3724.10 Reasons for transfer or discharge of resident - notice, hearing.

(A) In the absence of a request from a resident to do so, an administrator may transfer or discharge a resident from a community alternative home only for one or more of the following reasons:

(1) Charges for the resident’s accommodations and services have not been paid within a reasonable time of the date on which they became due;

(2) The medical condition of the resident requires care the home is not licensed to provide;

(3) The safety or welfare of the resident or of another resident requires a transfer or discharge;

(4) The license of the home has been revoked or renewal has been denied;

(5) The operator is closing the home.

(B) The operator shall notify a resident in writing at least thirty days before a transfer or discharge from a community alternative home unless the transfer or discharge is for a reason given in divisions (A)(2) to (5) of this section and an emergency exists. At the request of the resident, the director of health shall conduct a hearing if the transfer or discharge is for a reason given in division (A)(1), (2), or (3) of this section. The notice shall set forth the reasons for the proposed transfer or discharge and, if the resident is entitled to a hearing, shall apprise him of this right and outline the procedure for requesting a hearing.

A request for a hearing shall be submitted to the director within ten days after the resident receives the written notice. The hearing shall be held within ten days after the director receives the request; a representative of the director shall preside. Within five days after the hearing, the director shall issue an order, which may prohibit or place conditions on the discharge or transfer or, in the case of transfer, may require that the transfer be to an institution or facility specified by the director. The hearing is not subject to section 121.22 of the Revised Code.

Effective Date: 11-01-1989