This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 173-14-01 | Definitions.
Effective:
November 10, 2025
As used in this chapter: "Action plan" means a plan that that an ombudsman develops in conjunction with the client as part of the complaint-handling process. The plan includes strategies and actions for the ombudsman to take and target dates for the ombudsman to meet. "Advocacy" means planning, preparing, and conducting community education programs, training events, and legislative and other public relations contacts; influencing the formation, implementation, and outcome of public policy affecting clients; representing clients, both individually and collectively, to effect a positive change. "Advocacy visit" means an ombudsman visit to a site where clients receive long-term care services and supports and provides outreach to clients and sponsors; makes observations of the location, client, sponsors, or staff; performs intake of complaints; and makes requests of provider staff on behalf of, and with the consent of, a client. "Affiliated" means being or having a parent, child, sibling, spouse, or household member who is a board member of, a consultant to, or has another relationship by which they may profit from a provider. "AGE" means the Ohio department of aging. "Area agency on aging" (AAA) has the same meaning as in rule 173-2-01 of the Administrative Code. "Business day" means any day that is not a Saturday, Sunday, or legal holiday defined in section 1.14 of the Revised Code. "Client" means a resident of a long-term care facility or the recipient of community-based long-term care services. When appropriate, the term includes a prospective, previous, or deceased resident or recipient. "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code. "Complaint" means an expression of dissatisfaction or concern brought to, or identified by, the ombudsman program, which requires an ombudsman program investigation and resolution on behalf of one or more long-term care clients. "Complaint case records" means confidential records that the office of the SLTCO keeps for complaints that the program handled. "Complaint handling" means all the processes available to handle a complaint, including intake, screening, opening a case, assigning, investigating, attempting resolution, referring, performing follow-up activities, closing a case, and documenting and records retention. "Complex complaint" means a complaint involving a greater depth of investigation, including research and multiple contacts with provider staff or clients, and the development of an action plan as a part of opening a case. "Core ombudsman services" means complaint handling; monitoring the implementation of relevant laws, rules, and policies; establishing a presence in long-term care facilities with clients and long-term care providers; educating residents, their family and facility staff about residents' rights, good care practices, and similar long-term services and supports resources; ensuring residents have regular and timely access to ombudsman services; providing technical support for the development of resident and family councils; advocating for changes to improve residents' quality of life and care; providing information to the public regarding long-term care facilities and services, residents' rights, and legislative and policy issues; representing resident interests before governmental agencies; and seeking legal, administrative, and other remedies to protect residents. "Direct supervision" means in-person instruction and observation followed by discussion of an ombudsman's activity within five business days after the ombudsman performed the activity. "Follow-up activities" means the site visits, phone calls, letters, or interviews that an ombudsman completes after investigating and attempting to resolve a complaint. "General information" means researching and providing information on matters such as entitlement and public benefits programs, access to long-term care services, providing information to prospective clients on the selection of long-term care services using verified and objective information, and referrals to other sources of assistance in those situations where a case is not being opened for complaint handling. "Hour" means a period of sixty minutes. "Immediate family" has the same meaning as in 45 C.F.R. 1324.1. "Legal representative" means a court-appointed guardian, conservator, attorney-in-fact, or executor or administrator of the estate of a deceased client who can give consent or authorization in the matter. "Long-term care facility" has the same meaning as in section 173.14 of the Revised Code. "Long-term care services" means services of a long-term care facility or community-based long-term care provider. "ODIS" means "ombudsman documentation and information system for Ohio." or the system that replaces ODIS. "Office" means the SLTCO, the SLTCO's staff and volunteers, and the staff and volunteers of designated regional long-term care ombudsman programs. "Older Americans Act" means 42 U.S.C. Chapter 35. "Ombudsman" and "ombudsman staff" mean one of the types of an ombudsman listed in rule 173-14-03 of the Administrative Code. "Ombudsman candidate" means a person who is in the certification training process but has not yet passed the certification exam. "Ombudsman services" means core ombudsman services and optional ombudsman services. "Optional ombudsman services" means any SLTCO-approved ombudsman service that is not a core ombudsman service. "Personal care services" has the same meaning as in section 3721.01 of the Revised Code. "Provider" means a long-term care facility or community-based long-term care provider and any corporation, partnership, or person operating the long-term care facility or community-based long-term care provider. "Recipient" has the same meaning as in section 173.14 of the Revised Code. "Regional program," "regional long-term care ombudsman program," and "program" mean an entity, either public or private and nonprofit, that the SLTCO designates as a regional long-term care ombudsman program. "Resident" has the same meaning as in section 173.14 of the Revised Code "Resolved" or "partially resolved" means the status of a complaint after the state office or regional program addresses it to the satisfaction of the client or complainant or addresses it as feasible. "SLTCO" means the state long-term care ombudsman and, depending on the immediate context, includes state-office staff and volunteers with SLTCO-delegated responsibilities. "Sponsor" means a person who has an interest in or responsibility for the welfare of the client. "Sponsor" also includes the meaning of "resident representative" as defined in 45 C.F.R. 1324.1. "Sponsoring agency" means the agency or organization that houses the state office or regional program. "State office" means the SLTCO and those staff members and volunteers of the SLTCO's office at AGE. "Verified" means the status of a complaint after the work (i.e., interviews, record review, observations, etc.) of the state office or regional program determines that the circumstances described in the complaints are mostly or generally accurate.
Last updated November 12, 2025 at 7:52 AM
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Rule 173-14-02 | Types of ombudsman staff and non-representative individuals; identification cards.
Effective:
November 10, 2025
(A)
Ombudsman: (1) There are four types of an ombudsman: (a) Ombudsman
candidate. (b) Ombudsman
associate. (c) Ombudsman
specialist. (d) Ombudsman program
director. (2) Paid staff of the office are certified as either
ombudsman specialists or ombudsman program directors. A regional program may
pay staff who perform only the duties of an associate with the approval of the
SLTCO based on a position description and program effectiveness. Only paid
staff members are eligible to serve as ombudsman program directors. Only a
certified program director is eligible to serve as the SLTCO. (3) The SLTCO shall issue certificates in the form of an
identification card to each certified ombudsman of the office which contain all
of the following: (a) The name of the
ombudsman. (b) The ombudsman's
picture. (c) The type of the
ombudsman and whether the ombudsman is certified; (d) The regional
ombudsman program and program contact information with which the ombudsman is
associated. (e) The expiration
date. (4) An ombudsman candidate may perform limited duties of an
ombudsman outlined in paragraph (A) of this rule. (B) Non-representative individuals: Non-representative
individuals who are affiliated with the office but have not been certified to
perform the duties of an ombudsman outlined in rule 173-14-03 of the
Administrative Code and may include support staff, organizational volunteers,
and non-practice managers. Non-representative individuals are not qualified to
perform any complaint-handling function or access ODIS, but may perform other
duties in conjunction with the program for which they are trained or hold an
appropriate license.
Last updated November 12, 2025 at 7:55 AM
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Rule 173-14-03 | Duties of the representatives of the office.
Effective:
November 10, 2025
(A) An ombudsman candidate may perform the duties of an ombudsman associate or ombudsman specialist while under the supervision of a certified ombudsman specialist or program director. (B) Ombudsman associate: (1) An ombudsman associate may do any of the following: (a) Conduct advocacy visits. (b) Provide information to the public about the ombudsman program and client rights. (c) Make requests of provider staff on behalf of, and with the consent of, a client. (d) Assist with handling complaints while under the supervision of a certified ombudsman specialist, a certified ombudsman program director, or candidates for certified ombudsman specialist or certified ombudsman program director. (2) The regional program shall ensure that associates' activities are recorded in ODIS. Associates may enter their own and other associates' reports into ODIS if approved to do so by the regional program director and granted access to ODIS by the state ombudsman. (C) An ombudsman specialist may do any of the following: (1) Perform the duties of an ombudsman associate. (2) Handle complaints. (3) Provide complaint supervision after successfully completing the first forty hours of professional development and after achieving a minimum score of seventy per cent on the ombudsman deployment exam. (4) Review complaints to set complaint-handling priorities. (5) Assign complaints. (6) Manage volunteer resources, which may include recruiting, screening, training, supervision, evaluation, and recognition of volunteers. (7) Record all reportable ombudsman activity in ODIS, including those activities performed by another ombudsman on their behalf. (D) A certified ombudsman program director serving as a program manager shall perform the following duties and a certified ombudsman program director who is not serving as a program manager may perform the following duties as assigned: (1) Perform the duties of an ombudsman specialist. (2) Assume responsibility for the overall administration and management of the program's core and optional ombudsman services. (3) Assume responsibility for overall supervision of staff. (4) Participate in hiring staff. (5) Establish and review policies and procedures required in rule 173-14-22 of the Administrative Code. (6) Perform quality assurance of core and optional services. (7) Develop, obtain SLTCO approval of, and implement the ombudsman plan and program budget according to rule 173-14-24 of the Administrative Code. (8) Identify where additional resources are needed and develop strategies for raising funds to meet those needs.
Last updated November 12, 2025 at 7:52 AM
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Rule 173-14-04 | Training and certification: hours.
Effective:
November 10, 2025
(A) A candidate may qualify for certification as an ombudsman associate if the candidate successfully completes at least thirty-six hours of ombudsman associate certification training that includes lecture-format education, homework, and field experience and passes the certification exam before performing any ombudsman associate duties without direct supervision by an ombudsman specialist or ombudsman program director. (B) A candidate may qualify for certification as an ombudsman specialist if the candidate successfully completes thirty-six hours of ombudsman specialist certification training and passes an ombudsman specialist deployment exam administered by the SLTCO before handling complaints without direct supervision by a certified ombudsman specialist or a certified ombudsman program director. After the initial thirty-six hours of ombudsman specialist certification training, the candidate shall complete all the following: (1) Sixty additional hours of ombudsman specialist certification training within the first fifteen months of employment. (2) Candidates for ombudsman specialist certification shall be assigned a caseload of no fewer than five cases throughout their enrollment in training. (3) Experiential learning assignments may include the provider orientation described in rule 173-14-08 of the Administrative Code or a similar provider field assignment. (4) Any other training considered appropriate by the SLTCO. (C) The training for an ombudsman program director candidate is the same as in paragraph (B) of this rule with the addition of six hours of education on program management and administration to be completed as soon as feasible. An ombudsman program director candidate shall work under the supervision of the SLTCO until the candidate has completed the initial thirty-six hours of training and the six hours on program management and administration. Within sixty days after completing the required training, the candidate shall take the ombudsman program director exam. All candidates who pass the exam are certified as ombudsman program directors.
