3304:1-21-10 Operator corrective action.

(A) BE shall inform an operator in writing when there is evidence that demonstrates a pattern an operator is managing a facility in violation of the provisions of Chapter 3304:1-21 of the Administrative Code with exception of paragraph (A)(1), (A)(2), (A)(3), or (A)(4) of rule 3304:1-21-04 of the Administrative Code.

(1) The operator shall, within thirty days of being so informed, submit to BE a detailed written plan of corrective action. BE shall offer assistance and the area OVRC representative may assist the operator in preparing a plan of corrective action. The BE designee will review and issue a determination within ten working days of the due date as to whether the plan is acceptable.

(2) An operator, who does submit an approved plan of corrective action shall have one hundred twenty days from the date on which the plan was approved to correct the noted deficiencies. Failure to correct the noted deficiencies shall result in the termination of the BOA for that facility on the one hundred twenty-first day. Plans of corrective action shall terminate upon the correction of all noted deficiencies, or the expiration of one hundred twenty days after the plan of corrective action is approved, whichever first occurs. If the corrective action plan is a result of a record review finding, the operator may be subject to additional record reviews for up to one year after the issue was cured.

(3) An operator who does not submit a plan of corrective action or whose plan is not approved, shall have sixty days from the date on which the plan was due to correct all noted deficiencies. Failure to correct the noted deficiencies shall result in the termination of the operator's BOA for that facility on the sixty-first day.

(B) BE shall inform an operator in writing when there is evidence that demonstrates an operator is managing a facility in violation of the provisions of paragraph (A)(1), (A)(2), (A)(3), or (A)(4) of rule 3304:1-21-04 of the Administrative Code.

(1) The operator shall within thirty calendar days of being so informed submit to BE a detailed written plan of corrective action. BE shall offer assistance and the area OVRC representative may assist the operator in preparing a plan of corrective action. The BE designee will review and issue a determination within ten working days of the due date as to whether the plan is acceptable.

(2) An operator who does submit an approved plan of corrective action shall have one hundred twenty days from the date on which the plan was approved to successfully complete the corrective action plan. When completing the corrective action plan if a qualified applicant who meets the preferences of paragraph (A)(3) or (A)(4) of rule 3304:1-21-04 of the Administrative Code is identified the operator shall hire that individual. Plans of corrective action shall terminate upon the correction of all noted deficiencies, or the expiration of one hundred twenty days after the plan of corrective action is approved, whichever first occurs. Failure to fully demonstrate actions to correct the noted deficiencies shall result in the termination of the BOA for that facility on the one hundred twenty-first day.

(3) An operator, who does not submit a plan of corrective action or whose plan is not approved, shall have sixty days from the date on which the plan was due to correct all noted deficiencies. Failure to correct the noted deficiencies shall result in the termination of the operator's BOA for that facility on the sixty-first day.

(C) BE shall actively participate with the local selection panel in the implementation, monitoring, and assessment of a corrective action plan:

(1) Prior to an operator being notified of placement on a corrective action plan;

(2) As a resource in the development of the plan of corrective action;

(3) Providing updates on plan progress;

(4) Determining if the plan of corrective action has been satisfied by majority vote of the selection panel. If a member of the selection panel has a personal interest or conflict of interest in relation to the operator or facility that person shall voluntarily withdraw from the selection panel.

(D) Nothing in this rule modifies rule 3304:1-21-09 of the Administrative Code regarding the immediate temporary suspension of the BOA and loss of a facility as defined in said rule.

Replaces: 3304:1-21-10

Effective: 01/01/2010
R.C. 119.032 review dates: 11/19/2014
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.28 , 3304.34
Prior Effective Dates: 3/21/79, 1/12/90, 10/4/99, 10/1/06