During the investigation under 63 O.S. Section 1-852(G) and findings under 63 O.S. Section 1-853(D), the Department and the Commissioner will consider the following:

1. (1) If the licensee has not established a record of performance in long-term care facility operations in the State of Oklahoma for at least sixty (60) months immediately preceding the filing of the application, then the Department and the Commissioner will investigate and make required findings on the holdings and long-term care facility operations of each person with a controlling interest. In determining the relevance of prior holdings and operations, the Commissioner will consider whether the person as an individual:

   1. (A) has authority to adopt or substantially influence governing policies that affect the financial performance or quality of care of the proposed facility for which a Certificate of Need has been applied; and
   2. (B) had authority to adopt or substantially influence governing policies that affected the financial performance or quality of care of the prior holding or operation.
2. (2) A history of noncompliance as defined in 63 O.S. Section 1-851.1(6).

Added at 14 Ok Reg 2247, eff 6-12-97

Amended at 18 Ok Reg 2468, eff 6-25-01

Amended at 22 Ok Reg 2363, eff 7-11-05

Amended at 38 Ok Reg 1929, eff 9-11-21