Ohio Revised Code Search
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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.
...Before an individual is admitted as a resident to a home, the home's administrator shall search for the individual's name in the internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code. If the search results identify the individual as a sex offender and the individual is admitted as a resident to the home, the administrator shall ... |
Section 3721.13 | Residents' rights.
...resident's own expense under the home's safety rules and under applicable laws and rules of the state, unless not medically advisable as documented in the resident's medical record by the attending physician or unless contradictory to written admission policies; (19) The right to retire and rise in accordance with the resident's reasonable requests, if the resident does not disturb others or the posted meal schedu... |
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.
...(A) Authorization from a resident or a sponsor with a power of attorney for a home to manage the resident's financial affairs shall be in writing and shall be attested to by a witness who is not connected in any manner whatsoever with the home or its administrator. The home shall maintain accounts pursuant to division (A)(27) of section 3721.13 of the Revised Code. Upon the resident's transfer, discharge, or death, t... |
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.
...ounty in which the home is located to enforce the decision of the department or the court. If the court finds that the resident or home has not complied with the decision, it shall enjoin the violation and order other appropriate relief, including attorney's fees. |
Section 3721.17 | Grievance procedure.
...(A) Any resident who believes that the resident's rights under sections 3721.10 to 3721.17 of the Revised Code have been violated may file a grievance under procedures adopted pursuant to division (A)(2) of section 3721.12 of the Revised Code. When the grievance committee determines a violation of sections 3721.10 to 3721.17 of the Revised Code has occurred, it shall notify the administrator of the home. If the vi... |
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.
... prosecutor, or other appropriate law enforcement official. (E) No person shall knowingly make a false allegation of abuse, neglect, or exploitation of a resident or misappropriation of a resident's property, or knowingly swear or affirm the truth of a false allegation, when the allegation is made for the purpose of incriminating another. |
Section 3721.23 | Investigations.
... prosecutor, or other appropriate law enforcement official, and, if applicable, the appropriate professional licensing authority established under Title XLVII of the Revised Code; (b) In accordance with section 3721.32 of the Revised Code, include in the nurse aide registry established under that section a statement detailing the findings pertaining to the individual. (2) An individual about whom a statement is req... |
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.
...s 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 suspected abuse, neglect, or exploitation o... |
Section 3721.26 | Adoption of rules.
...The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code to implement sections 3721.21 to 3721.25 of the Revised Code, including rules prescribing requirements for the notice and hearing required under section 3721.23 of the Revised Code. The notice and hearing required under section 3721.23 of the Revised Code are not subject to Chapter 119. of the Revised Code; however, the rules may pr... |
Section 3721.28 | Nurses aides training and competency evaluation programs.
...ing skills including infection control, safety and emergency procedures, and personal care, and has successfully completed a competency evaluation program conducted by the director under division (C) of section 3721.31 of the Revised Code. (7) The individual has the equivalent of twelve months or more of full-time employment in the preceding five years as a hospital aide or orderly and has successfully completed a ... |
Section 3721.29 | Orientation program - performance review - in-service education.
...In addition to competency evaluation programs and training and competency evaluation programs required by this chapter, each long-term care facility shall provide both of the following to each nurse aide it uses: (A) An orientation program that includes at least an explanation of the organizational structure of the facility, its policies and procedures, its philosophy of care, a description of its resident po... |
Section 3721.30 | Competency evaluation program contents.
... necessary for the administration and enforcement of sections 3721.28 to 3721.34 of the Revised Code or for compliance with requirements, guidelines, or procedures issued by the United States secretary of health and human services for implementation of section 1819 or 1919 of the "Social Security Act." (E) No person or government entity shall impose on a nurse aide any charge for participation in any competency eva... |
Section 3721.31 | Approving or rejecting programs.
...(A)(1) The director of health shall approve training and competency evaluation programs in accordance with rules adopted under section 3721.30 of the Revised Code and shall periodically review and reapprove programs approved under this section. (2) Except as otherwise provided in division (A)(3) of this section, the director may approve and reapprove programs conducted by or in long-term care facilities, or by any ... |