Ohio Revised Code Search
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Section 3721.13 | Residents' rights.
...ws and rules adopted by the director of health; (2) The right to be free from physical, verbal, mental, and emotional abuse and to be treated at all times with courtesy, respect, and full recognition of dignity and individuality; (3) Upon admission and thereafter, the right to adequate and appropriate medical treatment and nursing care and to other ancillary services that comprise necessary and appropriate care... |
Section 3721.14 | Implementation of residents' rights.
...ts: (1) Employees of the 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, ra... |
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.
...f the notice to the state department of health. The notice shall be provided at least thirty days in advance of the proposed transfer or discharge, unless any of the following applies: (a) The resident's health has improved sufficiently to allow a more immediate discharge or transfer to a less skilled level of care; (b) The resident has resided in the home less than thirty days; (c) An emergency arises in wh... |
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.
...ion program approved by the director of health under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section. Each long-term care facility using a nurse aide on July 1, 1989, shall provide the nurse aide the preparation necessary to complete the competency evaluation program by January 1, 1990. (2) Each nurse aide used by a long-term care facility on a fu... |
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. |
Section 3721.30 | Competency evaluation program contents.
...ion program approved by the director of health under division (A) of section 3721.31 of the Revised Code or a competency evaluation program conducted by the director under division (C) of that section shall evaluate the competency of a nurse aide in the following areas: (a) Basic nursing skills; (b) Personal care skills; (c) Recognition of mental health and social service needs; (d) Care of residents with cog... |
Section 3721.31 | Approving or rejecting programs.
...(A)(1) The director of health shall approve training and competency evaluation programs in accordance with rules adopted under section 3721.30 of the Revised Code and shall periodically review and reapprove programs approved under this section. (2) Except as otherwise provided in division (A)(3) of this section, the director may approve and reapprove programs conducted by or in long-term care facilities, or by any ... |
Section 3721.32 | State nurse aide registry.
...(A) The director of health shall establish a state nurse aide registry listing all individuals who have done any of the following: (1) Were used by a long-term care facility as nurse aides on a full-time, temporary, per diem, or other basis at any time during the period commencing July 1, 1989, and ending January 1, 1990, and successfully completed, not later than October 1, 1990, a competency evaluation program ap... |
Section 3721.33 | Nurse aide training fund.
...Except for any fee collected and retained by a testing service under contract pursuant to division (C) of section 3721.31 of the Revised Code, all fees collected under section 3721.31 of the Revised Code shall be deposited in the state treasury to the credit of the nurse aide training fund, which is hereby created. The moneys in the fund shall be used solely for the purposes set forth in sections 3721.28 to 3721.32 o... |
Section 3721.34 | Cooperation with other agencies.
...33 of the Revised Code, the director of health may advise, consult or cooperate with, or enter into agreements with state agencies, political subdivisions, the federal government, or any person. The director may enter into agreements that provide for a state agency to do any of the following: (A) Approve or reapprove, in accordance with division (A) of section 3721.31 of the Revised Code and the rules adopted by th... |
Section 3721.35 | Unauthorized practice of nursing.
...Nothing in sections 3721.28 to 3721.34 of the Revised Code shall be construed to permit any individual to engage in the practice of nursing as a registered nurse or the practice of nursing as a licensed practical nurse if the individual does not hold a valid license issued under Chapter 4723. of the Revised Code. |