173-14-18 Referrals of complaints to other agencies.

(A) All referrals made by representatives of the office shall contain the pertinent facts known to the representative and shall be subject to the confidentiality and consent requirements set forth in rule 173-14-16 of the Administrative Code. Any confidential information transmitted in a written document shall be marked as confidential.

(B)

(1) Representatives of the office may report any violation of provider licensing laws or standards, or medicare/medicaid certification laws or standards, discovered during the course of complaint-handling to the department of health.

(2) Representatives of the office may report any violations of professional licensing laws or standards discovered during the course of complaint handling to the appropriate professional board or organization.

(3) Representatives of the office may report any violation of the provider agreement, medicaid discrimination laws, nursing home waiting list requirements, personal needs allowance laws, medicaid covered services provisions, or facility transfer plans discovered during the course of complaint handling to the department of job and family services.

(4) Representatives of the office may report any violations of laws or standards whose investigation or enforcement is under the jurisdiction of a federal, state, or local public agency, to the appropriate agencies.

(5) Representatives of the office shall report any suspected criminal violation discovered during the course of complaint handling to the appropriate law enforcement agency.

(C) Any public agency that receives a referral from a representative of the office shall acknowledge receipt of the referral within thirty days from the date on which the agency received the referral and, except as otherwise provided by law, shall notify the representative of the results of its investigation within thirty days from the date on which the agency completes its investigation.

Five Year Review (FYR) Dates: 05/01/2015 and 05/01/2020
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.19, 173.20 ; Sections 305(a)(1)(C) and 712(a)(5)(D) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2014 edition).
Rule Amplifies: 173.19, 173.20 ; Section 712 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006.
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006