Ohio Revised Code Search
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Section 1729.14 | Bylaws.
...Each association shall adopt for its governance and management, bylaws that are consistent with the powers granted by this chapter and the articles of incorporation of the association. The bylaws may provide for any of the following: (A) The time, place, and manner of calling and conducting the association's meetings; (B) The number of members constituting a quorum. If voting by any method other than personal appea... |
Section 1729.16 | Adoption, amendment, or repeal of bylaws.
...(A) The initial bylaws may be adopted by the association's directors who are to serve until the first member meeting. After the initial bylaws are adopted, bylaws may be adopted and amended only by the members unless the articles or bylaws provide that the board, by a two-thirds vote of the entire board, may adopt or amend the bylaws or any specified bylaw. (B) Any bylaw adopted or amended by the board shall be rep... |
Section 1729.17 | Members or delegates entitled to vote.
...(A) Each member entitled to vote shall have one vote, except that the articles or bylaws of the association may permit the following: (1) Voting by members in accordance with the amount of business done with or through the association. (2) Voting by delegates, including a voting system that provides any one or a combination of the following: (a) That a delegate may cast only one vote; (b) That a delegate may cast... |
Section 1729.18 | Association members - meetings.
...ent of the members entitled to vote may file with the board a petition stating the specific business to be brought before the association and demanding a special meeting at any time for consideration of such business. Upon compliance with this division, the meeting shall be called by the board. (D) Notice of every meeting, together with a statement of the purpose of the meeting, shall be sent to each member who is e... |
Section 1729.19 | Action authorized or taken without meeting.
...ithout a meeting that is required to be filed in the office of the secretary of state shall state that the authorization or taking of such action was approved and signed as provided in this section. |
Section 1729.20 | Methods of giving notice - signed waiver.
...(A) Whenever notice is required by this chapter to be given to any person, the notice may be given personally, by mail, or by electronic or telephonic transmittal. If mailed, the notice is given when it is deposited in the United States mail, with postage prepaid, addressed to the person at the person's address as it appears on the records of the association. If notice is sent by electronic or telephonic transmittal,... |
Section 1729.22 | Board of directors.
...(A) Except where this chapter or an association's articles of incorporation or bylaws require that action be otherwise authorized or taken, all of the authority of an association shall be exercised by or under the direction of the board. The board shall consist of not less than five directors, elected by and from the members, unless the number of members is less than five, in which case, the number of directors may e... |
Section 1729.23 | Standard of care for directors.
...(A) A director shall perform the duties of a director, including duties as a member of any committee of the directors upon which the director serves, in good faith, in a manner the director reasonably believes to be in or not opposed to the best interests of the association, and with the care that an ordinarily prudent person in a like position would use under similar circumstances. In performing these duties, a dire... |
Section 1729.24 | Effect of self-dealing.
...(A) Unless otherwise provided in an association's articles of incorporation or bylaws: (1) No contract or transaction between an association and one or more of its directors or officers, or between the association and any other person in which one or more of the association's directors or officers, are directors or officers, or have a financial or personal interest, shall be void or voidable solely for this reason, ... |
Section 1729.25 | Liability of members, directors, officers.
...of the meeting, or a written dissent is filed either during the meeting or within a reasonable time after the adjournment of the meeting. (D) A member, stockholder, or patron who receives any distribution made contrary to law, the association's articles of incorporation, or bylaws is liable to the association for the amount received that is in excess of the amount that could have been distributed. (E) A director ag... |
Section 1729.26 | Officers.
...(A) The officers of an association shall consist of a president, a secretary, a treasurer, and, if desired, a chairperson and one or more vice chairpersons of the board, one or more vice-presidents, and other officers and assistant officers as necessary. The officers shall be elected by the board. The chairperson and any vice chairperson of the board shall be a director. Unless the association's articles of incorpor... |
Section 1729.27 | Surety bonds.
...If required by the association's bylaws, every officer, employee, and agent handling funds, negotiable instruments, or other property of or for an association shall execute and deliver adequate bonds for the faithful performance of the officer's, employee's, or agent's duties and obligations. |
Section 1729.28 | Removal of officers or directors - procedure.
