Conning the Competition

Oklahoma requires CONs within four broad categories—hospital beds, beds outside hospitals, facilities and services. The state’s 27 CON laws apply only to long-term care and psychiatric or chemical dependency beds and facilities. The Oklahoma Department of Health reviews applications and applies different fees and timing schemes depending on whether applications are related to long-term care or psychiatric and chemical dependency care.

COVID-19 Response

On April 8, 2020, Governor Stitt issued an Executive order that suspended CON requirements for adding long-term care and psychiatric or chemical dependency beds for the duration of the state of emergency. Exec. Order 2020-13 at 4–5 (Apr. 11, 2020).

Application Process

In Oklahoma, the Department accepts CON applications at any time. Once an application is deemed complete, the Department must issue a decision within 45 days after the deadline for evidence and argument, except for applications for the acquisition of a psychiatric or chemical dependency facility, which must be decided within 15 days. Okla. Admin. Code § 310:4-1-5(7). The maximum fee for a long-term care facility CON application is $1,000 for the replacement of an existing facility and $5,000 for the acquisition of a facility. Okla. Stat. tit. 63, § 1-852(J). For psychiatric or chemical dependency CON applications, the fee is 0.75% of the capital cost of the project, with a minimum of $1,500 and a maximum of $10,000. Okla. Admin. Code § 310:4-1-5(3). Competitors can intervene in the application process by offering evidence or argument as to why an application should be denied, requesting a reconsideration hearing and appealing the final decision on an application in court. Okla. Stat. tit. 63, §§ 1-854.1, 1-880.8; Okla. Admin. Code §§ 310:4-1-5(6), 310:4-1-8.