3701-2-05.3 Bureau of long term care quality.

(A) The following functions are prescribed for the bureau of long term care quality:

(1) Inspect nursing homes and residential care facilities for licensure compliance as required by Chapter 3721. of the Revised Code;

(2) Administer the survey process for medicare and medicaid certification under Titles XVIII and XIX of the Social Security Act 49 Stat, 620 (1935), 42 U.S.C. 301 , as amended, and the regulations, guidelines, and procedures adopted under those titles, and under Chapter 5111. of the Revised Code and the rules adopted under that chapter, for the following types of providers and suppliers:

(a) Intermediate care facilities for the mentally retarded;

(b) Nursing facilities; and

(c) Skilled nursing facilities;

(3) Develop and conduct educational programs for the staff, residents, and representatives of residents of skilled nursing facilities and nursing facilities as required by titles XVIII and XIX of the Social Security Act, 42 U.S.C. sections 1395i-3(g) and 1396r(g) , as amended. Coordinate and facilitate centers for medicare and medicaid services training for the bureau;

(4) Administer the technical assistance program pursuant to section 3721.026 of the Revised Code and the regulations adopted under that section; and

(5) Administer the state nurse aide competency evaluation program and the approval processes for nurse aide training and competency evaluation programs and the train-the-trainer programs pursuant to sections 3721.28 to 3721.35 of the Revised Code, and sections 1819 and 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and the regulations adopted under those sections;

(6) Analyze data and prepare reports from the minimum data set (MDS) 2.0 submitted under Titles XVIII and XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981) and federal regulations adopted pursuant to those sections;

(7) Investigate allegations of abuse or neglect or misappropriation of the property of resident of a long-term care facility or residential care facility as required by section 3721.23 of the Revised Code, and sections 1819 and 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301 , as amended (1981), and the regulations, guidelines and procedures adopted under those section; and

(8) Coordinate and administer activities pertaining to the fetal development program pursuant to section 2317.56 of the Revised Code;

(9) Coordinate and administer activities pertaining to the medicare balance billing pursuant to section 4769.01 of the Revised Code;

(10) Collect, maintain, and coordinate processing of complaints regarding medicare and medicaid healthcare providers and suppliers regulated by the division of quality assurance, as required by sections 1819 and 1919 of the Social Security Act, 42 U.S.C. 1395aa(a) , 1395 (i-3(g)(4) and 1396(g)(4), as amended (2003), and regarding homes as authorized by section 3721.031 of the Revised Code;

(11) Collect, maintain, and coordinate processing of complaints regarding health care services and health care facilities regulated under sections 3702.11 and 3702.30 of the Revised Code, respectively; and

(12) Coordinate and administer activities pertaining to "do not resuscitate" identification, orders and protocols required by section 2133.25 of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of health care standards and quality are prescribed:

(1) An undergraduate degree, a license as a registered nurse as provided by Chapter 4723. of the Revised Code, a license as a registered sanitarian as provided by Chapter 4736. of the Revised Code, a license as a dietitian as provided by Chapter 4759. of the Revised Code, or a license as a social worker as provided by Chapter 4757. of the Revised Code and three years of broad-based experience in licensure or medicaid and medicare certification; or

(2) Other equivalent combination of education and experience.

Effective: 02/03/2011
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 7/18/81, 9/27/90, 8/4/91, 10/31/91, 1/1/94, 2/24/95, 5/4/95, 2/8/97, 7/21/97, 10/16/98, 3/21/99, 6/19/00, 6/16/03, 5/28/09, 10/12/09