Ohio Revised Code Search
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Section 3721.032 | Fire marshal to enforce and adopt fire safety rules.
...building standards and the director of health are empowered to adopt. In the event of a dispute between the marshal and another officer having responsibilities under sections 3721.01 to 3721.09 of the Revised Code with respect to the interpretation or application of a specific fire safety statute or rule, the interpretation of the marshal shall prevail. |
Section 3721.041 | Vaccinations to be offered to residents.
...fuse vaccination. (D) The director of health may adopt rules under Chapter 119. of the Revised Code as the director considers appropriate to implement this section. |
Section 3721.042 | Excluded grounds for denial of license.
...The director of health may not deny a nursing home license to a facility seeking a license under this chapter as a nursing home on the grounds that the facility does not satisfy a requirement established in rules adopted under section 3721.04 of the Revised Code regarding the toilet rooms and dining and recreational areas of nursing homes if all of the following requirements are met: (A) The facility seeks a ... |
Section 3721.05 | Operating home requires license - prohibited activities.
...btaining a license from the director of health; (B) Violate any of the conditions or requirements necessary for licensing after the license has been issued; (C) Operate a home after the license for such has been revoked by the director of health; (D) Interfere with the inspection of a licensed home by any state or local official when he is performing duties required of him by Chapter 3721. of the Revised Code. Al... |
Section 3721.051 | County or district - prohibited activities.
...nse has been revoked by the director of health; (C) Fail to be open for an inspection, or interfere with an inspection, by a state or local official performing inspection duties under Chapter 3721. of the Revised Code; (D) Violate any of the provisions of this chapter or any rules adopted thereunder. |
Section 3721.06 | Prohibition against placement of person in unlicensed home.
... without a license from the director of health or from a political subdivision certified pursuant to section 3721.09 of the Revised Code. |
Section 3721.071 | Home must be equipped with both automatic fire extinguishing and fire alarm systems.
...ent of commerce, and the department of health. It is the express intent of the general assembly 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.
...(A) As 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 sha... |
Section 3721.08 | Injunctive relief.
...(A) The director of health may petition the court of common pleas of the county in which the home is located for an order enjoining any person from operating a home without a license or enjoining a county home or district home that has had its license revoked from continuing to operate. The court shall have jurisdiction to grant such injunctive relief upon a showing that the respondent named in the petition is operat... |
Section 3721.081 | Summary orders.
...on for the transfer is due to an environmental condition affecting the home, the director may transfer only those residents directly affected by the environmental condition. (b) If the reason for the transfer is due to a clinical condition that affects the entire home, the director may transfer all residents for the lesser of thirty calendar days or until the date that the condition is no longer affecting the home.... |
Section 3721.09 | Local regulations.
...ical subdivisions which the director 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 a... |
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.
... and telephone numbers of the board of health of the health district of the county in which the home is located, the county department of job and family services of the county in which the home is located, the state departments of health and medicaid, the state and local offices of the department of aging, and any Ohio nursing home ombudsman program. (B) Written acknowledgment of the receipt of copies of the m... |
Section 3721.121 | Criminal records check.
...ant to rules adopted by the director of health under section 3721.04 of the Revised Code and provided by and on the same site as homes licensed under this chapter. (2) "Applicant" means a person who is under final consideration for employment with a home or adult day-care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a pe... |
Section 3721.122 | Screening and accommodations for sex offenders.
...Before an individual is admitted as a resident to a home, the home's administrator shall search for the individual's name in the internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code. If the search results identify the individual as a sex offender and the individual is admitted as a resident to the home, the administrator shall ... |
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 3721.161 | 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 3918.05 | Coverage date.
...t life insurance or credit accident and health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, or the date from which interest or finance charges accrue if later, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effect... |
Section 3918.06 | Delivery of policy or group certificate of insurance to debtor.
