Ohio Revised Code Search
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Section 5165.53 | Adoption of rules regarding change in operators.
...ors, all the fully executed leases, management agreements, merger agreements and supporting documents, and fully executed sales contracts and any other supporting documents culminating in the change of operator; (C) The method by which the forms and documents identified in division (B) of this section are to be provided to the department. |
Section 5165.60 | Definitions for sections 5165.60 to 5165.89.
...o be below that necessary for resident care. (F) "Finding" means a finding of noncompliance with certification requirements determined by the department of health under section 5165.66 of the Revised Code. (G) "Immediate jeopardy" means that one or more residents of a nursing facility are in imminent danger of serious physical or life-threatening harm. (H) "Medicaid eligible resident" means a person who is a ... |
Section 5165.61 | Adoption of rules.
...The medicaid director may adopt rules under section 5165.02 of the Revised Code that are consistent with regulations, guidelines, and procedures issued by the United States secretary of health and human services under the "Social Security Act," sections 1819 and 1919, 42 U.S.C. 1395i-3 and 1396r, and necessary for administration and enforcement of sections 5165.60 to 5165.89 of the Revised Code. If the secretar... |
Section 5165.62 | Enforcement of provisions.
...e Revised Code for purposes of the medicare program only to the extent prescribed by the regulations, guidelines, and procedures issued by the secretary under the "Social Security Act," section 1819, 42 U.S.C. 1395i-3. |
Section 5165.63 | Contracts with state agencies for enforcement.
... enter into contracts with other state agencies pursuant to section 5162.35 of the Revised Code that authorize the agencies to perform all or part of the duties assigned to the department of medicaid under sections 5165.60 to 5165.89 of the Revised Code. Each contract shall specify the duties the agency is authorized to perform and the sections of the Revised Code under which the agency is authorized to perfor... |
Section 5165.64 | Annual standard surveys.
...ility in this state on a statewide average of not more than once every twelve months. Each nursing facility shall undergo a standard survey at least once every fifteen months as a condition of meeting certification requirements. The department may extend a standard survey; such a survey is titled an extended survey. (B) The department may conduct surveys in addition to standard surveys when it considers them ... |
Section 5165.65 | Exit interview with administrator.
...g facility not later than one business day after the survey team ceases to need to be on site at the facility for the survey. Not later than the day that the survey team concludes the survey, the survey team shall conduct an exit interview with the administrator or other person in charge of the facility and any other facility staff members designated by the administrator or person in charge of the facility. Dur... |
Section 5165.66 | Citations for failure to comply with one or more certification requirements.
...epartment of medicaid or a contracting agency shall impose a remedy only as provided in division (C) of section 5165.72 of the Revised Code. (F) Immediately upon determining the severity and scope of a finding at a nursing facility, the department of health shall notify the department of medicaid and any contracting agency of the finding, the severity and scope of the finding, and whether the finding creates i... |
Section 5165.67 | Survey results.
...e department of medicaid or contracting agency under this chapter or is an action by any department or agency of the state to enforce this chapter or another chapter of the Revised Code; (B) An advertisement, unless the advertisement includes all of the following: (1) The date the survey was conducted; (2) A statement that the department of health conducts a survey of all nursing facilities at least once every fif... |
Section 5165.68 | Statement of deficiencies.
...ode; (2) If a condition of substandard care has been cited on the basis of a standard survey and a condition of substandard care was also cited on the immediately preceding standard survey, that the department of medicaid or a contracting agency will issue an order under section 5165.84 of the Revised Code denying payment for any medicaid eligible residents admitted on and after the effective date of the order... |
Section 5165.69 | Plan of correction.
...ing, and office of the state long-term care ombudsman program when determining whether a plan, or modification of an existing plan, to which division (A)(4) of this section applies conforms to the requirements for approval. The department of health has sole authority to make the determination regardless of whether it consults with the other departments or office. The department shall not reject a facility's pla... |
Section 5165.70 | On-site monitoring.
...The department of health may appoint employees of the department to conduct on-site monitoring of a nursing facility whenever a finding is cited, including any finding cited pursuant to division (E) of section 5165.66 of the Revised Code, or an emergency is found to exist. Appointment of monitors under this section is not subject to appeal under section 5165.87 or any other section of the Revised Code. No emplo... |
Section 5165.71 | Deficiencies not substantially corrected.
...ct prior to the later of the thirtieth day after it is delivered to the facility or, if the order is appealed, the date on which a final adjudication order upholding the termination becomes effective pursuant to Chapter 119. of the Revised Code. (C) At the time the department of medicaid or contracting agency issues an order under division (B) of this section terminating a nursing facility's participation in t... |
Section 5165.72 | Uncorrected deficiencies constituting severity level four findings.