...(A) Any member of an association may bring charges against an officer or director of the association by filing them in writing with the secretary of the association, together with a petition, signed by twenty per cent of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the members of the association and, by a vote of ... |
Section 1729.29 | Books and records - examination by member or stockholder.
...(A) An association shall keep correct and complete books and records of account, and shall also keep minutes of the proceedings of meetings of its members, board, and delegates. The association shall keep at its principal office records of the names and addresses of all members and stockholders with the amount of ownership interests and stock held by each. (B) At any reasonable time, any member, upon written notice ... |
Section 1729.35 | Association may merge or consolidate with one or more associations.
...(A) An association may merge or consolidate with one or more associations under this chapter. Before an association may merge or consolidate with any other association, a written agreement of merger or consolidation shall be approved by the board of each constituent association and by the members of each constituent association. The agreement shall set forth the terms of the merger or consolidation, including any pr... |
Section 1729.36 | Association may merge or consolidate with one or more entities.
...(A) An association may merge or consolidate with one or more entities, if such merger or consolidation is permitted by the laws under which each constituent entity exists and the association complies with this section. (B) Each constituent association shall comply with section 1729.35 of the Revised Code with respect to form and approval of an agreement of merger or consolidation, and each constituent entity shall ... |
Section 1729.37 | Effective date of merger or consolidation.
...rtificate of merger or consolidation is filed in accordance with section 1729.38 of the Revised Code. If, after filing the certificate but before the merger or consolidation is effective, the merger or consolidation is amended or abandoned, as provided in divisions (E) and (F) of section 1729.35 of the Revised Code, an authorized officer of each constituent association shall sign a certificate of amendment or abandon... |
Section 1729.38 | Certificate of merger or consolidation filing and recording.
...tituent association or entity, shall be filed with the secretary of state on a form prescribed by the secretary of state that sets forth the following: (a) The name and form of each constituent association or entity and the state law under which each constituent entity exists; (b) A statement that each constituent association or entity has adopted the agreement of merger or consolidation, the manner of adoption, ... |
Section 1729.40 | Plan of division.
...r of the original association, shall be filed with the secretary of state on a form prescribed by the secretary of state setting forth the following: (a) The name of the original association and the name of each resulting association; (b) A statement that the original association has adopted the plan of division, the manner of adoption, and that the plan was adopted in compliance with this section; (c) The effe... |
Section 1729.42 | Conversions.
...hapter. The amendment shall be adopted, filed, and recorded in the manner provided by the law under which the corporation exists. (B) An association may convert itself to a domestic corporation that is not an association by adopting an amendment to its articles of incorporation in which it elects to become subject to any other chapter of Title XVII of the Revised Code, if so permitted by such chapter, together with ... |
Section 1729.44 | Setting aside reorganizations.
...An action to set aside a merger, consolidation, division, or conversion of an association, on the ground that any section of the Revised Code has not been complied with, shall be brought within ninety days after the effective date of the merger, consolidation, division, or conversion, or such action shall be forever barred. |
Section 1729.46 | Written demand for payment of fair cash value of stock.
... (c) The affected stockholder does not file a timely complaint under section 1729.47 of the Revised Code. (D) The fair cash value that is agreed upon by the affected stockholder and the association, or determined using a reasonable basis for determining and paying fair cash value in the association's articles of incorporation or bylaws, or fixed by a court in a proceeding under section 1729.47 of the Revised Code, ... |
Section 1729.47 | Complaint for fair cash value of stock.
...der, within thirty days thereafter, may file a complaint for recovery of fair cash value of the stock from the association or the surviving, new, or resulting association or entity in the court of common pleas of the county in which the principal place of business of the association that issued the stock is or was located. However, if the principal place of business of an association is not within this state, then t... |
Section 1729.49 | Disposing of assets of association.
...(A) As used in this section, "substantially all" means more than two-thirds of the association's assets, measured, in the board's discretion, either by value as recorded in the books and records of the association or by fair market value. (B) Unless the articles of incorporation or the bylaws of an association otherwise provide, a lease, sale, exchange, transfer, or other disposition of any assets of an association ... |
Section 1729.55 | Voluntary dissolution.