Last updated November 12, 2025 at 7:53 AM
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Rule 173-14-05 | Professional development: administration.
Effective:
November 10, 2025
(A) The SLTCO shall provide or govern certification training content for ombudsman program directors, ombudsman specialists, and ombudsman associates. (B) At its own expense, each regional program shall provide its ombudsman candidates with the SLTCO certification training. (C) All training conducted under this rule is based on a curriculum developed or administered by the SLTCO. (D) The SLTCO may give credit for any part of training to a candidate who successfully completed a training requirement or has experience or knowledge in a content area if all the following conditions exist: (1) The request comes from the applicant's ombudsman program director if the applicant is a representative from a regional program or from the applicant if the applicant is a representative of the state office. (2) The request includes evidence of the successful completion of training or the experience.
Last updated November 12, 2025 at 7:53 AM
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Rule 173-14-06 | Professional development: deadlines.
Effective:
November 10, 2025
(A) Candidates shall complete their training, including the certification exam, before the following deadlines: (1) Ombudsman associates: three months after the first day of training No later than sixty days after meeting all the ombudsman associate training requirements, the candidate shall take the ombudsman associate exam. (2) Ombudsman specialists and ombudsman program directors: as soon as practicable, but no later than fifteen months after the date of employment. No later than sixty days after meeting all training requirements, the candidate shall take the ombudsman specialist exam. (B) The SLTCO may grant a deadline extension to a candidate if all the following occur: (1) The candidate applies to the regional program director for the extension or applies to the SLTCO for the extension if the candidate is a program director or staff or volunteer of the state office. (2) The candidate applies at least thirty days before their training deadline or as soon as practicable if extenuating circumstances occur, such as an illness in the immediate family, unexpected changes in the candidate's living circumstances, employment conflicting with the training program, and time constraints. (3) The candidate's application states the applicant's reasons for requesting an extension. (4) The candidate shows probable success for becoming certified. (C) A candidate's failure to complete training, to take an exam in a timely manner, or to present an acceptable request for an extension is cause for removal as a candidate. For paid candidates, the SLTCO shall provide a notice and hearing process in accordance with rule 173-14-27 of the Administrative Code before removing a candidate for failure to successfully complete training or to take an exam in a timely manner.
Last updated November 12, 2025 at 7:53 AM
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Rule 173-14-07 | Training and certification: curricula.
Effective:
November 10, 2025
(A) 45 C.F.R. 1324.13(c)(2)(iii) and 1324.13(d) establish a requirement for all program staff or volunteers who have access to residents, files, records, and other information of the ombudsman program who are subject to disclosure requirements to undergo training to be certified as an ombudsman. (B) Ombudsman associates: The certification training curricula for all candidates seeking certification as ombudsman associates includes instruction in all the following topics: (1) The state long-term care ombudsman program: scope of the office, roles, responsibilities, authorities, and federal and state regulations. (2) Ombudsman ethics and conflict of interest. (3) The resident and the resident experience. (4) Putting the resident first and resident rights. (5) Long-term care settings (types of providers, methods of payment for services). (6) Access and communication(interpersonal communication, observation, building relationships). (7) Consent, capacity, and confidentiality. (8) Cognitive impairment, including Alzheimer's disease and related dementias. Topics to include: (a) Overview of Alzheimer's disease and related dementias. (b) Communication techniques. (c) Advocating for persons with cognitive impairment. (9) Facility visits, regular presence, and advocacy and general information activities. (10) Long-term care ombudsman program complaint handling. (11) Documentation. (12) Any additional topic that the SLTCO deems as appropriate. (C) Ombudsman specialists: (1) The initial thirty-six hours of certification training under paragraph (B) of rule 173-14-04 of the Administrative Code includes the following topics: (a) A more in-depth review of the topics covered for candidates for certification as ombudsman associates, including written exercises, case studies, role plays, research exercises, and analysis of systemic issues. (b) Complaint-handling protocol, as outlined in rule 173-14-16 of the Administrative Code. (c) Overview of quality assurance practices. (d) Systems advocacy skills. (e) How and when it is permissible to represent a client in a hearing, to appeal a proposed transfer, discharge, service/benefit denial, or termination. (f) Complex case handling. (g) How to recruit and engage volunteers. (h) Any additional topic the SLTCO deems as appropriate. (2) The sixty additional hours of certification training under paragraph (B)(1) of rule 173-14-04 of the Administrative Code includes the following experiential learning activities: (a) Field observation. (b) Documentation review and discussion with supervisor. (c) Shadowing and assisting experienced ombudsman staff performing core services. (d) Observing or participating in discharge hearings and ODH/ODMHAS surveys, when available. (e) Any additional topic that the SLTCO deems as appropriate. (D) Ombudsman program directors: The certification training curricula for all candidates seeking certification as an ombudsman program director includes the following topics: (1) All the professional development topics for candidates for ombudsman specialists under paragraph (C) of this rule. (2) Administering the program. (3) Program management. (4) Supervision. (5) Managing core ombudsman services and data. (6) Prioritization of a regional program's services and activities. (7) Developing an ombudsman plan. (8) Fiscal management. (9) Policy development. (10) Any additional topic that the SLTCO deems as appropriate.
Last updated November 12, 2025 at 7:53 AM
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Rule 173-14-08 | Training and certification: experiential learning.
Effective:
November 10, 2025
(A) An ombudsman candidate may observe and receive instruction in the provider's operation and procedures at an SLTCO-approved experiential learning site in a manner that is consistent with the respect and privacy requirements established in division (A) of section 3721.13 of the Revised Code. (B) No long-term care provider may serve as an experiential learning site unless approved by the SLTCO. (C) The regional ombudsman program director, on behalf of the staff of the regional program and the staff of the state office, shall request approval of an experiential learning site from the SLTCO. No site qualifies as an approved experiential learning site unless the site meets the following qualifications: (1) The site is licensed and certified according to all applicable state laws. (2) The site is in substantial compliance with any applicable state or federal laws. (3) The site agrees to serve as an experiential learning site. (4) The site agrees to provide an experiential learning activity that is satisfactory to the SLTCO. (D) The regional ombudsman program director may employ other field assignments as experiential learning activity with the approval of the SLTCO.
Last updated November 12, 2025 at 7:53 AM
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Rule 173-14-10 | Deployment and certification exams.
Effective:
November 10, 2025
(A) Deployment and certification exams: The SLTCO shall develop deployment and certification exams that are fair and that test candidates on content received through the training under rule 173-14-05 of the Administrative Code. Any time curriculum is modified, and at least once per year to the extent practicable, the SLTCO shall validate the exams to ensure they are fair and test candidates on material provided through the training under rule 173-14-05 of the Administrative Code. (B) Deployment exams: The SLTCO shall notify the candidate and the candidate's regional director in writing of the SLTCO's approval of deployment. (C) Certification exams: (1) The state office shall provide a review of the curriculum tested on the certification exam to candidates for certification as ombudsman specialists and ombudsman program directors before administering the certification exam if the state office trained the candidates and the candidates are eligible to take the certification exam. (2) The regional programs shall proctor and score any exam given to candidates for associate certification. The state office shall proctor all exams given to candidates for specialist, program director certification, and associates affiliated with the state office. (3) The SLTCO shall notify the candidate and, when appropriate, the regional program director, of the result. The SLTCO may provide a list of suggested continuing education topics or technical assistance to the candidate and, when appropriate, the regional program director. The regional programs may provide technical assistance to candidates. (4) The SLTCO shall provide each candidate and the candidate's supervisor with an opportunity for a proctored review of the candidate's exam during the thirty-day review period after the SLTCO releases the candidate's results. After the thirty days, the SLTCO shall destroy the exam according to state record retention schedules.
Last updated November 12, 2025 at 7:54 AM
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Rule 173-14-11 | Ombudsman registry; hiring ombudsman specialists and program directors.
Effective:
November 10, 2025
(A) Ombudsman administrative system: The SLTCO shall maintain an ombudsman administrative system to retain the following information on each ombudsman: (1) The ombudsman's name, address, and telephone number. (2) The ombudsman's qualifications. (3) The ombudsman's classification. (4) The designated ombudsman region or state program with which the ombudsman is associated. (5) Whether or not the ombudsman is certified. (6) Any limitations applicable to the ombudsman, including limitations on the duties the ombudsman may perform and limitations on the providers with which the ombudsman may provide core ombudsman services due to a conflict of interest. (B) Hiring ombudsman specialists: (1) Before posting an open specialist position in the ombudsman program, a regional program shall provide the SLTCO a copy of the position description for review and feedback. (2) Before offering employment to an applicant for an ombudsman specialist position, a regional director shall save in the ombudsman administrative system, and await the SLTCO's review of, the applicant's résumé, and the conflict of interest screen under rule 173-14-15 of the Administrative Code. (3) The SLTCO shall review the applicant's qualifications under rule 173-14-14 of the Administrative Code and any proposed conflict of interest remedy and responds within five business days after the regional director saved the information in paragraph (B)(2) of this rule in the ombudsman administrative system to indicate whether the applicant is approved or not approved. (C) Hiring program directors: (1) A sponsoring agency shall do all of the following before offering employment to an applicant for a program director position: (a) Review the applicant's résumé. (b) Review the applicant's conflict of interest screen under rule 173-14-15 of the Administrative Code. (c) Forward the information in paragraphs (C)(1)(a) and (C)(1)(b) of this rule to the SLTCO. (d) Consider the SLTCO's feedback on the applicant's suitability. The SLTCO may request to interview the applicant concerning the applicant's suitability before providing the sponsoring agency with feedback. (2) The sponsoring agency's decision to hire a qualified applicant is final after considering SLTCO feedback on conflict of interest and qualification issues. (D) Section 173.15 of the Revised Code does not allow employment of an applicant who was employed by, or participated in, the management of a provider of long-term services and supports within the two-year period before being employed by or associated with the office.
