Ohio Revised Code Search

...If any provision in sections 3702.302 to 3702.307 of the Revised Code is enjoined, the injunction does not affect any remaining provision of those sections, any provision of section 3702.30 of the Revised Code, or any provision of the rules adopted under that section.

...tomatically suspended. The director of health shall reinstate the license if one of the following occurs: (1) The facility files with the director a copy of a written transfer agreement that meets the requirements of section 3702.303 of the Revised Code. (2) The director grants the facility a variance pursuant to the requirements and procedures under section 3702.304 of the Revised Code; (3) The license is require...

...A local hospital shall not be further than thirty miles from an ambulatory surgical facility with which the local hospital has a written transfer agreement under section 3702.303 of the Revised Code.

...The director of health may impose conditions on any variance the director has granted under section 3702.304 of the Revised Code. The director may, at any time, rescind the variance for any reason, including a determination by the director that the facility is failing to meet one or more of the conditions or no longer adequately protects public health and safety. The director's decision to rescind a variance is final...

...smoke evacuation system" have the same meanings as in section 3727.25 of the Revised Code. (B) Not later than one year after the effective date of this section, each ambulatory surgical facility shall adopt and implement a policy designed to prevent human exposure to surgical smoke during any planned surgical procedure that is likely to generate surgical smoke. The policy shall include the use of a surgical smoke ...

...tates centers for medicare and medicaid services as part of the certification process for the medicare program established under Title XVIII of the "Social Security Act," 79 Stat. 286 (1935), 42 U.S.C.A. 1395, as amended, and the medicaid program established under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396. (4) The director shall not establish a fee for any service for which a lice...

...cility from performing certain types of services; (4) Impose a civil penalty of not less than one thousand dollars and not more than two hundred fifty thousand dollars upon the health care facility for operating without a license; (5) Impose an additional civil penalty of not less than one thousand dollars and not more than ten thousand dollars for each day that the health care facility operates without a license. ...

...Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised Code may petition the court of common pleas of the county in which the facility is located for an order enjoining the facility from continuing to operate without a license. The court shall grant the order on a showing that the facility named in the petition is violating division...

...hing center notifies the department of health in writing that it has a faith-based objection to the requirement.

...y" have the same meanings as in section 263b(a) of the "Mammography Quality Standards Act of 1992," 106 Stat. 3547 (1992), 42 U.S.C. 263b(a), as amended. (B) As required by 21 C.F.R. 900.12(c)(2), a facility shall send to each patient who has a mammogram at the facility a summary of the written report containing the results of the patient's mammogram. If, based on the breast imaging reporting and data system establ...

...onducting a reviewable activity. (D) "Service area" means the current and projected primary and secondary service areas to which the long-term care facility is, or will be, providing long-term care services. (E) "Primary service area" means the geographic region, usually comprised of the Ohio zip code in which the long-term care facility is located and contiguous zip codes, from which approximately seventy-five t...

...uildings used exclusively for physician services; (9) Removal of asbestos from a health care facility. Only that portion of a project that is described in this division is not reviewable.

...(A) Except as provided in division (B) of this section, the addition of twenty or fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply: (1) The nursing home is licensed under section 3721.02 of the Revised Code or by a political subdivision certified under se...

...The director of health shall administer a state certificate of need program in accordance with sections 3702.51 to 3702.62 of the Revised Code and rules adopted under those sections. Administration of the program shall include both a standard review process and an expedited review process. (A) The director shall issue rulings on whether a particular proposed project is a reviewable activity. The director shall iss...

...n and rules adopted by the director of health. (1) No hospital recategorizing beds shall apply for a certificate of need for more than twenty skilled nursing beds. (2) No beds for which a certificate of need is requested under this division shall be reviewed under or counted in any formula developed under rules adopted by the director for the purpose of determining the number of long-term care beds that may be ne...

...e of need pending with the director of health may revise the application to change the site of the proposed project unless either of the following applies: (A) The director, under section 3702.52 of the Revised Code, has mailed the applicant a written notice that the application is complete. (B) The application is subject to a comparative review under section 3702.593 of the Revised Code. The only revision t...

...(A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the comp...

... structures, provide the long-term care service by the means specified in the approved application for the certificate; (4) If the project for which the certificate of need was granted primarily involves leasing a building or space that requires only minor renovations to the existing space, execute a lease and provide the long-term care service by the means specified in the approved application for the certific...

...d shall demonstrate to the director of health, in the form and manner required by rules adopted under section 3702.57 of the Revised Code, that reasonable progress is being made toward the completion of the reviewable activity. If the director determines, in accordance with standards specified in the rules, that reasonable progress is not being made, the director shall withdraw the certificate of need.

... (B) of this section, the director of health shall accept an application for a replacement certificate of need for an activity described in division (A) of section 3702.511 of the Revised Code to replace an approved certificate of need if all of the following conditions are met: (1) The applicant requests the replacement certificate of need so that the reviewable activity for which the approved certificate o...

...A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2), (3), or (4) of that section only as provided in the certificate of need under which the beds were approved or its replacement certificate of need.

... has been withdrawn by the director of health under section 3702.52 or 3702.525 of the Revised Code. No person shall carry out a reviewable activity if the certificate of need authorizing that activity is void pursuant to section 3702.523 of the Revised Code or has expired pursuant to section 3702.524 of the Revised Code. (B) No person shall separate portions of any proposal for any reviewable activity to evade the ...

...The director of health shall evaluate and may investigate evidence that appears to demonstrate that any person has violated section 3702.53 of the Revised Code. If the director elects to conduct an investigation, the director shall mail to the alleged violator by certified mail, return receipt requested, a notice that an investigation is underway. When conducting an investigation under this section, the direc...

...When the director of health determines that a person has violated section 3702.53 of the Revised Code, the director shall send a notice to the person by certified mail, return receipt requested, specifying the activity constituting the violation and the penalties imposed under section 3702.54 of the Revised Code.

...hich the person provides long-term care services. The director's finding of community hardship shall not affect the granting or denial of any future certificate of need application filed by the person.