Chapter 3701-16 Community Alternative Homes

As used in Chapter 3701. of the Administrative Code:

(A) “Accommodations” means housing, meal preparation, laundry, housekeeping, transportation, social or recreational activities, maintenance, security, and similar services that are not skilled nursing care or personal assistance.

(B) “HIV” means the human immunodeficiency virus identified as the causative agent of AIDS.

(C) “HIV test” means any test for the antibody or antigen to HIV that has been approved by the director of health under division (B) of section 3701.241 of the Revised Code.

(D) “AIDS” means the illness designated as acquired immunodeficiency syndrome.

(E) “AIDS-related condition” means symptoms of illness related to HIV infection, including aids-related complex, that are confirmed by a positive HIV test.

(F) “Caregiver” means an individual employed by or under contract with the operator or residence manager to give supervision and direct care to the residents of a community alternative home.

(G) “Complex therapeutic diets” means calculated food regimens including, but not limited to, the following:

(1) Diabetic and other food regimens requiring a daily specific kilocalorie level.

(2) Renal food regimens;

(3) Dysphagia food regimens excluding simple textural modifications;

(4) Any other food regimens requiring a daily maximum or minimum level of one or more specific nutrients, or a specific distribution of one or more nutrients;

(5) Tube feedings; and

(6) Parenteral nutrition.

(H) “Community alternative home” means a residence or home that provides accommodations, personal assistance, and supervision for three to five unrelated individuals who have AIDS or an AIDS-related condition. Community alternative home does not include:

(1) A home licensed as a nursing home, residential care facility, or home for the aging under Chapter 3721. of the Revised Code;

(2) An adult foster care facility as defined in section 5103.31 of the Revised Code;

(3) An institution for children as defined in section 5103.03 of the Revised Code;

(4) A hospice care program as defined in section 3712.01 of the Revised Code;

(5) An adult care facility as defined in section 3722.01 of the Revised Code;

(I) “Dentist” means a person licensed under Chapter 4715. of the Revised Code.

(J) “Department” means the department of health.

(K) “Director” means the director of health or any official or employee of the department designated by the director of health.

(L) “Home health agency” means an agency certified as a provider of home health services under Title XVIII of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.

(M) “Living area” means a living room, family room, guest room, den, glass-enclosed porch, or any other family living area, including the dining area when not being used for the serving of meals. Living area does not mean a bedroom.

(N) “Local health department” means the board of health, or entity having the duties of the board of health as authorized by section 3709.05 of the Revised Code, for the health district that has jurisdiction over the location of the community alternative home.

(O) “Operator” means the person responsible for the overall operation of a community alternative home.

(P) “Personal assistance” means services including but not limited to, the following:

(1) Assisting residents with self-administration of medication, in accordance with paragraph (D) of rule 3701-16-16 of the Administrative Code;

(2) Preparing special diets, other than complex therapeutic diets, for residents pursuant to the instructions of a physician or a licensed dietitian, in accordance with rules adopted under Chapter 3724. of the Revised Code.

“Personal assistance” does not include “skilled nursing care” as defined in paragraph (U) of this rule.

(Q) “Physician” means a person licensed under Chapter 4731. of the Revised Code to practice medicine or surgery or osteopathic medicine and surgery.

(R) “Registered nurse” means a registered nurse licensed under Chapter 4723. of the Revised Code.

(S) “Residence manager” means the person responsible for the day-to-day operation of a community alternative home. The residence manager and the operator may be the same person.

(T) “Residents rights advocate” means:

(1) An employee or representative of any entity of state or local government that has a responsibility for residents of a community alternative home and has registered with the department under section 3701.07 of the Revised Code; or

(2) An employee or representative, other than an operator or employee of a community alternative home or nursing home, of any private nonprofit corporation or association that qualifies for tax-exempt status under section 501(A) of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 501, as amended, that has registered with the department under section 3701.07 of the Revised Code, and whose purposes include educating and counseling residents, helping residents in resolving problems and complaints concerning their care and treatment, and assisting them in securing adequate services.

(U) “Skilled nursing care” means procedures that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the physical, mental, and emotional needs of the ill or otherwise incapacitated. “Skilled nursing care” includes, but is not limited to the following:

(1) Irrigations, catheterizations, application of dressings, and supervision of special diets;

(2) Objective observation of changes in the patient’s condition as a means of analyzing and determining the nursing care required and the need for further medical diagnosis and treatment;

(3) Special procedures contributing to rehabilitation;

(4) Administration of medication by any method ordered by a physician, such as hypodermically, rectally, or orally, including observation of the patient after receipt of the medication;

(5) Carrying out other treatments prescribed by the physician that involve a similar level of complexity and skill in administration.

Nothing in this paragraph shall be construed to permit skilled nursing care to be imposed upon an individual who does not require skilled nursing care.

(V) “Sponsor” means an adult relative, friend, or guardian of a resident of a community alternative home who has an interest in or responsibility for the resident’s welfare.

(W) “Supervision” means any of the following:

(1) Assisting residents with activities of daily living as by reminding them to engage in personal hygiene and other self-care activities and, when necessary, observing or assisting while they attend to those activities;

(2) Reminding residents of appointments and being aware of a resident’s general whereabouts when he or she is away from the home.

(X) “Unrelated” means that a resident is not related to the operator or residence manager of a community alternative home or to his spouse as a parent, grandparent, child, stepchild, grandchild, brother, sister, niece, nephew, aunt, or uncle or as the child of an aunt or uncle.

(Y) “Volunteer” means an individual, used by a community alternative home, who receives no compensation for the work he does in a home or for residents of the home. Volunteer does not include an individual who provides uncompensated services under an agreement with the resident to which the home is not a party.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05

Rule Amplifies: 3742.01

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) No person and no agency of state or local government shall operate a community alternative home without a license issued by the director under Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code.

(B) No person and no agency of state or local government shall interfere with an authorized inspection or investigation of a community alternative home by the director or his agent as required by Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code. As used in this paragraph, “to interfere” means to obstruct directly or indirectly any individual conducting an authorized inspection or investigation from carrying out his or her prescribed duties. Interference includes but is not limited to harassment, intimidation, or refusal to permit access to the home’s records or residents.

(C) No person or agency of state or local government shall violate any of the provisions of Chapter 3724. of the Revised Code or any of the rules of Chapter 3701-16 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A)

Rule Amplifies: 3742.02(A), 3742.03(A)(1)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) Application for a license to operate a community alternative home shall be made by the operator to the director on a form prescribed and provided by the director, which shall include the following items:

(1) A statement of ownership containing the following information:

(a) If the operator is an individual, his or her name, address, telephone number, business address, business telephone number, and occupation. If the operator is an association, corporation, or partnership, the business activity, address, and telephone number of the entity and the name of every person who has an ownership interest of five per cent or more in the entity;

(b) If the operator does not own the building or if he or she owns only part of the building in which the community alternative home is housed, the name of each person who has an ownership interest of five per cent or more in the building;

(c) The name and address of any community alternative home and any facility described in divisions (B)(1) to (B)(4) of section 3724.01 of the Revised Code and paragraphs (H)(1) to (H)(5) of rule 3701-16-01 of the Administrative Code in which the operator has an ownership interest of five per cent or more;

(d) The identity of the residence manager of the community alternative home, if different from the operator;

(e) The name and address of any community alternative home and any facility described in divisions (B)(1) to (B)(4) of section 3724.01 of the Revised Code and paragraphs (H)(1) to (H)(5) of rule 3701-16-01 of the Administrative Code with which either the operator or residence manager has been affiliated through ownership or employment in the five years prior to the date of application;

(f) The names, addresses, and telephone numbers of three persons not employed by or associated in business with the operator who will provide information about the character, reputation, and competence of the operator and the residence manager and the financial responsibility of the operator;

(g) Information about any conviction of the operator or residence manager for a felony or crime involving moral turpitude, or any arrest or adjudication or conviction of a criminal offense related to the provision of care, or which bears a substantial relationship to the position of operator or residence manager, in a community alternative home or any facility described in divisions (B)(1) to (B)(4) of section 3724.01 of the Revised Code and paragraphs (H)(1) to (H)(5) of rule 3701-16-01 of the Administrative Code; and

(h) Any other information the director may require regarding the operator’s ability to operate the home including, but not limited to, the names, ages, and work hours of employees, including the residence manager; the residence manager’s training and educational background and work experience, the number of residents and identification of previous or current licenses or similar approvals held;

(2) Evidence and documentation that the home meets the fire safety standards required by rule 3701-16-10 of the Administrative Code, and has been inspected and approved within the preceding year by an electrical safety inspector certified pursuant to Chapter 3783. of the Revised Code;

(3) Evidence and documentation that the home complies with local zoning regulations;

(4) If applicable, evidence and documentation that the home has a valid food service license issued under Chapter 3732. of the Revised Code;

(5) Evidence and documentation of policies developed for infection control and education of caregivers about acquired immune deficiency syndrome (AIDS) as required by division (A)(7) of section 3724.03 of the Revised Code and paragraph (H)(3) of rule 3701-16-13 of the Administrative Code;

(6) Evidence and documentation of all applicable inspections, approvals, permits, and licenses required by Chapter 3701-16 of the Administrative Code;

(B) A community alternative home applying for a permanent license at the same time as a temporary license or before its temporary license expires shall notify the director in writing of its intentions. The home also shall provide the director with any additional information necessary for review of its permanent license application, but it need not file a second application form.

