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Section 5166.01 | Definitions.

...nted by the United States department of health and human services under section 1115 or 1915 of the "Social Security Act," 42 U.S.C. 1315 or 1396n. "Medicaid waiver component" does not include the care management system or services delivered under a prepaid inpatient health plan, as defined in 42 C.F.R. 438.2. "Medically fragile child" means an individual who is under eighteen years of age, has intensive health ca...

Section 5166.02 | Rules governing medicaid waiver components.

...aid services; (6) Safeguards for the health and welfare of medicaid recipients receiving medicaid services under a medicaid waiver component; (7) Procedures for prioritizing and approving for enrollment individuals who are eligible for a home and community-based services medicaid waiver component and choose to be enrolled in the component; (8) Procedures for enforcing the rules, including establishing correc...

Section 5166.03 | Notice of intent to request medicaid waiver.

...quest to the United States secretary of health and human services for a medicaid waiver under the "Social Security Act," section 1115, 42 U.S.C. 1315, unless the director provides the speaker of the house of representatives and president of the senate written notice of the director's intent to submit the request at least ten days before the date the director submits the request to the United States secretary. The not...

Section 5166.04 | Home and community-based services medicaid waiver components.

...afeguards shall be taken to protect the health and welfare of individuals receiving medicaid services under a component, including safeguards established in rules adopted under section 5166.02 of the Revised Code and safeguards established by licensing and certification requirements that are applicable to the providers of that component's medicaid services. (H) No medicaid services may be provided under a compo...

Section 5166.041 | Provision of nursing services in a group visit under a home and community-based services medicaid waiver component.

...A medicaid provider of nursing services may provide nursing services in a group visit under a home and community-based services medicaid waiver component if the component covers the nursing services, the number of medicaid recipients who receive the nursing services during the group visit does not exceed four, and all of the following apply to all of those medicaid recipients: (A) They are enrolled in the component;...

Section 5166.05 | Review of plans of care and individual service plans.

...The department of medicaid may review and approve, modify, or deny written plans of care and individual service plans that section 5166.04 of the Revised Code requires be created for individuals determined eligible for a home and community-based services medicaid waiver component. If a state agency or political subdivision contracts with the department under section 5162.35 of the Revised Code to administer a h...

Section 5166.06 | Agency records of costs of medicaid waiver components.

...uest to the United States secretary of health and human services, United States comptroller general, and their designees.

Section 5166.07 | Agency accountable for medicaid waiver components funds.

...Each administrative agency is financially accountable for funds expended for medicaid services covered by the home and community-based services medicaid waiver components that the agency administers.

Section 5166.08 | Agency contracting for medicaid waiver components; assurance of compliance.

...Each state agency and political subdivision that enters into a contract with the department of medicaid under section 5162.35 of the Revised Code to administer a home and community-based services medicaid waiver component, or one or more aspects of such a component, shall provide the department a written assurance that the agency or subdivision will not violate any of the requirements of sections 5166.01 to 516...

Section 5166.09 | Reservation of participant capacity for individuals related to active duty military who were receiving services in another state.

...Every home and community-based services medicaid waiver component shall reserve a portion of the participant capacity of the waiver for eligible individuals whose spouse or parent or legal guardian is an active duty military service member and, at the time of the service member's transfer to Ohio, the eligible individual was receiving home and community-based services in another state.

Section 5166.10 | Transfer of enrollee in one medicaid waiver component to another.

...er does not jeopardize the individual's health or safety.

Section 5166.11 | Creation of medicaid waiver components for home and community-based services programs.

...(A) As used in this section, "Ohio home care program" means the program the department of medicaid administers that provides state plan services and medicaid waiver component services pursuant to rules adopted for the medicaid program and a medicaid waiver that went into effect July 1, 1998. (B) The department of medicaid may create and administer two or more medicaid waiver components under which home and co...

Section 5166.121 | Home first component for the Ohio home care waiver program.

