Ohio Revised Code Search
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Section 3721.081 | Summary orders.
...on for the transfer is due to an environmental condition affecting the home, the director may transfer only those residents directly affected by the environmental condition. (b) If the reason for the transfer is due to a clinical condition that affects the entire home, the director may transfer all residents for the lesser of thirty calendar days or until the date that the condition is no longer affecting the home.... |
Section 3721.09 | Local regulations.
...ical subdivisions which the director of health, by annual certification, determines have adopted and are enforcing their own standards which are equal to or greater in their requirements than those of sections 3721.02, 3721.03, 3721.04, 3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto. Officials of political subdivisions shall cooperate fully with the director a... |
Section 3721.10 | Residents' rights definitions.
...esident's highest practicable physical, mental, and psychosocial well-being. (H) "Ancillary service" means, but is not limited to, podiatry, dental, hearing, vision, physical therapy, occupational therapy, speech therapy, and psychological and social services. (I) "Facility" means a facility, or part of a facility, certified as a nursing facility or skilled nursing facility, both as defined in section 5165.01 of th... |
Section 3721.11 | Director to adopt rules.
...(A) The director of the department of health shall adopt rules under Chapter 119. of the Revised Code to govern procedures for the implementation of sections 3721.10 to 3721.17 of the Revised Code. (B) The director may adopt, amend, and repeal substantive rules under Chapter 119. of the Revised Code defining with reasonable specificity acts that violate division (A) of section 3721.13 of the Revised Code. |
Section 3721.12 | Duties of nursing home administrator concerning residents' rights.
... and telephone numbers of the board of health of the health district of the county in which the home is located, the county department of job and family services of the county in which the home is located, the state departments of health and medicaid, the state and local offices of the department of aging, and any Ohio nursing home ombudsman program. (B) Written acknowledgment of the receipt of copies of the m... |
Section 3721.121 | Criminal records check.
...ant to rules adopted by the director of health under section 3721.04 of the Revised Code and provided by and on the same site as homes licensed under this chapter. (2) "Applicant" means a person who is under final consideration for employment with a home or adult day-care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a pe... |
Section 3721.122 | Screening and accommodations for sex offenders.
...Before an individual is admitted as a resident to a home, the home's administrator shall search for the individual's name in the internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code. If the search results identify the individual as a sex offender and the individual is admitted as a resident to the home, the administrator shall ... |
Section 3721.14 | Implementation of residents' rights.
...he department of health, department of mental health and addiction services, department of developmental disabilities, department of aging, department of job and family services, and county departments of job and family services; (2) Prospective residents and their sponsors; (3) A resident's sponsors; (4) Residents' rights advocates; (5) A resident's attorney; (6) A minister, priest, rabbi, or other person mi... |
Section 3721.141 | Notification of benefit eligibility.
...or surviving spouse may be eligible for health care or financial benefits through the United States department of veterans affairs; (2) Information about congressionally chartered veterans service organizations or the county veterans service office that can assist with investigating and applying for benefits through the United States department of veterans affairs. |
Section 3721.15 | Authorization to handle residents' financial affairs.
...surance satisfactory to the director of health, or, in the case of a home that participates in the medicaid program, to the medicaid director, to assure the security of all residents' funds managed by the home. |
Section 3721.16 | Residents' rights concerning transfer or discharge.
...if the resident or patient has a developmental disability or mental illness, the name, address, and telephone number of the Ohio protection and advocacy system. (3) The proposed location to which a resident may relocate as specified pursuant to division (A)(2)(c) of this section in the proposed transfer or discharge notice shall be capable of meeting the resident's health-care and safety needs. The proposed locati... |
Section 3721.161 | Hearing challenging proposed transfer or discharge.
...or a hearing to the state department of health. On receiving the request, the department shall conduct a hearing in accordance with section 3721.162 of the Revised Code to determine whether the proposed transfer or discharge complies with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code. (B) Except in the circumstances described in divisions (A)(1)(a) to (e) of section 3721.16 o... |
Section 3721.162 | Determining whether transfer or discharge complies.