...t of the date upon which the particular department, agency, or authority was advised in writing of the scheduled date of filing of the certificate of dissolution and was advised in writing of the acknowledgment by the association of the applicability of section 1729.25 of the Revised Code. (I) Upon the filing of a certificate of dissolution and the accompanying documents required by division (H) of this section, the... |
Section 1729.56 | Public notice of voluntary dissolution.
...irectors, members, or incorporators who filed the certificate, as the case may be, shall cause a notice of voluntary dissolution to be published once a week on the same day of each week for two successive weeks, in a newspaper published and of general circulation in the county in which the principal place of business of the association was to be or is located and shall cause written notice of dissolution to be given ... |
Section 1729.58 | Association may act to wind up affairs or obtain reinstatement of articles.
...(A) When an association is dissolved voluntarily, when the articles of incorporation of an association have been canceled, when a final order of a court of common pleas is made dissolving an association under section 1729.59 of the Revised Code, or when the period of existence of the association specified in its articles of incorporation has expired, the association shall cease to carry on business and shall do only ... |
Section 1729.59 | Judicial liquidations.
...(A) Without limiting the generality of its authority and subject to division (B) of this section, the court of common pleas of the county in this state in which is located the principal place of business of a voluntarily dissolved association or of an association whose articles have been canceled or whose period of existence has expired, upon the complaint of the association, or a majority of the directors, or ten pe... |
Section 1729.60 | Receiver appointed to wind up affairs of association.
...(A) Whenever, after an association is dissolved voluntarily, the articles of an association have been canceled, or the period of existence of an association has expired, a receiver is appointed to wind up the affairs of the association, all the claims, demands, rights, interests, or liens of creditors, claimants, members, patrons, and stockholders shall be determined as of the day on which the receiver was appointed.... |
Section 1729.61 | Complaint for judicial dissolution.
...dissolution, the court with which it is filed shall have power to issue injunctions; to appoint a receiver with such authority and duties as the court from time to time may direct; to take other proceedings as may be necessary to protect the property or the rights of the members, patrons, and stockholders; and to carry on the business of the association until a full hearing can be conducted. Upon or after the filing... |
Section 1729.67 | Marketing agreements.
...(A) A cooperative and any member may make marketing agreements, whether written separately or contained in the bylaws, in which the member agrees to do any of the following: (1) Sell, market, or deliver all or any specified part of products produced or to be produced either by the member or under the member's control, to or through the cooperative or any facilities furnished by it; (2) Authorize the cooperative or ... |
Section 1729.68 | Prohibited acts - injunctive relief.
...(A) No processor, handler, distributor, or dealer, or agent thereof, who purchases or contracts to purchase any product from a person who produced the product, or procures for, sells, or otherwise furnishes inputs, services, or supplies to a person shall do either of the following: (1) Use duress against, coerce, or boycott the person in the exercise of the person's rights to join and belong to a cooperative; (2) D... |
Section 1729.69 | Unfair marketing practices.
...(A) No handler shall commit an unfair marketing practice, as defined in division (B) of this section, whenever a marketing cooperative has been authorized by its members to bargain on behalf of its members for sales contracts with the handler and any of the following conditions exist: (1) Members of the marketing cooperative are obligated to produce and deliver agricultural products or produce under sales contracts ... |
Section 1729.70 | Agricultural cooperative not illegal.
...(A) An agricultural cooperative is not a conspiracy, a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily; and the marketing agreements between such an agricultural cooperative and its members, or any other marketing agreements or sales contracts authorized or described in sections 1729.67 to 1729.70 of the Revised Code, are not illegal as such, in... |
Section 1729.76 | Foreign association.
...Any foreign association may carry on any proper activities in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state. All contracts that could be made by any association incorporated under this chapter and that are made by or with such foreign associations, shall be enforceable in this state with all of the remedies set forth in this chapter. |
Section 1729.80 | Membership in other organizations.
...An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other cooperative, corporation, or other form of organization. |
Section 1729.84 | Exemptions for agricultural products.
...Any exemptions under any law applying to agricultural products in the possession or under the control of the individual producer also shall apply to such products delivered by its producer members, as long as such products are in the possession or under the control of an agricultural cooperative. |
Section 1729.85 | Stock not considered securities.
