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Long term care hospital
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Section 3702.3011 | [Former R.C. 3702.305, renumbered by S.B. 157 of the 134th General Assembly, effective 3/23/2022] Conditions on variance.

... 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.

Section 3702.3012 | Surgical smoke evacuation policy.

...(A) As used in this section, "surgical smoke" and "surgical 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 ...

Section 3702.31 | Quality monitoring and inspection fund.

... of health shall provide to each health care facility or provider inspected pursuant to section 3702.30 of the Revised Code a written statement of the fee. The statement shall itemize and total the costs incurred. Within fifteen days after receiving a statement from the director, the facility or provider shall forward the total amount of the fee to the director. (3) The fees described in divisions (B)(1) and (2) o...

Section 3702.32 | Violations.

...ctor of health determines that a health care facility is operating without a license in violation of division (E)(1) of section 3702.30 of the Revised Code, the director shall do one or more of the following: (1) Provide an opportunity for the health care facility to apply for a license within a specified time, not exceeding thirty days after the date of the facility's receipt of the order; (2) Issue an order that ...

Section 3702.33 | Petition to enjoin unlicensed health care facility.

...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...

Section 3702.34 | Option of having a long-acting reversible contraceptive placed after delivery; exception.

...(A) Except as provided in division (B) of this section, a freestanding birthing center shall modify operational processes to ensure that a woman giving birth in the freestanding birthing center has the option of having a long- acting reversible contraceptive placed after delivery and before the woman is discharged. (B) A freestanding birthing center is exempt from the requirement in division (A) of this section if ...

Section 3702.40 | Mammogram report; dense breast tissue advisory.

...s information to speak with your health care provider about your own risk for breast cancer. At that time, ask your health care provider if more screening tests might be useful based on your risk. A report of your mammogram results was sent to your health care provider." As required by 21 C.F.R. 900.12(c)(3), the facility shall send to the patient's health care provider, if known, a copy of the written report conta...

Section 3702.511 | Reviewable activities relating to long-term care facilities.

...ent, or construction of a new long-term care facility; (2) Replacement of an existing long-term care facility; (3) Renovation of or addition to a long-term care facility that involves a capital expenditure of four million dollars or more, not including expenditures for equipment, staffing, or operational costs; (4) An increase in long-term care bed capacity; (5) A relocation of long-term care beds from on...

Section 3702.512 | Addition of twenty or fewer long-term care beds not reviewable.

...e 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 section 3721.09 of the Revised Code; (2) The nursing home ...

Section 3702.52 | Administering certificate of need program.

...l cease to be operated in the long-term care facility from which they are relocated, except that the beds may continue to be operated for not more than fifteen days to allow relocation of residents to the facility to which the beds have been relocated. Notwithstanding section 3721.03 of the Revised Code, if the relocated beds are in a home licensed under Chapter 3721. of the Revised Code, the facility's license is au...

Section 3702.522 | Revision of application for certificate of need.

...ection 3702.52 of the Revised Code to determine whether it is complete and, if necessary and regardless of whether the director previously made two requests for additional information, may make a final written request to the applicant for additional information not later than thirty days after the date the director accepts the revised application.

Section 3702.523 | Certificates not transferable prior to completion of review.

...e of need. The transfer of a long-term care facility after the completion of a reviewable activity for which a certificate of need was issued is not a transfer of the certificate of need, unless the facility is transferred pursuant to an agreement entered into prior to the completion of the reviewable activity.

Section 3702.524 | Duties of certificate holder within 24 months of grant.

...sting 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 cer...

Section 3702.525 | Reasonable progress required.

... 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.

Section 3702.526 | Acceptance of application for replacement certificate of need.

... Code. (3) The source of any long-term care beds to be relocated is the same as in the approved certificate of need. (4) The application for the approved certificate of need was not subject to comparative review under section 3702.593 of the Revised Code. (B) The director shall not accept an application for a replacement certificate that proposes to increase the number of long-term care beds to be relocated s...

Section 3702.527 | Conversion of bed category.

...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.

Section 3702.53 | Prohibited acts.

...(A) No person shall carry out any reviewable activity unless a certificate of need for such activity has been granted under sections 3702.51 to 3702.62 of the Revised Code or the person is exempted by division (B) of section 3702.511 or section 3702.512 or 3702.62 of the Revised Code from the requirement that a certificate of need be obtained. No person shall carry out any reviewable activity if a certificate of need...

Section 3702.531 | Investigations.

...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...

Section 3702.532 | Notice of violation.

...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.

Section 3702.54 | Civil penalty.

... in which 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.

Section 3702.544 | Penalties paid to director.

...Revised Code the director of health's determination that a violation has occurred, not later than sixty days after the issuance of an order upholding the director's determination that is not subject to further appeal. The civil penalties shall be paid to the director. The director shall deposit them into the certificate of need fund created by section 3702.52 of the Revised Code.

Section 3702.55 | Additional penalties for continuing violations.

...e bed capacity previously granted to, a hospital receiving persons with mental illnesses or beds within such a hospital that are involved in the activity; (D) The department of medicaid may refuse to enter into a provider agreement that includes a facility, beds, or services that result from the activity.

Section 3702.56 | Payment for activity conducted in violation.

...No third-party payer or other person is required to pay, and no person shall seek or accept payment or reimbursement for, any service rendered or costs incurred in conducting an activity during the period of time in which the activity was conducted in violation of section 3702.53 of the Revised Code. Each person that accepts any amount in violation of this division shall refund that amount on request of the per...

Section 3702.57 | Rules for certificate of need.

... availability of and need for long-term care beds to provide care and treatment to persons diagnosed as having traumatic brain injuries and shall prescribe criteria for reviewing applications that propose to add long-term care beds to provide care and treatment to persons diagnosed as having traumatic brain injuries. (2) The criteria for reviews of applications for certificates of need shall relate to the need for...

Section 3702.59 | Review of certificate of need applications.

...e of need for the addition of long-term care beds to an existing long-term care facility or for the development of a new long-term care facility if any of the following apply: (a) The existing long-term care facility in which the beds are being placed has one or more waivers for life safety code deficiencies, one or more state fire code violations, or one or more state building code violations, and the project ident...