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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 5165.69 | Plan of correction.

...rsing facility receives a statement of deficiencies under section 5165.68 of the Revised Code, the facility shall submit to the department of health for its approval a plan of correction for each finding cited in the statement. The plan shall include all of the following: (1) Detailed descriptions of the actions the facility will take to correct each finding, including actions the facility will take to protec...

Section 5165.70 | On-site monitoring.

...t to conduct on-site monitoring of a nursing facility whenever a finding is cited, including any finding cited pursuant to division (E) of section 5165.66 of the Revised Code, or an emergency is found to exist. Appointment of monitors under this section is not subject to appeal under section 5165.87 or any other section of the Revised Code. No employee of a facility for which monitors are appointed, no person e...

Section 5165.71 | Deficiencies not substantially corrected.

... contracting agency shall permit the nursing facility to continue participating in the medicaid program for up to six months after the exit interview, if all of the following apply: (1) The facility meets the requirements, established in regulations issued by the United States secretary of health and human services under Title XIX for certification of nursing facilities that have a deficiency. (2) The departm...

Section 5165.72 | Uncorrected deficiencies constituting severity level four findings.

... (a) Issue an order terminating the nursing facility's participation in the medicaid program. (b) Do either of the following: (i) Regardless of whether the provider consents, appoint a temporary manager of the facility. (ii) Apply to the common pleas court of the county in which the facility is located for such injunctive or other equitable relief as is necessary for the appointment of a special master with ...

Section 5165.73 | Uncorrected deficiencies constituting severity level three and scope level three or four findings.

...If the department of health cites a deficiency, or cluster of deficiencies, that was not substantially corrected before a survey and constitutes a severity level three and scope level three or four finding, the department of medicaid or a contracting agency may, subject to sections 5165.82 and 5165.83 of the Revised Code, impose one or more of the following remedies: (A) Do either of the following: (1) Issue...

Section 5165.74 | Uncorrected deficiencies constituting severity level one or two or severity level three, scope level two finding.

...(A) If the department of health cites a deficiency, or cluster of deficiencies, that was not substantially corrected before a survey and constitutes a severity level three and scope level two finding, the department of medicaid or a contracting agency may, subject to sections 5165.82 and 5165.83 of the Revised Code, impose one or more of the following remedies: (1) Do either of the following: (a) Issue an ord...

Section 5165.75 | Imposing remedies and fines.

... provide a written statement to the nursing facility that specifies all of the following: (1) The effective date of each remedy; (2) The deficiency or cluster of deficiencies for which each remedy is imposed; (3) The severity and scope of the deficiency or cluster of deficiencies; (4) The rationale, including all applicable factors specified in division (A) of this section, for imposing the remedies.

Section 5165.76 | Fine collected if termination order does not take effect.

... Code, issues an order terminating a nursing facility's participation in the medicaid program, the department or agency may also impose a fine, in accordance with sections 5165.72 to 5165.74 and 5165.83 of the Revised Code, to be collected in the event the termination order does not take effect. The department or agency shall not collect this fine if the termination order takes effect.

Section 5165.77 | Emergency remedies.

...survey that an emergency exists at a nursing facility, as the result of a deficiency or cluster of deficiencies that creates immediate jeopardy, the department of medicaid or a contracting agency shall impose one or more of the remedies described in division (A)(1) of this section and, in addition, may take one or both of the actions described in division (A)(2) of this section. (1) The department or agency sh...

Section 5165.771 | Special focus facility program.

...ty and quality of care provided by a nursing facility as required under the special focus facility program. (B) The department of medicaid shall issue an order terminating a nursing facility's participation in the medicaid program if either of the following apply: (1) The nursing facility fails to graduate from the special focus facility program after two standard health surveys while in the program. (2) The...

Section 5165.78 | Appointment of temporary resident safety assurance manager.

...tment of medicaid determines that a nursing facility is experiencing or is likely to experience a serious financial loss or failure that jeopardizes or is likely to jeopardize the health, safety, and welfare of its residents, the department, subject to the provider's consent, may appoint a temporary resident safety assurance manager in the nursing facility to take actions the department determines are appropria...

Section 5165.79 | Terminating provider agreements.

...ing" includes not renewing. (B) A nursing facility's participation in the medicaid program shall be terminated under sections 5165.60 to 5165.89 of the Revised Code as follows: (1) If the department of medicaid is terminating the facility's participation, it shall issue an order terminating the facility's provider agreement. (2) If the department of health, acting as a contracting agency, is terminating the...

Section 5165.80 | Transfer of residents to other appropriate care settings.