...Membership stock and patronage stock of a cooperative are not to be considered securities under Chapter 1707. of the Revised Code. |
Section 1729.86 | Application of laws.
...(A) Except as otherwise provided in this chapter, this chapter applies to all associations, whether organized under this chapter prior to the effective date of this section or on or after that date. (B) Any law that is in conflict with this chapter shall be construed as not applying to associations provided for in this chapter. |
Section 1729.99 | Penalty.
...(A) Whoever violates section 1729.04 of the Revised Code shall be fined not less than five hundred nor more than twenty-five hundred dollars for each offense. (B) Whoever violates division (A) of section 1729.68 or commits an unfair marketing practice as defined in section 1729.69 of the Revised Code shall be fined not less than five hundred nor more than five thousand dollars for each offense. |
Section 173.01 | Department of aging; powers and duties.
...The department of aging shall: (A) Be the designated state agency to administer programs of the federal government relating to the aged, requiring action within the state, that are not the specific responsibility of another state agency under federal or state statutes. The department shall be the sole state agency to administer funds granted by the federal government under the "Older Americans Act of 1965," 79 Stat.... |
Section 173.011 | Planning and service areas.
.... 219, 42 U.S.C. 3001, as amended, the department of aging may divide the state into separate multi-county regions that shall be known as planning and service areas. If the department divides the state into those areas, then, consistent with the rules adopted under division (C)(1) of this section, it shall designate one public entity or one private nonprofit entity as each area's agency on aging. That agency s... |
Section 173.012 | Training programs.
...The department of aging may develop and offer training programs to area agencies on aging, long-term care facilities, providers of long-term care services, and other interested parties. The department may charge fees for the training programs. Amounts collected from charging the fees shall be deposited into the state treasury to the credit of the senior community outreach fund, which is hereby created. Money credited... |
Section 173.02 | Administrative rules.
...The department of aging shall adopt, and may rescind, rules as necessary to carry out the provisions of Chapter 173. of the Revised Code and may: (A) Provide technical assistance and consultation to public and private nonprofit agencies with respect to programs, services, and activities for elderly people; (B) Cooperate with federal agencies, other state agencies or departments, and organizations to conduct studies... |
Section 173.03 | Ohio advisory council for aging.
...purpose of the council is to advise the department of aging on the objectives of the "Older Americans Act of 1965," 42 U.S.C. 3001, and as directed by the governor. Annually, the members shall select one of their members to serve as chairperson and one of their members to serve as vice-chairperson. The council may form a quorum and take votes at meetings conducted by interactive electronic medium if provisions are... |
Section 173.04 | Dementia training and respite care programs.
...the internet web site maintained by the department of aging, the director of aging shall disseminate dementia training materials for licensed physicians, registered nurses, licensed practical nurses, administrators of health care programs, social workers, and other health care and social service personnel who participate or assist in the care or treatment of persons who have dementia. The training materials dissemina... |
Section 173.05 | Acting director.
...deputy director of the aging shall be the acting director when the director is absent or disabled or the position is vacant. The director shall specify who shall be the acting director if no deputy director has been appointed. |
Section 173.06 | Golden buckeye card program.
...rovide benefits to any card holder. The department of aging shall bear all costs of the program. (B) Before issuing a golden buckeye card to any person, the director shall establish the identity of any person who applies for a card and shall ascertain that such person is sixty years of age or older or is a person with a disability and is eighteen years of age or older. The director shall adopt rules under Chapter ... |
Section 173.061 | Records of card holders.
...Records identifying the recipients of golden buckeye cards issued under section 173.06 of the Revised Code are not public records subject to inspection or copying under section 149.43 of the Revised Code and may be disclosed only at the discretion of the director of aging. The director may disclose only information in records identifying the recipients of golden buckeye cards that does not contain the recipient'... |
Section 173.08 | Resident services coordinator program.
...rdinator program is established in the department of aging to fund resident services coordinators. The coordinators shall provide information to low-income and special-needs tenants, including the elderly, who live in financially assisted rental housing complexes, and assist those tenants in identifying and obtaining community and program services and other benefits for which they are eligible. (B) The reside... |
Section 173.11 | System of multipurpose senior centers.
