4123-17-31 Long-term care loan fund program.

(A) Pursuant to section 4121.48 of the Revised Code, the administrator of workers' compensation shall use the long-term care loan fund program to reimburse nursing home or hospital employers for the interest they pay on loans received for the purpose of purchasing, improving, installing, or erecting sit-to-stand floor lifts, ceiling lifts, other lifts, and fast electric beds, and to pay for the education and training of personnel to implement a facility policy of no manual lifting of residents or patients by employees. The employer shall submit invoices and such other documentation as required by the administrator to verify that the loan was used solely for these purposes.

(B) The administrator of workers' compensation shall reimburse the nursing home or hospital for the interest paid on loans made to the nursing home or hospital by a lending institution.

(1) The bureau will not reimburse an employer for the interest paid on a loan made to the employer for the purpose of renting equipment.

(2) The maximum amount of reimbursement a nursing home or hospital may receive may not exceed the amount of interest that would be owed on a loan of one hundred thousand dollars at the rate of prime plus 2.5 per cent.

(3) The interest rate must be fixed for the loan period.

(4) The loan period cannot exceed five years.

(5) The bureau will make reimbursement to the employer every six months.

(6) Employers who operate more than one nursing home or hospital facility may participate in the program in respect to only one facility at a time.

(7) The lending institution must be an FDIC insured institution.

(C) Eligibility, applications, and restrictions.

(1) In order to be eligible for loans from the long-term care loan fund an employer shall meet the following criteria:

(a) The employer must be a nursing home as defined in section 3721.01 of the Revised Code or a hospital as defined in section 3701.01 of the Revised Code.

(b) The employer must be in compliance with section 4123.35 of the Revised Code.

(c) The employer must be current on any and all undisputed premiums, administrative costs, assessments, fines or moneys otherwise due to any fund administered by the Ohio bureau of workers' compensation.

(d) The employer cannot have cumulative lapses in workers' compensation coverage in excess of fifteen days within the eighteen months preceding the application.

(2) The employer shall apply to participate in the long-term care loan program on the forms provided by the bureau on which the employer shall:

(a) Specify the equipment that is to be purchased, improved, installed, or erected and the cost;

(b) Provide a price quote from the vendor;

(c) Provide the signature of the person duly authorized to sign for the nursing or hospital home administrator;

(d) Answer all questions on the application;

(e) Obtain the signature of the bureau consultant;

(f) Submit the completed application to the bureau.

(3) The employer shall commence the purchase, improvement, installation, or erection of equipment within thirty days of receiving the loan and shall complete the same within ninety days of its receipt, unless expressly approved by the bureau. The bureau shall verify that the loan proceeds are being used for the purpose approved in the application and shall have the right to inspect the employer's workplace for this purpose. The bureau may use the technical assistance of the division of safety and hygiene for such an assessment.

(a) The employer shall provide the bureau documentation of the loan including the interest rate and a loan amortization table from the lending institution upon receipt of the loan.

(4) The administrator will notify applicants who have been approved to participate in the program within two weeks of receipt of the application.

(a) The bureau will process applications in the order of receipt. If the assets available from the fund are insufficient to satisfy the amount of reimbursement requested by the applicants, the administrator shall take into account the following factors to determine whether an employer will be allowed to participate in the program:

(i) Employers who have not previously applied to the program shall have priority over employers who have previously participated in the program.

(ii) No applications shall be approved which will cause the fund to operate at a deficit.

(5) If an employer's coverage lapses during the period the employer is participating in the program, the bureau will not make any reimbursements to the employer until its coverage has been reinstated. If an employer's coverage lapses for more than fifty-nine days during the period the employer is participating in the program, the bureau may terminate making reimbursements under the program.

(6) If the employer defaults on the loan, the employer shall notify the bureau of the default. The bureau may terminate making reimbursements under the program upon receiving notification of the default.

(D) Reconsideration of determination of eligibility.

(1) An employer may request reconsideration from a decision finding the employer did not meet the requirements provided in paragraph (C)(1) of this rule. The request must be in writing and filed with the superintendent of the division of safety and hygiene within thirty days of the notification of the decision.

(2) The employer may submit a request for reconsideration of the superintendent's decision to the adjudicating committee pursuant to section 4123.291 of the Revised Code.

R.C. 119.032 review dates: 11/26/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.48
Rule Amplifies: 4121.48
Prior Effective Dates: 12/19/05, 8/15/07, 12/3/07