5119.70 Adult care facility definitions.

(A) As used in sections 5119.70 to 5119.88:

(1) “Owner” means the person who owns the business of and who ultimately controls the operation of an adult care facility and to whom the manager, if different from the owner, is responsible.

(2)”Manager” means the person responsible for the daily operation of an adult care facility. The manager and the owner of a facility may be the same person.

(3)”Adult” means an individual eighteen years of age or older.

(4)”Unrelated” means that an adult resident is not related to the owner or manager of an adult care facility or to the owner’s or manager’s spouse as a parent, grandparent, child, stepchild, grandchild, brother, sister, niece, nephew, aunt, or uncle, or as the child of an aunt or uncle.

(5) “Skilled nursing care” means skilled nursing care as defined in section 3721.01 of the Revised Code.

(6)(a) “Personal care services” means services including, but not limited to, the following:

(i) Assistance with activities of daily living;

(ii) Assistance with self-administration of medication, in accordance with rules adopted under section 5119.79 of the Revised Code;

(iii) Preparation of special diets, other than complex therapeutic diets, for residents pursuant to the instructions of a physician or a licensed dietitian, in accordance with rules adopted under section 5119.79 of the Revised Code.

(b) “Personal care services” does not include “skilled nursing care” as defined in section 3721.01 of the Revised Code. A facility need not provide more than one of the services listed in division (A)(6)(a) of this section for the facility to be considered to be providing personal care services.

(7) “Adult family home” means a residence or facility that provides accommodations and supervision to three to five unrelated adults , at least three of whom require personal care services.

(8) “Adult group home” means a residence or facility that provides accommodations and supervision to six to sixteen unrelated adults , at least three of whom require personal care services.

(9)”Adult care facility” means an adult family home or an adult group home. For the purposes of sections 5119.70 to 5119.88 of the Revised Code, any residence, facility, institution, hotel, congregate housing project, or similar facility that provides accommodations and supervision to three to sixteen unrelated adults, at least three of whom require personal care services, is an adult care facility regardless of how the facility holds itself out to the public. “Adult care facility” does not include:

(a) A facility operated by a hospice care program licensed under section 3712.04 of the Revised Code that is used exclusively for care of hospice patients;

(b) A nursing home, residential care facility, or home for the aging as defined in section 3721.01 of the Revised Code;

(d) A residential facility for the mentally ill licensed by the department of mental health under section 5119.22 of the Revised Code;

(e) A facility licensed to provide methadone treatment under section 3793.11 of the Revised Code;

(f) A residential facility licensed under section 5123.19 of the Revised Code or otherwise regulated by the department of developmental disabilities;

(g) Any residence, institution, hotel, congregate housing project, or similar facility that provides personal care services to fewer than three residents or that provides, for any number of residents, only housing, housekeeping, laundry, meal preparation, social or recreational activities, maintenance, security, transportation, and similar services that are not personal care services or skilled nursing care;

(h) Any facility that receives funding for operating costs from the department of development under any program established to provide emergency shelter housing or transitional housing for the homeless;

(i) A terminal care facility for the homeless that has entered into an agreement with a hospice care program under section 3712.07 of the Revised Code;

(j) A facility approved by the veterans administration under section 104(a) of the “Veterans Health Care Amendments of 1983,” 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively for the placement and care of veterans .

(10)”Sponsor” means an adult relative, friend, or guardian of a resident of an adult care facility who has an interest in or responsibility for the resident’s welfare.

(11)”Ombudsperson” means a “representative of the office of the state long-term care ombudsperson program” as defined in section 173.14 of the Revised Code.

(12)”Mental health agency” means a community mental health agency, as defined in division (H) of section 5119.22 5122.01 of the Revised Code, under contract with an ADAMHS board pursuant to division (A)(8)(a) of section 340.03 of the Revised Code.

(13)”ADAMHS board” means a board of alcohol, drug addiction, and mental health services;

(14)”Mental health resident program participation agreement” means a written agreement between an adult care facility and the ADAMHS board serving the alcohol, drug addiction, and mental health service district in which the facility is located, under which the facility is authorized to admit residents who are receiving or are eligible for publicly funded mental health services.

(15) “RSS administrative agency” means an entity that provides administrative services regarding the residential state supplement program on behalf of the department of mental health, either by having entered into a contract with the department to serve in that capacity or by having the department otherwise delegate to it the responsibility to serve in that capacity.

(B) For purposes of sections 5119.70 to 5119.88 of the Revised Coder, personal care services or skilled nursing care shall be considered to be provided by a facility if they are provided by a person employed by or associated with the facility or by another person pursuant to an agreement to which neither the resident who receives the services nor the resident’s sponsor is a party.

(C) Nothing in division (A)(6) of this section shall be construed to permit personal care services to be imposed upon a resident who is capable of performing the activity in question without assistance.

Amended and renumbered by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 7/1/2011.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.

Effective Date: 09-05-2001; 07-01-2005