... of the Revised Code, the department of health shall conduct hearings under this section in accordance with 42 C.F.R. 431, subpart E, to determine whether the proposed transfer or discharge of the resident from the home complies with divisions (A)(30) to (33) of section 3721.13 and section 3721.16 of the Revised Code. (B) The department shall employ or contract with an attorney to serve as hearing officer. The hea... |
Section 3721.17 | Grievance procedure.
...l refer the matter to the department of health. (B) Any person who believes that a resident's rights under sections 3721.10 to 3721.17 of the Revised Code have been violated may report or cause reports to be made of the information directly to the department of health. No person who files a report is liable for civil damages resulting from the report. (C)(1) The department of health shall investigate any compla... |
Section 3721.18 | Attorney general duties.
...The attorney general may investigate alleged violations of Chapter 3721. of the Revised Code or rules, policies, or procedures adopted thereunder. When it appears, as the result of the investigation, that there is cause to prosecute for the commission of a crime, the attorney general shall refer the evidence to the prosecuting attorney having jurisdiction in the matter. |
Section 3721.19 | Nonparticipation in state assistance program.
...fer of the resident to another mode of health care including, but not limited to, another home, and may award the resident and a person or public agency that brings an action on behalf of a resident reasonable attorney's fees. If a home discharges a resident to whom or to whose sponsor information concerning its status relative to the medicaid program was not provided as required under this section, the court ... |
Section 3721.20 | Compassionate care visits.
...ility, all compassionate caregivers and health care workers shall do both of the following: (a) Undergo screening as the facility determines reasonably necessary to ascertain any exposure to a contagious disease or illness and disclose any symptoms, as defined by the facility; (b) Produce valid federal or state identification and use all appropriate personal protective equipment. Except in an emergency, each indi... |
Section 3721.21 | Long-term care facility definitions.
...s, or service necessary to maintain the health or safety of the resident when the failure results in serious physical harm to the resident. "Neglect" does not include allowing a resident, at the resident's option, to receive only treatment by spiritual means through prayer in accordance with the tenets of a recognized religious denomination. (E) "Exploitation" means taking advantage of a resident, regardless of whe... |
Section 3721.22 | Reporting abuse or neglect of resident or misappropriation of property.
...owledge or suspicion to the director of health. (B) Any person, including a resident, who knows or suspects that a resident has been abused, neglected, or exploited, or that a resident's property has been misappropriated, by any individual used by a long-term care facility or residential care facility to provide services to residents, may report that knowledge or suspicion to the director of health. (C) Any person ... |
Section 3721.23 | Investigations.
...(A) The director of health shall receive, review, and investigate allegations of abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident by any individual used by a long-term care facility or residential care facility to provide services to residents. (B) The director shall make findings regarding alleged abuse, neglect, exploitation, or misappropriation of property after doin... |
Section 3721.24 | Whistleblower protection.
...ropriation conducted by the director of health; or participates in a hearing conducted under section 3721.23 of the Revised Code or in any other administrative or judicial proceedings pertaining to the suspected abuse, neglect, exploitation, or misappropriation. For purposes of this division, retaliatory actions include discharging, demoting, or transferring the employee or other person, preparing a negative work per... |
Section 3721.25 | Confidentiality.
...on (D) of this section, the director of health shall not disclose any of the following without the consent of the individual or the individual's legal representative: (a) The name of an individual who reports suspected abuse, neglect, or exploitation of a resident or misappropriation of a resident's property to the facility or director; (b) The name of an individual who provides information during an investigation ... |
Section 3721.26 | Adoption of rules.
...The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code to implement sections 3721.21 to 3721.25 of the Revised Code, including rules prescribing requirements for the notice and hearing required under section 3721.23 of the Revised Code. The notice and hearing required under section 3721.23 of the Revised Code are not subject to Chapter 119. of the Revised Code; however, the rules may pr... |
Section 3721.28 | Nurses aides training and competency evaluation programs.
...the individual also must complete supplemental training; (b) Has successfully completed the competency evaluation conducted by the director of health under section 3721.31 of the Revised Code. (G) The director shall adopt rules in accordance with Chapter 119. of the Revised Code specifying persons, in addition to the director, who may establish competence of nurse aides under division (B)(5) of this section, and ... |
Section 3721.29 | Orientation program - performance review - in-service education.
...cognitive impairments. The director of health shall adopt rules to implement the purposes of this section. The rules shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. |