1|ENGROSSED HOUSE | |BILL NO. 1630 By: Sneed of the House | 2| | | and | 3| | | Bullard of the Senate | 4| | | | 5| | | | 6| | | | 7| An Act relating to medical facilities; defining | | terms; prohibiting operation of certain facility | 8| without a license; providing certain interpretation; | | requiring separate license for each location; | 9| prohibiting transfer or assignment of certain | | license; providing penalty for noncompliance; | 10| requiring the establishment of certain | | classification; providing certain exceptions; setting | 11| requirements for certain application; requiring | | licensing fee; requiring Oklahoma Commissioner of | 12| Health to adopt certain rules and set certain fees; | | authorizing facility inspections; requiring licensing | 13| fees to be deposited in certain revolving fund; | | requiring Oklahoma Commissioner of Health to adopt | 14| certain rules; requiring consultation; requiring | | facility to provide examination for determination of | 15| emergency medical condition; requiring facility to | | meet certain standards; requiring agreement; | 16| prohibiting certain reimbursement; authorizing | | complaints against certain facilities to be filed | 17| with the State Department of Health; authorizing | | State Department of Health to take certain action for | 18| certain violations; authorizing emergency order of | | license suspension; providing procedure for hearing; | 19| authorizing petition for temporary restraining order; | | authorizing district courts to issue injunctions; | 20| directing the Attorney General to file suit at | | request of Department; establishing venue; | 21| authorizing administrative penalties; limiting amount | | of penalties; providing basis for calculating amount | 22| of penalty; requiring certain written notice; | | specifying information to be included in written | 23| notice; providing for judicial review of certain | | order; creating revolving fund; providing for | 24| codification; and providing an effective date. | | | arsid13251694 ENGR. H. B. NO. 1630 Page 1 ___________________________________________________________________________
1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 2| SECTION 1. NEW LAW A new section of law to be codified | | | 3|in the Oklahoma Statutes as Section 2667 of Title 63, unless there | | | 4|is created a duplication in numbering, reads as follows: | | | 5| As used in this act: | | | 6| 1. "Commissioner" means the Oklahoma Commissioner of Health; | | | 7| 2. "Department" means the State Department of Health; | | | 8| 3. "Emergency care" means health care services provided to | | | 9|achieve stabilization as needed for conditions that reasonably | | | 10|appear to constitute a life- or limb-threatening emergency based on | | | 11|the presenting symptoms of the patient; | | | 12| 4. "Facility" means a short-term emergency and nonemergency | | | 13|hybrid medical facility; | | | 14| 5. "Maximum emergency stay period" means any patient who is | | | 15|treated for an emergency situation and is prohibited from being | | | 16|treated or held any longer than twenty-four (24) hours so long as | | | 17|the necessary treatment required is deemed an emergency. Maximum | | | 18|emergency stay period shall not apply to patients that are | | | 19|stabilized and needing further treatment from being provided | | | 20|nonemergency care; | | | 21| 6. "Nonemergency care" means all health care that is not for | | | 22|life-threatening conditions or covered as emergency care under an | | | 23|existing health care policy, including, but not limited to, the | | | 24|following services: | | | arsid13251694 ENGR. H. B. NO. 1630 Page 2 ___________________________________________________________________________
1| a. diagnostic testing, | | | 2| b. lab testing, | | | 3| c. outpatient services, | | | 4| d. primary care, and | | | 5| e. X-rays, magnetic resonance imaging (MRI), and other | | | 6| types of imaging; and | | | 7| 7. "Short-term emergency and nonemergency hybrid medical | | | 8|facility" means a dual-sided facility, structurally separate and | | | 9|distinct from a hospital that is open twenty-four (24) hours per day | | | 10|and seven (7) days a week, with one side of the facility providing | | | 11|emergency care and the other side of the facility providing | | | 12|nonemergency care. | | | 13| SECTION 2. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 2668 of Title 63, unless there | | | 15|is created a duplication in numbering, reads as follows: | | | 16| A. Except as provided by Section 3 of this act, a person shall | | | 17|not establish or operate a short-term emergency and nonemergency | | | 18|hybrid medical facility in this state without a license issued under | | | 19|this act. | | | 20| B. Except as provided by Section 3 of this act, a facility | | | 21|shall not hold itself out to the public as a short-term emergency | | | 22|and nonemergency hybrid medical facility or use any similar term, as | | | 23|defined by State Department of Health rule, that would give the | | | 24|impression that the facility or person is providing emergency care | | | arsid13251694 ENGR. H. B. NO. 1630 Page 3 ___________________________________________________________________________