Last updated November 12, 2025 at 7:54 AM
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Rule 173-14-12 | Separation of representatives from the office.
Effective:
November 10, 2025
The separation of an ombudsman from the office may occur through termination by the regional program or sponsoring agency with which the ombudsman is employed, decertification, voluntary separation, or removal of the candidate for certification. (A) Decertification or removal of a candidate for certification: (1) No ombudsman may be decertified or removed as a candidate for certification without cause. Cause includes, but is not limited to, the following: (a) Failure to provide services according to sections 173.14 to 173.27 of the Revised Code, this chapter, the service contract, or the approved ombudsman plan. (b) Performing a function not recognized or sanctioned by the office. (c) Failure to meet the qualifications to be a ombudsman. (d) Failure to meet continuing education requirements. (e) Intentional failure to reveal a conflict of interest. (f) The misrepresentation of the ombudsman's category of certification or the duties the ombudsman is certified to perform. (g) Failure to perform official duties in good faith. (h) Conduct unbecoming an ombudsman of the office. (i) Violations of Ohio ethics laws. (2) The SLTCO and sponsoring agencies may attempt to improve a ombudsman's job performance through training, supervision, or other remedial actions before recommending decertification. (3) Regional program directors, sponsoring agencies, and SLTCO staff recommending decertification or removal shall state their reasons in writing to the SLTCO and provide the SLTCO with any relevant documentation to support the recommendation. (4) The SLTCO shall review the recommendation and determine whether to accept or deny the recommendation in the form of a written notice to the sponsoring agency, regional program director, and the ombudsman. A paid ombudsman may appeal the notice according to rule 173-14-27 of the Administrative Code. (5) When the SLTCO initiates a decertification action against an ombudsman, the SLTCO shall notify the sponsoring agency, the regional program, and the ombudsman. A paid ombudsman may appeal the notice according to rule 173-14-27 of the Administrative Code. (B) Responsibilities after separation: (1) The SLTCO or regional program director shall notify any person who separates from the office in writing of the responsibility to surrender the identification card within seven days after receiving the notice because any person who separates from the office ceases to be an ombudsman. (2) Regional programs shall notify the SLTCO of the separation of any ombudsman from the office and the reason for the separation no later than thirty days after the separation of a volunteer and immediately after the separation of a paid ombudsman. (3) As appropriate, regional programs shall notify affected long-term care providers of the ombudsman's separation from the office. (C) Reinstatement: (1) Any person seeking recertification within one year after voluntarily separating from the office may apply for reinstatement in writing, email, or through the ombudsman administrative system. The application shall provide the date of separation and a summary of any training in or experience with ombudsman skills, long-term care services, problem resolution skills, or related skills the applicant received since voluntarily separating from the office. (2) The SLTCO shall review the application and may require the applicant to receive additional training, and/or take an appropriate exam based on the length of time the applicant has been away from the field, and the experience or training the applicant has accumulated in the interim. The SLTCO shall decide no later than five business days after receipt of the request.
Last updated November 12, 2025 at 7:54 AM
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Rule 173-14-13 | Continuing education requirements, approval of hours, certifying fulfillment.
Effective:
November 10, 2025
(A) Each ombudsman shall complete the following annual continuing education requirements: (1) Ombudsman associate: eighteen hours. (2) Ombudsman specialists: eighteen hours with a minimum of nine of those hours earned through attendance at SLTCO-sponsored education. (3) Ombudsman program directors: eighteen hours with a minimum of nine of those hours earned through attendance at SLTCO-sponsored education and with at least one session on the training outlined in paragraph (D) of rule 173-14-07 of the Administrative Code. Topics of sessions may include, but are not limited to, supervision of staff, quality assurance practices, strategic planning, and interviewing, hiring, and retention of potential staff. The required hours of continuing education shall be prorated for any ombudsman who has been certified for fewer than twelve months. (B) Continuing education sessions shall meet the following requirements: (1) The individual(s) presenting the session has documented expertise in the content area. (2) The session transmits knowledge relevant to the duties of a long-term care ombudsman. (3) The session has not been held for the purpose of individual or group supervision. (C) (1) The SLTCO shall notify each ombudsman of the credits that may be earned through attendance at an SLTCO-sponsored session before the date on which the session is scheduled and may assign credit for successfully completing the session. (2) An ombudsman or a program designee shall enter all requests for credit toward their continuing education requirements into the ombudsman administrative system or by email to the SLTCO or the SLTCO's designee before, or as soon as practicable after, actual attendance at the session. All requests for continuing education credit shall contain the following: (a) The name of the session and the name of the entity that organized or sponsored the session. (b) A brief summary of the session's content. (c) The name of the presenters at the session and a statement addressing their expertise in the content of the session. (d) The length of the session, including the length of any time the ombudsman spent presenting. (e) An explanation of how the session relates to the duties of the ombudsman. (f) Proof of completion, if requested by the SLTCO. (3) The SLTCO shall approve continuing education credits in terms of face-to-face contact hours or one-tenth parts of an hour earned. The SLTCO shall notify each ombudsman of the approval or disapproval of their requests as soon as practicable. (4) An ombudsman may meet this rule's continuing education requirements with credits that were also counted toward the continuing education requirements of other professional organizations or boards. (D) (1) The regional programs shall track the hours of continuing education accumulated by their volunteers and the SLTCO shall track the hours of continuing education accumulated by the paid and volunteer staff of the state office. All continuing education shall be reported through the ombudsman administrative system according to instructions provided by the state office. (2) By December first of each year, a state review shall be completed to ensure the continuing education requirements for each ombudsman have been fulfilled. According to instructions provided by the state office, regional programs shall enter records of volunteer continuing education into the ombudsman administrative system by December fifteenth of each year and retain records on continuing education as long as the ombudsman remains affiliated with the office. After records are entered into the ombudsman administrative system, physical records may be destroyed. (E) If continuing education requirements cannot be fulfilled before each year's deadline, a ombudsman may demonstrate extenuating circumstances or give an explanation to the ombudsman program director or to the SLTCO. (1) In the case of a regional program volunteer, if the explanation or extenuating circumstances are not acceptable to the ombudsman program director, the program director shall notify the SLTCO. (2) In the case of a paid ombudsman, if the explanation or extenuating circumstances are not acceptable to the SLTCO, the SLTCO shall notify the ombudsman and program director or sponsoring agency director, as appropriate. (3) The SLTCO may consider the performance of the ombudsman and allow the ombudsman to obtain the missing hours of continuing education by March thirty-first of the subsequent year. Any hours carried over from a previous year do not count toward the continuing education requirements of the subsequent year. (F) An ombudsman who does not meet the annual continuing education requirement, or within the extension period if approved by the SLTCO based on a demonstration of extenuating circumstances, shall be decertified according to rule 173-14-12 of the Administrative Code. The notice and hearing process for a paid ombudsman is subject to rule 173-14-27 of the Administrative Code.
Last updated November 12, 2025 at 7:54 AM
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Rule 173-14-14 | Staffing requirements, staff qualifications, and background checks.
Effective:
November 10, 2025
(A) Staffing
requirements: Each regional program shall have a full-time program director. If
a sponsoring agency administers more than one regional program, each regional
program shall have full-time supervision provided by a certified ombudsman
program director in that region, unless otherwise approved by the state
ombudsman. (B) Staff
qualifications: (1) Ombudsman
candidate: To accept a candidate for certification as an ombudsman candidate,
the state or regional program shall either hire a person as a paid staff member
or accept the person as a volunteer staff member. The state or regional program
may hire or accept a person only if the person: (a) Is at least eighteen years of age; and, (b) Has the ability to understand and empathize with the
concerns of clients of long-term care services. (2) Ombudsman
specialist: A regional program may designate a person to be an ombudsman
specialist only if the person is at least a registered nurse or has earned a
bachelor of science degree in nursing, or a bachelor of arts or bachelor of
science degree in social work, social services, or a health-related field. Any
paid ombudsman specialist who does not meet this requirement may substitute
commensurate experience or education to meet the education qualification with
the approval of the SLTCO. (3) Ombudsman
program director: A regional program may designate a person to be the ombudsman
program director only if the person meets both of the following
requirements: (a) The person is at least a registered nurse or has earned
a bachelor of science degree in nursing, or a bachelor of arts degree or a
bachelor of science degree in social work, social services, a health-related
field, or any other related field. Any paid ombudsman program director who does
not meet this requirement may substitute commensurate experience or education
to meet the education qualification. (b) The person has one year's experience in
supervision/management in the fields of aging, long-term care, health care,
social services, advocacy, or investigation with the approval of the
SLTCO. (4) Background
checks: Section 173.27 of the Revised Code and paragraph (C) of this rule
establish background-check requirements for hiring an applicant for, or
retaining an employee in, a paid ombudsman position. (C) Background
checks for paid ombudsman positions: (1) Definitions for
paragraph (C) of this rule: "AGE means the Ohio department of aging. "Applicant" means a person that a responsible
party is giving final consideration for hiring into a paid ombudsman position
that is full-time, part-time, or temporary, including the position of state
long-term care ombudsman or regional director. "Applicant" does not include a
volunteer. "BCII" means "the bureau of criminal
identification and investigation" and includes the superintendent of
BCII. "Criminal records" has the same meaning as
"results of the criminal records check," "results," and "report" in section
173.27 of the Revised Code when the section uses "results of the criminal
records check," "results," and "report" to refer to the criminal records that
BCII provides to responsible parties that conduct criminal records checks.
