3701-16-09 Change in statement of ownership; closure of home.

(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.)