Ohio Revised Code Search
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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... |
Section 3702.59 | Review of certificate of need applications.
...placed has one or more waivers for life safety code deficiencies, one or more state fire code violations, or one or more state building code violations, and the project identified in the application does not propose to correct all life safety code deficiencies for which a waiver has been granted, all state fire code violations, and all state building code violations at the existing long-term care facility in which th... |
Section 3702.592 | Certificate of need for long-term care facility beds; Replacement or relocation within county.
...(A) The director of health shall accept, for review under section 3702.52 of the Revised Code, certificate of need applications for any of the following purposes if the proposed increase in beds is attributable to a replacement or relocation of existing beds from an existing long-term care facility within the same county: (1) Approval of beds in a new long-term care facility or an increase of beds in an existing lo... |
Section 3702.593 | Certificate of need for long-term care facility beds; Replacement or relocation to county with fewer long-term care beds than needed.
...ctor shall use the formula developed in rules adopted under section 3702.57 of the Revised Code. A determination shall be made not later than October 1, 2023, and every two years thereafter. After each determination is made, the director shall publish the county's bed need on the web site maintained by the department of health. (C) The director's consideration of an application for a certificate of need that would... |
Section 3702.594 | Certificate of need for long-term care facility beds; existing long-term care facility.
...(A) As used in this section, "long-term care facility" means either of the following: (1) A nursing home licensed under section 3721.02 of the Revised Code or by a political subdivision certified under section 3721.09 of the Revised Code; (2) The portion of any facility, including a county home or county nursing home, that is certified as a skilled nursing facility under the medicare program, Title XVIII of the "So... |
Section 3702.60 | Appeals.
...02.52 to 3702.62 of the Revised Code or rules adopted under those sections. The applicant or person that was a party to and participated in an adjudication hearing conducted under this division may appeal to the tenth district court of appeals the decision issued by the director following the adjudication hearing. (B) The holder of a certificate of need may appeal to the director in accordance with Chapter 119.... |
Section 3702.61 | Injunction.
...In addition to the sanctions imposed under sections 3702.54 and 3702.55 of the Revised Code, if any person violates section 3702.53 of the Revised Code, the attorney general may commence necessary legal proceedings in the court of common pleas of Franklin county to enjoin the person from such violation until the requirements of sections 3702.51 to 3702.62 of the Revised Code have been satisfied. At the request of the... |
Section 3702.62 | Applicability of other statutes.
...Sections 3702.51 to 3702.61 of the Revised Code do not apply to any part of a long-term care facility's campus that is certified as an intermediate care facility for individuals with intellectual disabilities, as defined in section 5124.01 of the Revised Code. |
Section 3702.71 | Physician loan repayment program definitions.
...As used in sections 3702.71 to 3702.79 of the Revised Code: (A) "Full-time practice" means working a minimum of forty hours per week for a minimum of forty-five weeks each service year. (B) "Part-time practice" means working a minimum of twenty and a maximum of thirty-nine hours per week for a minimum of forty-five weeks per service year. (C) "Primary care physician" means an individual who is authorized under Cha... |
Section 3702.72 | Applying for participation in program.
...(A) A primary care physician who will not have an outstanding obligation for medical service to the federal government, a state, or other entity at the time of participation in the physician loan repayment program and meets one of the following requirements may apply for participation in the physician loan repayment program: (1) The primary care physician is enrolled in the final year of an accredited program requir... |
Section 3702.73 | Approving application.
...If funds are available in the physician loan repayment fund created under section 3702.78 of the Revised Code and the general assembly has appropriated funds for the physician loan repayment program, the director of health shall approve an applicant for participation in the program if the director finds that, in accordance with the priorities established under section 3702.77 of the Revised Code, the applicant i... |
Section 3702.74 | Contract for participation.
...ment of health an amount established by rules adopted under section 3702.79 of the Revised Code if the physician fails to complete the service obligation agreed to under division (B)(1) of this section. (C) The contract shall include the following terms as agreed upon by the parties: (1) The primary care physician's required length of service in the health resource shortage area, which must be at least two years; ... |
Section 3702.75 | Physician loan repayment program.
...There is hereby created the physician loan repayment program. Under the program, the department of health, by means of a contract provision under division (B)(3) of section 3702.74 of the Revised Code, may agree to repay all or part of the principal and interest of a government or other educational loan taken by a primary care physician for the following expenses, so long as the expenses were incurred while the... |
Section 3702.76 | Health resource shortage areas.
...(A) The director of health shall designate, as health resource shortage areas, areas in this state that experience special health problems and physician practice patterns that limit access to medical care. Except as provided in division (B) of this section, the designations shall be made by rule. The designations may apply to a geographic area, one or more facilities within a particular area, or a population group wi... |
Section 3702.77 | Establishing priorities among health resource shortage areas for use in recruiting primary care physicians.
...The director of health, by rule, shall establish priorities among health resource shortage areas for use in recruiting primary care physicians to sites within particular areas under the physician loan repayment program. In establishing priorities, the director shall consider the ratio of primary care physicians to the population in the health resource shortage area, the distance to primary care physicians outside the... |
Section 3702.78 | Health resource shortage area fund - physician loan repayment fund - administration.
...The director of health may accept gifts of money from any source for the implementation and administration of sections 3702.72 to 3702.77 of the Revised Code. The director shall pay all gifts accepted under this section into the state treasury, to the credit of the health resource shortage area fund, which is hereby created, and all damages collected under division (B)(4) of section 3702.74 of the Revised C... |
Section 3702.79 | Adoption of rules.
...r 119. of the Revised Code, shall adopt rules as necessary to implement and administer sections 3702.71 to 3702.78 of the Revised Code. |