... life insurance and credit accident and health insurance sold shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor. (B) Each individual policy or group certificate of credit life insurance, or credit accident and health insurance, or both shall, in addition to other requi... |
Section 3918.07 | Filing policies with superintendent of insurance.
...(A) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders providing coverage on residents of Ohio shall be filed with the superintendent of insurance. (B) The superintendent shall within thirty days after the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders,... |
Section 3918.08 | Filing schedules of premium rates with superintendent of insurance.
...t life insurance or credit accident and health insurance shall file with the superintendent of insurance its schedules of premium rates for use in connection with such insurance. Any insurer may revise such schedules from time to time, and shall file such revised schedules with the superintendent. No insurer shall issue any credit life insurance policy for which the premium rate exceeds that determined by the schedul... |
Section 3918.09 | Authorized insurers.
... life insurance and credit accident and health insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business in this state. |
Section 3918.10 | Reporting and payment of claims.
...(A) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (B) All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due p... |
Section 3918.11 | Debtor has option of furnishing additional security through existing policies.
...t life insurance or credit accident and health insurance is required as additional security for an indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this ... |
Section 3918.12 | Rules and regulations - enforcement.
...The superintendent may, in accordance with section 119.03 of the Revised Code, adopt such rules and regulations as he deems appropriate, for the enforcement of sections 3918.01 to 3918.11 of the Revised Code. Whenever the superintendent finds that there has been a violation of sections 3918.01 to 3918.13 of the Revised Code or any rules or regulations adopted pursuant thereto, and after written notice thereof and he... |
Section 3918.13 | Judicial review.
...Any party to the proceeding affected by an order of the superintendent shall be entitled to judicial review by following the procedure set forth in section 119.12 of the Revised Code. |
Section 3918.99 | Penalty.
...Whoever violates sections 3918.01 to 3918.13, inclusive, of the Revised Code, shall be fined not less than one hundred nor more than one thousand dollars. The penalty provided in this section is in addition to any other penalty provided by law. |
Section 3924.01 | Small employer health benefit plans - provision of health care coverage definitions.
...erson's examination, a carrier offering health benefit plans to small employers is in compliance with sections 3924.01 to 3924.06 of the Revised Code. "Actuarial certification" shall include a review of the appropriate records of, and the actuarial assumptions and methods used by, the carrier relative to establishing premium rates for the health benefit plans. (B) "Base premium rate" means, as to any health benefit... |
Section 3924.02 | Health care benefit plans covered by chapter.
...(A) An individual or group health benefit plan is subject to sections 3924.01 to 3924.06 of the Revised Code if it provides health care benefits covering at least two but no more than fifty employees of a small employer, and if it meets either of the following conditions: (1) Any portion of the premium or benefits is paid by a small employer, or any covered individual is reimbursed, whether through wage adjustments... |
Section 3924.032 | Refusing to issue plans in small employer market.
...(A) A carrier may refuse to issue health benefit plans in the small employer market if the carrier has demonstrated both of the following to the superintendent of insurance: (1) The carrier does not have the financial reserves necessary to underwrite additional coverage. (2) The carrier is applying division (A) of this section uniformly to all employers in the small employer market in this state consistent with the... |
Section 3924.033 | Information disclosed by carrier to employer.
...r, in connection with the offering of a health benefit plan to a small employer, shall disclose to the employer, as part of its solicitation and sales materials, the following information: (1) The provisions of the plan concerning the carrier's right to change premium rates and the factors that may affect changes in premium rates; (2) The provisions of the plan relating to renewability of coverage; (3) The provisi... |
Section 3924.04 | Limits on premium rates - low claim rates.
...(A)(1) With respect to any health benefit plan of a carrier and except as otherwise provided in divisions (A)(2) and (3) of this section, the premium rates charged or offered for a rating period for the same or similar coverage under a health benefit plan covering any small employer with similar case characteristics shall not vary from the applicable midpoint rate by more than forty per cent of the midpoint rate, as... |
Section 3924.06 | Demonstrating compliance through actuarial certification.
