Ohio Revised Code Search
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Section 3721.022 | Establishing and maintaining health standards and serving as state survey agency.
...or establishing and maintaining health standards and serving as the state survey agency for the purposes of Title XVIII and Title XIX. The department shall carry out these functions in accordance with the regulations, guidelines, and procedures issued under Title XVIII and Title XIX by the United States secretary of health and human services and with sections 5165.60 to 5165.89 of the Revised Code. The director... |
Section 3721.023 | Party identified in license deemed sole owner of business on premises leased on or before 1-1-70.
...Where a nursing home licensed under this Chapter is operated in a building that was leased pursuant to a written lease agreement entered into on or before January 1, 1970, and where the lease agreement does not expressly determine or state the identity of the party that owns the nursing home business, operating rights, certificate of need, or legal rights associated with ownership and operation of the nursing home be... |
Section 3721.024 | Nursing facility recognition program.
...ities that provide the highest quality care to residents who are medicaid recipients. The program may be funded with public funds appropriated by the general assembly for the purpose of the program or any funds appropriated for nursing home licensure. |
Section 3721.027 | Investigation of unresolved complaints found to be valid.
...that the office of the state long-term care ombudsman has investigated and found to be valid and refers to the department of health. This requirement does not supersede federal requirements for survey agency complaint investigations. |
Section 3721.03 | Enforcement of provisions - revocation of license.
...umane, kind, and adequate treatment and care; (5) Has had a long-standing pattern of violations of this chapter or the rules adopted under it that has caused physical, emotional, mental, or psychosocial harm to one or more residents. Upon the issuance of any order of revocation, the person whose license is revoked, or the county home or district home that has its license revoked, may appeal in accordance with Chapt... |
Section 3721.031 | Investigation of complaint concerning home - disclosure of information.
...(A) The director of health may investigate any complaint the director receives concerning a home. (1) Except as required by court order, as necessary for the administration or enforcement of any statute relating to homes, or as provided in division (C) of this section, the director and any employee of the department of health shall not release any of the following information without the permission of the individual... |
Section 3721.032 | Fire marshal to enforce and adopt fire safety rules.
...afety rules that the board of building standards and the director of health are empowered to adopt. In the event of a dispute between the marshal and another officer having responsibilities under sections 3721.01 to 3721.09 of the Revised Code with respect to the interpretation or application of a specific fire safety statute or rule, the interpretation of the marshal shall prevail. |
Section 3721.041 | Vaccinations to be offered to residents.
...(A) As used in this section: (1) "Advisory committee" means the advisory committee on immunization practices of the United States centers for disease control and prevention or a successor committee or agency. (2) "Certified nurse-midwife," "clinical nurse specialist," and "certified nurse practitioner" have the same meanings as in section 4723.01 of the Revised Code. (3) "Physician" means an individual authoriz... |
Section 3721.042 | Excluded grounds for denial of license.
...The director of health may not deny a nursing home license to a facility seeking a license under this chapter as a nursing home on the grounds that the facility does not satisfy a requirement established in rules adopted under section 3721.04 of the Revised Code regarding the toilet rooms and dining and recreational areas of nursing homes if all of the following requirements are met: (A) The facility seeks a ... |
Section 3721.05 | Operating home requires license - prohibited activities.
...No person, firm, partnership, association, or corporation shall: (A) Operate a home as defined in section 3721.01 of the Revised Code without obtaining a license from the director of health; (B) Violate any of the conditions or requirements necessary for licensing after the license has been issued; (C) Operate a home after the license for such has been revoked by the director of health; (D) Interfere with the ins... |
Section 3721.051 | County or district - prohibited activities.
...No county home or district home licensed under section 3721.07 of the Revised Code shall do any of the following: (A) Violate any of the conditions or requirements necessary for licensing after the license has been issued; (B) Continue operation after its license has been revoked by the director of health; (C) Fail to be open for an inspection, or interfere with an inspection, by a state or local official performi... |
Section 3721.06 | Prohibition against placement of person in unlicensed home.
