Ohio Revised Code Search
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Section 3702.303 | Transfer agreements.
...nt shall be filed with the director of health. (B) An ambulatory surgical facility shall update a written transfer agreement every two years and file a copy of the updated agreement with the director. (C) The requirement for a written transfer agreement between an ambulatory surgical facility and a hospital does not apply if either of the following is the case: (1) The facility is a provider-based entity, as... |
Section 3702.304 | Variances from written transfer agreements.
...(A)(1) The director of health may grant a variance from the written transfer agreement requirement of section 3702.303 of the Revised Code if the ambulatory surgical facility submits to the director a complete variance application, prescribed by the director, and the director determines after reviewing the application that the facility is capable of achieving the purpose of a written transfer agreement in the absence... |
Section 3702.305 | Variance application physician attestation.
... (C) If, at any time, the director of health determines that a consulting physician for an ambulatory surgical facility that has been granted a variance from the written transfer agreement requirement of section 3702.303 of the Revised Code has violated the prohibition in division (B) of this section, the director shall rescind the variance. |
Section 3702.306 | Effective period for variances.
...A variance the director of health grants under section 3702.304 of the Revised Code is effective for the period of time specified by the director, except that it shall not be effective beyond the date the ambulatory surgical facility's license expires. If a variance is to expire on the date the facility's license expires, the facility may submit to the director an application for a new variance with its next li... |
Section 3702.307 | Notifications to director.
...l facility shall notify the director of health when any of the following occurs: (A) The facility modifies any provision of its most recent written transfer agreement filed with the director under section 3702.303 of the Revised Code. Notification under these circumstances shall occur not later than the business day after the modification is finalized. As used in this division, "business day" means a day of the week... |
Section 3702.308 | Severability.
...If any provision in sections 3702.302 to 3702.307 of the Revised Code is enjoined, the injunction does not affect any remaining provision of those sections, any provision of section 3702.30 of the Revised Code, or any provision of the rules adopted under that section. |
Section 3702.309 | Suspension of ambulatory surgical license.
...utomatically suspended. The director of health shall reinstate the license if one of the following occurs: (1) The facility files with the director a copy of a written transfer agreement that meets the requirements of section 3702.303 of the Revised Code. (2) The director grants the facility a variance pursuant to the requirements and procedures under section 3702.304 of the Revised Code; (3) The license is requir... |
Section 3702.3010 | Maximum distance of local hospital from ambulatory surgical facility.
...A local hospital shall not be further than thirty miles from an ambulatory surgical facility with which the local hospital has a written transfer agreement under section 3702.303 of the Revised Code. |
Section 3702.3011 | [Former R.C. 3702.305, renumbered by S.B. 157 of the 134th General Assembly, effective 3/23/2022] Conditions on variance.
...itions or no longer adequately protects public health and safety. The director's decision to rescind a variance is final. |
Section 3702.3012 | Surgical smoke evacuation policy.
...acuation system. (C) The director of health may adopt any rules the director considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. |
Section 3702.31 | Quality monitoring and inspection fund.
... in the state treasury. The director of health shall use the fund to administer and enforce this section and sections 3702.30, 3702.301, 3702.32, and 3702.33 of the Revised Code and rules adopted pursuant to those sections. The director shall deposit in the fund any moneys collected pursuant to this section or section 3702.32 of the Revised Code. All investment earnings of the fund shall be credited to the fund. (... |
Section 3702.32 | Violations.
...(A) If the director of health determines that a health care facility is operating without a license in violation of division (E)(1) of section 3702.30 of the Revised Code, the director shall do one or more of the following: (1) Provide an opportunity for the health care facility to apply for a license within a specified time, not exceeding thirty days after the date of the facility's receipt of the order; (2) Issue... |
Section 3702.33 | Petition to enjoin unlicensed health care facility.
...Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised Code may petition the court of common pleas of the county in which the facility is located for an order enjoining the facility from continuing to operate without a license. The court shall grant the order on a showing that the facility named in the petition is violating division... |
Section 3702.34 | Option of having a long-acting reversible contraceptive placed after delivery; exception.
...thing center notifies the department of health in writing that it has a faith-based objection to the requirement. |
Section 3702.40 | Mammogram report; dense breast tissue advisory.
...use this information to speak with your health care provider about your own risk for breast cancer. At that time, ask your health care provider if more screening tests might be useful based on your risk. A report of your mammogram results was sent to your health care provider." As required by 21 C.F.R. 900.12(c)(3), the facility shall send to the patient's health care provider, if known, a copy of the written repor... |
Section 3702.51 | Certificate of need definitions.
...ealth maintenance organization" means a public or private organization organized under the law of any state that is qualified under section 1310(d) of Title XIII of the "Public Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. (J) "Existing long-term care facility" means either of the following: (1) A long-term care facility that is licensed or otherwise authorized to operate in this state in accordance... |
Section 3702.511 | Reviewable activities relating to long-term care facilities.
...constitute an imminent threat to public health or safety and are in violation of federal, state, or local fire, building, or safety statutes, ordinances, rules, or regulations; (5) Acquisition of an existing long-term care facility that does not involve a change in the number of the beds; (6) Mergers, consolidations, or other corporate reorganizations of long-term care facilities that do not involve a change in... |
Section 3702.512 | Addition of twenty or fewer long-term care beds not reviewable.
...(A) Except as provided in division (B) of this section, the addition of twenty or fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply: (1) The nursing home is licensed under section 3721.02 of the Revised Code or by a political subdivision certified under se... |
Section 3702.52 | Administering certificate of need program.
...The director of health shall administer a state certificate of need program in accordance with sections 3702.51 to 3702.62 of the Revised Code and rules adopted under those sections. Administration of the program shall include both a standard review process and an expedited review process. (A) The director shall issue rulings on whether a particular proposed project is a reviewable activity. The director shall iss... |
Section 3702.521 | Recategorize hospital beds to skilled nursing beds - placement in nursing home.
...on and rules adopted by the director of health. (1) No hospital recategorizing beds shall apply for a certificate of need for more than twenty skilled nursing beds. (2) No beds for which a certificate of need is requested under this division shall be reviewed under or counted in any formula developed under rules adopted by the director for the purpose of determining the number of long-term care beds that may be n... |
Section 3702.522 | Revision of application for certificate of need.
...te of need pending with the director of health may revise the application to change the site of the proposed project unless either of the following applies: (A) The director, under section 3702.52 of the Revised Code, has mailed the applicant a written notice that the application is complete. (B) The application is subject to a comparative review under section 3702.593 of the Revised Code. The only revision ... |
Section 3702.523 | Certificates not transferable prior to completion of review.
...(A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the comp... |
Section 3702.524 | Duties of certificate holder within 24 months of grant.
... months after the date the director of health mails the notice that the certificate of need has been granted or, if the grant or denial of the certificate of need is appealed under section 3702.60 of the Revised Code, not later than twenty-four months after issuance of an order granting the certificate that is not subject to further appeal, each person holding a certificate of need granted shall: (1) If the p... |
Section 3702.525 | Reasonable progress required.
...ed shall demonstrate to the director of health, in the form and manner required by rules adopted under section 3702.57 of the Revised Code, that reasonable progress is being made toward the completion of the reviewable activity. If the director determines, in accordance with standards specified in the rules, that reasonable progress is not being made, the director shall withdraw the certificate of need. |
Section 3702.526 | Acceptance of application for replacement certificate of need.
...n (B) of this section, the director of health shall accept an application for a replacement certificate of need for an activity described in division (A) of section 3702.511 of the Revised Code to replace an approved certificate of need if all of the following conditions are met: (1) The applicant requests the replacement certificate of need so that the reviewable activity for which the approved certificate ... |