§ 63-1-1949.7 — Independent informal dispute resolution process.

Oklahoma § 63-1-1949.7

• Jurisdiction: Oklahoma
• Title 63: Public Health And Safety

Text

A. The Department shall give a long-term care administrator who the Department has determined, upon investigation, has violated the provisions of this act an opportunity to participate in an independent informal dispute resolution process of the case in accordance with this section. The Department may contract with a third-party vendor to provide the independent informal dispute resolution. B. The administrator shall make a written request to the Department to participate in an informal dispute resolution. Upon receipt of such request, the Department shall: 1. Refer the case to the informal dispute resolution provider, if the Department contracts with a third-party vendor as described in subsection A of this section, and the informal dispute resolution provider shall: a. schedule a time and date for an informal dispute resolution meeting and inform the parties of such time and date, and b. appoint an impartial decision-making panel to conduct the informal dispute resolution as provided by subsection C of this section; or 2. If the Department does not contract with a third-party vendor as described in subsection A of this section, the Department shall: a. schedule a time and date for an informal dispute resolution meeting and inform the parties of such time and date, and b. appoint an impartial decision-making panel to conduct the informal dispute resolution as provided by subsection C of this section. C. The impartial decision-making panel shall be a group of six (6) individuals who meet the following criteria: 1. Three members shall be impartial volunteers who have experience in the operation of the same type of long-term facility as the administrator who is the subject of the complaint. Such volunteers may include, but not be limited to, an administrator, assistant administrator, owner, operator, director of nursing, or compliance executive of an appropriate long-term care facility, but shall not include any person with a direct financial interest in any facility that employs or contracts with the administrator who is the subject of the complaint; and 2. Three members shall be persons representing the aging or disabled community, as appropriate for the type of long-term facility whose administrator is the subject of the complaint. D. Each party shall submit to the impartial decision-making panel all documentary evidence that the party believes has a bearing on or relevance to the violation or violations alleged by the Department in the complaint. E. The Department shall present initial arguments. The administrator shall then present his or her arguments. The informal dispute resolution shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments; however, the impartial decision-making panel may grant each party additional equal time for good cause as determined by the impartial decision-making panel. F. Rules of evidence or procedure shall not apply to the informal dispute resolution except as provided in this section. The impartial decision-making panel may: 1. Accept any information that the impartial decision-making panel deems material to the issue being presented; and 2. Reject any information that the impartial decision-making panel deems immaterial to the issue being presented. G. The informal dispute resolution may not be recorded; however, the impartial decision-making panel may make written or recorded notes of the arguments. H. 1. Only employees of or health care providers contracted by the facility where the administrator who is the subject of the complaint is employed may appear or participate in the informal dispute resolution on behalf of the administrator, except that the administrator may call one character witness to appear and testify on his or her behalf. 2. Only employees of the Department may appear or participate at the meeting for, or on behalf of, the Department for the purpose of presenting arguments. In addition to such employees, one or more employees of the Department may provide technical assistance to the impartial decision-making panel at the panel’s request. Any employee of the Department who participates in the informal dispute resolution process as described in this paragraph shall have no current involvement in long-term care facility surveys including but not limited to the informal dispute resolution process described in Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the alternative informal dispute resolution process described in Section 1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long-term care facilities. 3. The State Long-Term Care Ombudsman or designee may appear at or participate in the informal dispute resolution. 4. No party may be represented by an attorney in the informal dispute resolution. I. The informal dispute resolution process is limited to violations alleged by the Department in the complaint. If the impartial decision-making panel finds that matters not subject to the informal dispute resolution are presented, the impartial decision-making panel shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to the informal dispute resolution. The impartial decision-making panel may not include in the statement of findings described in subsection J of this section any matter not subject to the informal dispute resolution. J. Upon the conclusion of all arguments by the parties at the informal dispute resolution, the impartial decision-making panel shall issue a written statement of findings, which shall be provided to all parties and which shall include: 1. A summary of any alleged violations; 2. A statement of whether the impartial decision-making panel agrees that the alleged violation or violations occurred; 3. The facts and persuasive arguments that support the finding of the impartial decision-making panel for each alleged violation; and 4. A recommendation on appropriate disciplinary action against the administrator, if any. K. If the impartial decision-making panel cannot reach a majority decision on the findings of the informal dispute resolution as described in subsection J of this section, the State Commissioner of Health may intervene for the purpose of breaking a tie. L. The Department shall review the findings of the impartial decision-making panel and shall take such findings into consideration when determining whether to pursue further disciplinary action against the administrator.

Legislative History

Added by Laws 2023, c. 271, § 9, eff. Nov. 1, 2023.