...uarial certification. Carriers offering health benefit plans to small employers shall file annually with the superintendent of insurance an actuarial certification stating that the underwriting and rating methods of the carrier do all of the following: (1) Comply with accepted actuarial practices; (2) Are uniformly applied to health benefit plans covering small employers; (3) Comply with the applicable provisi... |
Section 3924.21 | Overcharges.
...(A) As used in this section: (1) "Beneficiary," "hospital," and "third-party payer" have the same meanings as in section 3901.38 of the Revised Code. (2) "Overcharged" means charged more than the usual and customary charge, rate, or fee that is charged by the provider or hospital for a particular item or service. (3) "Provider" has the same meaning as in section 3902.11 of the Revised Code. (B) If a beneficiary ... |
Section 3924.25 | Prohibiting exclusion based on health condition.
...t, due solely to the actual or expected health condition of one or more individuals, excludes or causes the exclusion of any individual from coverage under an existing employer-provided policy, contract, or plan of health benefits for which the individual would otherwise be eligible. (C) If an employer violates division (B) of this section, the prosecuting attorney of the county in which an individual who was exclud... |
Section 3924.41 | Prohibiting consideration of eligibility for medical assistance.
...4.41 and 3924.42 of the Revised Code, "health insurer" means any sickness and accident insurer or health insuring corporation. "Health insurer" also includes any group health plan as defined in section 607 of the federal "Employee Retirement Income Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1167. (B) Notwithstanding any other provision of the Revised Code, no health insurer shall take into consideration... |
Section 3924.42 | Prohibiting imposing different requirements on department of job and family services.
...No health insurer shall impose requirements on the department of medicaid, when it has been assigned the rights of an individual who is eligible for medicaid and who is covered under a health care policy, contract, or plan issued by the health insurer, that are different from the requirements applicable to an agent or assignee of any other individual so covered. |
Section 3924.46 | Prohibiting denial of enrollment of certain children.
...924.46 to 3924.49 of the Revised Code, "health insurer" has the same meaning as in section 3924.41 of the Revised Code. (B) No health insurer shall deny enrollment of a child under the health plan of the child's parent on the basis that any of the following applies: (1) The child was born out of wedlock. (2) The child is not claimed as a dependent on the federal tax return of the parent. (3) The child does not re... |
Section 3924.47 | Duties of health insurer of noncustodial parent.
...If a child has health care coverage through a health insurer of a noncustodial parent, the health insurer shall do all of the following: (A) Provide such information to the custodial parent of the child as may be necessary for the child to obtain benefits through the coverage; (B) Permit the custodial parent, or a provider with the approval of the custodial parent, to submit claims for covered services without the ... |
Section 3924.48 | Parent required by court or administrative order to provide health care coverage for child - duties of health insurer.
...ourt or administrative order to provide health care coverage for the child, and if the parent is eligible for family health care coverage provided by a health insurer, the health insurer shall do both of the following: (1) If the child is otherwise eligible for the coverage, permit the parent to enroll the child under the family coverage without regard to any enrollment period restrictions; (2) If the parent is enr... |
Section 3924.49 | Parent required by court or administrative order to provide health care coverage for child - duties of parent.
...ourt or administrative order to provide health insurance coverage for the child, which coverage is available through an employer doing business in this state, the employer shall do all of the following: (1) If the child is otherwise eligible for the family coverage, permit the parent to enroll the child under the coverage without regard to any enrollment period restrictions; (2) If the parent is enrolled under the... |
Section 3924.51 | Plan benefits for adopted children.
...option or placement for adoption. (2) "Health insurer" has the same meaning as in section 3924.41 of the Revised Code. (3) "Placement for adoption" means the assumption and retention by a person of a legal obligation for total or partial support of a child in anticipation of the adoption of the child. The child's placement with a person terminates upon the termination of that legal obligation. (B) If an individual... |