadequate to meet the needs of the population.

(1) An overall mean occupancy rate of eighty-five percent (85%) should be maintained in LNF beds in the service area described in OAC 310:4-7-1.

(A) This mean is based on data from all similarly-licensed facilities in the service area using monthly reports filed with the Department of Health, taking into consideration the following:

(i) any specialized facility for individuals with intellectual disabilities or intermediate care facility for individuals with intellectual disabilities in the area is excluded;

(ii) in the case of a nursing facility application, any hospital-based skilled nursing unit shown to serve a different health service need is excluded;

(iii) in the case of a hospital-based skilled nursing unit application, any nursing facility shown to serve a different health service need is excluded;

(iv) in the case of a facility demonstrating a special service area under OAC 310:4-7-1(b), each facility not shown to be adequate or appropriate to meet the needs of the facility's special population is excluded.

(B) The mean is calculated using data for the most recent six (6) month period reports are published by the Department of Health, as of the first day of the month during which an application is initially filed.

(i) Beds reserved for residents who were temporarily absent from facilities for hospitalization or other therapeutic purposes is considered to have been occupied.

(ii) The area bed capacity used to calculate the occupancy rate is reduced by the number of beds that are not available because rooms licensed for multiple occupants have been reserved for single occupants throughout the six (6) month period.

(C) In determining the service area's conformity to the occupancy goal specified in this subsection, the Department will investigate the causes for low-occupancy operation of other facilities in the service area. The Department must exclude such low-occupancy facility from the service area calculations if the facility has been in operation continuously under the current licensee for 24 or more months and:

(i) The facility's state license or federal certification during the sixty (60) months preceding the filing of the application has been revoked, rescinded, canceled, terminated, involuntarily suspended or refused renewal;

(ii) The facility has a history of noncompliance as defined in 63 O.S. Section 1-851.1(6); or

(iii) The facility has not complied with all lawful orders of suspension, temporary management, or administrative penalty issued by the Department, another state agency, or by the federal Health Care Financing Administration;

(iv) The facility's owner, operator, manager, or medical director has been convicted of a criminal offense related to the operation or management of a long-term care facility; or

(v) The facility has been assessed an administrative penalty above the level of deficiency with one or more of the following unfavorable factors:

(I) The administrative penalty included a citation of immediate jeopardy or actual harm to a resident;

(II) The circumstance cited in connection with a civil money penalty or other administrative penalty resulted in the death of a resident; or

(III) Multiple civil money penalties, denials of payment, or other administrative penalty have been assessed based on findings of substandard quality of care, actual harm, or potential for more than minimal harm, at the facility within the preceding sixty (60) months.

(2) The applicant must demonstrate that the proposed beds are needed in addition to any beds previously approved under the State Certificate of Need laws but not yet in operation in the service area.

(3) The applicant's demonstration must include consideration of the adequacy of such alternative services as residential care facilities, eldercare, home health care, hospice, assisted living and adult day care.

(c) The applicant must demonstrate adequate financial resources for the new or expanded long-term care services and for the continued operation thereof.

(1) Reimbursement is structured to realistically provide for care and services to persons living in the service area.

(2) The proposed charges must be in line with the prevailing rate of similar institutions and services within the health service area.

(3) The projected utilization rates are sufficient to maintain cost-effectiveness.

(4) The projected cash flow must give the proposed project financial viability within three years.

(5) The relationship of the institution's assets to liabilities cannot be increased by the proposed project to the point of threatening the financial viability of the institution.

(6) The applicant must supply a cost/benefit analysis to justify the cost-effectiveness of the proposed project.

(d) The applicant must demonstrate that sufficient personnel will be available to properly staff and operate the proposed new or expanded long-term care service.

(1) A proposal to provide new or expanded long-term care service must provide assurances that the appropriate numbers and types of staff will be available to comply with licensure requirements.

(2) Professional and paraprofessional staffing of new or expanded long-term care services must not compromise the staffing of existing long-term care services.

(3) The applicant must disclose all current and prior experience in the operation of health care facilities, giving names of facilities, locations, and dates. If the applicant has less than sixty (60) months experience in health care facility operations immediately preceding the filing of the application, then the applicant must:

(A) Provide a plan that details how experienced and competent staffing and leadership, including but not limited to the director of nursing, the medical director, the administrator, and the applicant's policy body, will be placed in charge of facility operations; and

(B) Agree to advise the Department, before any change in the staffing and leadership during the first six (6) months of operation of the new or expanded facility.

Okla. Admin. Code § 310:4-7-2

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