Okla. Admin. Code § 340:100-6-10

Current through Vol. 42, No. 7, December 16, 2024

Section 340:100-6-10 - License or contract required

(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.

Okla. Admin. Code § 340:100-6-10

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

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023