...The department of aging shall, as appropriate and feasible and to the extent federal, state, and local funding is available, develop a system of community multipurpose senior centers for the purposes of: (A) Providing centralized, coordinated medical, social, supportive, and rehabilitative services to older adults; (B) Encouraging older adults to maintain physical, social, and emotional well-being and to live dig... |
Section 173.12 | Services provided by multipurpose senior center.
...d, and equipped for this purpose. The department of aging, or the local entity approved by the department under section 173.11 of the Revised Code for the operation of a center, may contract for any or all of the services provided by the center with any other state agency, county, township, municipal corporation, school district, community or technical college district, health district, person, or organization. T... |
Section 173.121 | Bingo games at multipurpose senior center.
...(A) As used in this section, "bingo," "bingo game operator," and "participant" have the same meanings as in section 2915.01 of the Revised Code. (B) Notwithstanding sections 2915.07 to 2915.13 of the Revised Code, a multipurpose senior center may conduct bingo games described in division (O)(1) of section 2915.01 of the Revised Code, but only if it complies with all of the following requirements: (1) All bin... |
Section 173.13 | Continuing care facility residents' rights.
...(A) As used in this section: (1) "Continuing care" means the provision under a written agreement of board, lodging, medical services, nursing, and other health-related services to a person sixty years of age or older, unrelated by consanguinity or affinity to the provider, for the life of the person or for a period in excess of one year in return for the payment of an entrance fee or of periodic charges. (2) "Entra... |
Section 173.14 | Long-term care ombudsman program definitions.
...ctedly involve addressing uncomplicated complaints or lead to an investigation of a complaint when needed. |
Section 173.15 | Office of state long-term care ombudsman program.
...re ombudsman program established by the department of aging pursuant to division (J) of section 173.01 of the Revised Code shall be known as "the office of the state long-term care ombudsman program." It shall consist of the state long-term care ombudsman, the ombudsman's staff, and regional long-term care ombudsman programs. In establishing and operating the office, the department shall consider the views of area ag... |
Section 173.16 | Designation of regional long-term care ombudsman programs.
...(A) The department of aging shall designate regions to be served by regional long-term care ombudsman programs. (B) Except as otherwise provided in division (C) of this section, the state long-term care ombudsman shall designate regional programs in accordance with criteria established by the department of aging in rules which the department shall adopt under Chapter 119. of the Revised Code. The criteria shall incl... |
Section 173.17 | State long-term care ombudsman; duties.
...ecretary for aging of the United States department of health and human services. (b) Monitoring and analyzing the development and implementation of federal, state, and local laws, rules, and policies regarding long-term care services in this state and recommending to officials changes the office considers appropriate in those laws, rules, and policies; (c) Providing information and making recommendations to public ... |
Section 173.18 | Regional long-term care ombudsman program - duties.
...s a residents' rights advocate with the department of health under division (B) of section 3701.07 of the Revised Code. |
Section 173.19 | Investigating and resolving complaints.
...private social service agency. (B) The department of aging shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the handling of complaints received under this section, including procedures for conducting investigations of complaints. The rules shall include procedures to ensure that no representative of the office investigates any complaint involving a long-term care provider with which th... |
Section 173.20 | Access to records; subpoena power.
...al long-term care ombudsman programs of complaints to other public agencies or entities. A public agency or entity to which a complaint is referred shall keep the state ombudsman or regional program handling the complaint advised and notified in writing in a timely manner of the disposition of the complaint to the extent permitted by law. |
Section 173.21 | Training and certification programs.
...fore the trainee is permitted to handle complaints without the supervision of a representative of the office certified under this section; (2) Additional hours of instruction may include an internship, in-service training, and continuing education requirements as may be required in rules adopted under division (B) of this section; (3) Representatives may be required to complete any other training considered app... |
Section 173.22 | Confidential information.
...ired by court order. The investigative files of the office and any records contained in those files, including any proprietary records of a long-term care provider or records relating to advocacy visits, are not public records subject to inspection or copying under section 149.43 of the Revised Code and are exempt from the provisions of Chapter 1347. of the Revised Code. Information contained in investigative and ot... |
Section 173.23 | Immunity; false complaint; representation by attorney general.