1|unless the facility or person holds a license issued under this act. | | | 2| C. Nothing in this act shall be interpreted to prohibit a | | | 3|licensed short-term emergency and nonemergency hybrid medical | | | 4|facility from providing other health care services including, but | | | 5|not limited to, imaging, primary care, nonemergency care, and other | | | 6|ancillary services. | | | 7| D. Each separate facility location shall have a separate | | | 8|license. | | | 9| E. A license issued under this act is not transferable or | | | 10|assignable. | | | 11| F. Any person who is convicted of violating a provision of this | | | 12|section shall be guilty of a misdemeanor. Each day of a continuing | | | 13|violation constitutes a separate offense. | | | 14| G. The Oklahoma Commissioner of Health by rule shall establish | | | 15|a classification for a facility that is in continuous operation | | | 16|twenty-four (24) hours per day and seven (7) days per week. | | | 17| H. No license shall be issued to a facility located in a city | | | 18|with an established hospital within twenty (20) miles or twenty (20) | | | 19|minutes (whichever is greater) from a rural hospital and a | | | 20|population of less than thirty thousand (30,000) people unless | | | 21|written permission is obtained from the hospital to operate a | | | 22|short-term emergency and nonemergency hybrid medical facility. | | | 23| | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 4 ___________________________________________________________________________
1| SECTION 3. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 2669 of Title 63, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| The following facilities shall not be required to be licensed | | | 5|under this act: | | | 6| 1. An office or clinic owned and operated by a manufacturing | | | 7|facility solely for the purposes of treating its employees and | | | 8|contractors; | | | 9| 2. Temporary emergency clinics in disaster areas; | | | 10| 3. An office or clinic of a licensed dentist, optometrist, or | | | 11|podiatrist; | | | 12| 4. A licensed nursing home; | | | 13| 5. A licensed hospital; | | | 14| 6. A hospital that is owned and operated by this state; | | | 15| 7. A facility located within or connected to a hospital | | | 16|described by paragraph 5 or 6 of this section; | | | 17| 8. A facility that is owned or operated by a hospital described | | | 18|by paragraph 5 or 6 of this section and is: | | | 19| a. surveyed as a service of the hospital by an | | | 20| organization that has been granted deeming authority | | | 21| as a national accreditation program for hospitals by | | | 22| the federal Centers for Medicare and Medicaid | | | 23| Services, or | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 5 ___________________________________________________________________________
1| b. granted provider-based status by the Centers for | | | 2| Medicare and Medicaid Services; or | | | 3| 9. A licensed ambulatory surgical center. | | | 4| SECTION 4. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 2670 of Title 63, unless there | | | 6|is created a duplication in numbering, reads as follows: | | | 7| A. An applicant for a license under this act shall submit an | | | 8|application to the State Department of Health on a form prescribed | | | 9|by the Department. | | | 10| B. Each application shall be accompanied by a nonrefundable | | | 11|license fee in an amount set by the Oklahoma Commissioner of Health. | | | 12| C. The application shall require that an emergency room is | | | 13|staffed by board-certified emergency room physicians licensed by the | | | 14|State Board of Medical Licensure and Supervision. | | | 15| D. The application shall contain evidence that the facility | | | 16|meets the minimum standards and requirements specified in Section 9 | | | 17|of this act. | | | 18| E. The Department shall issue a license if, after inspection | | | 19|and investigation, it finds that the applicant and the facility meet | | | 20|the requirements of this act and the standards adopted under this | | | 21|act. | | | 22| F. The license fee shall be paid annually on renewal of the | | | 23|license. | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 6 ___________________________________________________________________________
