Ohio Revised Code Search
Section |
---|
Section 3702.3012 | Surgical smoke evacuation policy.
...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.
...lished under Title XVIII of the "Social Security Act," 79 Stat. 286 (1935), 42 U.S.C.A. 1395, as amended, and the medicaid program established under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396. (4) The director shall not establish a fee for any service for which a licensure or inspection fee is paid by the health care provider to a state agency for the same or similar licensure or i... |
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.
...(A) Except as provided in division (B) of this section, a freestanding birthing center shall modify operational processes to ensure that a woman giving birth in the freestanding birthing center has the option of having a long- acting reversible contraceptive placed after delivery and before the woman is discharged. (B) A freestanding birthing center is exempt from the requirement in division (A) of this section if ... |
Section 3702.40 | Mammogram report; dense breast tissue advisory.
...(A) As used in this section, "mammogram" and "facility" have the same meanings as in section 263b(a) of the "Mammography Quality Standards Act of 1992," 106 Stat. 3547 (1992), 42 U.S.C. 263b(a), as amended. (B) As required by 21 C.F.R. 900.12(c)(2), a facility shall send to each patient who has a mammogram at the facility a summary of the written report containing the results of the patient's mammogram. If, based o... |
Section 3702.51 | Certificate of need definitions.
...mmediate jeopardy to resident health or safety or represents widespread deficiencies resulting in immediate jeopardy to resident health or safety. (U) "Existing bed" or "existing long-term care bed" means a bed from an existing long-term care facility, a bed described in division (O)(5) of this section, or a bed correctly reported as a long-term care bed pursuant to section 5155.38 of the Revised Code. |
Section 3702.511 | Reviewable activities relating to long-term care facilities.
...ilding, 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 the number of beds; (7) Construction, repair, or renovation of bathroom facilities; (8) Construction of lau... |
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.
...under Title XVIII or XIX of the "Social Security Act," the certification for the beds shall be surrendered. If the beds are reported in an application submitted under section 3722.03 of the Revised Code as skilled nursing beds or long-term care beds, the director shall remove the beds from registration not later than fifteen days after the beds are relocated. (E) During the period beginning with the granting of a ... |
Section 3702.521 | Recategorize hospital beds to skilled nursing beds - placement in nursing home.
...cility under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that portion of the hospital is subject to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of the Revised Code. If the beds are reported in an application submitted under section 3722.03 of the Revised Code as long-term care beds, the beds are subject to sections 5168.40 to 5168.56 of the Revised Code. |
Section 3702.522 | Revision of application for certificate of need.
...A person who has an application for a certificate 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 3... |
Section 3702.523 | Certificates not transferable prior to completion of review.
...ated or related persons, as defined in rules adopted under section 3702.57 of the Revised Code, if the transfer does not result in a change in the person that holds the ultimate controlling interest, as defined in the rules, in the certificate of need. The transfer of a long-term care facility after the completion of a reviewable activity for which a certificate of need was issued is not a transfer of the cert... |
Section 3702.524 | Duties of certificate holder within 24 months of grant.
...(A) Not later than twenty-four 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... |
Section 3702.525 | Reasonable progress required.
...th, 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.
...(A) Except as provided in division (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... |
Section 3702.527 | Conversion of bed category.
...A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2), (3), or (4) of that section only as provided in the certificate of need under which the beds were approved or its replacement certificate of need. |
Section 3702.53 | Prohibited acts.
...(A) No person shall carry out any reviewable activity unless a certificate of need for such activity has been granted under sections 3702.51 to 3702.62 of the Revised Code or the person is exempted by division (B) of section 3702.511 or section 3702.512 or 3702.62 of the Revised Code from the requirement that a certificate of need be obtained. No person shall carry out any reviewable activity if a certificate of need... |
Section 3702.531 | Investigations.
...served in any manner authorized by the rules of civil procedure. The director or the director's designee may conduct a site visit to investigate an alleged violation of section 3702.53 of the Revised Code. Each investigation under this section shall be conducted in a manner that protects patient confidentiality. Names or other identifying information about any patient shall not be made public without the writ... |
Section 3702.532 | Notice of violation.
...When the director of health determines that a person has violated section 3702.53 of the Revised Code, the director shall send a notice to the person by certified mail, return receipt requested, specifying the activity constituting the violation and the penalties imposed under section 3702.54 of the Revised Code. |
Section 3702.54 | Civil penalty.
...ith sections 3702.51 to 3702.62 and the rules adopted under section 3702.57 of the Revised Code; (e) Any community hardship that may result from refusing to accept future applications from the person. (2) Notwithstanding the one-year minimum imposed by division (B)(1) of this section, the director may establish a period of less than one year during which the director will refuse to accept certificate of need ap... |
Section 3702.544 | Penalties paid to director.
...Each person required by section 3702.54 of the Revised Code to pay a civil penalty shall do so not later than sixty days after receiving the notice mailed under section 3702.532 of the Revised Code or, if the person appeals under section 3702.60 of the Revised Code the director of health's determination that a violation has occurred, not later than sixty days after the issuance of an order upholding the director's de... |
Section 3702.55 | Additional penalties for continuing violations.
...A person that the director of health determines has violated section 3702.53 of the Revised Code shall cease conducting the activity that constitutes the violation or utilizing the facility resulting from the violation not later than thirty days after the person receives the notice mailed under section 3702.532 of the Revised Code or, if the person appeals the director's determination under section 3702.60 of the Rev... |
Section 3702.56 | Payment for activity conducted in violation.
...No third-party payer or other person is required to pay, and no person shall seek or accept payment or reimbursement for, any service rendered or costs incurred in conducting an activity during the period of time in which the activity was conducted in violation of section 3702.53 of the Revised Code. Each person that accepts any amount in violation of this division shall refund that amount on request of the per... |
Section 3702.57 | Rules for certificate of need.
...(A) The director of health shall adopt rules establishing procedures and criteria for reviews of applications for certificates of need and issuance, denial, or withdrawal of certificates. (1) In adopting rules that establish criteria for reviews of applications of certificates of need, the director shall consider the availability of and need for long-term care beds to provide care and treatment to persons diagnose... |