...(A) Representatives of the office of the state long-term care ombudsman program are immune from civil or criminal liability for any action taken in the good faith performance of their official duties under sections 173.14 to 173.26 of the Revised Code. (B) A person acting in good faith is immune from civil or criminal liability incident to any of the following: providing information to the office, participat... |
Section 173.24 | Protection for disciplinary or retaliatory action.
...(A) As used in this section: (1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code. (2) "Retaliatory action" includes physical, mental, or verbal abuse; change of room assignment; withholding of services; failure to provide care in a timely manner; discharge; and termination of employment. (B) An employee providing information to or participating in good faith in regi... |
Section 173.25 | Cooperation and coordination with agencies.
...The office of the state long-term care ombudsman program shall, in carrying out the provisions and purposes of sections 173.14 to 173.26 of the Revised Code, advise, consult, and cooperate with any agency, program, or other entity related to the purposes of the office. Any agency, program, or other entity related to the purposes of the office shall advise, consult, and cooperate with the office. The office shall att... |
Section 173.26 | Payment of fee per bed to department of aging.
...g facilities shall annually pay to the department of aging six dollars for each bed the facility was licensed or otherwise authorized to maintain during any part of the previous year: (1) Nursing homes and residential care facilities, as defined in section 3721.01 of the Revised Code; (2) Facilities authorized to provide extended care services under Title XVIII of the "Social Security Act," 49 Stat. 620 (193... |
Section 173.27 | Criminal records check of ombudsman applicants.
...icant or employee; (b) Employment or unemployment benefits of the applicant or employee; (c) A civil or criminal action regarding the medicaid program or a program the department of aging administers. (5) Pursuant to a lawful subpoena or valid court order, any necessary individual not identified in division (G)(4) of this section who is involved in a case dealing with any issue, matter, or action described i... |
Section 173.28 | Additional Fines for certain violations.
...(A) As used in this section, "incident" means the occurrence of a violation with respect to a resident or recipient. A violation is a separate incident for each day it occurs and for each resident who is subject to it. (B)(1) In lieu of the fine that may be imposed under division (A) of section 173.99 of the Revised Code for a criminal offense, the director of aging may, under Chapter 119. of the Revised Code, fine ... |
Section 173.38 | Criminal records checks.
...licant or employee; (b) Employment or unemployment benefits of the applicant or employee; (c) A civil or criminal action regarding the medicaid program or a program the department of aging administers. (8) Pursuant to a lawful subpoena or valid court order, any necessary individual not identified in division (I)(7) of this section who is involved in a case dealing with any issue, matter, or action described in ... |
Section 173.381 | Permissible actions based on criminal records check.
..., that are provided under a program the department of aging administers. (2) "Community-based long-term care services certificate" means a certificate issued under section 173.391 of the Revised Code. (3) "Community-based long-term care services contract or grant" means a contract or grant awarded under section 173.392 of the Revised Code. (4) "Criminal records check" has the same meaning as in section 109.572 ... |
Section 173.39 | Community-based long-term care - provider certification for payment.
...term care services, under a program the department of aging administers. "Provider" includes a person or government entity that provides home and community-based services to older adults through the PASSPORT program or assisted living program. (2) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code. (3) "PASSPORT program" and "assisted living program" have the s... |
Section 173.391 | Requirements for provider certification - disciplinary action.
...costs related to the publication of the Ohio long-term care consumer guide. (I) The director shall certify a provider in accordance with Chapter 4796. of the Revised Code if either of the following applies: (1) The provider is licensed or certified in another state. (2) The provider has satisfactory work experience, a government certification, or a private certification as described in that chapter as a provid... |
Section 173.392 | Payment of noncertified provider.
...(A) In the case of a provider that the department of aging under section 173.39 of the Revised Code has not required to be certified under section 173.391 of the Revised Code, the department may pay the provider for providing services, including community-based long-term care services, under a program the department administers but only if all of the following are the case: (1) The provider has a contract with the ... |
Section 173.393 | Provider evaluation records as public records.