...(A) Unless the Ohio home care waiver program is terminated pursuant to section 5165.12 of the Revised Code, the department of medicaid shall establish a home first component for the Ohio home care waiver program. An individual is eligible for the Ohio home care waiver program's home first component if the individual has been determined to be eligible for the Ohio home care waiver program and at least one of the...

Section 5166.16 | Integrated care delivery system medicaid waiver.

...(A) As used in this section and section 5166.161 of the Revised Code, "ODA or MCD medicaid waiver component" means all of the following: (1) The medicaid-funded component of the PASSPORT program; (2) The medicaid-funded component of the assisted living program; (3) The Ohio home care waiver program. (B) The medicaid director may create a home and community-based services medicaid waiver component as part ...

Section 5166.161 | Home and community-based services for Holocaust survivors.

...The department of medicaid shall ensure that each ICDS participant who is a survivor of the Holocaust that occurred in Europe during World War II receives, while enrolled in the ICDS medicaid waiver component, home and community-based services of the type and in at least the amount, duration, and scope that the participant is assessed to need and would have received if the participant were enrolled in an ODA or MCD m...

Section 5166.20 | Additional Medicaid waiver components for home and community-based services.

...dicaid shall seek, accept, and consider public comments.

Section 5166.21 | Transitions developmental disabilities waiver.

...The department of medicaid shall enter into a contract with the department of developmental disabilities under section 5162.35 of the Revised Code with regard to one or more of the medicaid waiver components created by the department of medicaid under section 5166.20 of the Revised Code. The contract shall include the medicaid waiver component known as the transitions developmental disabilities waiver. The contract s...

Section 5166.22 | Allocating enrollment numbers to county board of developmental disabilities.

...(A) Subject to division (B) of this section, when the department of developmental disabilities allocates enrollment numbers to a county board of developmental disabilities for home and community-based services specified in division (A)(1) of section 5166.20 of the Revised Code and provided under any of the medicaid waiver components that the department administers under section 5166.21 of the Revised Code, the depart...

Section 5166.23 | Rules regarding payments for home and community-based services provided under medicaid component.

...g the resources necessary to assure the health and welfare of consumers; (d) Recognize variations in environmental supports available to consumers. (B) As part of the process of adopting rules authorized by this section, the director shall consult with the director of developmental disabilities, representatives of county boards of developmental disabilities, persons who provide the home and community-based se...

Section 5166.30 | Coverage of home care attendant services.

...attendant services. (4) "Authorizing health care professional" means a health care professional who, pursuant to section 5166.307 of the Revised Code, authorizes a home care attendant to assist a consumer with self-administration of medication, nursing tasks, or both. (5) "Consumer" means an individual to whom all of the following apply: (a) The individual is enrolled in a participating medicaid waiver compo...

Section 5166.301 | Home care attendant services providers.

...s specified in 42 C.F.R. 484.4 for home health aides or has successfully completed at least one of the following: (a) A competency evaluation program or training and competency evaluation program approved or conducted by the director of health under section 3721.31 of the Revised Code; (b) A training program approved by the appropriate director that includes training in at least all of the following and provid...

Section 5166.302 | Continuing education requirements for home care attendants.

...A home care attendant shall complete not less than twelve hours of in-service continuing education regarding home care attendant services each year and provide the appropriate director evidence satisfactory to the appropriate director that the attendant satisfied this requirement. The evidence shall be submitted to the appropriate director not later than the annual anniversary of the issuance of the home care a...

Section 5166.303 | Responsibilities of home care attendants.

...ith all of the following to monitor the health and welfare of each of the consumers to whom the attendant provides home care attendant services: (1) The consumer; (2) The consumer's authorized representative, if any; (3) A registered nurse who agrees to answer any questions that the attendant, consumer, or authorized representative has about consumer care needs, medications, and other issues. (C) Document...

Section 5166.304 | Nursing assistance by home care attendants.

...de the assistance that the authorizing health care professional authorizes the attendant to provide to the consumer; (2) At the request of the consumer, consumer's authorized representative, or authorizing health care professional, successfully demonstrates that the attendant has learned how to provide the authorized assistance to the consumer. (B) The training required by division (A)(1) of this section shal...