1| SECTION 5. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 2671 of Title 63, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| The Oklahoma Commissioner of Health shall adopt rules necessary | | | 5|to implement this act, including requirements for the issuance, | | | 6|renewal, denial, suspension, and revocation of a license to operate | | | 7|a facility. | | | 8| SECTION 6. NEW LAW A new section of law to be codified | | | 9|in the Oklahoma Statutes as Section 2672 of Title 63, unless there | | | 10|is created a duplication in numbering, reads as follows: | | | 11| The Oklahoma Commissioner of Health shall set fees imposed by | | | 12|this act in amounts reasonable and necessary to defray the cost of | | | 13|administering this act. | | | 14| SECTION 7. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 2673 of Title 63, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| The State Department of Health may inspect a facility at | | | 18|reasonable times as necessary to ensure compliance with this act. | | | 19| SECTION 8. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 2674 of Title 63, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| All fees collected under this act shall be deposited in the | | | 23|State Treasury to the credit of the Short-term Emergency and | | | 24|Nonemergency Hybrid Medical Facility Licensing Fund created by | | | arsid13251694 ENGR. H. B. NO. 1630 Page 7 ___________________________________________________________________________
1|Section 17 of this act for the administration and enforcement of | | | 2|this act and for no other purposes. | | | 3| SECTION 9. NEW LAW A new section of law to be codified | | | 4|in the Oklahoma Statutes as Section 2675 of Title 63, unless there | | | 5|is created a duplication in numbering, reads as follows: | | | 6| A. The Oklahoma Commissioner of Health shall adopt rules | | | 7|necessary to implement this act, including standards for: | | | 8| 1. The construction and design of the facility including | | | 9|plumbing, heating, lighting, ventilation, proper air transportation | | | 10|accommodations, and other design standards necessary to ensure the | | | 11|health and safety of patients; | | | 12| 2. Any transportation accommodations which shall be required | | | 13|unless a facility is located where air transportation is expressly | | | 14|prohibited by Title 14 of the Code of Federal Regulations; | | | 15| 3. The number, qualifications, and organization of the | | | 16|professional staff and other personnel, including the requirement | | | 17|that each facility staff board-certified emergency room physicians | | | 18|when providing emergency care; | | | 19| 4. The administration of the facility; | | | 20| 5. The equipment essential to the health and welfare of the | | | 21|patients; | | | 22| 6. The sanitary and hygienic conditions within the facility and | | | 23|its surroundings; | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 8 ___________________________________________________________________________
1| 7. The requirements for the contents, maintenance, and release | | | 2|of medical records; | | | 3| 8. The minimal level of care and standards for denial of care; | | | 4| 9. The provision of laboratory and radiological services; | | | 5| 10. The distribution and administration of drugs and controlled | | | 6|substances; | | | 7| 11. A quality assurance program for patient care; | | | 8| 12. Disclosure, if applicable, of the following: | | | 9| a. the name and Social Security number of the sole | | | 10| proprietor, if the facility is a sole proprietor, | | | 11| b. the name and Social Security number of each general | | | 12| partner who is an individual, if the facility is a | | | 13| partnership, | | | 14| c. the name and Social Security number of any individual | | | 15| who has an ownership interest of more than twenty-five | | | 16| percent (25%) in the corporation, if the facility is a | | | 17| corporation, and | | | 18| d. the names and license numbers of any physicians | | | 19| licensed by the State Board of Medical Licensure and | | | 20| Supervision or the State Board of Osteopathic | | | 21| Examiners who have a financial interest in the | | | 22| facility or any entity which has an ownership interest | | | 23| in the facility; | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 9 ___________________________________________________________________________
1| 13. Transfer protocols for patients requiring advanced medical | | | 2|care at a hospital and who require emergency medical treatment | | | 3|extending past the twenty-four-hour maximum stay period; | | | 4| 14. Proper air transportation accommodations; and | | | 5| 15. Any other aspect of the operation of a facility that the | | | 6|Commissioner considers necessary to protect the facility's patients | | | 7|and the public. | | | 8| B. In adopting the rules required under subsection A of this | | | 9|section concerning transfer protocols, the Commissioner shall | | | 10|consult with physicians who provide emergency care and medical | | | 11|consultant organizations. | | | 12| SECTION 10. NEW LAW A new section of law to be codified | | | 13|in the Oklahoma Statutes as Section 2676 of Title 63, unless there | | | 14|is created a duplication in numbering, reads as follows: | | | 15| A. A facility shall provide to each facility emergency patient, | | | 16|without regard to the individual's ability to pay, an appropriate | | | 17|medical screening, examination, and stabilization within the | | | 18|facility's capability, including ancillary services routinely | | | 19|available to the facility, to determine whether an emergency medical | | | 20|condition exists and to determine any necessary stabilizing | | | 21|treatment. | | | 22| B. Each facility shall meet those standards set forth by | | | 23|Section 1395dd of 42 U.S.C. of the Emergency Medical Treatment and | | | 24|Labor Act. | | | arsid13251694 ENGR. H. B. NO. 1630 Page 10 ___________________________________________________________________________
