Ohio Revised Code Search
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Section 173.22 | Confidential information.
...(A) The collection, compilation, analysis, and dissemination of information by the office of the state long-term care ombudsman program shall be performed in a manner that protects complainants, individuals providing information about a complaint, public entities, and confidential records of residents or recipients. The identity of a resident or recipient, a complainant who is not a resident or recipient, or an indiv... |
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.
... pursuant to 42 C.F.R. 412.23(e); (3) County homes and district homes operated pursuant to Chapter 5155. of the Revised Code; (4) Residential facilities licensed under section 5119.34 of the Revised Code that provide accommodations, supervision, and personal care services for three to sixteen unrelated adults; (5) Facilities approved by the Veterans Administration under Section 104(a) of the "Veterans Health ... |
Section 173.27 | Criminal records check of ombudsman applicants.
... inspector general in the United States department of health and human services pursuant to section 1128 of the "Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as amended, and section 1156 of the "Social Security Act," 96 Stat. 388 (1982), 42 U.S.C. 1320c-5, as amended; (3) The registry of developmental disabilities employees established under section 5123.52 of the Revised Code; (4) The interne... |
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.
..., that are provided under a program the department of aging administers. (5) "Consumer" means an individual who receives community-based long-term care services. (6) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. (7)(a) "Direct-care position" means an employment position in which an employee has either or both of the following: (i) In-person contact with one or more c... |
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.
...ed in division (I) of this section, the department of aging or its designee shall do all of the following in accordance with Chapter 119. of the Revised Code: (1) Certify a provider to provide services, including community-based long-term care services, under a program the department administers if the provider satisfies the requirements for certification established by rules adopted under division (B) of this sec... |
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.
...d 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. (F) An individual's long-term care consultation may include an assessment of the individual's functional capabilities. The consultation may incorporate portions of the determinations required under sections 5119.40, 5123.021, an... |
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... |