Ohio Revised Code Search
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Section 3721.074 | Continued operation during application period.
...(A) As used in this section: (1) "Independent living facility" has the same meaning as in section 5709.12 of the Revised Code. (2) "Residential facility" has the same meaning as in section 5119.34 of the Revised Code. (B)(1) Notwithstanding any 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 ... |
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.
...s collected under this section shall be deposited in the state treasury to the credit of the general operations fund created by section 3701.83 of the Revised Code. (F) A home subject to an order or action under this section may request a hearing under Chapter 119. of the Revised Code. The request must be received by the director within fifteen days after the notice of the order was mailed. If the home timely reque... |
Section 3721.09 | Local regulations.
...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 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, 3721.0... |
Section 3721.10 | Residents' rights definitions.
...As used in sections 3721.10 to 3721.18 of the Revised Code: (A) "Home" means all of the following: (1) A home as defined in section 3721.01 of the Revised Code; (2) Any facility or part of a facility not defined as a home under section 3721.01 of the Revised Code that is a skilled nursing facility or nursing facility, both as defined in section 5165.01 of the Revised Code; (3) A county home or district home opera... |
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.
...(A) The administrator of a home 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 s... |
Section 3721.121 | Criminal records check.
...(A) As used in this section: (1) "Adult day-care program" means a program operated pursuant 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 positi... |
Section 3721.122 | Screening and accommodations for sex offenders.
...otect the other residents' rights to a safe environment and to be free from abuse; (B) Notify all of the home's other residents and their sponsors that a sex offender has been admitted as a resident to the home and include in the notice a description of the plan of care developed under division (A) of this section; (C) Direct the individual in updating the individual's address under section 2950.05 of the Revi... |
Section 3721.13 | Residents' rights.
...m any source whatsoever, that have been deposited for safekeeping with the home for use by the resident or the resident's sponsor; (ii) A listing of all deposits and withdrawals transacted, which shall be substantiated by receipts which shall be available for inspection and copying by the resident or sponsor. (28) The right of the resident to be allowed unrestricted access to the resident's property on deposit ... |
Section 3721.14 | Implementation of residents' rights.
...To assist in the implementation of the rights granted in division (A) of section 3721.13 of the Revised Code, each home shall provide: (A) Appropriate staff training to implement each resident's rights under division (A) of section 3721.13 of the Revised Code, including, but not limited to, explaining: (1) The resident's rights and the staff's responsibility in the implementation of the rights; (2) The staff... |
Section 3721.141 | Notification of benefit eligibility.
...(A) As used in this section, "veteran" has the same meaning as in section 5901.01 of the Revised Code. (B) Each nursing home, except a nursing home that participates in the veteran community partnerships program administered by the United States department of veterans affairs, and each skilled nursing facility shall provide both of the following to a veteran, spouse, surviving spouse, or representative on behalf of... |
Section 3721.15 | Authorization to handle residents' financial affairs.
...es a resident's financial affairs shall deposit the resident's funds in excess of one thousand dollars, and may deposit the resident's funds that are one thousand dollars or less, in an interest-bearing account separate from any of the home's operating accounts. Interest earned on the resident's funds shall be credited to the resident's account. A resident's funds that are one thousand dollars or less and have not be... |
Section 3721.16 | Residents' rights concerning transfer or discharge.
... (c) An emergency arises in which the safety of individuals in the home is endangered; (d) An emergency arises in which the health of individuals in the home would otherwise be endangered; (e) An emergency arises in which the resident's urgent medical needs necessitate a more immediate transfer or discharge. In any of the circumstances described in divisions (A)(1)(a) to (e) of this section, the notice sha... |
Section 3721.161 | Hearing challenging proposed transfer or discharge.
...(A) Not later than thirty days after the date a resident or the resident's sponsor receives under section 3721.16 of the Revised Code a notice of a proposed transfer or discharge, whichever date of receiving the notice is later, the resident or resident's sponsor may challenge the proposed transfer or discharge by submitting a written request for a hearing to the state department of health. On receiving the request, ... |
Section 3721.162 | Determining whether transfer or discharge complies.
...(A) On receiving a request pursuant to section 3721.161 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 contrac... |
Section 3721.17 | Grievance procedure.
...e care or treatment, or substantially unsafe conditions, or refer it to the attorney general. (2) The department of health may investigate any alleged violation of sections 3721.10 to 3721.17 of the Revised Code, or of rules, policies, or procedures adopted pursuant to those sections, not covered by division (C)(1) of this section, or it may refer the complaint to the grievance committee at the home where the alle... |
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.
...(A) As used in this section: (1) "Home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code; (2) "Provider agreement" has the same meaning as in section 5165.01 of the Revised Code. (3) "Sponsor" and "residents' rights advocate" have the same meanings as in section 3721.10 of the Revised Code. A home licensed under this chapter that is not a party to a provider ag... |
Section 3721.20 | Compassionate care visits.
...(A) As used in this section: (1) "Compassionate caregiver" means an individual who provides in-person visitation to a long-term care facility resident in compassionate care situations in accordance with this section. (2) "Long-term care facility" means a home, as defined in section 3721.01 of the Revised Code. "Long-term care facility" does not include any federal facility operated in this state, including a f... |
Section 3721.21 | Long-term care facility definitions.
...ice 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 whether the a... |
Section 3721.22 | Reporting abuse or neglect of resident or misappropriation of property.
...(A)(1) No person identified in division (P)(1) to (12), (14), or (15) of section 3721.21 of the Revised Code 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, shall fail to report that knowledge or suspicion to the faci... |
Section 3721.23 | Investigations.
...(A) The director of health shall receive, review, and investigate allegations of abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident by any individual used by a long-term care facility or residential care facility to provide services to residents. (B) The director shall make findings regarding alleged abuse, neglect, exploitation, or misappropriation of property after doin... |
Section 3721.24 | Whistleblower protection.
...(A) No person or government entity shall retaliate against an employee or another individual used by the person or government entity to perform any work or services who, in good faith, makes or causes to be made a report of suspected abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident; indicates an intention to make such a report; provides information during an investigatio... |
Section 3721.25 | Confidentiality.
...(A)(1) Except as required by court order, as necessary for the administration or enforcement of any statute or rule relating to long-term care facilities or residential care facilities, or as provided in division (D) of this section, the director of health shall not disclose any of the following without the consent of the individual or the individual's legal representative: (a) The name of an individual who reports ... |