1| C. Before a facility accepts any patient for treatment or | | | 2|diagnosis, the facility shall enter into a referral, transmission, | | | 3|or admission agreement with a hospital licensed in this state. | | | 4| D. An insurer or third-party administrator shall be prohibited | | | 5|from reimbursing a facility licensed under this act on a discounted | | | 6|fee basis for covered services that are provided to an insured | | | 7|unless: | | | 8| 1. The insurer or third-party administrator has contracted with | | | 9|either: | | | 10| a. the physician or other practitioner, institutional | | | 11| provider, or organization of physicians and health | | | 12| care providers, or | | | 13| b. the health maintenance organization, exclusive | | | 14| provider organization, or preferred provider | | | 15| organization that has a network of preferred providers | | | 16| and that has contracted with the physician or other | | | 17| practitioner, institutional provider, or organization | | | 18| of physicians and health care providers; | | | 19| 2. The physician or other practitioner, institutional provider, | | | 20|or organization of physicians and health care providers has agreed | | | 21|to the contract and to provide health care services under the terms | | | 22|of the contract; and | | | 23| | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 11 ___________________________________________________________________________
1| 3. The insurer or third-party administrator has agreed to | | | 2|provide coverage for those health care services under the health | | | 3|insurance policy. | | | 4| SECTION 11. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 2677 of Title 63, unless there | | | 6|is created a duplication in numbering, reads as follows: | | | 7| A person may file a complaint with the State Department of | | | 8|Health against a facility licensed under this act. | | | 9| SECTION 12. NEW LAW A new section of law to be codified | | | 10|in the Oklahoma Statutes as Section 2678 of Title 63, unless there | | | 11|is created a duplication in numbering, reads as follows: | | | 12| A. The State Department of Health may deny, suspend, or revoke | | | 13|a license for a violation of this act or a rule adopted under this | | | 14|act. | | | 15| B. If the Department finds that a facility is in repeated | | | 16|noncompliance with this act or rules adopted under this act but the | | | 17|noncompliance does not endanger public health and safety, the | | | 18|Department may schedule the facility for probation rather than | | | 19|suspending or revoking the facility's license. The Department shall | | | 20|provide notice to the facility of the probation and of the items of | | | 21|noncompliance not later than the tenth day before the date the | | | 22|probation period begins. The Department shall designate a period of | | | 23|not less than thirty (30) calendar days during which the facility | | | 24|remains under probation. During the probation period, the facility | | | arsid13251694 ENGR. H. B. NO. 1630 Page 12 ___________________________________________________________________________
1|must correct the items that were in noncompliance and report the | | | 2|corrections to the Department for approval. | | | 3| C. The Department may suspend or revoke the license of a | | | 4|facility that does not correct items that were in noncompliance or | | | 5|that does not comply with this act or the rules adopted under this | | | 6|act within the applicable probation period. | | | 7| SECTION 13. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 2679 of Title 63, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. The State Department of Health may issue an emergency order | | | 11|to suspend a license issued under this act if the Department has | | | 12|reasonable cause to believe that the conduct of a license holder | | | 13|creates an immediate danger to the public health or safety. | | | 14| B. An emergency suspension under this section is effective | | | 15|immediately without a hearing or notice to the license holder. | | | 16| C. On written request of the license holder, the Department | | | 17|shall conduct a hearing not earlier than the tenth day or later than | | | 18|the thirtieth day after the date the hearing request is received to | | | 19|determine if the emergency suspension is to be continued, modified, | | | 20|or rescinded. | | | 21| D. A hearing and any appeal under this section are governed by | | | 22|the Department's rules. | | | 23| | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 13 ___________________________________________________________________________