(C) A person seeking renewal of a community alternative home license shall submit to the director an application for renewal, on a form prescribed and provided by the director, which shall include the following items:

(1) The name, address, and telephone number of the community alternative home;

(2) The number of residents residing in the home and the maximum occupancy of the home as of the date the applicant submits the application for renewal;

(3) Any changes to the information required by paragraph (A) of rule 3701-16-03 of the Administrative Code, unless the department was notified of the changes under paragraph (A) of rule 3701-16-09 of the Administrative Code;

(4) If alterations have been made to the structure of the building or buildings housing the community alternative home since the facility most recently was licensed, information relating to changes in that structure;

(5) If the electrical wiring has been altered, proof that the alteration has been inspected and approved by an electrical safety inspector certified pursuant to Chapter 3783. of the Revised Code;

(6) Copies of documentation of any inspections, permits, or approvals of the home’s private water system or household sewage disposal system that may be required by rule 3701-16-11 of the Administrative Code since the facility’s most recent license was issued;

(7) Any other information the director may require regarding the operator’s ability to operate the facility.

(D) An application for licensure or license renewal shall be accompanied by both of the following:

(1) A non-refundable license application fee of twenty-five dollars in the form of a cashier’s check or a postal money order payable to the “Treasurer, State of Ohio.” If a community alternative home files an application for a permanent license at the same time as a temporary license or before the temporary license expires, the home is not required to pay an additional license application fee for the permanent license application; and

(2) A statement signed by the operator, and included in the application, certifying that, to the best of his or her knowledge, the information in the application and any accompanying material is true and accurate. If a representative signs the statement, he or she shall include documentation that he or she is the authorized representative of the operator.

(E) The director may request any additional information he or she determines to be necessary to assess compliance with the applicable criteria, standards, and requirements established by Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code. The applicant shall submit any additional information requested by the director within sixty days of the director’s request.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A)

Rule Amplifies: 3742.03(A)(1), (A)(5)

Prior Effective Dates: 2/13/99, 11/27/97, 11/27/88 (emer.)

Upon receipt of an application for licensure or renewal of a license and the fee required by rule 3701-16-03 of the Administrative Code, the director shall do all of the following:

(A) Review the application and any accompanying documents for compliance with Chapter 3724. of the Revised Code and rules adopted pursuant to this chapter;

(B) Determine whether the community alternative home meets the fire safety standards established by rule 3701-16-10 of the Administrative Code and has been inspected and approved by a certified electrical safety inspector;

(C) If applicable, determine if the home has a valid food service license, issued pursuant to Chapter 3732. of the Revised Code;

(D) Determine whether the community alternative home complies with local zoning regulations;

(E) Review the policies developed for infection control and education of caregivers about acquired immune deficiency syndrome;

(F) Review the report of the inspection or inspections conducted pursuant to rule 3701-16-07 of the Administrative Code;

(G) Consider any information regarding the past record of the operator, residence manager, and any individuals who are principal participants in an entity that is the operator or residence manager of a community alternative home. The director shall consider whether any of the following actions have been taken against any of those individuals:

(1) Conviction of a felony or a crime involving moral turpitude;

(2) Conviction or adjudication of any crime or civil offense relating to the provision of care in a community alternative home or any facility described in divisions (B)(1) to (B)(4) of section 3724.01 of the Revised Code and paragraphs (H)(1) to (H)(5) of rule 3701-16-01 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3742.05(A)

Rule Amplifies: 3742.03

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) The director shall issue a license to a community alternative home if, after completing review of the application pursuant to rule 3701-16-04 of the Administrative Code, he or she determines that the home meets the requirements of Chapter 3724 of the Revised Code and the requirements of Chapter 3701-16 of the Administrative Code.

(B) Any license issued to a community alternative home:

(1) Shall contain the name and address of the home for which it is issued, the date of expiration of the license, and the maximum number of residents that may be accommodated by the home;

(2) Is valid only for the residence or facility specified on the license and for a period of two years after the date of issuance unless revoked or suspended pursuant to Chapter 119. of the Revised Code; and

(3) Is not transferable to any other location.

(C) No single residence or facility may be licensed to operate as more than one community alternative home.

(D) The director shall renew a license for a two-year period if, after completing review of the application for renewal pursuant to rule 3701-16-04 of the Administrative Code, he or she determines that the home continues to comply with the requirements of Chapter 3724. of the Revised Code and the requirements of Chapter 3701-16 of Administrative Code.

(E) If any community alternative home fails to comply with any requirements of Chapter 3724. of the Revised Code or with any requirements of Chapter 3701-16 of the Administrative Code, the director may do any one or all of the following:

(1) In accordance with Chapter 119. of the Revised Code, deny, revoke, or refuse to issue or renew the license of the home;

(2) Determine whether an emergency exists that requires immediate action to protect the health or safety of the public or residents of the home, and issue an emergency order which complies with the provisions of division (B) of section 3724.04 of the Revised Code and paragraph (B) of rule 3701-16-08 of the Administrative Code;

(3) Request the attorney general to bring an action for injunctive relief against the home in the court of common pleas in the county in which the home is located if the director determines that the operation of the home constitutes a real and present danger to the health and safety of any of the residents or if the director determines that the home is operating without a license;

(4) Request the attorney general to bring an action in the court of common pleas of the county in which a violation of Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code has occurred or is occurring for civil penalties in an amount not greater than one thousand dollars for each day a violation continues;

(5) Pursue other available remedies under federal or state law or municipal ordinance.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05

Rule Amplifies: 3724.03, 3724.04(B), 3724.13

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) The director may issue a temporary license pending completion of the licensing inspection if the application and documentation meet the requirements of Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code.

(B) A temporary license is valid for ninety days and may be renewed for an additional ninety days without payment of an additional application fee.

(1) The director may renew a temporary license for the duration of proceedings under Chapter 119. of the Revised Code regarding the denial of a license if he or she determines that the continued operation of the home will not jeopardize the health or safety of the residents.

(2) In accordance with Chapter 119. of the Revised Code, the director may refuse to issue or renew a temporary license for a community alternative home that fails to comply with any requirement of Chapter 3724. of the Revised Code or Chapter 3701-16 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05 (A)

Rule Amplifies: 3724.03(B), 3724.03 (D)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) The director of health shall make at least one unannounced inspection of a community alternative home during each licensure period in addition to inspecting the home to determine whether a license should be issued or renewed. The director may make other inspections at any time he or she considers appropriate.

(B) The director of health shall investigate reports of violations of Chapter 3724 of the Revised Code and Chapter 3701-16 of the Administrative Code in accordance with section 3724.11 of the Revised Code.

(C) Employees of the departments of health and aging and persons employed pursuant to division (M) of section 173.01 of the Revised Code in the long-term care facilities ombudsman program may enter a community alternative home at any time.

(D) The following persons may enter a community alternative home during reasonable hours:

(1) A resident’s sponsor and visitors;

(2) Residents’ rights advocates;

(3) A resident’s attorney;

(4) A physician or other person providing health care services to a resident;

(5) A prospective resident and his or her sponsor;

(6) Employees of county departments of human services;

(7) A minister, priest, rabbi, or other person ministering to a resident’s religious needs; and

(8) Persons authorized by local boards of health.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(L)

Rule Amplifies: 3724.03(A), 3724.04(A), 3724.11, 3724.12

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) The director may issue an emergency order to a community alternative home on finding an emergency requiring immediate action to protect the health or safety of the public or of residents of the home. The order shall be in writing, shall specify action to be taken to correct the situation causing the emergency, shall be effective immediately, and shall continue in effect for ninety days.

(B) The home shall comply with the order immediately but, on written application to the director, shall be afforded a hearing as soon as possible to determine whether the order should be modified or withdrawn.

(C) If the director subsequently determines that the license of the home should be revoked or should not be renewed because the home has failed to correct the emergency within the time specified or because the violation jeopardizes the health or safety of the public or any of the residents of the home, the director shall revoke or refuse to renew the license in accordance with Chapter 119. of the Revised Code. The director may also initiate an action for injunctive relief in accordance with section 3724.13 of the Revised Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A)

Rule Amplifies: 3724.04(B), 3724.13

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) An operator shall inform the director in writing of any changes in the identity of the residence manager or in the information contained in the statement of ownership made pursuant to division (A) of section 3724.03 of the Revised Code and paragraph (A)(1) of rule 3701-16-03 of the Administrative Code. The operator shall provide this notification not later than ten days after the change occurs.