...term care services, under a program the department of aging administers. (B) A part of a record of an evaluation that is otherwise available as a public record under division (A) of this section is not available as a public record if its release would violate a federal or state statute, regulation, or rule, including regulations adopted by the United States department of health and human services to implement the h... |
Section 173.41 | Statewide aging and disabilities resource network.
...(A) The department of aging shall promote the development of a statewide aging and disabilities resource network through which older adults, adults with disabilities, and their caregivers are provided with both of the following: (1) Information on any long-term care service options available to the individuals; (2) Streamlined access to long-term care services, both publicly funded services and services avail... |
Section 173.42 | Long-term care consultation program.
...to administer programs on behalf of the department of aging. (2) "Department of aging-administered medicaid waiver component" means each of the following: (a) The medicaid-funded component of the PASSPORT program created under section 173.52 of the Revised Code; (b) The medicaid-funded component of the assisted living program created under section 173.54 of the Revised Code; (c) Any other medicaid waiver comp... |
Section 173.421 | Periodic or follow-up long-term care consultations.
...ection 173.42 of the Revised Code, the department of aging may establish procedures for the conduct of periodic or follow-up long-term care consultations for residents of nursing facilities, including annual or more frequent reassessments of the residents' functional capabilities. If the procedures are established, the department or program administrator shall assign individuals to nursing facilities to serve ... |
Section 173.422 | Certification to conduct long-term care consultation.
...(A) The department of aging shall certify individuals who meet certification requirements established by rule to provide long-term care consultations for purposes of sections 173.42 and 173.421 of the Revised Code. The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification process and requirements. The rules shall specify the education, experience, or train... |
Section 173.423 | Monitoring of home and community-based services elections.
...ces covered by medicaid components the department of aging administers, the department of aging or program administrator shall monitor the individual by doing either or both of the following at least once each year: (A) Determining whether the services being provided to the individual are appropriate; (B) Determining whether changes in the types of services being provided to the individual should be made. |
Section 173.424 | Compliance with federal law.
...ices covered by medicaid components the department of aging administers is dependent on the conduct of an assessment or other evaluation of the individual's needs and capabilities and the development of an individualized plan of care or services, the department shall develop and implement all procedures necessary to comply with the federal law. The procedures may include the use of long-term care consultations. |
Section 173.43 | Interagency agreement for unified long-term care budget for home and community-based services.
...(A) The department of aging shall enter into an interagency agreement with the department of medicaid under section 5162.35 of the Revised Code under which the department of aging is required to establish for each biennium a unified long-term care budget for home and community-based services covered by medicaid components the department of aging administers. The interagency agreement shall require the departme... |
Section 173.431 | Administration of budget.
...The department of aging shall ensure that the unified long-term care budget established under section 173.43 of the Revised Code is administered in a manner that provides medicaid coverage of and expands access to all of the following as necessary to meet the needs of individuals receiving home and community-based services covered by medicaid components the department of aging administers: (A) To the extent p... |
Section 173.432 | Care management and authorization services.
...The department of aging or its designee shall provide care management and authorization services with regard to the state plan services specified in division (B) of section 173.431 of the Revised Code that are provided to participants of department of aging-administered medicaid waiver components. The department or its designee shall ensure that no person providing the care management and authorization services... |
Section 173.434 | Adoption of rules.
...To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of aging shall adopt rules that are needed to implement sections 173.43 to 173.432 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
Section 173.44 | Survey of nursing homes and residential care facilities.
...n 3721.01 of the Revised Code. (B) The department of aging may conduct an annual survey of nursing homes and residential care facilities. The survey shall include questions about capacity, occupancy, and private pay charges. The department may contract with an outside entity to conduct the survey and analyze the results. The results of the survey and any analysis completed by the department or its designee shall be ... |
Section 173.45 | Facilities definitions.
...As used in this section and in sections 173.46 to 173.49 of the Revised Code: (A) "Residential facility" means a residential facility licensed under section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults. (B) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code. (C) "Lon... |
Section 173.46 | Long-term care consumer guide.
.... The guide, which shall be titled the Ohio long-term care consumer guide, may be published in printed form or in electronic form for distribution over the internet. The guide may be developed as a continuation or modification of the guide published by the department prior to September 29, 2005, under rules adopted under section 173.02 of the Revised Code. (B) The Ohio long-term care consumer guide shall incl... |
Section 173.47 | Customer satisfaction survey for long-term care facilities.
