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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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school age day care
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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...

Section 5165.83 | Fines.

...g two dollars and fifty cents for each day the fine is in effect by the total number of licensed nursing home beds or certified beds, whichever is greater, in the facility as of the date the deficiency or cluster of deficiencies that is the reason for the fine was cited. (D)(1) The department of medicaid or contracting agency shall not impose on a facility, at any one time, more than four fines as a result of ...

Section 5165.84 | Order denying payment when deficiency is not corrected within time limits.

...th has found a condition of substandard care in a facility. (C) An order issued under division (A) or (B) of this section shall take effect on the later of the date the facility receives the order or the date the public notice required under division (F) of section 5165.82 of the Revised Code is published. The order is subject to appeal under Chapter 119. of the Revised Code; however the order may take effect p...

Section 5165.85 | Termination of participation for failure to correct deficiency within six months.

...eliver to the facility, at least thirty days prior to the day that is six months after the exit interview, a written order terminating the facility's participation in the medicaid program. The order shall take effect and the facility's participation shall terminate on the day that is six months after the exit interview. The order shall not take effect if, after it is delivered to the facility and prior to the e...

Section 5165.86 | Delivery of notices.

...partment of health, and any contracting agency shall deliver a written notice, statement, or order to a nursing facility under sections 5165.60 to 5165.66 and 5165.69 to 5165.89 of the Revised Code by certified mail, hand delivery, or other means reasonably calculated to provide prompt actual notice. If the notice, statement, or order is mailed, it shall be addressed to the administrator of the facility as indicated ...

Section 5165.87 | Appeals.

...whom the action is taken shall have ten days after the date the facility actually is served in accordance with sections 119.05 and 119.07 of the Revised Code to request a hearing. (2) The hearing shall commence within thirty days after the date the department or agency receives the provider's request for a hearing. (3) The hearing shall continue uninterrupted from day to day, except for Saturdays, Sundays, and ...

Section 5165.88 | Confidentiality.

...rtment of medicaid and any contracting agency shall not release any of the following information without the permission of the individual or the individual's legal representative: (a) The identity of any resident of a nursing facility; (b) The identity of any individual who submits a complaint about a nursing facility; (c) The identity of any individual who provides the department or agency with information ...

Section 5165.89 | Hearing on transfer or discharge of resident who medicaid or medicare beneficiary.

...resident is a medicaid recipient or medicare beneficiary.

Section 5165.99 | Penalty.

...(A) Whoever violates section 5165.102 or division (E) of section 5165.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund. (...

Section 5167.01 | Definitions.

...th respect to the other entity. (C) "Care management system" means the system established under section 5167.03 of the Revised Code. (D) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (E) "Dual eligible individual" has the same meaning as in section 5160.01 of the Revised Code. (F) "Emergency services" has the same meaning as in the "Social Security Act," section 19...