(B) The procedure for closing a community alternative home shall include all of the following:

(1) The operator shall inform the director in writing at least thirty days prior to the proposed date of closing. At the same time, the operator shall notify each resident and his or her sponsor, of the closing of the home and the date of the closing unless an emergency exists;

(2) Immediately upon receiving notice that a home is to be closed, the director shall monitor the transfer of residents to other facilities and ensure that residents’ rights are protected. The director shall notify residents’ rights advocates registered with the department under section 3701.07 of the Revised Code of the closing;

(3) All charges shall be prorated as of the date on which the home closes. If payments have been made in advance, the payments for services not rendered shall be refunded to the resident or the resident’s sponsor not later than seven days after the closing of the home; and

(4) Immediately upon the closing of the home, the operator shall surrender the license to the director, and the license shall be cancelled.

(C) The operator shall notify the residents at least thirty days in advance of any change in the person who has possession of the home, unless the change is in the nature of a corporate reorganization resulting in the same individual or individuals having ultimate ownership interest.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A), 3724.05(L)

Rule Amplifies: 3724.03(C), 3724.10(A)(5)

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) Each community alternative home shall comply with the following fire protection standards:

(1) Each home shall develop a written evacuation procedure which shall be explained to each resident and posted on each floor of the home. The residence manager and any individual employed by or affiliated with the home shall be trained in fire control and evacuation procedures within the time specified in paragraph (H) of rule 3701-16-13 of the Administrative Code.

(a) Each home shall conduct fire drills at least four times each year, with each individual employed by or affiliated with the home and each resident participating in at least one drill annually. and

(b) The written procedure shall include a floor plan indicating the location of the smoke detectors, fire extinguishers, evacuation routes and exits, and a plan for evacuating all individuals in the home, including procedures for evacuating residents with impaired mobility,.

(2) Each home shall install and maintain, in accordance with the manufacturer’s specifications, at least one battery-operated smoke detector, or electrical smoke detector with battery back-up, on each floor of the home, including the basement and attic (except for crawl spaces and unfinished attics). The smoke detectors shall bear the seal of “Underwriters Laboratories.” At least one such smoke detector shall be installed in each of the following places:

(a) In each hallway where resident bedrooms are located; and

(b) In or near each designated smoking area and kitchen area.

The home shall check each smoke detector monthly to ensure that the battery is charged and functioning and shall maintain records documenting these monthly checks. The home shall establish, for each resident who has a handicap or disability for which a smoke detector is an ineffective fire alert mechanism, an alternate fire alert mechanism which will warn the resident;

(3) Each home shall provide and maintain the following types of fire extinguishers tested and listed by “Underwriters Laboratory” or “Factory Mutual” :

(a) At least one “40 BC” dry chemical fire extinguisher in the kitchen area; and

(b) At least one “2A-10 BC” dry chemical fire extinguisher on each floor of the home. Each extinguisher shall be inspected annually and refilled as necessary by an individual certified by the state fire marshal. The label on the extinguisher shall show the date of its annual inspection and refilling;.

(4) Each home shall prohibit the use of electrical cooking appliances in residents’ bedrooms;

(5) Each home shall store paints, varnishes, lacquers, thinners, and all other flammable materials and liquids in a safe manner. Combustible materials shall not be stored within two feet of any heater;

(6) Each home shall locate non-ambulatory individuals’ bedrooms on a floor that exits to ground level. For the purposes of this paragraph, “nonambulatory” means that the individual is unable to get in and out of bed independently, or walk without physical assistance from another individual, or requires a wheelchair;

(7) Each home shall prominently display the telephone numbers of the fire department, police department, and other emergency numbers at each telephone in the home. The home shall not require residents or caregivers to obtain approval from the residence manager or owner prior to telephoning for emergency assistance;

(8) Each home shall establish and enforce an appropriate smoking policy. If smoking is permitted, the policy, at minimum, shall address smoking hours, smoking areas, and requirements for supervision, if any;

(9) Each home shall have its heating system checked annually by a heating contractor. The home shall maintain the system in good, safe operating condition;

(10) Each home shall maintain all electrical systems including appliances, cords, switches, lighting fixtures, and lamps in good, safe operating condition;

(11) Each home shall prohibit use of heating devices other than a central heating system or any of the following devices:

(a) Suspended unit heaters or unit heaters in locations other than means of egress and resident sleeping areas. These heaters may be used only if they are located high enough to be out of the reach of individuals using the area and if they have safety features to stop the flow of fuel or electricity immediately in case of either excessive temperatures or ignition failure;

(b) Fireplaces and firestoves only in areas other than resident bedrooms. The home shall ensure that fireplaces and firestoves are used safely. Use of fireplaces with exposed gas flames is prohibited. The home shall equip fireplaces with fireplace enclosures. The home shall ensure that fireplaces and firestoves are installed properly in accordance with the manufacturer’s instructions and are cleaned and inspected every two years by an independent fireplace or firestove cleaning company. A staff member shall supervise the use of a firestove. In deciding whether or not to maintain an operable fireplace or firestove, the facility shall consider the capabilities and needs of its residents, the likelihood of resident accidents, and the need for safety precautions or guards in addition to the requirements of this paragraph; or

(c) Portable space-heating devices, if the heating elements are not open flame devices or exposed coils. Use of kerosene heaters is prohibited. Space heaters shall be grounded properly. The home shall ensure that extension cords are not used with space heaters unless the insulation and wire gauge are acceptable to the director; and

(12) Each home shall maintain all interior and exterior doors in safe operating condition and shall ensure that they are capable of latching securely when closed.

(B) If the home occupies only a portion of the building, the entire building shall comply with this rule unless the part of the building to be licensed and its exit system are completely separated from the rest of the building by a wall having a fire resistance rating of at least two hours.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(E)

Rule Amplifies: 3724.03(A)(2)

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

(A) Each community alternative home using a water source other than a public water system shall obtain a permit from the local health department before commencing to construct, develop, install, or alter any private water system, except in the case of an emergency alteration as provided in paragraphs (B)(1) and (D)(1) of rule 3701-28-03 of the Administrative Code.

(B) Each community alternative home not using a public sewage disposal system shall have its household sewage disposal system inspected and approved by the local health department, in accordance with Chapter 3701-29 of the Administrative Code.

(1) A home shall obtain a permit from the local health department before commencing to construct, develop, install, or alter any household sewage disposal system; and

(2) If the local health department requires approval to maintain or operate household sewage disposal systems, the home also shall obtain this approval.

(C) If the local health department or local building department regulates the community alternative home’s plumbing under a local ordinance or regulation, the facility shall comply with the requirements of the ordinance or regulation when installing or altering plumbing.

(D) Each community alternative home shall comply with the following plumbing requirements:

(1) Each home shall maintain a safe and operable plumbing system. When altering existing plumbing or installing new plumbing, the home shall not use materials, devices, or fixtures for purposes other than their intended use;

(2) Water heaters shall be protected by a relief valve approved by the “American National Standards Institute” and shall discharge in a safe manner;

(3) The drinking water supply shall be protected against contaminating sources; and

(4) For new and altered plumbing, each shower compartment and shower and bath combination shall be provided with an automatic safety-mixing device to prevent sudden, unanticipated changes in hot water temperatures.

(E) To be eligible to receive a permanent license, each community alternative home shall be inspected and approved by an electrical inspector, certified pursuant to Chapter 3783. of the Revised Code, as meeting the following standards:

(1) There is no temporary wiring in the home;

(2) All wiring, electrical outlets, and permanent fixtures are in good, safe operating condition; branch circuits are used properly; and circuits are not overloaded; and

(3) Electrical systems including appliances, cords, switches, lighting fixtures, and lamps are in good, safe operating condition.

If subsequent to the initial electrical inspection, the electrical wiring is altered, the home shall have the alteration inspected and approved by a certified electrical inspector.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05

Rule Amplifies: 3724.01, 3724.03(A)(1)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

The operator of a community alternative home may serve as the residence manager or shall arrange for an individual to serve as the residence manager. The operator, residence manager, or both shall be responsible for administering and managing all aspects of the home including, but not limited to the following functions:

(A) Arranging for all necessary inspections, approvals, and licenses and paying all associated fees and costs;

(B) Securing appropriate caregivers for the home;

(C) Supervising caregivers to ensure acceptable performance of assigned job duties and continued compliance with Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code;

(D) Developing and administering policies for infection control and for educating caregivers about AIDS;

(E) Establishing and maintaining a stable financial position for the operation of the home and exercising sound fiscal management practices;

(F) Protecting the rights of residents;

(G) Complying with applicable federal, state, and local laws governing operation of the home, including but not limited to laws concerning zoning, reporting of income, operation of a business, occupational health and safety, accommodating individuals with disabilities, and employment practices;

(H) Ensuring continued compliance with Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code;

(I) Developing and administering the policies of the home; and

(J) Preparing, maintaining, and submitting reports and records as required by the director pursuant to Chapter 3701-16 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(B)

Rule Amplifies: 3724.03(A)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) As used in this rule, “staff member” means a caregiver as defined in paragraph (F) of rule 3701-16-01 of the Administrative Code; the operator or residence manager; or any individual employed by or affiliated with the home who works in the home. “Staff member” does not include an individual staying temporarily in a community alternative home in the absence of staff members under paragraph (E) of this rule, or a volunteer.