...henever a nursing facility is closed under sections 5165.60 to 5165.89 of the Revised Code, the department of medicaid or contracting agency shall arrange for the safe and orderly transfer of all residents, including residents who are not medicaid eligible residents, to other appropriate care settings. Whenever a nursing facility's participation in the medicaid program is terminated under sections 5165.60 to 51...

Section 5165.81 | Qualifications of temporary manager of nursing facility.

...of a nursing facility appointed by the department of medicaid or a contracting agency under sections 5165.60 to 5165.89 of the Revised Code shall meet all of the following qualifications: (1) Be licensed as a nursing home administrator under Chapter 4751. of the Revised Code; (2) Have demonstrated competence as a nursing home administrator; (3) Have had no disciplinary action taken against the temporary man...

Section 5165.82 | Residents to whom denial of medicaid payments applies.

...Code denying medicaid payments to a nursing facility for all medicaid eligible residents admitted after its effective date, or an order issued under section 5165.72, 5165.73, or 5165.74 of the Revised Code denying medicaid payments to a nursing facility for medicaid eligible residents admitted after the effective date of the order who have specified diagnoses or special care needs, shall also apply to individu...

Section 5165.83 | Fines.

...tracting agency imposes a fine on a nursing facility under section 5165.72, 5165.73, or 5165.74 of the Revised Code, it may impose one or more of the following: (1) One hundred sixty per cent of the amount calculated under division (C) of this section for any deficiency or cluster of deficiencies that constitutes a severity level four and scope level four finding; (2) One hundred forty per cent of the amount ...

Section 5165.84 | Order denying payment when deficiency is not corrected within time limits.

...rder denying medicaid payments to a nursing facility for all medicaid eligible residents admitted to the facility on or after the effective date of the order, if the facility has failed to substantially correct within ninety days after the exit interview a deficiency or cluster of deficiencies in accordance with the plan of correction it submitted under section 5165.69 of the Revised Code, as determined by the...

Section 5165.85 | Termination of participation for failure to correct deficiency within six months.

...(A) If a nursing facility notifies the department of medicaid or a contracting agency, at any time during the six-month period following the exit interview of a survey that was the basis for citing a deficiency or deficiencies, that the deficiency or deficiencies have been substantially corrected in accordance with the plan of correction submitted and approved under section 5165.69 of the Revised Code, the depa...

Section 5165.86 | Delivery of notices.

...ten notice, statement, or order to a nursing facility under sections 5165.60 to 5165.66 and 5165.69 to 5165.89 of the Revised Code by certified mail, hand delivery, or other means reasonably calculated to provide prompt actual notice. If the notice, statement, or order is mailed, it shall be addressed to the administrator of the facility as indicated in the department's or agency's records. If it is hand delivered, i...

Section 5165.87 | Appeals.

...85 of the Revised Code terminating a nursing facility's participation in the medicaid program; (2) Appointment of a temporary manager of a facility under division (A)(1)(b) or (2)(b) of section 5165.72, or division (A)(1)(d) of section 5165.77 of the Revised Code; (3) An order issued under section 5165.72, 5165.73, 5165.74, 5165.77, or 5165.84 of the Revised Code denying medicaid payments to a facility for all ...

Section 5165.88 | Confidentiality.

...orcement of any statute relating to nursing facilities, or as provided in division (C) of this section, the department of medicaid and any contracting agency shall not release any of the following information without the permission of the individual or the individual's legal representative: (a) The identity of any resident of a nursing facility; (b) The identity of any individual who submits a complaint abou...

Section 5165.89 | Hearing on transfer or discharge of resident who medicaid or medicare beneficiary.

...62 of the Revised Code concerning a nursing facility's decision to transfer or discharge a resident if the resident is a medicaid recipient or medicare beneficiary.

Section 5165.99 | Penalty.

...(E) of section 5165.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund. (B) Whoever violates division (D) of section 5165.8...

Section 5166.01 | Definitions.

...an alternative to hospital services, nursing facility services, or ICF/IID services. "Hospital" has the same meaning as in section 3727.01 of the Revised Code. "Hospital long-term care unit" has the same meaning as in section 5168.40 of the Revised Code. "ICDS participant" has the same meaning as in section 5164.01 of the Revised Code. "ICF/IID" and "ICF/IID services" have the same meanings as in section ...

Section 5166.02 | Rules governing medicaid waiver components.

...ng corrective action plans for, and imposing financial and administrative sanctions on, persons and government entities that violate the rules. Sanctions shall include terminating provider agreements. The procedures shall include due process protections. (9) Other policies necessary for the efficient administration of the medicaid waiver components. (B) The director may adopt different rules for the different m...