Ohio Revised Code Search
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Section 3702.303 | Transfer agreements.
...(A) Except as provided in division (C) of this section, an ambulatory surgical facility shall have a written transfer agreement with a local hospital that specifies an effective procedure for the safe and immediate transfer of patients from the facility to the hospital when medical care beyond the care that can be provided at the ambulatory surgical facility is necessary, including when emergency situations occ... |
Section 3702.304 | Variances from written transfer agreements.
...ance will not jeopardize the health and safety of any patient; (2) A letter, contract, or memorandum of understanding signed by the facility and one or more consulting physicians who have admitting privileges at a minimum of one local hospital that is located within a twenty-five mile radius of the facility, memorializing the physician or physicians' agreement to provide back-up coverage when medical care beyond th... |
Section 3702.305 | Variance application physician attestation.
...(A) In addition to the attachments specified in division (B)(3)(a) of section 3702.304 of the Revised Code, a variance application must contain or include as attachments, for each consulting physician described in division (B)(2) of that section, a signed statement in which the physician attests to both of the following: (1) The physician does not teach or provide instruction, directly or indirectly, at a medical s... |
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.
...An ambulatory surgical 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" me... |
Section 3702.308 | Severability.
...e Revised Code, or any provision of the rules adopted under that section. |
Section 3702.309 | Suspension of ambulatory surgical license.
...(A) If a variance application is denied under section 3702.304 of the Revised Code, the license of such an ambulatory surgical facility is automatically 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 grant... |
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.
...r adequately protects public health and safety. The director's decision to rescind a variance is final. |
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.
...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. (B) The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code establishing fees for both of the following: (1) 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.
...2.51 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 issue a ruling not later than forty-five days after receiving a request for a ruling accompanied by the inform... |
Section 3702.521 | Recategorize hospital beds to skilled nursing beds - placement in nursing home.
...ed in accordance with this division 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 ... |
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... |