Ohio Revised Code Search

..., 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, 3721.051, 3721.07, and 3721.08 of the Revised Code and the ...

...ntendent or administrator appointed or selected under Chapter 5155. of the Revised Code. (D) "Sponsor" means an adult relative, friend, or guardian of a resident who has an interest or responsibility in the resident's welfare. (E) "Residents' rights advocate" means: (1) An employee or representative of any state or local government entity that has a responsibility regarding residents and that has registered with t...

...(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.

...administrator is responsible for the development of, and adherence to, procedures implementing the policies. (2) Establish a grievance committee for review of complaints by residents. The grievance committee shall be comprised of the home's staff and residents, sponsors, or outside representatives in a ratio of not more than one staff member to every two residents, sponsors, or outside representatives. (3) Fur...

... state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part...

...me to do all of 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 upd...

...to considerations such as race, color, religion, national origin, age, or source of payment for care. (4) The right to have all reasonable requests and inquiries responded to promptly; (5) The right to have clothes and bed sheets changed as the need arises, to ensure the resident's comfort or sanitation; (6) The right to obtain from the home, upon request, the name and any specialty of any physician or other...

...for families of residents to meet privately with families of other residents; (E) Access to the following persons to enter the home during reasonable hours, except where such 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 o...

...ran, spouse, or surviving 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.

... the potential effect on the resident's eligibility for medicaid if the amount in the resident's accounts and the petty cash fund, plus the value of other nonexempt resources, exceeds the maximum assets a medicaid recipient may retain. (D) Except as otherwise provided in section 3.061 of the Revised Code, each home that manages the financial affairs of residents shall purchase a surety bond or otherwise provide ass...

...charge or transfer to a less skilled level of care; (b) The resident has resided in the home less than thirty days; (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 transf...

...r 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, the departme...

...a copy of the notice of appeal by hand-delivery or certified mail, return receipt requested. If the home is the appealing party, it shall provide a copy of the notice of appeal to both the resident and the resident's sponsor or attorney, if known. (4) The department shall not file a transcript of the hearing with the court unless the court orders it to do so. The court shall issue such an order only if it finds th...

...(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...

...tions 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.

... of the resident, of the home's status relative to the medicaid program. Written acknowledgement of the receipt of the information shall be provided by the resident and, if the prospective resident has a sponsor who has been identified to the home, by the sponsor. The written acknowledgement shall be made part of the resident's record by the home. No home shall terminate its provider agreement unless it has co...

...of infection transmission is not completely interrupted using standard precautions alone. Transmission-based precautions are precautions used in addition to standard precautions. (B)(1) During an epidemic, pandemic, or other state of emergency, a long-term care facility shall permit a compassionate caregiver to enter the facility to provide in-person visitation to a resident in compassionate care situations, which ...

...rdance with the tenets of a recognized religious denomination. (E) "Exploitation" means taking advantage of a resident, regardless of whether the action was for personal gain, whether the resident knew of the action, or whether the resident was harmed. (F) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of a resident by any means prohibited by the Revised Code,...

...ng. (D) If the director has reason to believe that a violation of division (A) of this section has occurred, the director may report the suspected violation to the appropriate professional licensing authority and to the attorney general, county 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 misappro...

...n, the director may issue subpoenas compelling attendance of witnesses or production of documents. The subpoenas shall be served in the same manner as subpoenas and subpoenas duces tecum issued for a trial of a civil action in a court of common pleas. If a person who is served a subpoena fails to attend a hearing or to produce documents, or refuses to be sworn or to answer any questions, the director may apply to the...

...rvices, failure to provide care in a timely manner, and any other action intended to retaliate against the resident. (C) Any person has a cause of action against a person or government entity for harm resulting from violation of division (A) or (B) of this section. If it finds that a violation has occurred, the court may award damages and order injunctive relief. The court may award court costs and reasonable attorn...

... or enforcement of any statute or rule relating to long-term care facilities or residential care facilities, or as provided in division (D) of this section, the director of health shall not disclose any of the following without the consent of the individual or the individual's legal representative: (a) The name of an individual who reports suspected abuse, neglect, or exploitation of a resident or misappropriation o...

...ss stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.

... (6) The individual is enrolled in a prelicensure program of nursing education approved by the board of nursing or by an agency of another state that regulates nursing education, has provided the long-term care facility with a certificate from the program indicating that the individual has successfully completed the courses that teach basic nursing skills including infection control, safety and emergency procedures,...

...ent to perform the nursing and nursing-related services they perform. In-service education shall include training for nurse aides providing nursing and nursing-related services to residents and patients with cognitive impairments. The director of health shall adopt rules to implement the purposes of this section. The rules shall be no less stringent than the requirements, guidelines, and procedures established ...