Medical Facilities Regulatory Issues

State & Medicare Surveys

The Oklahoma State Department of Health Medical Facilities Division is authorized by the Centers for Medicare & Medicaid Services (CMS) to survey hospitals for compliance with Medicare Conditions of Participation and Coverage. OSDH contracts with CMS to conduct administrative and inspection activities related to certification for participation in the federal Medicare program. The Oklahoma Hospital Association works closely with OSDH to ensure a clear understanding of the survey process and to equip members with resources.

Facility Design & Construction

OSDH proposed Facility Design and Construction Rules

The Oklahoma State Department of Health (OSDH) will be proposing updated rules in the next legislative session regarding the design and construction review process. The proposed changes are a result of the work of a process improvement team that has been meeting for the past year. The team consists of representatives from hospitals, health care architectural and law firms, OHA and the health department.

The proposal amends physical plant requirements in chapter 667, subchapter 41, by updating references to the Facility Guidelines Institute (FGI): Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 Edition, and the Life Safety Code adopted by the Centers for Medicare & Medicaid Services on July 5, 2016. Added are criteria and a process for hospitals to request exceptions and temporary waivers of the requirements for design or construction techniques that represent innovations or improvements.

There are also proposals to update subchapter 47 by revising the requirements for stage one, stage two, and special construction plan submittals, and by giving hospitals the option to move directly to the stage two plan submittal. While the submission of a functional program will still be required, documentation of the hospital governing body’s approval of the functional program shall be sufficient to meet the requirement relating to OSDH approval of the functional program.

The proposal sets fees for related services, including review of temporary waivers and applications for self-certification. The proposal establishes a process to ensure timely review of design and construction documents. The proposal establishes requirements and a process for hospitals to self-certify compliance of their plans for certain types of projects.

Hospitals are encouraged to review the proposed rules. To view the comment packet, click here.