Section 5166.305 | Nursing assistance by home care attendants; consent and authorization.

... the Revised Code; (B) The authorizing health care professional's written authorization provided to the appropriate director under section 5166.307 of the Revised Code.

Section 3783.07 | Investigations.

...The board, upon its own motion or upon a written complaint of any person affected by enforcement, may investigate the actions of any electrical safety inspector and may revoke or suspend the certificate of any electrical safety inspector for reasons that shall be established by regulations adopted by the board. Hearings shall be held and appeals permitted on any such proceedings for revocation or suspension of a cert...

Section 3783.09 | Effect of child support default on certificate.

...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the board of building standards shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter.

Section 3783.99 | Penalty.

...Whoever violates section 3783.06 of the Revised Code shall be fined not more than five hundred dollars.

Section 3791.01 | Prohibited acts generally.

...No owners, officers, member of a board or committee, or other person shall construct, erect, build, or equip an opera house, hall, theater, church, schoolhouse, college, academy, seminary, infirmary, sanitarium, children's home, hospital, medical institute, asylum, memorial building, armory, assembly hall, or other building used for the assemblage or betterment of people in any municipal corporation, county, or towns...

Section 3791.02 | Failure to obey order prohibited.

...r of the state fire marshal, boards of health of city and general health districts, the building inspector or commissioner in cities having a building inspection department, or the superintendent of industrial compliance in the department of commerce under Chapters 3781. and 3791. of the Revised Code or rules or regulations adopted pursuant thereto. Whoever violates this section shall be fined not more than o...

Section 3791.03 | General prohibition - fine.

...No architect, engineer, builder, plumber, carpenter, mason, contractor, subcontractor, foreman, or employee shall violate or assist in the violation of Chapters 3781. and 3791. of the Revised Code or rules or regulations adopted pursuant thereto or of any order issued thereunder. Whoever violates this section shall be fined not more than one thousand dollars.

Section 3791.031 | No smoking area in place of public assembly required.

...ich persons are confined as a matter of health care, including but not limited to a hospital room and a room in a residential care facility serving as the residence of a person living in such residential care facility; (2) All buildings and other enclosed structures owned by the state, its agencies, or political subdivisions, including but not limited to hospitals and state institutions for persons with mental illn...

Section 3791.04 | Submission of plan - approvals - prohibition - fine.

...(A)(1) Before beginning the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code applies, including all industrialized units, the owner of that building, in addition to any other submission required by law, shall submit plans or drawings, specifications, and data prepared for the construction, erection, equipment, alteration, or addition that indicate the portions ...

Section 3791.041 | Fire protection systems.

...(A) The board of building standards shall maintain a current list of individuals certified under section 3781.105 of the Revised Code and shall ensure that municipal, township, or county building departments certified under division (E) of section 3781.10 of the Revised Code have a current copy of the list. (B) The rules adopted under section 3791.04 of the Revised Code by the board of building standards or the legi...

Section 3791.042 | Plan and specification review.

...If a building department certified under section 3781.10 of the Revised Code does not have personnel in its full-time employ who are certified by the board of building standards to do plan and specification review, plans and specifications submitted to the building department shall be examined by the approved building official and shall be approved by the official if the plans and specifications conform with the Ohi...

Section 3791.05 | Counter floors in construction - prohibition - penalty.

...No owner, lessee, agent, factor, architect, or contractor engaged in and having supervision or charge of the building, erection, or construction of a block, building, or structure, shall neglect or refuse to place or have placed upon the joists of each story thereof, as soon as joists are in position, counter floors of such quality and strength as to render perfectly safe the going to and from thereon of all me...

Section 3791.06 | Prohibition against use of improper ladders or scaffolding - penalty.