(B) In addition to meeting the minimum staffing requirements of paragraph (C) of this rule, each community alternative home shall provide a sufficient number of staff members and appropriate scheduling of staff time to meet the care and supervisory needs of its residents in a timely manner and to provide necessary meal preparation, housekeeping, laundry, and home maintenance for the residents. The operator or residence manager shall establish a schedule for staff coverage that includes coverage during vacations, emergency situations, and long-term absences due to illness. The home shall not require a resident to supervise other residents, provide personal assistance, or manage the home.

(C) Except as provided in paragraphs (D) and (E) of this rule, each community alternative home shall ensure that at least one staff member who meets the conditions specified in paragraphs (G) to (L) of this rule is present in the home whenever a resident who meets any one of the following criteria is present:

(1) The resident requires assistance with walking and moving, bathing, toileting, dressing, or eating;

(2) The resident requires ongoing monitoring;

(3) The resident is nonambulatory as defined in paragraph (A)(6) of rule 3701-16-10 of the Administrative Code; or

(4) The resident requires assistance, as authorized by paragraph (D) of rule 3701-16-16 of the Administrative Code, with self-administrationof prescription medications that have been ordered on an as-needed basis.

A community alternative home shall ensure that a staff member is present in the home if the home is locked and the residents do not have keys.

(D) A community alternative home required by paragraph (C) of this rule to have a staff member in the home is exempt from that staffing requirement if all of the following conditions are met:

(1) The home and one or more other community alternative homes are owned by the same operator and all of the homes are located within two minutes or less response time from each other;

(2) At least one staff member meeting the conditions specified in paragraphs (G) to (L) of this rule is present and awake at all times when a resident is present in any of the homes, and makes periodic rounds of all the homes;

(3) When only one staff member is on duty to cover the homes, the homes shall designate another staff member who can be contacted immediately in case of emergency; and

(4) Each resident’s bedroom is equipped with a resident-activated call signal system that alerts the staff member or members of emergencies or resident needs in any of the homes. As used in this paragraph, “call signal system” means a set of devices that are connected electronically, by radio frequency transmission, or in a like manner and that effectively alert the staff member or members on duty of emergencies or resident needs.

(E) When a community alternative home is required by paragraphs (B) and (C) to have a staff member present in the home, the home may temporarily use an individual who is not a staff member to stay in the home. Such an individual shall not be left alone with residents for more than four consecutive hours, shall be capable of calling for emergency assistance and assisting residents in responding to an emergency, and shall be at least eighteen years of age. If an individual staying in a home under this paragraph provides personal assistance or supervision, he or she shall have received the training required by paragraph (I) of this rule.

(F) Each staff member of a community alternative home shall possess both of the following qualifications:

(1) Each staff member other than the residence manager shall be at least eighteen years of age. The residence manager shall be at least twenty-one years of age; and

(2) Each staff member shall demonstrate an ability to read, write, and understand directions in English. Caregivers shall demonstrate an ability to communicate in the predominant language of the residents.

(G) The provisions of this paragraph apply to all staff members, and all volunteers or temporary workers described in paragraph(E) that provide greater than ten hours of service in a community alternative home in any thirty day period. These individuals shall be tested for tuberculosis in accordance with the following:

(1) Prior to beginning employment, or when a volunteer or temporary worker attains ten hours of service in any thirty day period, the individual shall have a two-step Mantoux test for tuberculosis using five tuberculin units of purified protein derivative or, if the the individual has a documented history of a significant Mantoux test, a chest x-ray. Individuals subject to the provisions of this paragraph on the effective date of this rule shall meet the requirements of this paragraph within ninety days of the effective date of this rule. Only a single Mantoux test is required if an individual has documentation of either:

(a) A two-step Mantoux test with uninterrupted annual single Mantoux tests, the most recent single Mantoux test having been performed within one year of commencing work; or

(b) A two-step Mantoux test having been performed within one year of commencing work.

(2) No individual shall have any resident contact until after the results of the first step of the Mantoux test have been obtained and recorded in millimeters of induration. If the first step is nonsignificant, the second step of the Mantoux test shall be performed at least seven but not more than twenty-one days after the first step was performed.

(3) If the Mantoux testing performed pursuant to paragraph (G)(2) of this rule is nonsignificant, a single Mantoux test shall be performed annually within thirty days of the anniversary date of initial testing.

(4) If either step of the Mantoux is significant, the individual shall have a chest x-ray and shall not have any resident contact until after the results of the chest x-ray have been obtained. A chest x-ray need not be performed if the individual has had a chest x-ray ninety days before the date of the significant Mantoux test. Unless a physician orders a repeat chest x-ray. Additional Mantoux testing is not required after one medically documented significant test.

(5) If the chest x-ray does not indicate active tuberculosis, but there is evidence of conversion to a significant Mantoux test, the individual shall not be permitted to work in the home without documentation of having started preventive treatment or documentation that treatment is medically contraindicated. The home shall require the individual to report promptly any symptoms suggesting tuberculosis. If symptoms are reported, the home shall not permit the individual to have any resident contact until appropriate tuberculosis testing and treatment is obtained. The home shall annually document the presence or absence of symptoms in such an individual and maintain this documentation on file. Such individuals shall not be required to have an annual chest x-ray.

(6) If active tuberculosis is found, the individual shall not enter the home until medication has rendered the individual noninfectious.

(H) The home shall ensure that each staff member, and volunteer with direct resident contact, completes the orientation and training prescribed by this paragraph. The home shall ensure that these individuals receive this orientation and training within three working days after beginning employment with the home and before any direct care is provided, or within thirty days after the effective date of this rule, whichever is later.

(1) Each individual shall have training in the home’s fire control and evacuation procedures and training in how to secure emergency assistance.

(2) Each individual shall have orientation and training applicable to the individual’s job responsibilities. The orientation and training required by this paragraph shall include at least orientation to the physical layout of the home, the individual’s job responsibilities, the home’s policies and procedures, and residents’ rights.

(3) Each individual shall have orientation and training in the physical and psycho-social aspects of aids and aids-related conditions.

(4) Each individual shall have training in the infection control principles pertaining to universal precautions.

(5) Each individual shall have training in the implementation of the infection control principles and procedures required by paragraph (H) of rule 3701-16-21 of the Administrative Code.

(I) In addition to meeting the requirements of paragraphs (F) to (H) of this rule, individuals who provide personal assistance or supervision in a community alternative home shall meet the following applicable training requirements:

(1) Each staff member shall have first-aid training evidenced by one of the following:

(a) Currently valid documentation of successful completion of the “American Red Cross standard first aid course”; or

(b) Documentation of successful completion, within the past three years, of first-aid training by a licensed physician or registered nurse, an emergency medical technician, or an instructor certified by the “American Red Cross.” This training shall include recognition and emergency management of bleeding, burns, poisoning, respiratory distress including choking, musculo-skeletal injury, wounds including animal and insect bites, sudden illness, shock, hypothermia, heat stroke and exhaustion, and frost bite; and

(2) Documentation that, prior to providing personal assistance without supervision in the home, each staff member and volunteer successfully completed training or orientation that covers the correct techniques of providing personal assistance and supervision to others. The training or orientation shall be sufficient to ensure that the individual can demonstrate an ability to properly provide the personal assistance and supervision required by the individual’s job responsibilities.

The documentation required by this paragraph shall be signed and dated by the provider of the training.

(J) All staff who prepare or handle food shall successfully complete training in food safety and sanitary practices provided by, or under the direction of, a dietitian licensed under Chapter 4759. of Revised Code, or a local health department.

(K) The operator or residence manager shall provide an annual evaluation to ensure that individuals working in the home maintain job competency. The residence manager shall receive continuing education on an annual basis, covering topics pertinent to operating a community alternative home.

(L) No individual shall work in a community alternative home under any of the following circumstances:

(1) During the communicable stage of a disease which may be transmitted in the performance of the individual’s job responsibilities;

(2) When the individual has exudative or other lesions or weeping dermatitis; or

(3) When the individual is under the influence of illegal drugs or is using alcohol or medications to the extent that the health or safety of any resident of the home is jeopardized.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(B)

Rule Amplifies: 3724.03(A)(7), 3724.05

Prior Effective Dates: 2/13/99, 11/27/94, 11/27/88 (emer.)

Each community alternative home shall maintain the following records:

(A) An individual record for each resident which shall be stored in a manner that protects and ensures confidentiality.