...Ohio long-term care consumer guide, the department of aging shall conduct or provide for the conduct of an annual customer satisfaction survey of each long-term care facility. The results of the surveys may include information obtained from long-term care facility residents, their families, or both. (B) Each long-term care facility shall cooperate in the conduct of its annual customer satisfaction survey. |
Section 173.48 | Fees for consumer care guide; long-term care consumer guide fund.
...e facilities for the publication of the Ohio long-term care consumer guide, as well as late penalties if applicable. The department may contract with any person or government entity to collect the fees on its behalf. All fees collected under this section shall be deposited in accordance with division (B) of this section. (2) Except as provided in division (A)(3) of this section, the annual fees charged under this se... |
Section 173.49 | Implementing rules to be adopted by department.
...The department of aging shall adopt rules as the department considers necessary to implement and administer sections 173.45 to 173.48 of the Revised Code. The rules shall be adopted under Chapter 119. of the Revised Code. |
Section 173.50 | PACE administration.
...nt to a contract entered into with the department of medicaid as an interagency agreement under section 5162.35 of the Revised Code, the department of aging shall carry out the day-to-day administration of the component of the medicaid program known as the program of all-inclusive care for the elderly or PACE. The department of aging shall carry out its PACE administrative duties in accordance with the provisio... |
Section 173.501 | Home first component of PACE.
...(3), 42 U.S.C. 1396u-4(a)(3). (B) The department of aging shall establish a home first component of the PACE program under which eligible individuals may be enrolled in the PACE program in accordance with this section. An individual is eligible for the PACE program's home first component if both of the following apply: (1) The individual has been determined to be eligible for the PACE program. (2) At least one ... |
Section 173.502 | [Former Section 751.10 of H.B. 45, 134th General Assembly, codified as R.C. 173.502 pursuant to R.C. 103.131] Requests for proposals to become PACE organization.
...the effective date of this section, the Department of Aging shall issue a request for proposals from any entity interested in becoming a PACE organization, including for service areas in the counties, or contiguous zip codes within the counties, or extending from the counties, of Franklin, Hamilton, Montgomery, Lorain, Lucas, and Summit. Proposals shall be submitted to the Department not later than ninety days after ... |
Section 173.51 | Definitions for PASSPORT and Assisted Living programs.
...ultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code. "Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity. "Medicaid w... |
Section 173.52 | Medicaid-funded component of PASSPORT program.
...(A) The department of medicaid shall create the medicaid-funded component of the PASSPORT program. In creating the medicaid-funded component, the department of medicaid shall collaborate with the department of aging. (B) All of the following apply to the medicaid-funded component of the PASSPORT program: (1) The department of aging shall administer the medicaid-funded component through a contract entered into w... |
Section 173.521 | Home first component.
...(A) The department of aging shall establish a home first component of the PASSPORT program under which eligible individuals may be enrolled in the medicaid-funded component of the PASSPORT program in accordance with this section. An individual is eligible for the PASSPORT program's home first component if both of the following apply: (1) The individual has been determined to be eligible for the medicaid-funded com... |
Section 173.522 | State-funded component of PASSPORT program.
...(A) The department of aging shall create and administer the state-funded component of the PASSPORT program. The state-funded component shall not be administered as part of the medicaid program. (B) For an individual to be eligible for the state-funded component of the PASSPORT program, the individual must meet one of the following requirements and meet the additional eligibility requirements applicable to the indi... |
Section 173.523 | Appeals.
...on taken or proposed to be taken by the department of aging or an entity designated by the department concerning participation in or services provided under the component if the action will result in any of the following: (1) Denial of enrollment or continued enrollment in the component; (2) Denial of or reduction in the amount of services requested by or offered to the individual under the component; (3) Assessme... |
Section 173.524 | Kosher meals.
...kosher. If such a request is made, the department of aging or the department's designee shall ensure that each home-delivered meal provided to the individual under the PASSPORT program is kosher. In complying with this requirement, the department or department's designee shall require each entity that provides home-delivered meals to the individual to provide the individual with meals that meet, as much as poss... |