Criminal records originate from BCII unless the context indicates that the
criminal records originate from the FBI. "Criminal records check" ("check") means the
criminal records check described in section 173.27 of the Revised Code. "Disqualifying offense" means any offense
listed or described in divisions (A)(3)(a) to (A)(3)(e) of section 109.572 of
the Revised Code. "Employee" means a person that a responsible
party hired into a paid ombudsman position that is full-time, part-time, or
temporary, including the position of the state long-term care ombudsman or
regional director. "Employee" does not include a volunteer. "FBI" means "federal bureau of
investigation." "Fire" has the same meaning as "terminate" in
section 173.27 of the Revised Code when the "terminate" regards firing an
employee. "Hire" has the same meaning as "employ" in
section 173.27 of the Revised Code when "employ" regards hiring an
applicant. "Minor drug possession offense" has the same
meaning as in section 2925.01 of the Revised Code. "Ombudsman position" has the same meaning as
"position that involves providing ombudsman services to residents and
recipients" in section 173.27 of the Revised Code. "Ombudsman position"
includes the positions of ombudsman associate, ombudsman specialist, and
ombudsman program director. "Release" has the same meaning as "terminate"
in section 173.27 of the Revised Code when "terminate" regards releasing a
conditionally-hired applicant. "Responsible party": When hiring an applicant
for, or retaining an employee in, a paid ombudsman position as the state
long-term care ombudsman, "responsible party" means AGE's director. When hiring
an applicant for, or retaining an employee in, a paid ombudsman position in the
office of the state long-term care ombudsman, "responsible party" means the
state long-term care ombudsman. When hiring an applicant for, or retaining an
employee in, a paid ombudsman position as the director of a regional program,
"responsible party" means the regional program. When hiring an applicant for,
or retaining an employee in, a paid ombudsman position in the regional program,
"responsible party" means the regional program. "Retain" has the same meaning as "continue to
employ" in section 173.27 of the Revised Code. "Volunteer" means a person who serves in an
ombudsman position without receiving, or expecting to receive, any form of
remuneration other than reimbursement for actual expenses. (2) Reviewing
databases: (a) Databases to review: Any time this rule requires a
responsible party to review an applicant's (pre-hire) or employee's (post-hire)
status in databases, the responsible party shall review the seven databases
listed in paragraphs (C)(2)(a)(i) to (C)(2)(a)(vii) of this rule. In the table
below, AGE listed the web address (URL) on which each database was accessible
to the public at the time of this rule's adoption. If a URL listed in the table
becomes obsolete, please consult with the government entity publishing the
database for an updated URL. | SAM | https://www.sam.gov/ | | OIG | https://exclusions.oig.hhs.gov/ | | Abuser Registry | https://its.prodapps.dodd.ohio.gov/ABR_Default.aspx | | ODM Provider Exclusion and SuspensionList | https://medicaid.ohio.gov/resources-for-providers/enrollment-and-support/provider-enrollment/provider-exclusion-and-suspension-list | | Sex-Offender Search | http://www.icrimewatch.net/index.php?AgencyID=55149&disc= | | Offender Search | https://appgateway.drc.ohio.gov/OffenderSearch | | Nurse-Aide Registry | https://nurseaideregistry.odh.ohio.gov/Public/PublicAbuseListing |
(i) The United States general services
administration's system for award management, which is maintained pursuant to
subpart 9.4 of the federal acquisition regulation. (ii) The office of inspector general of
the United States department of health and human services' list of excluded
individuals and entities, which is maintained pursuant to 42 U.S.C. 1320a-7 and
1320c-5. (iii) The
department of developmental disabilities' online abuser registry, established
under section 5123.52 of the Revised Code, which lists people cited for abuse,
neglect, or misappropriation. (iv) The department
of medicaid's online provider exclusion and suspension list
(https://medicaid.ohio.gov/resources-for-providers/enrollment-and-support/provider-enrollment/provider-exclusion-and-suspension-list). (v) The Ohio attorney general's sex
offender and child-victim offender database, established under division (A)(1)
of section 2950.13 of the Revised Code. (vi) The department of rehabilitation and
correction's database of inmates, established under section 5120.66 of the
Revised Code. (vii) The
department of health's state nurse aide registry, established under section
3721.32 of the Revised Code. If the applicant or employee does not present
proof that he or she has been a resident of Ohio for the five-year period
immediately preceding the date of the database review, the responsible party
shall conduct a database review of the nurse aide registry in the state or
states in which the applicant or employee lived. (b) When to review databases: (i) Applicants (pre-hire): The
responsible party shall review each applicant's (pre-hire) status in the
databases before conducting the criminal records check under paragraph (C)(3)
of this rule. (ii) Employees (post-hire): The
responsible party shall review each employee's (post-hire) status in the
databases before conducting the criminal records check under paragraph (C)(3)
of this rule. (c) Disqualifying status: (i) No responsible party may hire an
applicant or retain an employee if the applicant's or employee's status in the
databases reveals that one or more of the databases in paragraphs (C)(2)(a)(i)
to (C)(2)(a)(vi) of this rule lists the applicant or employee or the database
in paragraph (C)(2)(a)(vii) of this rule lists the applicant or employee as a
person who abused, neglected, or exploited a long-term care facility resident
or misappropriated such a resident's property. (ii) If the responsible party's database
reviews reveal that the applicant or employee is disqualified, the responsible
party shall inform the applicant or employee of the disqualifying
information. (3) Criminal
records checks: when to check criminal records, inform applicants, charge fees,
and use forms. (a) Database reviews first: The responsible party shall
conduct database reviews on each applicant (pre-hire) and each employee
(post-hire) before conducting a criminal records check. If the database reviews
disqualify the applicant or employee, the responsible party shall not conduct a
criminal records check. If the database reviews do not disqualify the applicant
or employee, the responsible party shall conduct a criminal records
check. (b) Procedures:
Section 173.27 of the Revised Code and Chapter 109:5-1 of the Administrative
Code establish the procedures for conducting criminal records
checks. (c) When to check criminal records: (i) Applicants (pre-hire): The
responsible party shall conduct a criminal records check on each
applicant. (ii) Employees (post-hire): According to
one of the following three schedules, the responsible party shall conduct a
post-hire criminal records check on each employee at least once every five
years: (a) Five-year schedule: The responsible party shall conduct
a criminal records check on the employee no later than thirty days after the
fifth anniversary of the employee's date of hire and no later than thirty days
after each five-year anniversary. A responsible party that follows this
schedule is not required to wait until the employee's five-year anniversary to
conduct a criminal records check. The responsible party has five years, plus
thirty days, to conduct the next check. (b) Less-than-five-year schedule: The responsible party may
conduct criminal records checks on an employee more frequently than every five
years. If the responsible party checks more frequently than every five years,
the responsible party is not required to conduct criminal records checks
according to the five-year schedules. If a responsible party complies with the
requirements for rapback, the responsible party is conducting criminal records
checks on a daily basis, which is a less-than-five-year schedule. (d) Special
situations: (i) Reverification: If any person
requested a criminal records check on an applicant or employee in the past year
that included sealed criminal records in a BCII report, the responsible party
may request a reverification of the criminal records from BCII. The
reverification of the criminal record has the same validity as the criminal
records received during the past year. (ii) Divisions (E)
and (F) of section 173.27 of the Revised Code establishes standards for when to
request that BCII obtain information from FBI as part of the criminal records
check on the applicant or employee. (4) Conditional
hiring: A responsible party may conditionally hire an applicant for a paid
ombudsman position for up to sixty days if the responsible party complies with
all requirements and limitations under division (F) of section 173.27 of the
Revised Code. This paragraph does not subject employees who hold paid ombudsman
positions to a conditional status when they undergo post-hire criminal records
checks. (5) Disqualifying
offenses: The disqualifying offenses for this rule are the same as the
disqualifying offenses listed in rule 173-9-06 of the Administrative
Code. (6) Hiring an
applicant, or retaining an employee, who has a disqualifying offense on
criminal record: There are four possible ways to hire an applicant, or retain
an employee, if the applicant's or employee's criminal record contains a
disqualifying offense: not being in a period of disqualification under
paragraph (A) of rule 173-9-07 of the Administrative Code, limited
grandfathering under paragraph (B) of rule 173-9-07 of the Administrative Code,
obtaining a certificate under paragraph (C) of rule 173-9-07 of the
Administrative Code, or being pardoned under paragraph (D) of rule 173-9-07 of
the Administrative Code. (7) Confidentiality: Criminal records are not public
records. The responsible party shall make criminal records available only to
the people or entities listed under division (G) of section 173.27 of the
Revised Code. (8) Records
retention: (a) Personnel files: (i) What to retain: To verify compliance
with this rule, for each applicant the responsible party hired and each
employee the responsible party retained, the responsible party shall retain
electronic or paper copies of the following records: (a) The result of each of the database
reviews. (b) Any criminal records including reverified records
received as a result of a check conducted to comply with section 173.27 of the
Revised Code. (c) The written attestation to the character and fitness of
the employee, if the responsible party completed a written attestation before
April 1, 2013 to comply with paragraph (B)(3) of rule 173-9-07 of the
Administrative Code. (d) A certificate of qualification for employment, if a
court issued a certificate of qualification for employment to the
employee. (e) A certificate of achievement and employability, if the
department of rehabilitation and corrections issued a certificate of
achievement and employability to the employee. (f) A pardon, if a governor pardoned the
employee. (g) The date the responsible party hired the
employee. (ii) Sealed files: The responsible party
shall retain the records required under paragraph (C)(8)(a)(i) of this rule by
sealing the records within each applicant's or each employee's personnel files
or by retaining the records in separate files from the personnel
files. (b) Roster: A responsible party shall maintain a roster of
applicants and employees, accessible by AGE's director (or the director's
designees), that includes all the following: (i) The name of each applicant and
employee. (ii) The date the responsible party hired
the employee. (iii) The date the
responsible party requested criminal records from BCII. (iv) The date the responsible party
received criminal records from BCII. (v) A determination of whether the
criminal records revealed that the applicant or employee committed a
disqualifying offense(s). (D) Background
checks for volunteers in ombudsman positions: Because section 173.27 of the
Revised Code excludes volunteers from the definitions of "applicant" and
"employee," volunteers are not subject to the background check requirements in
section 173.27 of the Revised Code or paragraph (C) of this rule when they
apply to volunteer or after they become volunteers. A responsible party may
conduct a criminal records check on a volunteer if the responsible party
complies with rule 109:5-1-01 of the Administrative Code.
Last updated November 12, 2025 at 7:54 AM
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Rule 173-14-15 | Conflicts of interest.