(1) Staff members who have access to residents’ personal information shall not discuss or share the information with another individual working in the home unless transmission of the information is necessary to provide care to or to meet the needs of the resident. Individuals working in the home shall not discuss residents’ personal information with or in front of other residents of the home, or with persons outside of the home except as provided for in paragraph (A)(4) of this rule. Individuals working in the home shall return resident records to the storage area and not allow the records to remain open in the view of others in the home.

(2) The home shall safeguard resident records against loss, destruction, or unauthorized use. Each resident record shall be maintained by the home for at least two years after the resident is permanently transferred or discharged or dies.

(3) All resident records shall remain in the home regardless of changes in ownership, operator, or other staff except as provided under paragraph (A)(4) of this rule. Upon closure of a home, the home either shall provide the records to the resident upon request or shall arrange for the storage of records in a manner that ensures confidentiality of the information therein, for the time period specified in paragraph (A)(2) of this rule.

(4) Except as expressly approved in writing by the resident in accordance with the provisions of section 3701.243 of the Revised Code, all resident records shall be kept confidential and shall be disclosed only in the following circumstances:

(a) Release to individuals who are investigating reports of violations of Chapter 3724. of the Revised Code and Chapter 3701-16 of the Administrative Code under section 3724.11 of the Revised Code and paragraph (B) of rule 3701-16-07 of the Administrative Code;

(b) Release to another community alternative home, hospital, or other health care facility in the case of a transfer; or

(c) Release that is required by law or rule or a third-party payment contract.

(5) Each resident record shall contain all of the following items:

(a) The resident’s name, previous address, and date of birth; the date the resident began living at the home; the names, addresses, and telephone numbers of any individuals requested by the resident including the resident’s sponsor if present; the name, address, and telephone number of any referring entity; and the resident’s physician’s name, address, and telephone number;

(b) Copies of the health assessments required by rule 3701-16-17 of the Administrative Code;

(c) Notations of adverse changes in health status as required by paragraph (A)(2) of rule 3701-16-18 of the Administrative Code;

(d) Emergency information which includes the name, address, and telephone number of the individual or individuals, including the resident sponsor, to be notified in the event of an emergency and of the physician to be called; and

(e) The written resident agreement required by rule 3701-16-15 of the Administrative Code.

(B) Reports of investigations of incidents required by paragraph (B) of rule 3701-16-18 of the Administrative Code for at least two years after the date of discharge of the residents involved.

(C) Fire and evacuation procedures and records of fire drills;

(D) A current listing of the names and ages of all residents, and each resident’s admission date;

(E) Copies of all current licenses, approvals, inspections, and plans of correction;

(F) Procedures for obtaining emergency assistance;

(G) Records of heating system checks, smoke detector checks, and sprinkler system checks; and

(H) Applicable medical statements and documentation of training for volunteers and staff members, as defined in paragraph (A) of Rule 3701-16-13 of the Administrative Code. The community alternative home, at minimum, shall maintain the records required by paragraphs (C) and (G) of this rule for three years, and records required by paragraph (H) of this rule for two years after the staff member or volunteer is no longer working in the home.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(H)

Rule Amplifies: 3724.05(L), 3724.07(B)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) A community alternative home shall enter into a written resident agreement with each prospective resident prior to beginning residence in the home. The agreement shall be signed and dated by the residence manager or operator and the prospective resident, or if the prospective resident is physically unable to sign and consents, another individual designated by the prospective resident. The home shall provide both the prospective resident and any other individual signing on his or her behalf with a copy of the agreement and shall explain the agreement to him or her.

(B) The agreement required by paragraph (A) of this rule shall include at least the following items:

(1) An explanation of monthly charges to the resident including security deposits, if any are required, and a statement explaining whether the home or the resident will pay for the initial and annual assessments required by rule 3701-16-17 of the Administrative Code;

(2) A statement that no charges, fines, or penalties will be assessed against the resident other than those stipulated in the agreement;

(3) An explanation of the home’s policy for refunding monthly charges in the event of the resident’s absence, discharge, or transfer from the home, and the home’s policy for refunding security deposits; and

(4) An explanation of the extent and types of services the home will provide to the resident.

(C) In addition to executing and explaining the resident agreement under paragraph (A) of this rule, upon admission of a resident, the home shall provide the resident, and his or her sponsor, with:

(1) A copy of the home’s residents’ rights policy and procedures as required by paragraphs (C) and (D) of rule 3701-16-22 of the Administrative Code;

(2) The home’s smoking policy as required by paragraph (A)(8) of rule 3701-16-10 of the Administrative Code;

(3) Information concerning the home’s policy regarding advance directives, including an explanation of the rights of the resident under state law concerning advance directives; and

(4) Any other home policies that residents must follow.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05

Rule Amplifies: 3724.07, 3724.09

Prior Effective Dates: 2/13/99, 11/27/94

(A) A community alternative home shall provide the following services to residents who require such services and to other residents upon request:

(1) Assisting residents with activities of daily living, as by reminding them to engage in personal hygiene and other self-care activities and, when necessary, observing or assisting while they attend to those activities;

(2) Reminding residents of appointments and being aware of a resident’s general whereabouts when he is away from the home;

(3) Assistance with self-administration of medication, in accordance with section 3724.021 of the Revised Code and paragraph (D) of this rule; and

(4) Preparation of special diets, other than complex therapeutic diets, for residents who require them, pursuant to the instructions of a physician or a licensed dietitian and in accordance with paragraph (B) of rule 3701-16-19 of the Administrative Code.

Nothing in this paragraph shall be construed to permit personal assistance or assistance with activities of daily living to be imposed upon a resident who is capable of performing the activity in question without assistance.

(B) If a resident requires services that the home does not offer or is not authorized to provide, the home either shall arrange for the services to be provided or shall transfer the resident to an appropriate setting in accordance with section 3724.10 of the Revised Code and rule 3701-16-23 of the Administrative Code.

(C) No community alternative home shall admit or retain a resident unless a physician or a dentist who has prescribed medication for the resident certifies in writing that the resident is capable of administering medication to himself or herself, with or without assistance as authorized by section 3724.021 of the Revised Code, or unless any medication prescribed for the resident will be administered by one of the following:

(1) A person or agency providing skilled nursing care under division (B)(2) of section 3724.02 of the Revised Code and paragraph (E)(1) of this rule;

(2) A physician;

(3) A dentist;

(4) A podiatrist licensed under Chapter 4731. of the Revised Code.

(D) Employees of a community alternative home, and volunteers directed by employees, may do any of the following:

(1) Remind a resident when to take medication, and observe to ensure that the resident follows the directions on the container;

(2) Assist a resident in self-administration of medication by taking the medication from the storage area and handing it to the resident. The employee or volunteer shall check the name on the prescription label and verify that the resident’s name on the prescription label corresponds to the resident requesting the medication before handing it to the resident. The employee or volunteer may read the label and direction on the medication container to the resident upon request. The employee or volunteer also may remind the resident when prescribed medication needs to be refilled. Employees and volunteers shall not assist a resident with self-administration of a prescription medication that belongs to another resident. If the resident is physically unable to open the container, an employee or volunteer may open the container for the resident; and

(3) Assist a resident who is mentally alert but physically impaired or in a weakened state in removing oral or topical medication from containers and in consuming or applying the medication upon request by or with the consent of the resident. If the resident is unable to place a dose of medicine to his or her mouth without spilling it, an employee or volunteer may place the dose in a container and place the container to the mouth of the resident. As used in this paragraph, “topical medication” means a medication other than a debriding agent used in the treatment of a skin condition or minor abrasion, and eye, nose, or ear drops excluding irrigations.

(E) No home shall provide skilled nursing care, or admit or retain any resident in need of skilled nursing care, unless all of the following are met:

(1) The care will be provided by a licensed health professional acting within their scope of practice, or a governmental agency, not employed by or affiliated with the home, who is, or is working under the direction and review of, a registered nurse, physician, or dentist, not employed by or affiliated with the home;

(2) The person or agency does not train employees of the home to assist in providing skilled nursing care;

(3) When a resident requires supervision of special diets, or a complex therapeutic diet, and the person or agency providing the skilled nursing care to meet the resident’s need is not a home health agency or a hospice care program, licensed under Chapter 3712. of the Revised Code, the person or agency providing the service shall, at minimum, consult with a dietitian licensed under Chapter 4759. of the Revised Code.

(F) In addition to the requirements of paragraph (D) of this rule, community alternative homes shall handle residents’ medications in accordance with this paragraph.

(1) The home shall ensure that residents’ prescription medications are kept in locked storage areas, except that medications requiring refrigeration shall be refrigerated. The home shall take reasonable precautions to prohibit access to the refrigerated medications by other residents. All prescribed medications shall be clearly labeled with the resident’s name, the name of the medication and the prescription number, if any, the date dispensed, the name of the physician, and the instructions for use.

(2) The home shall not remove and repackage medication from the pharmacy-dispensed container.

