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the competitors sought to have the planning authority revoke the
certificate of need because Adult Living Centers failed to begin
construction within 2 months of the construction plan approval.
The planning authority initially revoked the certificate of need
but reinstated the certificate on June 23, 1983. The competing
operators immediately challenged the planning authority's
reinstatement of the certificate. Although Adult Living Centers
ultimately prevailed in the litigation, the lawsuit absorbed some
of the resources available for the Van Orden project and created
uncertainty as to the project's eventual completion.
The State Federal loan enabled Adult Living Centers to
complete construction of the Van Orden project by September 15,
1983. Adult Living Centers filed an Application for License to
Conduct a Skilled Nursing Home Intermediate Care Facility or Rest
Home/Personal Care Facility (license application), dated
September 12, 1983, with the Oklahoma State Department of Health.
The Oklahoma State Department of Health issued Adult Living
Centers a 4-month probationary license to operate the Van Orden
facility effective September 15, 1983. Charles Wetz was named as
the administrator on the license application. Attached to the
application was a certificate (licensed physician certificate)
signed by petitioner that stated:
I, William J. Fleischaker, MD, a duly licensed
physician in the State of Oklahoma, agree to be called
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