Lawriter - OAC - 3701-58-03 Requirements for contract.

3701-58-03 Requirements for contract.

(A) As used in this rule:

(1) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. Practice-related administrative activities may not exceed eight hours per week.

(2) "Part-time practice" means working a minimum of twenty hours and a maximum of thirty-nine hours per week for a minimum of forty-five weeks each service year. Practice-related administrative hours may not exceed four hours per week.

(3) "Provide dental hygiene services without regard to a patient's ability to pay" means that patients with incomes below one hundred per cent of the federal poverty guidelines may not be denied dental services by the dental practice site due to the inability to pay for such services, assuring that any payments or fees for such services will be reduced or waived.

(4) "Teaching activities" means providing clinical education to dental hygiene students regarding the normal course of practice and expertise at the dental practice site specified in the contract. Full-time practitioners may spend up to eight hours per week teaching in the clinical setting at the approved dental practice site. Part-time practitioners may spend up to four hours per week conducting both practice-related administrative activities and teaching in the clinical setting at the approved dental practice site.

In order to qualify as teaching, the dental hygienist must be providing clinical education and supervision of dental hygiene students or clinicians in the approved dental practice site as part of an accredited clinical training program.

All teaching must be conducted in the dental practice site specified in the dental hygienist's contract. If the supervising dental hygienist provides dental hygiene services while the student or clinician observes, the activity should be counted as direct clinical care rather than teaching.

(B) A dental hygienist who has a signed letter of intent under paragraph (F) of the rule 3701-58-02 of the Administrative Code and the department may enter into a contract providing for the dental hygienist's participation in the dental hygienist loan repayment program. The dental hygienist's employer or other funder may also be party to the contract.

(C) The contract shall include all of the following obligations:

(1) Agreement by the dental hygienist to provide dental hygiene services in the dental health resource shortage area identified in a letter of intent for the number of hours and duration specified in the contract;

(2) Agreement by the dental hygienist that, in providing dental hygiene services in the dental health resource shortage area, he or she will do all of the following:

(a) Provide dental hygiene services in a dental practice site approved by the Ohio department of health and agreed upon by the dental hygienist and the director;

(b) Provide dental hygiene services in a dental practice site wherein the supervising dentist or dental practice site meets the conditions prescribed by the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. as amended (1981) and the Ohio department of medicaid for participation in the medicaid program established under Chapter 5163. of the Revised Code and has entered into a contract with the Ohio department of medicaid and it's contracting managed care plans and provides comprehensive dental services to a percentage of recipients of the medicaid program at the approved dental practice site as defined in paragraph (C)(2)(c) of this rule;

(c) Provide dental hygiene services to a percentage of individuals determined eligible for the medicaid program as defined in paragraph (C)(2)(b) of this rule;

(d) Provide dental hygiene services without regard to a patient's ability to pay as defined under paragraph (A)(3) of this rule.

(3) Agreement by the department as provided in section 3702.965 of the Revised Code, to repay, so long as the dental hygienist performs the service obligation to which he or she has agreed under paragraph (C)(1) of this rule, all or part of the dental hygienist's educational expenses as defined in paragraph (G) of rule 3701-58-01 of the Administrative Code.

(4) Agreement by the dental hygienist to pay the department the following as damages if he or she fails to complete the service obligation to which he or she agreed under paragraph (C)(1) of this rule:

(a) Three times the amount the department has agreed to repay under paragraph (C)(3) of this rule; or

(b) If funds from another source are used to repay a portion of the dental hyginist's loans, damages owed if the dental hygienist fails to complete the service obligation will be the damages specified by the other source of funds, or as outlined in paragraph (C)(4)(a) of this rule, whichever is greater.

(5) If the department assumes the dental hygienist's duty to pay a portion of the loan, the contract shall set forth the amount of each payment.

(D) The contract shall include the following terms as agreed upon by the parties:

(1) The dental hygienist's required length of service in the dental health resource shortage area which must be at least two years for an initial contract. Contracts may be renewed for no more than two additional one-year periods;

(2) The number of hours per week the dental hygienist will be in full-time or part-time practice;

(3) The maximum amount the department will repay on behalf of the dental hygienist; and

(4) The extent to which the dental hygienist's teaching activities as defined under paragraph (A)(4) of this rule will be counted toward the dental hygienist's full-time or part-time practice hours under the contract.

(E) In addition to the terms required under paragraphs (C) and (D) of this rule, the contract may contain other terms agreed upon by the parties.


Effective: 4/1/2016
Five Year Review (FYR) Dates: 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 3702.961
Rule Amplifies: 3702.965