Effective:
November 10, 2025
(A) Definitions for this rule: (1) "Conflict of interest" has the same meaning as described or defined in 42 U.S.C. 3058g(f), 45 C.F.R. 1324.21, or Chapter 102. of the Revised Code. (2) "Financial interest" means an ownership interest or investment in a provider by an ombudsman or the immediate family member of the ombudsman of the office. (3) "Remedy" means an action, restriction of action, restriction of contact, or other means proposed to the SLTCO that would neutralize a conflict of interest and ensure the conflict does not adversely influence the activities of the ombudsman on behalf of the office. (4) "Waiver" means the SLTCO has determined sufficient circumstances exist to eliminate a conflict of interest and the need to remedy a conflict of interest. (B) No employee or ombudsman of the office, no individual involved in designating, hiring, evaluating, or terminating a regional program director, and no governing board member, may have an unremedied conflict of interest. (C) Actions prohibited by someone holding a remedied conflict of interest include, but are not limited to, actions taken to influence any decision or action of an ombudsman, which could be characterized as interference with or reprisals against an ombudsman or as causing hesitation on the part of an ombudsman to vigorously investigate a client's complaint. No ombudsman may provide core ombudsman services involving a long-term care provider with which the ombudsman was formerly employed, with which the ombudsman was formerly or is currently affiliated or associated, from which an immediate family member receives long-term care services, or that poses any other conflict of interest unless the SLTCO grants a waiver. (D) On initial designation and annually thereafter, the SLTCO, the regional programs, and the sponsoring agencies shall screen potential and existing non-representative employees of the program, potential candidates, and each existing ombudsman; individuals involved in designating, hiring, evaluating, or terminating the head of any regional program; and potential and existing governing board members for conflicts of interest. When completed, the person who conducted the screen and the person screened shall acknowledge the completion of the screen in writing or electronically. The completed screening form and a résumé shall be entered into the ombudsman administrative system, made a record of the program, and be subject to program review. (E) Before offering an ombudsman position to an applicant or training a volunteer, the sponsoring agencies and/or regional program directors shall report any identified conflict of interest, and may propose a remedy, to the SLTCO. The SLTCO shall report any identified conflict of interest in the state office and propose a remedy to AGE's director or chief ethics officer. Within five business days after receiving a proposed remedy, the SLTCO or AGE's director or chief ethics officer shall review the nature, scope, and extent of the conflict and determine whether to allow the proposed remedy. The proposed remedy shall be entered into the ombudsman administrative system; reveal the nature, extent, and potential impact of the conflict of interest; and neutralize the conflict of interest. Current employment with any type of provider is a conflict of interest that cannot be remedied. Any remedy granted shall remain in effect for as long as the conflict continues to exist to the same extent as reported and for as long as the remedy continues to work. Conflict of interest screens and proposed remedies or waiver requests shall be entered into the ombudsman administrative system. Examples of remedies which may be approved include, but are not limited to, remedies that assure the following: (1) The independence of the ombudsman to provide unbiased investigations, successful problem resolution, advocacy services, and other ombudsman services. (2) That no employee, ombudsman, or governing board member having a conflict of interest is involved with or influences any decision to hire, appoint, evaluate, or terminate an ombudsman. (3) That no employee, ombudsman, or governing board member having a conflict of interest is involved with or influences the designation of any regional program. (4) That no governing board members having a conflict of interest in their capacity as board members are involved in a complaint being handled by the program involving the entity that is the source of the conflict of interest. (5) That any governing board members having a conflict of interest in their capacity as board members have declared any conflict of interest regarding a complaint or advocacy issue, and excused themselves from deliberations and voting on the issue. (6) That the governing board's by-laws, the organization's position descriptions, and personnel policies reflect procedures to identify and remedy conflicts of interest and ensure independence of action for the program and any ombudsman in that program. (F) Before offering an ombudsman position to an applicant or training a volunteer, the sponsoring agencies and/or regional program directors shall report any identified conflict of interest, and may request a waiver of a conflict of interest from the SLTCO in the ombudsman administrative system, or if the SLTCO requests the waiver, from AGE's director or chief ethics officer, by revealing the nature, scope, extent, and potential impact of the conflict of interest and whether sufficient circumstances exist to eliminate the conflict of interest. Within five business days after receiving a waiver request, the SLTCO or AGE's director, as appropriate, shall review the nature, scope, extent, and potential impact of the conflict and shall determine whether or not sufficient circumstances exist to eliminate a conflict of interest and approve the waiver. (1) Any conflict of interest not waived or remedied, and any prohibition resulting therefrom, shall be recorded in the ombudsman administrative system. (2) The SLTCO may take into consideration the following when determining whether to grant a waiver: (a) The length of time an individual was affiliated with a provider. (b) The view of the SLTCO of the objectivity of the individual. (c) The position held by the individual when working for a provider. (d) The change in the ownership and/or management of a provider and the length of time since the change in ownership and/or management. (G) No ombudsman may hold a position or perform a duty that would constitute a conflict of interest. (H) Deliberate failure to disclose any conflict of interest or any prohibition is sufficient grounds for the removal of the candidate from the training program, the decertification of an ombudsman, or the withdrawal of the designation of the regional program involved.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-16 | Complaint-handling protocol.
Effective:
November 10, 2025
An ombudsman shall identify, investigate, and
resolve complaints made by, or on behalf of, clients and relate to the action,
inaction, or decisions of providers or representatives of providers of
long-term care services, public agencies, or health and social services
agencies that may adversely affect the health, safety, welfare, or rights of
clients (including the welfare and rights of clients with respect to the
appointment and activities of guardians and representative payees). This rule establishes the requirements for handling
complaints that are not listed under division (C) of section 173.19 of the
Revised Code. (A) Complaint intake: (1) Any ombudsman
may receive a complaint over the telephone, in person, or by letter or
electronic communication. A complaint generated by the office itself is
considered to be a received complaint. The mode of communication in which a
complaint is received is deemed consent to communicate with the complainant
through that mode of communication. The ombudsman shall explain to a complainant
who uses email that email is not always a secure mode for sharing confidential
information. (2) According to
guidance provided by the SLTCO, an ombudsman shall explain to the complainant
the general ombudsman process and options for handling the specific complaints)
presented and gather information needed to determine the response time, whether
there is a conflict of interest, and what, if any, steps have been taken
previously. (3) To ensure
timely access to facilities, residents, and records, the ombudsman may also
request the names and contact information of residents and their legal
representatives or sponsors from long-term care facilities. (4) An ombudsman
shall refer complaints identified in rule 173-14-17 of the Administrative Code
to the SLTCO. (5) The ombudsman
program shall analyze the urgency of the complaint based on the information
received at the time of intake and prioritize response times that reflect the
severity of each complaint, with more urgent response times for complaints that
indicate potential harm to the client. A program that receives a complaint that
indicates probable physical harm shall respond by the end of the next business
day. The program shall notify the SLTCO immediately if a complaint indicates
probable physical harm to the client and an ombudsman cannot respond before the
end of the next business day. The program shall then prioritize all abuse,
neglect, and exploitation complaints and other complaints that are time
sensitive. (B) Investigation: (1) Representatives
shall investigate complaints to determine if those complaints are verified. The
steps in an investigation include, but are not limited to, the
following: (a) An in-person
interview with the client. (b) An on-site
visit to where the services that are the subject of the complaint were provided
to make observations. (c) Direct contact
by in-person contact, a telephone call, video conference, email, or by letter
with the complainant if the complainant is different from the
client. (d) Determining
capacity and obtaining consent from the client. (e) Obtaining a
clear problem statement and goal statement from the client. (f) Informing the
client of the ombudsman role, process, and possible steps in the investigation,
as described in paragraph (A)(2) of this rule, and developing an action
plan. (g) Revealing any
known conflict(s) of interest to the client and/or complainant's
goals. (h) Identifying the
participants and relevant agencies. (i) Identifying
action already taken to handle or resolve the complaint. (j) Determining
gaps in the information. (k) Gathering
factual information through interviews with those persons with potential
knowledge including, but not limited to, the complainant, the client, other
agencies, and the provider's staff, management, or owners. (l) Researching
regulations and laws. (m) Reviewing
relevant client, provider, or government records. (n) Engaging
volunteer ombudsman staff when available and as appropriate. (2) The
investigating ombudsman does not need to exhaust one step before starting
another or follow them in the order given in paragraph (B)(1) of this
rule. (C) Complaint resolution: Strategies for
the resolution of a complaint shall be established in action plans developed in
conjunction with the client or the client's representative and may include, but
are not limited to, the following: (1) Client or
complainant empowerment. (2) Negotiation. (3) Mediation. (4) Referral to
other agencies. (5) Education. (6) Advocacy for
clients at involuntary discharge hearings, navigating grievance and appeal
processes, and appealing adverse benefit determinations, but not representation
at a state hearing held according to Chapter 119. of the Revised
Code. (7) Legislative
advocacy after consultation with the SLTCO. (8) Public
disclosure after consultation with the SLTCO. (D) Complaint follow-up activities: The
ombudsman shall perform follow-up activities on complaints in a time frame
appropriate to the complaint and resolution. (E) Closing a case: Before closing a
case, the ombudsman shall inform the client and, if appropriate, the
complainant, that ombudsman activity will cease. an ombudsman may cease
activity when any of the following occurs: (1) The complaint
has been resolved or explained to the client's satisfaction. (2) The ombudsman
determines that no further activity by the ombudsman will produce satisfaction
for the client. (3) The complaint
has been withdrawn. (F) Conflict of interest: (1) An ombudsman
shall comply with Ohio's ethics laws and this rule when handling
complaints. (a) An ombudsman
who has been assigned a complaint shall reveal to the program director and the
client and/or complainant any other relationship with the provider, public
agency, or person involved that may call into question the ombudsman's
objectivity or effectiveness in handling the complaint. These types of
relationships may include, but are not limited to, having previously worked for
or with a current employee of the provider, having an immediate family member
who works for the provider, or having worked for the public agency involved in
the complaint. (b) An ombudsman
who has a conflict of interest shall disclose the conflict to the regional
program director, or if an ombudsman of the state office has the conflict of
interest, to the SLTCO. (c) On receiving
notice of the potential conflict of interest, the SLTCO or the regional program
director involved shall review the facts of the relationship to determine
whether the ombudsman is able to handle the complaint in an objective and
effective manner. If the director of the regional program has a
conflict of interest, the review shall be completed by the SLTCO. When the SLTCO has a conflict of interest,
the review shall be completed by AGE's director or the director's designated
senior staff member. (2) The regional
programs shall develop policies and procedures consistent with rule 173-14-22
of the Administrative Code to prohibit any ombudsman of a regional program from
handling a complaint involving a service directly delivered by the program's
sponsoring agency. The policy shall provide that when the regional program is
part of an AAA and the complaint concerns screening, assessments, care
coordination, case management, or other decisions on client-specific services
made by the AAA, the ombudsman shall reveal the relationship to the client
and/or complainant and obtain the approval of the SLTCO. The decision to permit
an ombudsman to handle such a complaint shall be documented in the case record.
