William J. Fleischaker and Donni L. Fleischaker - Page 6

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               Petitioner viewed the Van Orden facility as a prototype for             
          developing other multifunctional care facilities in the United               
          States.  His goal was to own similar facilities throughout the               
          country, possibly through a nationwide chain.  Petitioner                    
          intended to establish similar facilities in other States using               
          different corporations that would be kept under his control.                 
               While working as an emergency room physician during his 2-              
          year leave of absence from the residency program, petitioner                 
          worked with architects, visited other senior service facilities,             
          and participated in applying for the certificate of need.                    
          Petitioner also located land for the site of the proposed                    
          facility, negotiated the purchase, and financed the purchase of              
          the land.4                                                                   
               Oklahoma required a proposed operator of a new nursing home             
          facility to obtain a certificate of need from the Oklahoma Health            
          Planning Authority (the planning authority).  A certificate of               
          need was required to ensure that there was a need for the                    
          facility in the local service area and to ensure that the                    
          proposed owner had adequate financial backing and experience to              
          operate the facility successfully.  Upon completion of the                   
          facility, the operator also needed to obtain a license from the              
          Oklahoma State Department of Health.                                         

               4Petitioner was later repaid the purchase price of the land.            

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