Okla. Admin. Code § 450:18-17-3

Current through Vol. 42, No. 8, January 2, 2025

Section 450:18-17-3 - Certificate of Need requirements

(a) Facilities seeking initial certification for residential substance use disorder services, medically supervised withdrawal management services, or halfway house services that intend to enroll with the Oklahoma Health Care Authority shall be subject to a Certificate of Need evaluation completed by the Department. Such facilities will be required to provide a Certificate of Need from the Department to the Oklahoma Health Care Authority upon enrollment as a Medicaid provider, in accordance with OAC 317:30-5-95.44(a)(3). In addition to the standard certification application, entities shall provide information requested by the Department on the Department-prescribed form. Such information shall include, but not be limited to, the following:

(1) Number of beds that are/will be in the facility;

(2) Number of beds that will be added, if any;

(3) Timeframe for the addition of new beds;

(4) Population(s) that will be served; and

(5) Type(s) of services that will be provided.

(b) The following factors shall be considered in determining whether a Certificate of Need shall be granted:

(1) Residential substance use disorder, medically supervised withdrawal management, and/or halfway house bed occupancy rates for the applicable population and geographic area;

(2) Residential substance use disorder, medically supervised withdrawal management, and/or halfway house bed occupancy rates for Medicaid beneficiaries within the geographic area;

(3) The estimated need that the population to be served has for the services proposed by the entity based on the following:

(A) Current population estimates and demographics;

(B) Population trends or projections; and

(C) Substance use disorder service utilization trends

(4) The type and number of residential substance use disorder, medically supervised withdrawal management, and/or halfway house providers in the same geographic area; and

(5) Any extenuating circumstances or factors the Department considers substantial, such as anticipated increases in the need or demand for residential substance use disorder, medically supervised withdrawal management, or halfway house services.

(c) If the Department determines that, based upon these factors, a need for an additional residential substance use disorder, medically supervised withdrawal management, or halfway house facility and associated number of beds cannot be demonstrated, a Certificate of Need shall not be issued to the facility.

(d) Failure of a facility to obtain a Certificate of Need shall not prohibit the facility from obtaining certification from the Department.

Okla. Admin. Code § 450:18-17-3

Adopted by Oklahoma Register, Volume 38, Issue 07, December 15, 2020, eff. 10/1/2020

Adopted by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/15/2021