The client and/or complainant shall be informed of any decision to refer the
complaint to the SLTCO and shall be informed of the reasons for the
referral. (G) Confidentiality: (1) In a manner
that complies with 42 U.S.C. 3027(a)(12)(C), 3058d(a)(6)(C), 3058g(a)(5)(D),
3058g(d), and 3058i(e)(2); 45 C.F.R. 1321.9(a)(3), 1324.11(e)(3), 1324.13(e),
1324.15(f), 1324.17(b), and 1324.19(b); and section 173.22 of the Revised Code,
regional programs shall develop policies and procedures to maintain complaint,
advocacy, and general information records, including, but not limited to,
volunteer reports, in a confidential manner; to address the storage,
maintenance, and physical access to all written and electronic complaint,
advocacy, and general information records; and to assure that such records are
in a secure location and that access to the files is limited to personnel
authorized to review records. (2) No employee or
ombudsman who has a conflict of interest may review a complaint case record if
the conflict of interest is of a type which would have kept an ombudsman from
handling the complaint. (3) No ombudsman
may reveal identifying information about an individual providing information
about a complaint without the individual's consent unless facilitated by state
legal counsel in response to a court order. (4) Any ombudsman
who receives a subpoena or other request for ombudsman records, to attend a
deposition, or to give testimony in court shall notify the SLTCO immediately.
The SLTCO shall engage legal counsel to take appropriate legal action to
protect the confidentiality of information, the persons who provided
information, public entities, and the confidential records of clients and of
providers. (5) Except as
otherwise provided by rule 173-14-15 of the Administrative Code, at the request
of the provider, person, or parties against whom the complaint has been filed,
and subject to paragraphs (G)(1), (G)(2), and (G)(4) of this rule, the
ombudsman shall state the verification status of the complaint in question and
whether the case has been opened or closed. (H) Consent: (1) An ombudsman
shall conduct ombudsman services in a manner that protects the identity of the
client, complainant, or individual providing information about a complaint,
unless the client, complainant, or individual providing information about a
complaint has provided consent to reveal their identity. Consent may be given
in the following ways: (a) In writing or
email by the complainant, for the complainant, or by the client, for the
client. The ombudsman shall use a written consent form provided by the
SLTCO. (b) Verbally, when
the urgency of the complaint makes receiving written consent before an
investigation impracticable. The ombudsman shall indicate verbal consent in the
case record. (2) When the
complainant or client is unable to give consent due to diminished capacity or
death, consent may be given in the following ways: (a) When there is a
legal representative: (i) In writing by the legal representative of the
complainant or client on a written consent form provided by the SLTCO, or
through the use of auxiliary aids and services. (ii) Verbally, by
the legal representative of the complainant or client, when receiving written
consent from the appropriate person is not practicable. The ombudsman shall
indicate verbal consent in the case record. (b) When there is
no legal representative, when the legal representative is unknown to the
ombudsman or the provider, when the legal representative cannot be reached
within three business days after the date on which a complaint was received, or
when the estate of a deceased client has no legal representative, consent may
be given by the sponsor the ombudsman determines the client would have chosen.
If there is no sponsor, the ombudsman may proceed with the approval of the
SLTCO. (3) If the legal
representative or sponsor refuses to authorize an investigation and the
ombudsman has reasonable cause to believe the legal representative or sponsor
is not acting in the best interest of the client, the ombudsman may proceed
with the investigation if approved by the SLTCO. (4) (a) An ombudsman
shall obtain consent to review a client's medical records. Consent may be given
in any of the following ways: (i) In writing by the client. (ii) Verbally by
the client, witnessed in writing at the time it is given by one other person as
chosen by the client. If a witness chosen by the client is not available, the
ombudsman shall document the verbal consent in the case record. (iii) In writing by
the guardian of the client. (iv) .In writing by
the client's attorney-in-fact, if the client authorized the attorney-in-fact to
give consent. (v) In writing by the executor or administrator of the
estate of a deceased client. (vi) Through the
use of auxiliary aids or services. (b) If consent to
access records is not refused by a client or the client's legal representative,
but cannot be obtained, a ombudsman, on approval of the SLTCO, may inspect the
client's records, including medical records, if reasonably necessary to
investigate a complaint in any of the following circumstances: (i) The client is unable to express written or verbal
consent and there is no guardian or attorney-in-fact. (ii) The client has
a guardian or attorney-in-fact, but the guardian or attorney-in-fact cannot be
contacted within three business days. (iii) The client
has a guardianship or durable power of attorney, but its existence is unknown
by the long-term care provider and the ombudsman at the time of the
investigation. (iv) There is no
executor or administrator of the estate of a deceased client. (c) The ombudsman
shall demonstrate to the SLTCO that the ombudsman consulted with a sponsor
chosen by the client about access to records whenever possible. (5) When the SLTCO
or ombudsman personally witnesses suspected abuse, gross neglect, or
exploitation of a client, the SLTCO or ombudsman shall seek informed consent
from the client to disclose identifying information to appropriate
agencies. (a) If the client
is able to communicate informed consent, or has a sponsor chosen by the client
available to provide informed consent, the SLTCO or ombudsman shall follow the
direction of the client or sponsor. (b) If the client
is unable to communicate informed consent, and has no sponsor available to
provide informed consent, the SLTCO or ombudsman shall open a case with the
SLTCO or ombudsman as the complainant, follow the complaint-handling protocol
and refer the matter and disclose identifying information to the management of
the long-term care provider and/or to the appropriate investigative entity in
the following circumstances: (i) The SLTCO or ombudsman has no evidence indicating the
client would not want a referral to be made. (ii) The SLTCO or
ombudsman has reasonable cause to believe disclosure would be in the best
interest of the client. (iii) The ombudsman
obtains the approval of the SLTCO. (I) The SLTCO may establish special
complaint-handling requirements for optional ombudsman services.
Last updated November 12, 2025 at 7:56 AM
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Rule 173-14-17 | Referral of complaints to the state long-term care ombudsman.
Effective:
November 10, 2025
(A) A regional program director or designee shall refer any of the following complaints to the SLTCO: (1) A complaint posing a conflict of interest that cannot be remedied by reassigning the complaint to another ombudsman. (2) A complaint the client wants the SLTCO to investigate. (3) A complaint that is identified as frivolous, vexatious, or not made in good faith. (4) A complaint made so long after the actual occurrence that it is no longer reasonable to investigate. (5) A complaint for which an adequate investigation cannot be conducted because of insufficient funds, staff, expertise, or similar factor that could result in an inadequate investigation. (6) A complaint for which an injunction is sought against a long-term care facility for a violation of the residents' bill of rights pursuant to sections 3721.10 to 3721.18 of the Revised Code. (B) The SLTCO shall determine whether referred complaints warrant investigation. The SLTCO's determination in this matter is final. (C) The SLTCO shall provide updates on the progress and disposition of a case to the referring regional program. For those complaints which the SLTCO determines do not warrant investigation, the SLTCO shall notify the client and/or complainant, if possible, and the regional program of the reasons to not investigate the complaint.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-18 | Referrals of complaints to other agencies.
Effective:
November 10, 2025
(A) All referrals made by an ombudsman shall contain the pertinent facts known to the ombudsman and be subject to the confidentiality and consent requirements in rule 173-14-16 of the Administrative Code. Any confidential information transmitted shall be marked as confidential. (B) (1) An ombudsman may report any violation of provider licensing laws or standards, or medicare/medicaid certification laws or standards, discovered during the course of complaint handling to the agency responsible for enforcing those laws or standards. (2) An ombudsman may report any violations of professional licensing laws or standards discovered during the course of complaint handling to the appropriate professional board or organization. (3) An ombudsman may report any violation of the provider agreement, medicaid discrimination laws, nursing home waiting list requirements, personal needs allowance laws, medicaid covered services provisions, or facility transfer plans discovered during the course of complaint handling to the department of medicaid. (4) To the extent permitted by federal law, an ombudsman may report to an appropriate authority any suspected violation of state law discovered during the course of an advocacy visit or investigation.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-19 | Case records and reporting of core services.
Effective:
November 10, 2025
(A) Reporting: (1) The complaint case record shall include only objective observations of items revealed during the course of the investigation, including the client's physical condition, behavior, conversations, and when appropriate to a complex complaint, any data required in ODIS. (2) Reporting of advocacy and general-information services shall include only the objective information required in ODIS. (3) Representatives shall report all activity in ODIS within six days after the activity is performed. (B) Records retention: The regional programs shall use the same records-retention schedules as the SLTCO. (C) Access: (1) Access to complaint case records and other reports of ombudsman activity contained in ODIS is limited to an ombudsman. (2) Information contained in any records, including complaint case records, maintained by the office or by court order. The SLTCO's discretion is subject to the considerations under 45 C.F.R. 1324.13(e)(2). (3) An outside party may request a record (either in whole or in part), deposition, or testimony in an administrative or judicial proceeding by making a request to the office or the regional program responsible for the client's service area. (4) The SLTCO or the SLTCO's designee shall secure consent by one of the means under paragraph (H) of rule 173-14-16 of the Administrative Code. (5) The SLTCO or the designee of the SLTCO may consult with, and obtain services from, assigned legal counsel as needed. (6) When an ombudsman advocates for a client at an administrative hearing (e.g., discharge hearing, medicare/medicaid appeal hearing) according to an agreed-upon action plan, the ombudsman may present records obtained during the course of investigation, including medical records, according to ombudsman laws, rules, and policies to protect confidentiality.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-20 | Systems advocacy.
