SECTION 310:675-5-25. Self-certification of plans

(a)   The Department shall make available consultation and technical assistance services covering the requirements of this section to a nursing facility considering self-certification of plans. The consultation and technical assistance is subject to the fees specified in OAC 310:675-5-23. The consultation is optional and not a prerequisite for filing a request through the self-certification review process.

(b)   The nursing facility and the project architect or engineer may elect to request approval of design and construction plans through a self-certification review process. The nursing facility and the project architect or engineer shall submit a self-certification request on a form provided by the Department, along with the review fee specified in OAC 310:675-5-23. The form shall be signed by the nursing facility and the project architect or engineer attesting that the plans and specifications are based upon and comply with the requirements of this Chapter. The form shall require information necessary to demonstrate compliance with OAC 310:675-5-25(c).

(c)   To be eligible for self-certification, projects must comply with the following requirements:

(1)   The project involves any portion of the nursing facility where residents are intended to be examined or treated and the total cost of design and construction is two million and five hundred thousand dollars ($2,500,000) or less; or

(2)   The project involves only portions of the nursing facility where residents are not intended to be examined or treated; and

(3)   The project architect or engineer attesting the application has held a license to practice architecture or engineering for at least five (5) years prior to the submittal of the application, is licensed to practice in Oklahoma; and

(4)   The nursing facility owner/operator acknowledges that the Department retains the authority to:

(A)   Perform audits of the self-certification review program and select projects at random for review;

(B)   Review final construction documents;

(C)   Conduct on-site inspections of the project;

(D)   Withdraw approval based on the failure of the nursing facility or project architect or engineer to comply with the requirements of this Chapter; and

(5)   The nursing facility agrees to make changes required by the Department to bring the construction project into compliance with this Chapter.

(d)   Within twenty-one (21) days after receipt of a complete application, the Department shall approve or deny the application for self-certification and send notification to the nursing facility. If the application is denied, the nursing facility shall have thirty (30) calendar days to submit additional or supplemental information demonstrating that the application complies with the requirements for self-certification of plans and specifications. The Department shall have fourteen (14) calendar days after receipt of supplemental information to reconsider the initial denial and issue a final approval or denial of the self-certification request.

(e)   After denial of the application for self-certification and prior to the start of construction, the nursing facility shall pay the applicable fee for plan review specified in OAC 310:667-47-1(b)(1) through (5). Upon receipt of the plan review fee, the Department shall review the nursing facility's plans in accordance with the process in OAC 310:675-5-23.

[Source: Added at 34 Ok Reg 1305, eff 10-1-17]