109:1-1-01 Construction and purpose of rules; severability; definitions.

(A) R ules 109:1-1-01 to 109:1-1-10 of the Administrative Code are adopted by the office of the attorney general pursuant to section 109.27 of the Revised Code and Chapter 119. of the Revised Code.

(B) This chapter are necessary to administer sections 109.23 to 109.33 of the Revised Code to:

(1) Ensure that fiduciaries managing charitable trusts are maintaining the charitable purposes of said trusts;

(2) Ensure that fiduciaries of charitable trusts as defined in section 109.23 of the Revised Code comply with their fiduciary obligations;

(3) Facilitate investigations by the office of the attorney general as authorized by section 109.24 of the Revised Code; and

(4) Implement the registration and reporting requirements and purposes of sections 109.26 and 109.31 of the Revised Code.

(C) Each rule and every part of each rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.

(D) Definitions. As used in this chapter:

(1) The term "annual federal return" means a return as defined in subsection 6103(b)(1), Internal Revenue Code, required to be filed with the internal revenue service on an annual basis.

(2) The term "charitable healthcare organization" includes any health care facility, health insurer, health maintenance organization, health sharing organization, hospital and nursing home that is a charitable trust as defined in section 109.23 of the Revised Code.

(3) The term "charitable organization" means a charitable trust that is also a nonprofit corporation or association formed under the laws of this state or another state.

(4) The term "health care facility" includes any residential facility for mentally ill persons as defined under section 5119.22 of the Revised Code, residential facility as defined in section 5123.19 of the Revised Code, community alternative home as defined in section 3724.01 of the Revised Code, adult care facility as defined in section 3722.01 of the Revised Code, alcohol or drug addiction program as defined in section 3793.01 of the Revised Code, facility licensed to provide methadone treatment under section 3793.11 of the Revised Code, facility providing services under contract with the department of mental retardation and developmental disabilities under section 5123.18 of the Revised Code and hospice care program licensed under section 3712.04 of the Revised Code that is used exclusively for care of hospice patients.

(5) The term "health insurer" means any charitable organization that is authorized to transact business in this state under Title 39 of the Revised Code, that is in the business of providing sickness and accident insurance.

(6) The term "health maintenance organization," which may be abbreviated to "HMO," means any charitable organization that is classified as a health maintenance organization pursuant to section 3701.07 , 3724.12 or 3727.01 of the Revised Code.

(7) The term "health sharing organization" means any charitable organization that is in the business of facilitating the sharing of health care costs between members or subscribers of the organization.

(8) The term "hospital" means any charitable organization that is classified as a hospital pursuant to section 3701.07 of the Revised Code and included as a hospital in the definition set forth in section 3727.01 of the Revised Code.

(9) The term "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended, and the regulations thereunder.

(10) The term "nursing home" means any charitable organization that is licensed under Chapter 3721. of the Revised Code.

(11) The term "property" means anything of value, whether real or personal, tangible or intangible, and includes but is not limited to securities, notes, receipts, drafts, checks, bonds, money, and rights in action.

R.C. 119.032 review dates: 11/21/2011 and 11/20/2016
Promulgated Under: 119.03
Statutory Authority: 109.27
Rule Amplifies: 109.23
Prior Effective Dates: 11/27/2006