1| SECTION 14. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 2680 of Title 63, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A. The State Department of Health may petition a district court | | | 5|for a temporary restraining order to restrain a continuing violation | | | 6|of the standards or licensing requirements provided under this act | | | 7|if the Department finds that the violation creates an immediate | | | 8|threat to the health or safety of the patients of a facility. | | | 9| B. A district court, on petition of the Department and on a | | | 10|finding by the court that a person is violating the standards or | | | 11|licensing requirements provided under this act, may by injunction: | | | 12| 1. Prohibit a person from continuing a violation of the | | | 13|standards or licensing requirements provided under this act; | | | 14| 2. Restrain or prevent the establishment or operation of a | | | 15|facility without a license issued under this act; or | | | 16| 3. Grant any other injunctive relief warranted by the facts. | | | 17| C. The Attorney General shall institute and conduct a suit | | | 18|authorized by this section at the request of the Department. | | | 19| D. Venue for a suit brought under this section is in the county | | | 20|in which the facility is located or in Oklahoma County. | | | 21| SECTION 15. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 2681 of Title 63, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 14 ___________________________________________________________________________
1| A. The State Department of Health may impose an administrative | | | 2|penalty on a person licensed under this act who violates this act or | | | 3|a rule or order adopted under this act. A penalty collected under | | | 4|this section or Section 16 of this act shall be deposited in the | | | 5|State Treasury in the General Revenue Fund. | | | 6| B. A proceeding to impose the penalty is considered to be a | | | 7|contested case. | | | 8| C. The amount of the penalty may not exceed One Thousand | | | 9|Dollars ($1,000.00) for each violation, and each day a violation | | | 10|continues or occurs is a separate violation for purposes of imposing | | | 11|a penalty. The total amount of the penalty assessed for a violation | | | 12|continuing or occurring on separate days under this subsection may | | | 13|not exceed Five Thousand Dollars ($5,000.00). | | | 14| D. The amount shall be based on: | | | 15| 1. The seriousness of the violation, including the nature, | | | 16|circumstances, extent, and gravity of the violation; | | | 17| 2. The threat to health or safety caused by the violation; | | | 18| 3. The history of previous violations; | | | 19| 4. The amount necessary to deter a future violation; | | | 20| 5. Whether the violator demonstrated good faith, including when | | | 21|applicable whether the violator made good-faith efforts to correct | | | 22|the violation; and | | | 23| 6. Any other matter that the Department may require. | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 15 ___________________________________________________________________________
1| E. If the Department initially determines that a violation | | | 2|occurred, the Department shall give written notice of the report by | | | 3|certified mail to the person. | | | 4| F. The notice under subsection E of this section shall: | | | 5| 1. Include a brief summary of the alleged violation; | | | 6| 2. State the amount of the recommended penalty; and | | | 7| 3. Inform the person of the person's right to a hearing on the | | | 8|occurrence of the violation, the amount of the penalty, or both. | | | 9| G. Within twenty (20) calendar days after the date the person | | | 10|receives the notice under subsection E of this section, the person | | | 11|in writing may: | | | 12| 1. Accept the determination and recommended penalty of the | | | 13|Department; or | | | 14| 2. Make a request for a hearing on the occurrence of the | | | 15|violation, the amount of the penalty, or both. | | | 16| H. If the person accepts the determination and recommended | | | 17|penalty or if the person fails to respond to the notice, the | | | 18|Oklahoma Commissioner of Health by order shall approve the | | | 19|determination and impose the recommended penalty. | | | 20| I. The notice of the order shall include a statement of the | | | 21|right of the person to a judicial review of the order. | | | 22| SECTION 16. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 2682 of Title 63, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | arsid13251694 ENGR. H. B. NO. 1630 Page 16 ___________________________________________________________________________
