Ohio Revised Code Search
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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... |
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Section 3702.531 | Investigations.
...The director of health shall evaluate and may investigate evidence that appears to demonstrate that any person has violated section 3702.53 of the Revised Code. If the director elects to conduct an investigation, the director shall mail to the alleged violator by certified mail, return receipt requested, a notice that an investigation is underway. When conducting an investigation under this section, the direc... |
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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. |
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Section 3702.54 | Civil penalty.
...Divisions (A) and (B) of this section apply when the director of health determines that a person has violated section 3702.53 of the Revised Code. (A) The director shall impose a civil penalty on the person in an amount equal to the greatest of the following: (1) Three thousand dollars; (2) Five per cent of the operating cost of the activity that constitutes the violation during the period of time it was con... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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.
...(A) At the times specified in this section, 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 solely to relocation of existing beds from an existing long-term care facility in a county with excess beds to a long-term care facility in a county in which there are f... |
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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... |
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Section 3702.60 | Appeals.
...(A) The applicant for a certificate of need may appeal to the director of health a decision issued by the director to grant or deny a certificate of need application. The person that requested a reviewability ruling may appeal to the director with respect to the resulting ruling issued by the director. The appeal by the applicant or person shall be made in accordance with Chapter 119. of the Revised Code, and the ... |
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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... |
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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. |
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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... |
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Section 3702.72 | Applying for participation in program.
...cialty or specialties; (3) The medical school or osteopathic medical school the applicant attended, the dates of attendance, and verification of attendance; (4) The facility or institution where the applicant's medical residency program was completed or is being performed, and, if completed, the date of completion; (5) If applicable, the facility or institution where the applicant's fellowship was completed or is ... |
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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... |
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Section 3702.74 | Contract for participation.
...(A) A primary care physician who has signed a letter of intent under section 3702.73 of the Revised Code and the director of health may enter into a contract for the physician's participation in the physician loan repayment program. The physician's employer or other funding source may also be a party to the contract. (B) The contract shall include all of the following obligations: (1) The primary care physician agr... |
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Section 3702.75 | Physician loan repayment program.
...p to a maximum of four years, a medical school or osteopathic medical school in the United States that was, during the time enrolled, accredited by the liaison committee on medical education or the American osteopathic association, or a medical school or osteopathic medical school located outside the United States that was, during the time enrolled, acknowledged by the world health organization and verified by ... |
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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... |
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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... |
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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... |
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Section 3702.79 | Adoption of rules.
...The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules as necessary to implement and administer sections 3702.71 to 3702.78 of the Revised Code. |
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Section 3702.83 | J-1 visa waiver program.
...The department of health shall administer a program, to be known as the J-1 visa waiver program, for recruiting physicians who received graduate medical education or training in the United States but are not citizens of the United States to serve in areas of the state designated by the United States secretary of health and human services as health professional shortage areas under the "Public Health Service Act," 88 ... |