Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Jeromy Buchanan, Director
Community Living, Aging and Protective Services
Date: September 8, 2025
Re: CHAPTER 105. AGING SERVICES
Subchapter 11. State Long-Term Care Ombudsman Program
Part 37. State Long-Term Care Ombudsman Program
340:105-11-249 [REVOKED]
(Reference WF 25-07)
Contact: Miranda Kieffer, Programs Administrator, 405-209-7054
A. Brief description of the purpose of the proposed rule:
(i) Purpose. The proposed revocation of Section 249 of Subchapter 11 Chapter 105 is necessary as authority for the State Long-Term Care Ombudsman program transferred to the Office of the Attorney General (OAG) effective November 2024 per Senate Bill (SB) 1709 of the 2024 Regular Session.
(I) Rule classification. The proposed revocation is classified as a non-major rule and will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in or implementation of a federally subsidized or assisted program. Per SB 1709, all administrative rules promulgated by the Director of Human Services for the Office of the State Long-Term Care Ombudsman transferred to the administrative rules of the OAG.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law. Proposed revocation does not exceed requirements of federal law.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule. Federal authority under the Older Americans Act continues to govern the State Long-Term Care Ombudsman program. Revoking this section of Title 340 aligns with SB 1709 that moves the program from Oklahoma Human Services (OKDHS) to the OAG.
(ii) Strategic Plan Impact.
The proposed revocation achieves CAP goals by strengthening partnerships to improve the independence and well-being of older adults. Revoking this section clarifies rules are under OAG authority.
(iii) Substantive changes.
Subchapter 11. State Long-Term Care Ombudsman Program
Part 37. State Long-Term Care Ombudsman Program
Oklahoma Administrative Code (OAC) 340:105-11-249 is revoked as these rules have moved to the OAG.
(iv) Reasons.
CAP seeks emergency rulemaking approval to align with SB 1709 and the otherwise complete transfer of rules from Oklahoma Human Services.
(v) Repercussions.
If the proposed revocation is not implemented OKDHS rules will conflict with state law and create confusion regarding conflicts between OKDHS and OAG rules related to the State Long-Term Care Ombudsman program.
(vi) Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (56 O.S. § 162); and Section 1-2213.1 of Title 63 (63 O.S. §1-2213.1).
(vii) Emergency rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed revocation is classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: Administrative rules transferred to the OAG and are available under Title 75 of the Oklahoma Administrative Code. There is no economic impact or fees associated with the revocation of this section.
D. A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed revocation are facility residents and long-term care ombudsman service providers. The affected classes of persons will bear no costs associated with implementation of the rule. Budget impact is not anticipated for this revocation.
E. A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit from the proposed revocation are facility residents and long-term care ombudsman service providers.
F. A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The proposed revocation does not have an economic impact on the affected entities. There are no fee changes associated with the revised rule.
G. A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed revocation does not have an economic impact on any political subdivision nor require the cooperation of any political subdivisions to implement or enforce the rule.
H. A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: The proposed revocation places no additional burden not already imposed by federal or state law and regulations. There are no additional, anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: The proposed revocation does not place associated costs on nor impact economic development in this state, local government units, nor individuals.
J. A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed revocation will remove outdated OKDHS rules in compliance with 63 O.S. §1-2213.1. OKDHS does not anticipate the proposed revocation to significantly reduce any other public health, safety, or environmental risks.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed revocation is not implemented the public health, safety, and environment will not be negatively affected.
L. An analysis of alternatives to adopting the rule: There are no alternatives to adopting the proposed revocation. Adopting the rules are necessary to remove rules in Title 340 that are currently reflected in Title 75 in accordance with proper authority.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: No time is required to implement when these rules are revoked.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared September 8, 2025.