...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. |
Section 3721.071 | Home must be equipped with both automatic fire extinguishing and fire alarm systems.
...m system. Such systems shall conform to standards set forth in the regulations of the board of building standards and the state fire marshal. The time for compliance with the requirements imposed by this section shall be January 1, 1975, except that the date for compliance with the automatic fire extinguishing requirements is extended to January 1, 1976, provided the buildings of the home are otherwise in com... |
Section 3721.072 | Biennial participation in quality improvement projects.
...s used in this section: (1) "Advance care planning" means providing an opportunity to discuss the goals that may be met through the care provided by a nursing home. (2) "Overhead paging" means sending audible announcements through an electronic sound amplification and distribution system throughout part or all of a nursing home to staff, residents, residents' families, or others. (B) Each nursing home shall pa... |
Section 3721.074 | Continued operation during application period.
...sed Code for a license as a residential care facility may continue to operate as an independent living facility or residential facility in accordance with this section during the period of time that the application is under consideration by the director. (2) An independent living facility or residential facility shall not provide care to more than two residents while its application under section 3721.07 of the Rev... |
Section 3721.08 | Injunctive relief.
...nts to other homes or other appropriate care settings, or otherwise eliminate the real and present danger. The court shall have the jurisdiction to grant such injunctive relief upon a showing that there is real and present danger. (C)(1) If the director determines that real and present danger exists at a home and elects not to immediately seek injunctive relief under division (B) of this section, the director may ... |
Section 3721.081 | Summary orders.
...esidents to another home or appropriate care setting until a threat to resident health or safety is resolved; (c) Appointing a temporary administrator for a home for the duration of an order; (d) Issuing any other order or taking any other action as necessary to protect the health or safety of residents of a home. (2) The director shall not enter a home pursuant to this section unless the director provides the ... |
Section 3721.09 | Local regulations.
...ave 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, 3721.051, 3721.07, and 3721.08 of the Revised Code and the regulations adopted pursuant thereto. Officials of political subdivisions shall cooperate fully with the director and provide the director with information which the director finds necessary in order ... |
Section 3721.10 | Residents' rights definitions.
...roblems and complaints concerning their care and treatment, and assisting them in securing adequate services to meet their needs; (3) A member of the general assembly. (F) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, a geriatric chair, or a locked room door. (G) "Chemical r... |
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.
...eral regulations adopted under the medicare and medicaid programs, and the materials required to be available in the home under section 3721.021 of the Revised Code, are available for inspection in the home at reasonable hours; (4) A list of residents' rights advocates; (5) A notice that the following are available in a place readily accessible to residents: (a) If the home is licensed under section 3721.02 o... |
Section 3721.122 | Screening and accommodations for sex offenders.
... the following: (A) Develop a plan of care to protect the other residents' rights to a safe environment and to be free from abuse; (B) Notify all of the home's other residents and their sponsors that a sex offender has been admitted as a resident to the home and include in the notice a description of the plan of care developed under division (A) of this section; (C) Direct the individual in updating the indiv... |
Section 3721.13 | Residents' rights.
... living environment pursuant to the medicare and medicaid programs and applicable state laws and rules adopted by the director of health; (2) The right to be free from physical, verbal, mental, and emotional abuse and to be treated at all times with courtesy, respect, and full recognition of dignity and individuality; (3) Upon admission and thereafter, the right to adequate and appropriate medical treatment and... |
Section 3721.14 | Implementation of residents' rights.
...h access would interfere with resident care or the privacy of residents: (1) Employees of the department of health, department of mental health and addiction services, department of developmental disabilities, department of aging, department of job and family services, and county departments of job and family services; (2) Prospective residents and their sponsors; (3) A resident's sponsors; (4) Residents' rig... |
Section 3721.141 | Notification of benefit eligibility.
...iving spouse may be eligible for health care or financial benefits through the United States department of veterans affairs; (2) Information about congressionally chartered veterans service organizations or the county veterans service office that can assist with investigating and applying for benefits through the United States department of veterans affairs. |