1| A. Within thirty (30) calendar days after the date an order of | | | 2|the Oklahoma Commissioner of Health that imposes an administrative | | | 3|penalty becomes final, the person shall: | | | 4| 1. Pay the penalty; or | | | 5| 2. File a petition for judicial review of the Commissioner's | | | 6|order contesting the occurrence of the violation, the amount of the | | | 7|penalty, or both. | | | 8| B. Within the thirty-day period prescribed by subsection A of | | | 9|this section, a person who files a petition for judicial review may: | | | 10| 1. Stay enforcement of the penalty by: | | | 11| a. paying the penalty to the court for placement in an | | | 12| escrow account, or | | | 13| b. giving the court a supersedeas bond approved by the | | | 14| court that: | | | 15| (1) is for the amount of the penalty, and | | | 16| (2) is effective until all judicial review of the | | | 17| Commissioner's order is final; | | | 18| 2. Request the court to stay enforcement of the penalty by | | | 19|filing with the court a sworn affidavit of the person stating that | | | 20|the person is financially unable to pay the penalty and is | | | 21|financially unable to give the supersedeas bond and by sending a | | | 22|copy of the affidavit to the Commissioner by certified mail. | | | 23| C. If the Commissioner receives a copy of an affidavit under | | | 24|subsection B of this section, the Commissioner may file with the | | | arsid13251694 ENGR. H. B. NO. 1630 Page 17 ___________________________________________________________________________
1|court, within five (5) calendar days after the date the copy is | | | 2|received, a contest to the affidavit. The court shall hold a | | | 3|hearing on the facts alleged in the affidavit as soon as practicable | | | 4|and shall stay the enforcement of the penalty on finding that the | | | 5|alleged facts are true. The person who files an affidavit has the | | | 6|burden of proving that the person is financially unable to pay the | | | 7|penalty or to give a supersedeas bond. | | | 8| D. If the person does not pay the penalty and the enforcement | | | 9|of the penalty is not stayed, the penalty may be collected. The | | | 10|Attorney General may sue to collect the penalty. | | | 11| E. If the court sustains the finding that a violation occurred, | | | 12|the court may uphold or reduce the amount of the penalty and order | | | 13|the person to pay the full or reduced amount of the penalty. | | | 14| F. If the court does not sustain the finding that a violation | | | 15|occurred, the court shall order that a penalty is not owed. | | | 16| G. If the person paid the penalty and if the amount of the | | | 17|penalty is reduced or the penalty is not upheld by the court, the | | | 18|court shall order, when the court's judgment becomes final, that the | | | 19|appropriate amount plus accrued interest be remitted to the person | | | 20|within thirty (30) calendar days after the date that the judgment of | | | 21|the court becomes final. The interest accrues at the rate charged | | | 22|on loans to depository institutions by the Federal Reserve Bank of | | | 23|New York. The interest shall be paid for the period beginning on | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 18 ___________________________________________________________________________
1|the date the penalty is paid and ending on the date the penalty is | | | 2|remitted. | | | 3| H. If the person gave a supersedeas bond and the penalty is not | | | 4|upheld by the court, the court shall order, when the court's | | | 5|judgment becomes final, the release of the bond. If the person gave | | | 6|a supersedeas bond and the amount of the penalty is reduced, the | | | 7|court shall order the release of the bond after the person pays the | | | 8|reduced amount. | | | 9| SECTION 17. NEW LAW A new section of law to be codified | | | 10|in the Oklahoma Statutes as Section 2683 of Title 63, unless there | | | 11|is created a duplication in numbering, reads as follows: | | | 12| There is hereby created in the State Treasury a revolving fund | | | 13|for the State Department of Health to be designated the "Short-term | | | 14|Emergency and Nonemergency Hybrid Medical Facility Licensing Fund". | | | 15|The fund shall be a continuing fund, not subject to fiscal year | | | 16|limitations, and shall consist of all monies received by the State | | | 17|Department of Health from short-term emergency and nonemergency | | | 18|hybrid medical facilities. All monies accruing to the credit of the | | | 19|fund are hereby appropriated and may be budgeted and expended by the | | | 20|State Department of Health for the purpose of administering and | | | 21|enforcing licensing provisions for short-term emergency and | | | 22|nonemergency hybrid medical facilities. Expenditures from the fund | | | 23|shall be made upon warrants issued by the State Treasurer against | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 19 ___________________________________________________________________________
1|claims filed as prescribed by law with the Director of the Office of | | | 2|Management and Enterprise Services for approval and payment. | | | 3| SECTION 18. This act shall become effective November 1, 2025. | | | 4| Passed the House of Representatives the 25th day of March, 2025. | | | 5| | | | 6| | | Presiding Officer of the House | 7| of Representatives | | | 8| | | Passed the Senate the ___ day of __________, 2025. | 9| | | | 10| | | | 11| Presiding Officer of the Senate | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid13251694 ENGR. H. B. NO. 1630 Page 20