Ohio Revised Code Search
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Section 3721.071 | Home must be equipped with both automatic fire extinguishing and fire alarm systems.
... that the department of medicaid shall terminate the medicaid provider agreements of those homes that do not comply with the requirements of this section for the submission of a written fire safety plan and the deadline for entering into contracts for the installation of systems. |
Section 3721.072 | Biennial participation in quality improvement projects.
...s used in this section: (1) "Advance care planning" means providing an opportunity to discuss the goals that may be met through the care provided by a nursing home. (2) "Overhead paging" means sending audible announcements through an electronic sound amplification and distribution system throughout part or all of a nursing home to staff, residents, residents' families, or others. (B) Each nursing home shall pa... |
Section 3721.074
...sed Code for a license as a residential care facility may continue to operate as an independent living facility or residential facility in accordance with this section during the period of time that the application is under consideration by the director. (2) An independent living facility or residential facility shall not provide care to more than two residents while its application under section 3721.07 of the Rev... |
Section 3721.08 | Injunctive relief.
...ent danger. (C)(1) If the director determines that real and present danger exists at a home and elects not to immediately seek injunctive relief under division (B) of this section, the director may give written notice of proposed action to the home. The notice shall specify all of the following: (a) The nature of the conditions giving rise to the real and present danger; (b) The measures that the director de... |
Section 3721.081 | Summary orders.
...esidents to another home or appropriate care setting until a threat to resident health or safety is resolved; (c) Appointing a temporary administrator for a home for the duration of an order; (d) Issuing any other order or taking any other action as necessary to protect the health or safety of residents of a home. (2) The director shall not enter a home pursuant to this section unless the director provides the ... |
Section 3721.09 | Local regulations.
...r of health, by annual certification, determines have adopted and are enforcing their own standards which are equal to or greater in their requirements than those of sections 3721.02, 3721.03, 3721.04, 3721.05, 3721.051, 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto. Officials of political subdivisions shall cooperate fully with the director and provide the director with inform... |
Section 3721.10 | Residents' rights definitions.
... Code. "Facility" does not include an intermediate care facility for individuals with intellectual disabilities, as defined in section 5124.01 of the Revised Code. |
Section 3721.11 | Director to adopt rules.
...(A) The director of the department of health shall adopt rules under Chapter 119. of the Revised Code to govern procedures for the implementation of sections 3721.10 to 3721.17 of the Revised Code. (B) The director may adopt, amend, and repeal substantive rules under Chapter 119. of the Revised Code defining with reasonable specificity acts that violate division (A) of section 3721.13 of the Revised Code. |
Section 3721.12 | Duties of nursing home administrator concerning residents' rights.
...der that section; (b) If the home is a facility, a copy of the most recent statement of deficiencies issued to the home under section 5165.68 of the Revised Code. (D) The administrator of a home may, with the advice of residents, their sponsors, or both, establish written policies regarding the applicability and administration of any additional residents' rights beyond those set forth in sections 3721.10 to 3... |
Section 3721.122 | Screening and accommodations for sex offenders.
... the following: (A) Develop a plan of care to protect the other residents' rights to a safe environment and to be free from abuse; (B) Notify all of the home's other residents and their sponsors that a sex offender has been admitted as a resident to the home and include in the notice a description of the plan of care developed under division (A) of this section; (C) Direct the individual in updating the indiv... |
Section 3721.13 | Residents' rights.
...tion, prognosis, and treatment plan, in terms the resident can reasonably be expected to understand; the right of access to all information in the resident's medical record; and the right to give or withhold informed consent for treatment after the consequences of that choice have been carefully explained. When the attending physician finds that it is not medically advisable to give the information to the resident, t... |
Section 3721.14 | Implementation of residents' rights.
...h access would interfere with resident care or the privacy of residents: (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' rig... |
Section 3721.141 | Notification of benefit eligibility.
...iving 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.
...(A) Authorization from a resident or a sponsor with a power of attorney for a home to manage the resident's financial affairs shall be in writing and shall be attested to by a witness who is not connected in any manner whatsoever with the home or its administrator. The home shall maintain accounts pursuant to division (A)(27) of section 3721.13 of the Revised Code. Upon the resident's transfer, discharge, or death, t... |
Section 3721.161 | Hearing challenging proposed transfer or discharge.
...ction 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 of the Revised Code, if a resident or the resident's sponsor submits a written hearing request not later than ten days after the date t... |
Section 3721.162 | Determining whether transfer or discharge complies.
...nce 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 hearing officer shall conduct a hearing in the home not later than ten days after the date the departm... |
Section 3721.17 | Grievance procedure.
...ovided substantially less than adequate care or treatment, or substantially unsafe conditions, or refer it to the attorney general. (2) The department of health may investigate any alleged violation of sections 3721.10 to 3721.17 of the Revised Code, or of rules, policies, or procedures adopted pursuant to those sections, not covered by division (C)(1) of this section, or it may refer the complaint to the grievanc... |
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.
...nt's record by the home. No home shall terminate its provider agreement unless it has complied with section 5165.50 of the Revised Code and, at least ninety days prior to such termination, provided written notice to the residents of the home and their sponsors of such action. This requirement shall not apply in cases where the department of medicaid terminates a home's provider agreement or provider status. (... |
Section 3721.24 | Whistleblower protection.
...holding of services, failure to provide care in a timely manner, and any other action intended to retaliate against the resident. (C) Any person has a cause of action against a person or government entity for harm resulting from violation of division (A) or (B) of this section. If it finds that a violation has occurred, the court may award damages and order injunctive relief. The court may award court costs and reas... |
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 3721.33 | 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.
...For purposes of implementing sections 3721.28 to 3721.33 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 3... |
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. |
Section 3721.67 | Rulemaking.
...The director of health may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 3721.60 to 3721.66 of the Revised Code. |