LAW
Writer®
Ohio Laws and Rules
(A) Definitions.
As used in this rule, the term below has the following meaning:
(1) “Intermediate care facility for the mentally retarded” (ICF-MR) has the same meaning as in section 5111.20 of the Revised Code. Types of institutions that may be certified as ICFs-MR include all of the following:
(a) Residential facilities as defined in section 5123.19 of the Revised Code; and
(b) Nursing homes as defined in section 3721.01 of the Revised Code; and
(c) County homes owned by the county and operated by the county commissioners in accordance with Chapter 5155. of the Revised Code, or operated by the board of county hospital trustees in accordance with section 5155.011 of the Revised Code.
(B) Rights protected by federal regulations.
The rights of residents of ICFs-MR shall include, but are not limited to, resident rights provided for in 42 CFR 483.420 (October 1, 2006).
(C) Legal rights service commission.
Resident protections established by the legal rights service commission for persons with mental retardation or developmental disabilities include but are not limited to those provided for in sections 5123.62 and 5123.65 of the Revised Code.
(D) Rights protected by state statute and regulations.
(1) Residential facilities.
Rights of residents in ICFs-MR licensed as residential facilities are contained in Chapter 5123:2-3 of the Administrative Code; and
(2) Nursing homes.
Rights of residents in ICFs-MR licensed as nursing homes are contained in sections 3721.10 to 3721.17 and 3721.19 of the Revised Code and Chapters 3701-17 and 3701-61 of the Administrative Code.
(E) Additional rights.
The aforementioned rights are in addition to such rights as may be provided for in sections 173.02, 173.19, 3701.07, 3721.021, 3721.18, and 5123.61 of the Revised Code.
Replaces: 5101:3-3-16
Effective: 04/01/2008
R.C. 119.032 review dates: 04/01/2013
Promulgated Under: 119.03
Statutory Authority: 5111.02
Rule Amplifies: 3721.10, 3721.12 to 3721.17, 5123.60 to 5123.65
Prior Effective Dates: 4/7/77, 7/1/80, 9/24/93 (Emer.), 12/24/93, 7/1/00, 7/1/03