Ohio Revised Code Search

...No public official or employee shall place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in any home as defined in section 3721.01 of the Revised Code which is being operated without a license from the director of health or from a political subdivision certified pursuant to section 3721.09 of the Revised Code.

...dized a resident's health, welfare, or safety nor has the applicant had a long-standing pattern of violations of this chapter or rules adopted under it that caused physical, emotional, mental, or psychosocial harm to one or more residents. (D) The buildings in which the home is housed have been approved by the state fire marshal or a township, municipal, or other legally constituted fire department approved by...

... are otherwise in compliance with fire safety laws and regulations and: (A) The home within thirty days after August 4, 1975, files a written plan with the state fire marshal's office that: (1) Outlines the interim safety procedures which shall be carried out to reduce the possibility of a fire; (2) Provides evidence that the home has entered into an agreement for a fire safety inspection to be conducted not ...

...ead paging for matters of urgent public safety or urgent clinical operations. The nursing home shall develop a written policy regarding its use of overhead paging and make the policy available to staff, residents, and residents' families.

...(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...

...necessary to protect resident health or safety because a home has neglected or refused to act with sufficient promptness or efficiency to protect resident health or safety, the director may do either or both of the following before a home is provided notice and an opportunity for a hearing under Chapter 119. of the Revised Code: (1) Issue orders, including specifying actions that a home must take immediately to add...

...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...

...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...

...(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.

...(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...

...(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...

...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 ...

...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...

...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...

...(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...

...(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...

... (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...

...(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, ...

...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.

...(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...

...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.

...(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...

...(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...

...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...

... 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.