3701-83-06 Inspections.

(A) The director may make announced or unannounced inspections as the director considers necessary to determine compliance with section 3702.30 of the Revised Code and the applicable requirements of Chapter 3701-83 of the Administrative Code. The director may notify ASFs, freestanding dialysis centers, freestanding inpatient rehabilitation facilities, and freestanding birth centers prior to conducting announced inspections for initial and renewal licensing. Such prior notification shall be no earlier than thirty days and no later than two weeks prior to start date of the survey.

(B) Immediately upon request, each HCF shall provide the director access to its premises, facility and patient records, including medical records, and staff to enable the director to determine compliance with section 3702.30 of the Revised Code and the applicable requirements of Chapter 3701-83 of the Administrative Code.

(C) Prior to the issuance of an initial license the HCF shall obtain documentation from the state fire marshal or fire prevention officer of a municipal, township, or other legally constituted fire department approved by the fire marshal that the HCF is in compliance with the state fire code. In the case of an HCF regulated by the state fire code, following the initial license the HCF shall obtain documentation, every twelve months and at any other time requested by the director, that the HCF continues to be in compliance with the state fire code.

(D) Information obtained by the director pertaining to specific patients is confidential. Information may be released in summary, statistical, or other form which does not disclose the identity of an individual patient.

(E) The director may conduct an inspection to investigate alleged violations of section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code. The director shall inform the complainant and the HCF of the results of the inspection.

(F) For purposes of this paragraph "follow-up inspection" means an inspection conducted by the department to determine whether an HCF has corrected a violation or violations cited on a previous inspection and to verify whether an HCF is in compliance with the applicable criteria, standards, and requirements established by section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code. "Validation inspection" means an inspection of an HCF that submitted an acceptable accreditation award letter or an approval letter. The HCF fee for inspections conducted by the director pursuant to section 3702.30 of the Revised Code and paragraphs (A) and (E) of this rule shall be as follows:

(1) Inspection fee of one thousand seven hundred fifty dollars;

(2) Complaint inspection fee of eight hundred seventy-five dollars;

(3) Follow-up inspection fee of eight hundred seventy-five dollars;

(4) Validation inspection fee of one thousand seven hundred fifty dollars: and

(5) Desk audit or compliance review inspection fee of two hundred fifty dollars.

(G) Notwithstanding the requirements of paragraph (F) of this rule, the fee for an inspection of a free-standing radiation therapy center or a free-standing diagnostic or mobile imaging center shall be determined as follows. To the extent practicable, inspections done to determine compliance with Chapter 3748. of the Revised Code shall be done concurrently with inspections to determine compliance with Chapter 3701-83 of the Administrative Code.

(1) Inspection fee of nine hundred fifty dollars;

(2) Follow-up inspection fee of four hundred seventy-five dollars;

(3) Complaint fee of four hundred seventy-five dollars; and

(4) Desk audit or compliance review inspection fee of two hundred fifty dollars.

(H) The director shall provide to each HCF inspected pursuant to section 3702.30 of the Revised Code and paragraph (A) or (E) of this rule a written statement of the fee established in paragraph (F) or (G) of this rule. The statement shall itemize the total costs incurred.

(I) Each HCF shall forward the total amount of the fee to the director payable to the "Treasurer, State of Ohio" within fifteen days after receiving a statement of the fee issued under paragraph (F) or (G) of this rule.

(J) The director shall deposit HCF fees into the quality monitoring and inspection fund created in the state treasury pursuant to division (A) of section 3702.31 of the Revised Code.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/19/2011 and 02/10/2016
Promulgated Under: 119.03
Statutory Authority: 3702.13 , 3702.15 , 3702.30
Rule Amplifies: 3702.12 , 3702.13 , 3702.30
Prior Effective Dates: 1/13/1996, 6/27/96, 5/23/98, 7/26/01, 9/5/02, 6/1/06, 4/24/11