3701-84-05 Compliance actions.

(A) If any provider of a HCS fails to comply with any requirements of section 3702.14 of the Revised Code and Chapter 3701-84 of the Administrative Code, the director shall provide the HCS a reasonable and appropriate amount of time to correct the violation and may:

(1) In accordance with Chapter 119. of the Revised Code, impose a civil penalty based on the severity of the violation as follows:

(a) For violations that present an imminent threat of serious physical or life-threatening danger, or an immediate serious threat to the emotional health, safety or security of patients, a civil penalty of not less than one hundred thousand dollars and not more than two hundred and fifty thousand dollars;

(b) For violations that directly threaten physical or emotional health, safety, or security of patients, a civil penalty of not less than ten thousand dollars and not more than one hundred thousand dollars;

(c) For violations that indirectly threaten of potentially threaten the physical or emotional health, safety, or security of patients, a civil penalty of not less than one thousand dollars and not more than ten thousand dollars; and

(2) In accordance with Chapter 119. of the Revised Code, for a second or subsequent violation of section 3701.14 of the Revised Code or Chapter 3701-84 of the Administrative Code, or for an initial violation the director determines has caused or poses an imminent threat of serious physical or life-threatening danger, issue an order that the HCS cease operation.

(B) In determining which of the actions to take under paragraph (A) of this rule, the director may consider all of the following factors:

(1) The danger of serious physical or life-threatening harm to one or more patients utilizing the health care service;

(2) The nature, duration, gravity, and extent of the violation;

(3) The number, if any, of patients directly affected by the violation;

(4) Whether the violation directly relates to patient care and the extent of the actual or potential harm to patients;

(5) The number of staff involved in the violation;

(6) The actions taken by the provider of the HCS to correct the violation; and

(7) The provider of the HCS's history of compliance.

R.C. 119.032 review dates: 05/11/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3701.11 , 3702.13
Rule Amplifies: 3702.12 , 3702.13 , 3702.14 , 3702.141 , 3702.15 , 3702.16 , 3702.18 , 3702.19 , 3702.20
Prior Effective Dates: 3/1/1997, 3/24/03