Ohio Revised Code Search
Section |
---|
Section 3721.022 | Establishing and maintaining health standards and serving as state survey agency.
....R. 488.301. The first review shall be conducted by an employee of the department who did not participate in and was not otherwise involved in any way with the survey. A facility that is not satisfied with the results of a first review may receive a second review on payment of a fee to the department. The amount of the fee shall be specified in rules adopted under this section. The fee shall be deposited into ... |
Section 3721.023 | Party identified in license deemed sole owner of business on premises leased on or before 1-1-70.
..., beds, or operating rights without the consent of the owner of the real estate in or on which the nursing home is operated. Where a court having jurisdiction over a nursing home has determined prior to July 1, 1993, that the lessee or person in possession of and operating the nursing home owns the operating rights of the nursing home and there is no written lease agreement between the owner of the real estate and th... |
Section 3721.024 | Nursing facility recognition program.
... as in section 5165.01 of the Revised Code. The department of health may establish a program of recognition of nursing facilities that provide the highest quality care to residents who are medicaid recipients. The program may be funded with public funds appropriated by the general assembly for the purpose of the program or any funds appropriated for nursing home licensure. |
Section 3721.026 | Assignment or transfer of operation of nursing home.
...e services to the nursing home, through contracts with any party identified in division (A)(1)(a) of this section. (b) Disclosure of whether a person or government entity identified in division (A)(1)(a) of this section has or had a direct or indirect ownership or operational interest in a current or previously licensed nursing home in this state or another state, including disclosure of whether any of the followi... |
Section 3721.027 | Investigation of unresolved complaints found to be valid.
... as in section 5165.60 of the Revised Code. (B) The department of health shall investigate within ten working days after referral, in accordance with procedures and criteria to be established by the department of health and the department of aging, any unresolved complaint that the office of the state long-term care ombudsman has investigated and found to be valid and refers to the department of health. This r... |
Section 3721.03 | Enforcement of provisions - revocation of license.
... under Chapter 119. of the Revised Code concerning the order or license revocation have been concluded or the director notifies the person, county home, or district home that the prohibition has been lifted. If a license is revoked under this section, the former license holder shall not assign or transfer or consent to assignment or transfer of the right to operate the home. Any attempted assignment or transfer to a... |
Section 3721.031 | Investigation of complaint concerning home - disclosure of information.
...ome. (1) Except as required by court order, as necessary for the administration or enforcement of any statute relating to homes, or as provided in division (C) of this section, the director and any employee of the department of health shall not release any of the following information without the permission of the individual or of the individual's legal representative: (a) The identity of any patient or resident; ... |
Section 3721.032 | Fire marshal to enforce and adopt fire safety rules.
...to fire safety in homes as the marshal determines necessary. The rules adopted by the marshal shall be in addition to those fire safety rules that the board of 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 ap... |
Section 3721.04 | Adoption and publication of uniform rules governing operation of homes.
...and comfortable conditions for all residents, so long as they are not inconsistent with Chapters 3781. and 3791. of the Revised Code or with any rules adopted by the board of building standards and by the state fire marshal; (2) The number and qualifications of personnel, including management and nursing staff, for each class of home, and the qualifications of nurse aides, as defined in section 3721.21 of the ... |
Section 3721.041 | Vaccinations to be offered to residents.
... as in section 4723.01 of the Revised Code. (3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (B)(1) Each home shall, on an annual basis, offer to each resident, in accordance with guidelines issued by the advisory committee, vaccination against influenza, unless a physician, certified nurse-midwife if autho... |
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.
...ctor 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. All licensed homes shall be open f... |
Section 3721.051 | County or district - prohibited activities.
... the following: (A) Violate any of the conditions or requirements necessary for licensing after the license has been issued; (B) Continue operation after its license 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 o... |
Section 3721.06 | Prohibition against placement of person in unlicensed home.
... any person to be placed in any home as defined in section 3721.01 of the Revised Code which is being operated without a license from the director of health or from a political subdivision certified pursuant to section 3721.09 of the Revised Code. |
Section 3721.07 | Requirement for issuance of license - revocation.
...he home, the following requirements or conditions are satisfied or complied with: (A) The applicant has not been convicted of a felony or a crime involving moral turpitude; (B) The applicant is not violating any of the rules adopted by the director of health or any order issued by the director; (C) The applicant has not had a license to operate the home revoked pursuant to section 3721.03 of the Revised Code ... |
Section 3721.071 | Home must be equipped with both automatic fire extinguishing and fire alarm systems.
...ire extinguishing requirements is extended to January 1, 1976, provided the buildings of the home are otherwise in compliance with fire safety laws and regulations and: (A) The home within thirty days after August 4, 1975, files a written plan with the state fire marshal's office that: (1) Outlines the interim safety procedures which shall be carried out to reduce the possibility of a fire; (2) Provides evide... |
Section 3721.072 | Biennial participation in quality improvement projects.
...ulture improvements. A nursing home may consider projects included on the list made available by the department of aging under the nursing home quality initiative established under section 173.60 of the Revised Code. (C) Beginning July 1, 2015, each nursing home shall participate in advance care planning with each resident or the resident's sponsor if the resident is unable to participate. For each resident, the ad... |
Section 3721.074 | Continued operation during application period.
...ny provision of the Revised Code to the contrary, an independent living facility or residential facility that applies to the director of health pursuant to section 3721.07 of the Revised 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... |
Section 3721.08 | Injunctive relief.
...e 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 operating a home without a license or that the county home or district home named in the petition is operating despite the revocation of its license. The court shall have jurisdiction to grant such injunctive relief against the ope... |
Section 3721.081 | Summary orders.
...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. If the... |
Section 3721.09 | Local regulations.
..., 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto are not applicable in political 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 ... |
Section 3721.10 | Residents' rights definitions.
...ts in resolving problems and complaints concerning their care and treatment, and assisting them in securing adequate services to meet their needs; (3) A member of the general assembly. (F) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door.... |
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.
...ome shall: (1) With the advice of residents, their sponsors, or both, establish and review at least annually, written policies regarding the applicability and implementation of residents' rights under sections 3721.10 to 3721.17 of the Revised Code, the responsibilities of residents regarding the rights, and the home's grievance procedure established under division (A)(2) of this section. The administrator is... |
Section 3721.121 | Criminal records check.
...cant" 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 person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses. (3) "Community-b... |