...No person shall employ or direct another to do or perform labor in erecting, repairing, altering, or painting a house, building, or other structure, and knowingly or negligently furnish, erect, or cause to be furnished for erection for and in the performance of said labor, unsuitable or improper scaffolding, hoists, stays, ladders, or other mechanical contrivances which will not give proper protection to the life and...

Section 3791.07 | Inspection fees.

...(A) The superintendent of industrial compliance shall establish such reasonable inspection fee schedules as the superintendent determines necessary or desirable relating to the inspection of all plans and specifications submitted for approval to the division of industrial compliance, and all industrialized units inspected at the point of origin and at the construction site of the building. The inspection fee schedule...

Section 3791.12 | Inspections - hearings.

...in conditions that endanger the public health, welfare, safety, or morals; provided, that such conditions include, but are not limited to, the presence of defective or deteriorated electrical wiring, heating apparatus, and gas connections, or of unprotected gasoline storage tanks, piping, and valves, or any combination of the foregoing; and provided further that the casual and intermittent use of a service sta...

Section 3791.13 | Repair and removal.

...(A) When a municipal corporation or county enters and repairs or removes an abandoned service station and its appurtenances and restores the property as provided in division (E) or (G) of section 3791.12 of the Revised Code, it may bring an action to recover the costs of repair or removal and restoration, plus the costs of the suit. The owner of the property and any lessee, other than a person leasing and opera...

Section 3791.21 | Refuse container safety standards.

...(A) As used in this section "refuse container" means only that type of refuse container which is self-dumping by means of a specially designed front, side, or rear loading vehicle. (B) The board of building standards shall adopt by rule safety standards in compliance with regulations adopted by the federal consumer product safety commission on June 13, 1977 (Federal Register Vol. 42, No. 113, pp. 30296-30302), to re...

Section 3791.99 | Penalty.

...he violation is not detrimental to the health, safety, or welfare of any person, shall be fined not more than one hundred dollars. (C) Whoever violates this chapter or any rule adopted or order issued pursuant to it that relates to the construction, alteration, or repair of any building, and the violation is detrimental to the health, safety, or welfare of any person, is guilty of a minor misdemeanor.

Section 3792.03 | Parental permission for COVID-19 vaccine.

...No individual authorized to administer a vaccine shall administer to a minor a COVID-19 vaccine without first obtaining written permission from the minor's parent or legal guardian.

Section 3792.04 | Public schools and state institutions of higher education - prohibition against mandatory vaccinations and discrimination.

...n does not apply to a hospital or other health care facility that is owned or operated by, or affiliated with, a state institution of higher education.

Section 3792.05 | Congregate care settings - patient and resident advocates.

...ion 4732.01 of the Revised Code. (6) "Public official" means any officer, employee, or duly authorized representative or agent of a political subdivision or state agency. (7) "State agency" means every organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government. "State agency" does not include a court. (B)(1) At the time ...

Section 3792.06 | Never alone information sheet.

...(A)(1) The department of health shall create a "Never Alone" information sheet that describes all of the duties, prohibitions, requirements, and rights established under section 3792.05 of the Revised Code, including the following: (a) That a congregate care setting is prohibited from denying a patient or resident access to an advocate except as provided in division (D)(2) or (E) of section 3792.05 of the Revised C...

Section 3792.07 | World health organization; prohibition on denial of fluids or nutrition.

...city or general health district. (8) "Public official" means any officer, employee, or duly authorized agent or representative of a state agency or political subdivision. (9) "State agency" means any organized agency, board, body, commission, department, institution, office, or other entity established by the laws of the state for the exercise of any function of state government. "State agency" does not include a...

Section 3794.01 | Definitions.

...incense in a religious ceremony. (B) "Public place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence. (C) "Place of employment" means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production...

Section 3794.02 | Smoking prohibitions.

...g Prohibitions. (A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment. (B) A proprietor of a public place or place of ...

Section 3794.03 | Areas where smoking is not regulated by this chapter.

...ll annually file with the department of health by the thirty-first day of January an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. (2) Any retail tobacco store that begins operation after December 7, 2006, or any existing retail tobacco sto...