(3) The home shall send a resident’s medications with him or her upon permanent transfer or discharge, or dispose of the medications with the consent of the resident and in accordance with applicable state and federal laws, regulations and rules.

(4) The home shall not recommend over-the-counter medications to residents. Over-the-counter medications shall be taken at the discretion of the resident.

(5) The home shall keep a written list of all medications prescribed for each resident and shall make a good-faith effort to keep the list current.

(G) A community alternative home shall create and maintain a referral system to appropriately licensed mental health and substance abuse agencies.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(F), (I)

Rule Amplifies: 3724.02, 3724.021

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) In accordance with this rule, a community alternative home shall require written initial and periodic health assessments of prospective and current residents. Health assessments shall be conducted by physicians, or other licensed health professionals acting within their scope of practice, including assessment of the residents’ capacity to self-administer prescribed medications with or without assistance. The purpose of the assessments shall be to ensure that the residents do not require a level of care beyond that which is provided by the community alternative home.

(B) The initial health assessment shall include documentation of the following:

(1) Health history and physical;

(2) TB testing and results in accordance with paragraph (C) of this rule;

(3) Prescription medications;

(4) Dietary requirements;

(5) Height and weight;

(6) Medical diagnosis;

(7) Psychiatric or psychological diagnosis, if applicable;

(8) Type of care or services required; and

(9) The resident’s capability, as determined by his or her personal physician, to self-administer medications. The documentation shall specify what assistance with self-administration, as authorized by paragraph (D) of rule 3701-16-16 of the Administrative Code, if any, is needed.

(C) In addition to the requirements of paragraphs (A) and (B) of this rule, within forty-eight hours after admission, residents who have not had previously documented significant Mantoux tests and who do not have A record of a two-step Mantoux testing within the year preceding admission shall have a two-step Mantoux test using five tuberculin units of purified protein derivative. If nonsignificant, the second step shall be performed no less than seven or more than twenty-one days from the date of the first step. If a resident has had a two-step Mantoux test followed by uninterrupted annual single Mantoux tests, the most recent single Mantoux test having been obtained within one year of admission, the resident shall have at least a single Mantoux test within forty-eight hours of admission.

(1) The community alternative home shall assure that residents with documented significant Mantoux tests are reviewed for history and symptoms by a physician and that they have had a chest x-ray within ninety days before admission or within forty-eight hours of notification of significant test results. If appropriate, the physician shall order a repeat x-ray.

(2) Residents with nonsignificant Mantoux tests shall receive a single Mantoux test if they are exposed to a known case of tuberculosis and another single Mantoux test shall be performed no less than ninety days after exposure. If the test reveals evidence of conversion, the resident shall have a chest x-ray

(a) If the chest x-ray does not reveal active pulmonary tuberculosis, the home shall document that the resident is receiving appropriate preventive treatment or shall obtain a written statement from a licensed physician that treatment is medically contraindicated.

(b) If the chest x-ray reveals active pulmonary tuberculosis, the community alternative home shall, in accordance with rule 3701-16-23 of the Administrative Code. Immediately transfer the resident to a facility capable of appropriately caring for a resident with active pulmonary tuberculosis. The resident shall not be transferred back to a community alternative home until the pulmonary tuberculosis is no longer infectious.

Each resident with a nonsignificant Mantoux test shall have a single Mantoux test repeated annually within thirty days of the anniversary date of initial testing. Residents with a documented significant Mantoux test shall be monitored for signs and symptoms of tuberculosis but shall not be required to have an annual chest x-ray. If a resident shows signs and symptoms of tuberculosis, a chest x-ray of the resident shall be required at that time.

(D) A quarterly health assessment shall be performed within three months of the resident’s last health assessment. This health assessment shall include documentation of at least the following:

(1) Prescription medications;

(2) Updated dietary requirements;

(3) Weight;

(4) Updated medical diagnosis;

(5) For residents with significant Mantoux tests, assessment for signs and symptoms of tuberculosis;

(6) Type of care or services required; and

(7) The resident’s capability, as determined by his or her personal physician, to self-administer medications. The documentation also shall specify what type of assistance with self-administration, as authorized by paragraph (D) of rule 3701-16-16 of the Administrative Code, if any, is needed.

(E) If a resident’s condition requires care beyond that which a community alternative home is licensed to provide or beyond that which the specific home provides, the home shall transfer or discharge the resident in accordance with section 3724.10 of the Revised Code and rule 3701-16-23 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(K)

Rule Amplifies: 3724.02, 3724.05

Prior Effective Dates: 2/13/99, 11/27/94

(A) In the event of a significant adverse change in a resident’s health status, the community alternative home shall do all of the following:

(1) Take immediate and proper steps to see that the resident receives necessary intervention including, if needed, medical attention or transfer to an appropriate medical facility;

(2) Make a notation of the change in health status, and any intervention taken, in the resident’s record;

(3) Notify the resident’s sponsor of the significant adverse change in the resident’s health status, as soon as possible; and

(4) Provide pertinent resident information to the person providing the intervention as soon as possible.

(B) As used in this paragraph, “incident” means any accident or episode involving a resident, caregiver, volunteer, or other individual in a community alternative home which presents a risk to the health, safety, or well-being of a resident of the home. In the event of an incident, the home shall do all of the following:

(1) Take immediate and proper steps to see that the resident or residents involved receive necessary intervention including, if needed, medical attention or transfer to an appropriate medical facility;

(2) Investigate the incident, and document the incident and the investigation. The documentation shall contain the names of individuals involved; the time, place, and date of the occurrence; a description of the incident; the probable cause; and the care provided or measures taken; and

(3) Notify the resident’s sponsor of the incident, as soon as possible.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(L)

Rule Amplifies: 3724.07(B)(22)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

Each community alternative home shall provide dietary services that meet at least the following standards:

(A) Each day, the home shall make available at least three nourishing and appetizing meals to all residents. The home shall have food, including snacks, reasonably available to meet the individual needs of all residents;

(B) The home shall prepare food for residents who have special dietary needs in accordance with dietary instructions from a physician or licensed dietitian. The home shall obtain the following information from the physician or dietitian:

(1) A written list of permitted and excluded foods;

(2) Recommended meal patterns and food preparation techniques;

(3) A list of resources that the home can consult for additional guidance.

(C) The home shall maintain at all times a one week supply of staple and a two-day supply of perishable foods;

(D) The home shall observe, supervise and assist a resident if the resident requests or needs observation, supervision, or assistance. The home shall ensure that food texture is appropriate to the individual needs of the resident, except that no syringe feedings are permitted;

(E) The home shall prepare, cook, serve, transport, and store food in a manner that protects it against contamination and spoilage. The home shall assure that the kitchen and dining areas are cleaned after each meal;

(F) The home shall provide and maintain clean and sanitary kitchen and dining areas, and a clean and sanitary supply of eating and drinking utensils, pots, and pans for use in preparing and eating meals and snacks;

(G) The home shall place food scraps and trash in garbage cans with tight-fitting lids and bag liners, and shall empty garbage cans daily, or more often if needed;

(H) The home shall provide meals that include a variety of foods accommodating religious restrictions and ethnic and cultural preferences of residents, in accordance with the home’s policy; and

(I) If applicable, the home shall have a valid food service license, issued under Chapter 3732. of the Revised Code, and shall meet the appropriate food service operation licensure standards prescribed by Chapter 3701-21 of the Administrative Code.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(J)

Rule Amplifies: 3724.021(D), 3724.03(A)(4)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) A community alternative home shall launder or arrange for the laundering of all clothing and bed and bath linen for residents who require laundry services. The home may provide a washer and dryer in the home for residents’ use or may provide transportation to and from a laundromat. Any laundry soiled with blood or body fluids shall be placed and transported in bags that prevent leakage. Normal laundry cycles should be used according to the washer and detergent manufacturers’ recommendations. Clothes than cannot be washed may be drycleaned.

(B) Each community alternative home shall encourage residents to participate in social, recreational, and leisure activities. The facility shall provide at least all of the following:

(1) One local daily newspaper or current community activity brochures and advertisements;

(2) Transportation or information about the availability of transportation to community activities; and

(3) An opportunity for residents to engage in a variety of activities within the home. These activities may include, but shall not be limited to, television, crafts, reading, or games.

(C) A community alternative home shall not coerce, induce, or prompt a resident to assign, transfer, give, or sign over to the home money, valuables, insurance benefits, property, or anything of value other than payment for services rendered by the home.

(1) If a resident or his or her legal representative requests that the home manage the resident’s funds and the home agrees to do so, the home shall deposit any amount of money in excess of two hundred dollars in an interest-bearing account separate from the home’s operating accounts. A resident’s money amounting to two hundred dollars or less may be kept either in a petty cash fund or in an interest-bearing account for the resident. Interest shall be credited to the resident. Residents shall have access to their money at all times and shall be encouraged to manage their own money independently.