...aid program to the facility within five days after the exit interview. If the facility alleges, at any time prior to the later of the twentieth day after the exit interview or the fifteenth day after it receives the order, that the deficiency or cluster of deficiencies for which the order was issued has been substantially corrected, the department of health shall conduct a follow-up survey to determine whether ... |
Section 5165.73 | Uncorrected deficiencies constituting severity level three and scope level three or four findings.
...r who have certain diagnoses or special care needs specified by the department or agency; (C) Issue an order requiring the facility to correct the deficiency or cluster of deficiencies under the plan of correction submitted by the facility and approved by the department of health under section 5165.69 of the Revised Code. |
Section 5165.74 | Uncorrected deficiencies constituting severity level one or two or severity level three, scope level two finding.
...r who have certain diagnoses or special care needs specified by the department or agency; (3) Issue an order requiring the facility to correct the deficiency or cluster of deficiencies under the plan of correction proposed by the facility and approved by the department of health under section 5165.69 of the Revised Code. (B) If the department of health cites a deficiency, or cluster of deficiencies, that was n... |
Section 5165.75 | Imposing remedies and fines.
...ncies are directly related to resident care; (e) The corrective, long-term compliance, resident protective, and nonpunitive outcomes sought by the department or agency; (f) The nature, scope, and duration of the noncompliance with certification requirements; (g) The existence of repeat deficiencies; (h) The category of certification requirements with which the facility is out of compliance; (i) Any period o... |
Section 5165.76 | Fine collected if termination order does not take effect.
...epartment of medicaid or a contracting agency, under section 5165.71, 5165.72, or 5165.77 of the Revised Code, issues an order terminating a nursing facility's participation in the medicaid program, the department or agency may also impose a fine, in accordance with sections 5165.72 to 5165.74 and 5165.83 of the Revised Code, to be collected in the event the termination order does not take effect. The departmen... |
Section 5165.77 | Emergency remedies.
... to eliminate the emergency within five days after the facility's receipt of the notice. At the end of the five-day period, the department of health shall conduct a follow-up survey that focuses on the emergency. If the department of health determines that the facility has eliminated the emergency within the time period, the department of medicaid or contracting agency shall not act under division (A)(1)(b), (c... |
Section 5165.771 | Special focus facility program.
...lf of the United States centers for medicare and medicaid services every six months to evaluate the safety and quality of care provided by a nursing facility as required under the special focus facility program. (B) The department of medicaid shall issue an order terminating a nursing facility's participation in the medicaid program if either of the following apply: (1) The nursing facility fails to graduate fr... |
Section 5165.78 | Appointment of temporary resident safety assurance manager.
... temporary resident safety assurance manager in the nursing facility to take actions the department determines are appropriate to ensure the health, safety, and welfare of the residents. (B) A temporary resident safety assurance manager appointed under this section is vested with the authority necessary to take actions the department of medicaid determines are appropriate to ensure the health, safety, and welf... |
Section 5165.79 | Terminating provider agreements.
...r medicaid eligible residents to other care settings. The period during which payments may be made under this division begins on the later of the effective date of the termination or, if the facility has appealed a termination order, the date of issuance of the adjudication order upholding termination. |
Section 5165.80 | Transfer of residents to other appropriate care settings.
...ligible residents, to other appropriate care settings. Whenever a nursing facility's participation in the medicaid program is terminated under sections 5165.60 to 5165.89 of the Revised Code, the department or agency shall arrange for the safe and orderly transfer of all medicaid eligible residents or, if the termination results in the closure of the facility, of all residents. The provider and all persons invo... |
Section 5165.81 | Qualifications of temporary manager of nursing facility.
... deficiency or deficiencies within five days after receiving the statement and inform the facility, in the statement it provides pursuant to division (B) of section 5165.75 of the Revised Code, of the order and that it will not take that action unless the facility fails to substantially correct the deficiency or deficiencies within that five-day period. At the end of the five-day period, the department of healt... |
Section 5165.82 | Residents to whom denial of medicaid payments applies.
... of the Revised Code, the department or agency shall appoint monitors in accordance with section 5165.70 of the Revised Code to conduct on-site monitoring. (E)(1) A facility may give written notice to the department of health whenever any of the following apply: (a) With respect to an order denying payment issued under section 5165.72, 5165.73, or 5165.74 of the Revised Code, either of the following is the cas... |