Effective:
November 10, 2025
(A) Systems advocacy includes, but it not limited to, evaluating and making known concerns and issues regarding long-term care by doing all of the following: (1) Prepare an annual report, according to 42 U.S.C. 3058g(h)(1), 45 C.F.R. 1324.13(g) and 1324.15(l)(1), and division (A)(8)(a) of section 173.17 of the Revised Code, that includes the information and findings regarding the types of problems experienced by consumers of long-term care, the complaints made by or on behalf of clients, and recommendations for policy, regulatory, and legislative changes to solve problems, resolve complaints, and improve the quality of care and life for consumers of long-term care. (2) Monitor and analyze, according to 42 U.S.C. 3058g(a)(3)(G)(i) and 45 C.F.R. 1324.15(l)(2), the development and implementation of federal, state, and local laws, regulations, and governmental policies and actions regarding long-term care services in this state and recommending changes to officials that the office considers appropriate in these laws, regulations, and governmental policies and actions. (3) Provide information and recommendations, according to 42 U.S.C. 3058(a)(3)(G)(ii), (h)(1)(F), (h)(2), and (h)(3) and 45 C.F.R. 1324.13(a)(7)(v), to public and private agencies, members of the general assembly, the media, and others regarding the problems and concerns of consumers of long-term care. (B) 42 U.S.C. 3058g(a)(3)(G) requires the SLTCO to personally, or through ombudsman staff, analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other government policies and actions pertaining to long-term care providers and services and to the health, safety, welfare, and rights of consumers of long-term care, and to recommend any changes in such laws, regulations, and policies as the office determines appropriate. (C) 42 U.S.C. 3058g(a)(3)(E), (a)(3)(G), (a)(3)(H)(ii), and (a)(3)(H)(iii); 45 C.F.R. 1324.11(e)(5); and 45 C.F.R. 1324.13(a)(7)(iv) to (a)(7)(vii), (a)(8), and (a)(9) allow the SLTCO, as head of the office, to independently make determinations and establish positions of the office without representing the determinations or positions of AGE or another state agency regarding the following: (1) Recommend changes in federal, state, and local laws, regulations, policies, and actions pertaining to the health, safety, welfare, and rights of consumers of long-term care. (2) Provide information and recommendations, when appropriate, to public and private agencies, legislators, the media, and other persons regarding the problems and concerns of consumers of long-term care. The SLTCO has discretion to disclose files, records, or other information of the office subject to the considerations under 45 C.F.R. 1324.13(e)(2). (D) The SLTCO shall seek input from ombudsman staff and stakeholders. The SLTCO may consult with AGE and other stakeholders to make determinations and establish positions of the SLTCO by any of the following methods: (1) Provide public forums to discuss concerns and problems relating to governmental action, inaction, or decisions that may adversely affect the health, safety, welfare, or rights of consumers of long-term care and their representatives by providers, public agencies and entities, and social service agencies. (2) Conduct public hearings. (3) Sponsor workshops and conferences. (4) Hold meetings to obtain information about consumers of long-term care, discuss and publicize their needs, and advocate for solutions to their problems. Any information provided at a meeting that is a complaint is subject to the standards for consent under paragraph (H) of rule 173-14-16 of the Administrative Code. (5) Promote the development of citizen organizations. (E) Each ombudsman shall adhere to the determinations and positions of the office of the SLTCO as established by the SLTCO.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-21 | Designated long-term care ombudsman regions.
Effective:
November 10, 2025
(A) ODA publishes the list of region designations on its website. (B) When requested by the SLTCO, nothing in this rule prohibits one regional program from providing ombudsman services in another region in the discretion of the SLTCO.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-22 | Initial designation of regional long-term care ombudsman programs: standards.
Effective:
November 10, 2025
(A) No sponsoring agency may serve as a regional long-term care ombudsman program unless designated by the SLTCO. (B) Except as otherwise provided in paragraph (A) of this rule, no sponsoring agency may qualify as a fully-designated regional program unless it complies with all the following structural standards: (1) Be a tax-exempt organization. (2) Have a governing board with responsibility to ensure compliance with all program and contract requirements; all relevant federal and state statutes, regulations, and policies; and ensure program integrity and stability. (3) Comply with the prohibitions against unremedied organizational conflicts of interest under 45 C.F.R. 1324.21. (4) Ensure sufficient physical and digital security to maintain confidentiality of records and privacy of clients. (5) Have no employee or ombudsman, no individual involved in designating, hiring, evaluating, or terminating a regional program director, and no governing board member with an unremedied conflict of interest. (6) Retain the type of qualified staff required under rule 173-14-14 of the Administrative Code. (7) Maintain an incoming toll-free telephone line dedicated to the regional ombudsman program that is answered during normal business hours by an ombudsman. (8) Have the capacity to develop policies and procedures that conform to all federal and state statutes, regulations, and policies, including on the following topics, and provide these policies and procedures to the SLTCO within six months after designation for the SLTCO's review for approval and on request, and make these policies and procedures available to an ombudsman in the regional program: (a) Complaint prioritization. (b) Case assignment. (c) Recruiting, screening, training, and supervising ombudsman staff. (d) Quality assurance. (e) Personnel policies for every ombudsman. (f) Emergency preparedness procedures including continuity of operations using an all-hazards approach and coordination with emergency management agencies. (9) Maintain nonprofit directors and officers liability insurance.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-23 | Initial designation of regional long-term care ombudsman programs: process.
Effective:
November 10, 2025
The SLTCO may designate a sponsoring agency as a new regional long-term care ombudsman program (regional program) only if the sponsoring agency complies with all the structural standards established in paragraph (B) of rule 173-14-22 of the Administrative Code and submits a complete ombudsman plan that is approved by the SLTCO in accordance with paragraph (D) rule of this rule. The SLTCO may designate a temporary regional program as needed. The SLTCO may designate a program as provisional on its initial designation. (A) The SLTCO shall adhere to the following process when designating a sponsoring agency to serve as a new regional program: (1) Issue a request for proposal (RFP), in consultation with the AAA, that does all of the following: (a) Seeks sponsoring agencies willing to serve as the regional program. (b) Identifies all the standards that a sponsoring agency needs to qualify for designation as a regional program. (c) Establishes a deadline of thirty days after responding to the RFP for the sponsoring agency to provide the SLTCO with an ombudsman plan and documents to support the sponsoring agency's claim to meet the standards under paragraph (A)(1)(b) of this rule. (2) Conduct an on-site visit to each of the eligible agencies responding to the RFP to verify the facts presented in each proposal and, at the SLTCO's discretion, include the AAA serving the region to participate in the on-site visit. (3) Review the ombudsman plans of all proposals submitted and, at the SLTCO's discretion, consult with the AAA, then choose the agency that is most appropriate to serve as the regional program. (4) Notify the AAA and responding agencies of the SLTCO's decision and the right of every agency not chosen to request a hearing to appeal the SLTCO's decision according to Chapter 119. of the Revised Code. (5) Notify the chosen agency of its designation year. (B) Any sponsoring agency receiving initial or temporary designation as a regional program shall enter into a contract with the AAA or the SLTCO that, at a minimum, specifies the following: (1) The regional program's geographical region. (2) A requirement for the regional program to comply with all state and federal laws, regulations, policies and procedures governing the office of the SLTCO. (3) A requirement for the regional program to comply with all AGE policies and procedures relating to contractors. (4) A requirement for the regional program to comply with all of the reporting requirements in rule 173-14-19 of the Administrative Code. (C) Summary and action plans: (1) The SLTCO shall develop a summary and action plan in conjunction with the initial or temporary designation of each newly designated regional program to address areas of positive practices and concern and specify actions for the regional program to take to correct problem areas or any violation of the law or the structural standards that are discovered during the initial designation process. (2) Once the summary and action plan has been issued, the regional program's director, AAA, or sponsoring agency involved in the designation process has fourteen calendar days to provide written or electronic comments to the SLTCO on the content of the summary and action plan. If these parties do not provide written or electronic comments to the SLTCO within fourteen calendar days, the summary and action plan takes effect on the fifteenth day. If these parties provide written or electronic comments to the SLTCO within fourteen calendar days, the SLTCO shall take the comments into consideration when finalizing the summary and action plan. (3) The SLTCO shall provide the technical assistance or conduct the visits under the terms of the summary and action plan. If appropriate, the SLTCO may perform a program review to monitor the implementation of the summary and action plan. (D) The sponsoring agency shall submit an ombudsman plan for regional programs seeking initial or temporary designation that addresses the following: (1) Complaint handling, including, intake, screening, complaint investigation, complaint resolution, and follow-up activities. (2) Provide a regular presence, including increasing awareness of the program and its functions to clients, sponsors, providers, social services, and the aging network. (3) Public education and information, including increasing awareness of the program and long-term care issues. (4) Identify systemic issues, monitor the development and implementation of policy by agencies that impact client's lives, coordinate and advocate with relevant agencies and the legislature, and document the progress of systemic reform. (5) Representation at hearings and legal representation, including defining the types of hearings in which a regional program ombudsman provides representation and develop how the regional program ensures legal representation is provided to clients in other cases. (6) Training ombudsman staff, including assuring that a volunteer ombudsman can pass the appropriate certification exam, and develop a continuing education program targeted to the needs of the ombudsman. (7) Recruit, screen, retain, and supervise a volunteer ombudsman, including increase the number of volunteer hours and increase the capacity of volunteers to do such activities as complaint handling, establish presence, observe, monitor issues and providers, and provide information to the public. (8) Fundraising, including identifying where additional resources are needed, and developing fundraising strategies to meet those needs. (9) Program administration, including developing the ombudsman plan; increasing the skills of administrative staff in such areas as fund-raising, accounting methods, performance appraisals, supervising personnel, and similar administrative activities. (10) Internal quality assurance process, including identifying problems in the delivery of core ombudsman services and developing objectives, action steps with timelines, and outcome standards for correcting the problems. (11) Core services. (12) Optional services, if approved by the SLTCO, including defining those services delivered by the regional program that are not core services and developing goals, objectives, action steps with timelines, and outcome standards for measuring the success and impact of the services. (13) Each provision under paragraphs (A) and (B) of rule 173-14-24 of the Administrative Code. (14) Other areas of program operation identified by the SLTCO.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-24 | Development of ombudsman plans by all programs.