(2) A resident’s valuables, other than money, given to the home for safekeeping shall be kept in a separate envelope or container marked with the resident’s name and shall be safeguarded against loss or theft. The resident shall have access to the valuables at all reasonable times.

(3) If the home takes responsibility for a resident’s money or other valuables, the home shall provide the resident, upon request, or at least quarterly, with a written statement regarding the status of his or her property. The home shall provide a resident with a final accounting and return all of the resident’s property to him or her at the time of permanent transfer or discharge. Upon the death of a resident, the home shall return all of the resident’s property to the individual administering the resident’s estate.

(4) No operator, residence manager, or caregiver shall be the legal guardian of a resident, unless the individual was appointed guardian prior to the effective date of this rule, or hold a power of attorney for a resident.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(F)

Rule Amplifies: 3724.07(B)(4)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) Each community alternative home shall provide a living area where residents may engage in social, recreational, and leisure activities on a daily basis. The living area shall be well-lighted and adequately heated and ventilated. It shall contain sufficient comfortable, safe, and functional furniture to ensure a seating place for at least fifty per cent of the total number of residents. The living area shall not be used as a bedroom by anyone.

(B) To foster a home-like environment, residents shall be permitted to bring personal items to the home, so long as the personal items do not create a safety hazard or infringe upon the rights of other residents.

(C) The home shall provide a dining area where meals are served to residents. The dining area, table, and seating places shall be of sufficient size and number to allow at least fifty per cent of all residents to eat comfortably together at one time. All furniture shall be comfortable, safe, and functional.

(D) Each home shall provide bedroom space for each resident which meets all of the following criteria:

(1) A single-occupancy room shall have a minimum of eighty square feet and a multiple-occupancy room shall have a minimum of sixty square feet per occupant of wall-to-wall floor space, exclusive of closets and adjoining bathrooms. No bedroom shall provide sleeping space for more than three residents;

(2) There shall be at least three feet between beds. No furniture shall block any doorway;

(3) Bedrooms shall be separated from halls, corridors, and other rooms by permanent floor-to-ceiling walls. Temporary partitions shall not be used to separate resident bedrooms. All bedrooms shall have doors and shall be well-lighted and dry;

(4) A bedroom shall not be used as a passageway to other rooms and shall not be more than fifty per cent below average grade level;

(5) When assigning bedrooms, the home shall take into account the mobility of residents and their ability to evacuate the home readily and easily in case of emergency and shall ensure compliance with paragraph (A)(6) of rule 3701-16-10 of the Administrative Code;

(6) The home shall provide a bed for each resident consisting of springs and a clean, comfortable flame resistant mattress or a clean, comfortable mattress with a flame resistant mattress cover. The bed shall be sturdy, safe, and in good condition. Rollaway beds, cots, double-deck beds, stacked bunk beds, hide-a-bed couches, and studio couches shall not be provided as beds for residents by the home. Residents may bring their own beds and furnishings of any type they choose, if the beds and furnishings are safe, sturdy, and functional and there is sufficient space in the home. Residents who smoke shall provide documentation that the mattress they bring to the home is flame resistant;

(7) The home shall provide bed linen for each resident, which shall include at least two sheets, a pillow and pillow case, a bedspread, and one blanket. Additional blankets and pillows shall be provided to each resident upon request. A minimum of two sets of linen shall be available for each bed at all times. Bed linen shall be changed at least weekly and more often if soiled. Residents may provide and maintain their own bed linen;

(8) The home shall provide each resident with closet or wardrobe space in his or her bedroom for storage of his or her personal clothing and other items. Each resident also shall have adequate bureau, dresser, or equivalent space, and a mirror appropriate for grooming; and

(9) Each resident bedroom shall have a minimum of one operable window with a screen and a curtain, shade or other appropriate covering to assure privacy.

(10) The home shall develop policies and procedures regarding the permissibility of residents sharing a bedroom with a spouse, or one who stands in place of a spouse, if both are residents of the home.

(E) As used in this paragraph, “bathroom” means a room or rooms including at least one toilet, one shower or bathtub, and one sink. The home shall provide at least one bathroom for each five individuals living in the home. Individuals living in the home includes both residents and other individuals. The bathroom facilities shall meet the following requirements:

(1) The bathroom facilities shall be kept clean, sanitary, and in good repair and shall be accessible to residents at all times;

(2) There shall be nonskid surfacing and handrails or grab bars in each bathtub or shower for the safety of the residents;

(3) There shall be a sufficient supply of soap and toilet paper in each bathroom to meet the needs of the residents;

(4) Clean bath towels and washcloths shall be provided to each resident. The towels and washcloths shall be changed at least twice weekly and more often if soiled; and

(5) Each bathtub, shower, and sink shall have hot and cold running water. The hot water shall have a temperature of at least one hundred five degrees Fahrenheit but no more than one hundred twenty degrees Fahrenheit at the point of use.

Nothing in this paragraph shall be construed to prohibit residents from providing and maintaining their own bath and shower supplies.

(F) Each home shall provide at least one non-pay telephone to which residents shall have reasonable access at all times for making local calls. The telephone shall be provided in a location or manner which affords privacy. The home also shall arrange for a method by which residents can make long-distance calls from the home at the residents’ expense.

(G) Each home shall assure a clean, healthy environment by doing at least the following:

(1) Eliminating any existing insects and rodents and taking effective measures to prevent the presence of insects and rodents in and around the home;

(2) Avoiding temperature extremes within the home which may be a health hazard to the resident;

(3) Providing durable garbage and refuse receptacles to accommodate wastes. Outdoor garbage and refuse receptacles shall be kept covered with tight-fitting lids at all times;

(4) Cleaning toilets, bathrooms and other obvious sources of odors promptly and thoroughly; and

(5) Establishing and implementing housekeeping and maintenance procedures to assure a clean, safe, sanitary environment and a home-like appearance to the home.

(H) Each home shall develop and implement appropriate procedures to prevent and control the development and transmission of infections and disease which, at minimum, shall provide for the following:

(1) Written policies and procedures requiring the strict adherence to established infection control practices termed universal precautions by the “Centers for Disease Control and Prevention.” Standard operating procedures for all activities that pose a risk for exposure to blood or body fluids shall be included in such policies and procedures. Any policy or procedure established shall be in accordance with all federal and state mandates or guidelines. No individual providing personal assistance, hands-on assistance with activities of daily living, or skilled nursing care for a resident in the home shall fail to adhere to the home’s universal precaution policies and procedures;

(2) If an individual sustains a significant exposure to another’s blood or body fluids, then the individual shall receive follow-up evaluation in accordance with the recommendations from the U.S. public health service. For purposes of this rule, “significant exposure” means a percutaneous or mucous membrane exposure of an individual to the body fluid to which universal precautions apply. Universal precautions apply to blood, semen, vaginal secretions, or spinal, synovial, pleural, peritoneal, pericardial or amniotic fluids. Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine or vomitus, unless they contain visible blood;

(3) Individuals providing personal assistance or hands-on assistance with activities of daily living that may result in contact with blood or other body fluids shall wear appropriate personal protective equipment in accordance with this paragraph and the policies and procedures established under paragraph (H)(1) of this rule. Personal protective equipment includes, at a minimum, vinyl or latex gloves. Personal protective equipment may also include gowns, masks and eyewear, as appropriate. Personal protective equipment shall be properly disposed of immediately following the completion of personal assistance or assistance with activities of daily living for a resident, and before contact with another resident. Individuals providing personal assistance or hands-on assistance with activities of daily living shall wash their hands before and after providing the service even if gloves are used. Appropriate personal protective equipment may be utilized during contact with body fluids to which universal precautions do not apply;

(4) Individuals working in the home shall wash their hands before beginning work and upon completing work, before and after eating, after using the bathroom, after covering their mouth when sneezing and coughing, before and after providing personal assistance or hands-on assistance with activities of daily living for a resident when there has been physical contact, after contact with contaminated materials, before handling food, and at other appropriate times; and

(5) If the home provides any laundering services, the home shall keep clean and soiled linen separate. Soiled laundry shall be handled as little as possible. Laundry that is wet or soiled with body substances shall be placed in moisture-resistant bags which are secured or tied to prevent spillage. Laundry staff shall wear moisture-resistant gloves, suitable for sorting and handling soiled laundry, and a gown or plastic apron if soiling of staff members’ clothing is likely. The home shall use laundry cycles according to the washer and detergent manufacturers’ recommendations. Protective clothing shall be removed before handling clean laundry.

