3304:1-21-10 Operator performance improvement.

(A) 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, BE shall place the operator on a performance improvement plan.

(1) The performance improvement plan shall be provided to the operator in writing and in an accessible format in accordance with paragraph (B) of rule 3304:1-21-11 of the Administrative Code.

(2) The performance improvement plan shall state the violation(s) to be cured and the time frame to cure the violations.

(3) If the operator does not cure the violation(s) within the stated time frame the BSVI director shall terminate the operator's BOA. Upon request of the operator, and for good cause shown, the BSVI director may extend the time for the violations to be cured.

(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 performance improvement plan . BE shall offer assistance and the area OVRC representative may assist the operator in preparing a performance improvement plan . 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 performance improvement plan shall have one hundred twenty days from the date on which the plan was approved to successfully complete the performance improvement plan. When completing the performance improvement 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. Performance improvement plans shall terminate upon the correction of all noted deficiencies, or the expiration of one hundred twenty days after the performance improvement plan 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 performance improvement plan 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 performance improvement plan:

(1) Prior to an operator being notified of placement on a performance improvement plan;

(2) As a resource in the development of the performance improvement plan ;

(3) Providing updates on plan progress;

(4) Determining if the performance improvement plan 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- 06 of the Administrative Code regarding the immediate temporary suspension of the BOA and loss of a facility as defined in said rule.

Effective: 1/1/2016
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.29
Prior Effective Dates: 3/21/79, 1/12/90, 10/4/99, 10/1/06, 1/1/10