Effective:
November 10, 2025
(A) Each regional program in conjunction with the SLTCO shall develop an ombudsman plan with a budget that describes activities to cover at least one year and program development. Plans may include the future development of funding sources or the future direction of the program. The SLTCO may waive the requirement, or extend the deadline, to develop an ombudsman plan or parts of an ombudsman plan as the SLTCO deems appropriate. (B) The SLTCO may approve ombudsman plans only if those plans meet the following qualifications: (1) Goals are useful, achievable, and in keeping with the core services and intent of the SLTCO office's goals. (2) Objectives are rational to the goals. (3) Action steps lead to achieving the stated objectives. (4) Timelines are reasonable. (5) Outcome standards are rational to the service, measurable, and quantified as much as possible. (6) Potential impact is clearly described. (7) Budget supports the plan. (C) The ombudsman plans for regional programs deemed to need additional oversight by the SLTCO shall address the items listed under paragraph (D) of rule 173-14-23 of the Administrative Code. (D) Regions shall update the progress towards the goals of the plan periodically, at the request of SLTCO.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-25 | Designation service reviews and additional program reviews.
Effective:
November 10, 2025
(A) The SLTCO shall conduct a designation service review (DSR) no less frequently than every two years to determine whether the regional program may continue its designation as a regional long-term care ombudsman program. In addition to the DSR, the SLTCO may conduct additional program reviews whenever service delivery problems occur within the region served by a regional program. The SLTCO may invite a regional program's sponsoring agency to participate in the review of the regional program. Additionally, an AAA may conduct a fiscal review of a regional program that is independent of the SLTCO's program review if the AAA informs the SLTCO of the results of its fiscal review. (B) When conducting the DSR, the SLTCO shall review the following, and for an additional review, the SLTCO may review any of the following: (1) The program's continued compliance with the structural standards established under rule 173-14-22 of the Administrative Code. (2) The program's continued compliance with all applicable state and federal laws, regulations, policies, and procedures. (3) The program's continued maintenance of program policies and procedures under rule 173-14-22 of the Administrative Code. (4) A random selection of at least fifteen of the program's complaint case records to determine the quality of the program's complaint-handling efforts and to determine whether the program complies with the case handling protocol under rule 173-14-16 of the Administrative Code. (5) The program's attainment of the outcomes and objectives under its current ombudsman plan. (6) The program's performance on SLTCO-established quality measures. (7) The program's advocacy and information service. (C) The SLTCO shall have access to all necessary records including, but not limited to, governing board minutes, conflict of interest screening forms, quality assurance records, client satisfaction surveys, training records, and volunteer records. (D) On completion of a DSR or additional program review, the SLTCO may develop and issue an action plan for quality (APQ) in conjunction with the regional program according to rule 173-14-23 of the Administrative Code. (E) Within twenty business days after completing a DSR or additional program review, the SLTCO shall provide the regional program, the sponsoring agency, and the AAA having jurisdiction in the designated region with written notification of the results of the DSR or additional program review, including the APQ. The date of notification following a DSR shall begin the new designation period.
Last updated November 12, 2025 at 7:57 AM
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Rule 173-14-26 | Changes in a regional program's designation status; notice rights; and hearing requirements.
Effective:
November 10, 2025
(A) The SLTCO may withdraw, or change to provisional, the designation of a regional program for cause. Cause may include any of the following: (1) The regional program's failure to follow policies and procedures, or provide services, that comply with sections 173.14 to 173.27 of the Revised Code, this chapter, all relevant sections of the Older Americans Act, or other related federal laws regulating the activities of the office, the policies and procedures of the office, the service contract, or an approved ombudsman plan. (2) The regional program's failure to meet structural standards in rule 173-14-22 of the Administrative Code. (3) The development of an unremedied conflict of interest involving the regional program, its sponsoring agency, or an individual associated with either. (4) The misfeasance, malfeasance, or nonfeasance of an ombudsman or agency employee. (B) The SLTCO shall provide the regional program with a notice of provisional designation that includes the SLTCO's reason for the provisional designation, specifies the changes or corrections necessary for the program to come into compliance, and the deadline to come into compliance. A regional program may appeal the SLTCO's decision to provisionally designate the program according to Chapter 119. of the Revised Code. (C) The SLTCO may withdraw the designation of a regional program when the scope and severity of the cause is of such a nature that corrections are not likely to be successfully implemented. The SLTCO may presume such failures when any of the following occurs: (1) The cause is found to involve a disregard the requirements in paragraph (A) of this rule. (2) The pattern of problems is repeated and correction is unlikely. (3) Attempted corrections of problems by the regional program have not been successful. (4) The regional program failed to implement the requirements of the notice of provisional designation. (D) The SLTCO shall give the regional program notice of the decision to withdraw the regional program's designation that includes the SLTCO's reason for the withdrawal of the designation. The sponsoring agency may appeal the SLTCO's decision according to Chapter 119. of the Revised Code. (E) A regional program may voluntarily withdraw its designation as a regional long-term care ombudsman program by providing the SLTCO with a written notice of its intent ninety days before the date upon which the program expects the withdrawal of designation to take place. (F) The sponsoring agency of a regional program that voluntarily withdraws its designation or that has had its designation withdrawn by the SLTCO shall surrender intact to the SLTCO all ombudsman case records; documentation of core services in ODIS according to rule 173-14-19 of the Administrative Code; the identification cards of each ombudsman; any equipment purchased with title III or title VII funds awarded under the Older Americans Act, the long-term care ombudsman state subsidy, bed fee monies; and the balance of any state, federal, or bed fee monies it has been allocated as a result of its designation as a regional ombudsman program on the effective date of the regional program's de-designation or voluntary withdrawal of designation, or as otherwise agreed to by the regional program and the SLTCO. (G) The SLTCO shall ensure the continuation of ombudsman services in any designated region in which a regional program's designation was withdrawn voluntarily or by the SLTCO. (H) Notice: The SLTCO shall notify a regional program's sponsoring agency of any change in the designation of its regional program and include all of the information required by Chapter 119. of the Revised Code. (I) All appeal hearings are subject to Chapter 119. of the Revised Code.
Last updated November 12, 2025 at 7:58 AM
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Rule 173-14-27 | Decertification of a certified ombudsman or removal of an ombudsman candidate for certification.
Effective:
November 10, 2025
(A) In all cases where the SLTCO seeks to decertify a certified ombudsman or to remove an ombudsman candidate for certification, the SLTCO shall notify the party against whom action is to be taken, as well as the regional program with which the party is affiliated and the regional program's sponsoring agency, if applicable. On receipt of the notice, the sponsoring agency shall ensure the ombudsman is relieved of all complaint-handling duties requiring contact with clients or providers until all appeals have been exhausted and a final determination has been made. The SLTCO shall comply with Chapter 119. of the Revised Code when providing notice to the certified ombudsman or ombudsman candidate, and request that the ombudsman provide the SLTCO with any written explanation or extenuating circumstances connected to the SLTCO's decision. (B) AGE's director shall designate an independent hearing officer to preside over the hearing. A decision in favor of the ombudsman results in a reinstatement to the performance of all duties of the office. A decision in favor of the SLTCO, and after all appeals have been exhausted, requires the ombudsman to return any identification card.
Last updated November 12, 2025 at 7:58 AM
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Rule 173-14-28 | Bed fee collection guidelines.
Effective:
November 13, 2025
(A) The Ohio department of aging (AGE) shall collect an annual bed fee of six dollars for each bed maintained for resident use by each of the facilities listed in division (A) of section 173.26 of the Revised Code. (B) Annually, AGE shall provide each of the facilities described in paragraph (A) of this rule with an invoice requesting payment of the bed fee. The invoice shall include all the following information: (1) The time period covered by the invoice. (2) The basis for calculating the amount owed by the facility. (3) The deadline for receipt of payment, which shall be thirty days after the date indicated on the invoice. (4) The available methods of payment, including the following: (a) Paying through the invoice portal (https://payment.age.ohio.gov/). (b) Mailing a check or money order to the address listed for payment on the invoice. (5) The consequences of non-payment. (C) Division (A) of section 173.26 of the Revised Code requires a facility that fails, within ninety days after the deadline for receipt of payment, to pay the bed fee to be assessed at two times the original invoiced amount. (D) For purposes of section 131.02 of the Revised Code, AGE shall certify to the attorney general any non-payment within one hundred and twenty days after the mailing date on the invoice.
Last updated November 13, 2025 at 7:41 AM
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Rule 173-14-29 | Response to allegations about ombudsman performance.
Effective:
November 10, 2025
(A) Any individual or organization may make a complaint about the action or inaction of an ombudsman. (B) The SLTCO or the designated investigator shall provide each ombudsman with standard information about the process outlined in this rule. (C) The office shall investigate and attempt to resolve complaints in the following order of responsibility: (1) Either of the following: (a) Regional ombudsman program director when the complaint is about an ombudsman affiliated with the respective regional program. (b) Sponsoring agency director or SLTCO, as appropriate, when the complaint is about the regional program director. (2) The SLTCO's designee. (3) SLTCO. (D) The protocol for investigation and resolution includes the following steps in the order determined to be appropriate by the investigator who responds to the complaint: (1) Interview complainant to gather facts of the allegation. (2) Interview witnesses identified by the complainant. (3) Review documentation of the performance in question. (4) Interview the ombudsman who is the subject of the complaint. (5) Determine any remedial action needed, including but not limited to, additional education or supervision. (6) Consult with the sponsoring agency and/or SLTCO staff. (7) Document the outcome in the ombudsman's personnel file and any training or technical assistance provided in ODIS. (8) Consider whether decertification is appropriate under rule 173-14-27 of the Administrative Code.
Last updated November 12, 2025 at 7:58 AM
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