(I) Each home shall meet the following safety and maintenance requirements:

(1) The home shall provide sturdy and securely fastened handrails for exterior and interior stairways;

(2) The home shall provide railings on the open sides of any porch and on the open sides of interior and exterior stairways;

(3) The home shall keep floors in good repair. Any rugs used in the home shall be securely fastened to the floor, or shall have non-skid padding and otherwise shall be used in a manner that does not create a safety hazard;

(4) The home shall keep corridors, entrances, exits, and outside pathways free of obstacles and in good repair;

(5) The home shall keep sidewalks, fire escape routes, and entrances free of ice and snow;

(6) The home shall assure that common areas and exits are well-lighted;

(7) The home shall store poisonous and hazardous materials in clearly labeled containers and away from foodstuffs and medication;

(8) Resident bedroom locks that are used by the home shall meet both of the following requirements:

(a) All locks to residents’ bedroom doors shall be capable of being opened from the inside by the resident without the use of a key, such as by pushing a panic bar, releasing a deadbolt, or using similar means. The locks also shall be capable of being opened by a key from the outside. The home shall provide each resident with a key to his or her bedroom if it has a lock; and

(b) The home shall have duplicate keys or a master key available and accessible to the staff members on duty at all times for use in cases of emergency;

(9) If the home has a basement, it shall install and maintain a lock on the basement door which can be opened easily from the upstairs, such as a safety chain or deadbolt. The home shall determine when the basement door must be locked to prevent resident accidents. In making this determination, the home shall take into consideration all residents’ conditions and habits and the residents’ need to have access to the basement;

(10) The home shall maintain first-aid supplies including latex or vinyl gloves in a closed but unlocked container which is easily accessible to the residence manager, caregivers, and residents; and

(11) The home shall prominently display the telephone numbers of the fire and police departments and other emergency numbers at each telephone in the home. The home shall not require residents or staff members to obtain approval from the residence manager or operator prior to telephoning for assistance in the event of an emergency.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(D), (E)

Rule Amplifies: 3724.05(E), 3724.07

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) As used in this rule:

(1) “Physical restraint” includes but is not limited to a geriatric chair, the locked door of a room, or any article, device, or garment that interferes with the free movement of the resident and that he or she is unable to remove easily.

(2) “Chemical restraint” means chlorpromazine hydrochloride or any drug that is listed in the schedules of controlled substances under section 3719.41 of the Revised Code as a substance having a depressant effect on the central nervous system to the degree that the resident cannot attain his highest, practicable physical, mental, and psychosocial well-being.

(B) As specified in division (B) of section 3724.07 of the Revised Code, the rights of a resident of a community alternative home include all of the following:

(1) The right to a safe, healthy, clean, and decent living environment;

(2) The right to be treated at all times with courtesy, respect, and with full recognition of personal dignity and individuality;

(3) The right to have all reasonable requests and inquiries responded to promptly;

(4) The right to have clothes and bed sheets changed as the need arises to ensure that his or her condition is comfortable and sanitary;

(5) The right to confidential treatment of his or her personal and medical records, and the right to approve or refuse the release of these records to any individual, except in the case of transfer to another community alternative home or other health care facility, and except as required by law or rule or as required by a third-party payment contract;

(6) The right to privacy during medical examination or treatment and in the care of personal or bodily needs;

(7) The right to exercise all civil rights, unless he or she has been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code and has not been restored to legal capacity, as well as the right to the cooperation of the operator or residence manager in making arrangements for him or her to exercise the right to vote;

(8) The right to retire and rise in accordance with a reasonable request, if the resident does not disturb others or interfere with meal schedules;

(9) The right to refuse medical treatment or services, or if the resident has been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code and has not been restored to legal capacity, the right to have his or her legal guardian make decisions about medical treatment and services for him or her;

(10) The right to observe religious obligations and participate in religious activities;

(11) The right to manage personal financial affairs;

(12) The right to ownership and reasonable use of personal property, including clothing, so as to maintain dignity and individuality;

(13) The right to engage in activities of his or her own choosing within reason, or to refrain from engaging in activities;

(14) The right to participate in activities within the home and use the common areas within reason unless his or her physician has indicated, in his or her medical record, that an activity is not medically advisable;

(15) The right to private and unrestricted communications, including the right to receive, and send sealed, unopened correspondence, the right to reasonable access to a telephone for private communications, and the right to private visits at a reasonable hour;

(16) The right to initiate and maintain contact with the community, including the right to participate in the activities of community groups at his or her initiative or at the initiative of community groups, unless his or her physician has indicated, in the medical record, that an activity is not medically advisable;

(17) The right to retain the services of any health care or social services provider at his or her own expense;

(18) The right to be free from abuse, neglect, or exploitation;

(19) The right to be free from physical or chemical restraints or prolonged isolation, except as specified in paragraph (C) of rule 3701-16-17 of the Administrative Code;

(20) The right to examine billing records maintained by the home concerning his or her care upon request, to be informed in writing of the rates charged by the home as well as any additional charges, and to receive thirty days notice in writing of any change in the rates and charges;

(21) The right to state grievances and recommend changes in policies and services to the home’s staff, to a governmental agency, or to any other person without reprisal;

(22) The right to have any significant change in his or her health reported to his or her sponsor;

(23) The right to not be transferred or discharged from the home except as authorized by section 3724.10 of the Revised Code and rule 3701-16-23 of the Administrative Code.

(C) Each community alternative home shall establish a written residents’ rights policy which shall include:

(1) The resident’s rights enumerated in section 3724.07 of the Revised Code and paragraph (B) of this rule;

(2) The grievance procedure and policies of the home.

(D) The home shall establish procedures for facilitating residents’ exercise of their rights.

(E) At the time of admission, the residence manager shall give a copy of the residents’ rights policy to the resident and his or her sponsor, if any, and shall explain the contents of the policy to them.

(F) Each community alternative home shall post prominently within the home a copy of the residents’ rights listed in division (B) of section 3724.07 of the Revised Code and paragraph (B) of this rule, and the addresses and telephone numbers of the residents’ rights advocates, registered under section 3701.07 of the Revised Code, for the area in which the home is located, and of the central and district offices of the department.

(G) A sponsor may assert on behalf of a resident any of the rights enumerated under section 3724.07 of the Revised Code and any rights enumerated under this rule. Any attempted waiver of these rights is void. No community alternative home or person associated with a community alternative home shall deny a resident any of these rights.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(G)

Rule Amplifies: 3724.07, 3724.09

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) A community alternative home may transfer or discharge a resident, in the absence of a request from the resident, only for the following reasons:

(1) Charges for the resident’s accommodations and services have not been paid within a reasonable time of the date which they became due;

(2) The medical condition of the resident requires care the home is not licensed to provide;

(3) The safety or welfare of the resident or of another resident requires a transfer or discharge;

(4) The license of the home has been revoked or renewal has been denied; or

(5) The operator is closing the home.

(B) The home shall give a resident at least thirty days advance notice in writing of a proposed transfer or discharge unless the transfer or discharge is for a reason given in paragraphs (A)(2) to (A)(5) of this rule, and an emergency exists. In such a case, the notice shall be given as soon as possible. The notice shall set forth the reasons for the proposed transfer and discharge and, if the resident is entitled to a hearing, shall apprise him or her of this right and outline the procedure for requesting a hearing.

(C) A resident is entitled to a hearing if the transfer or discharge is for a reason given in paragraphs (A)(1), (A)(2), or (A)(3) of this rule. The hearing for an emergency transfer or discharge based upon paragraph (A)(1), (A)(2) or (A)(3) of this rule may be conducted subsequent to the transfer or discharge.

(D) A request for a hearing shall be submitted by the resident to the director within ten days after the resident receives written notice of the proposed transfer or discharge.

(1) Upon receipt of a hearing request, the director shall provide written notification to the residence manager and the resident. The notification shall include the date, time, and place of the hearing and shall be provided at least five days before the scheduled hearing.

(2) The director shall hold the hearing not later than ten days after receiving the request for a hearing. A representative of the director shall preside over the hearing, which shall be conducted informally. The home and the resident may appear in person or by their attorneys or other representatives and may provide oral statements and written materials supporting their respective positions. If oral statements are given, the director’s representative shall make a tape recording of the hearing. The hearing is not subject to section 121.22 of the Revised Code.

(E) The director shall issue an order no later than five days after the hearing regarding the transfer or discharge of the resident. The order may prohibit or place conditions on the transfer or discharge. In the case of a transfer, the order may require that the transfer be to an institution or facility specified by the director.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(L)

Rule Amplifies: 3724.10

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)

(A) The director may waive any of the licensing requirements established under Chapter 3701-16 of the Administrative Code, unless the licensing requirement is specified by statute.

(B) Upon written request of the operator, on a form furnished by the director, the director may grant a waiver if he or she determines that the strict application of the licensing requirement would cause undue hardship to the home and that granting the waiver would not jeopardize the health or safety of any residents.

(C) The waiver may be granted at the time of initial licensing or renewal, or during the licensing period, and may be temporary or permanent. In granting a waiver, the director may stipulate a time period for which the waiver is to be effective or may establish conditions the home must meet for the waiver to be operative.

(D) The director may provide a facility with an informal hearing concerning the denial of a waiver request, but the home shall not be entitled to a hearing under Chapter 119. of the Revised Code regarding the requested waiver.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A)

Rule Amplifies: 3724.03(A)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)