Rule 173-14-26 | Changes in a regional program's designation status; notice rights; and hearing requirements.
(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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