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Title 37 | Health-Safety-Morals
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Section 3721.01 | Nursing home and residential care facility definitions and classifications.

... (A) As used in sections 3721.01 to 3721.09 and 3721.99 of the Revised Code: (1)(a) "Home" means an institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to three or more unrelated individuals who are dependent upon the services of others, including a nursing home, residential care facility, home for the aging, and a veter...

Section 3721.011 | Skilled nursing care.

... (A) In addition to providing accommodations, supervision, and personal care services to its residents, a residential care facility may do the following: (1) Provide the following skilled nursing care to its residents: (a) Supervision of special diets; (b) Application of dressings, in accordance with rules adopted under section 3721.04 of the Revised Code; (c) Subject to division (B)(1) of this section, admi...

Section 3721.012 | Risk agreement.

...A residential care facility may enter into a risk agreement with a resident or the resident's sponsor. Under a risk agreement, the resident or sponsor and the facility agree to share responsibility for making and implementing decisions affecting the scope and quantity of services provided by the facility to the resident. The facility also agrees to identify the risks inherent in a decision made by a resident or spons...

Section 3721.02 | Procedures for inspecting and licensing homes - fees.

... (A) As used in this section, "residential facility" means a residential facility licensed under section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults. (B)(1) The director of health shall license homes and establish procedures to be followed in inspecting and licensing homes. The director may inspect a home at any time. The d...

Section 3721.021 | Review of documents by prospective residents and associated persons.

...Every person who operates a home, as defined in section 3721.01 of the Revised Code, and each county home and district home licensed as a residential care facility shall have available in the home for review by prospective patients and residents, their guardians, or other persons assisting in their placement, each inspection report completed pursuant to section 3721.02 of the Revised Code and each statement of defici...

Section 3721.022 | Establishing and maintaining health standards and serving as state survey agency.

...(A) As used in this section: (1) "Nursing facility" has the same meaning as in section 5165.01 of the Revised Code. (2) "Deficiency" and "survey" have the same meanings as in section 5165.60 of the Revised Code. (3) "Title XIX" and "Title XVIII" have the same meanings as in section 5165.01 of the Revised Code. (B) The department of health is hereby designated the state agency responsible for establishing and...

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.

...As used in this section, "nursing facility" has the same meaning as in section 5165.01 of the Revised Code. The department of health may establish a program of recognition of nursing facilities 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 f...

Section 3721.026 | Assignment or transfer of operation of nursing home.

... (A) Before the director of health can issue a license to operate a nursing home to an entering operator, all of the following requirements must be satisfied: (1) The entering operator completes a change of operator license application on a form prescribed by the director and pays the applicable fee as determined by the director. Any fee required by the director under division (A)(1) of this section shall be cr...

Section 3721.027 | Investigation of unresolved complaints found to be valid.

...(A) As used in this section, "survey" has the same meaning as in section 5165.60 of the Revised Code. (B) The department of health shall investigate within ten working days after referral, in accordance with procedures and criteria to be established by the department of health and the department of aging, any unresolved complaint that the office of the state long-term care ombudsman has investigated and found ...

Section 3721.03 | Enforcement of provisions - revocation of license.

...(A) As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code. (B) The director of health shall enforce the provisions of sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and may issue orders to secure compliance with the provisions of these sections and the rules adopted under them. The director may hold hearings, issue subpoenas, compel testimony, and make adjudicatio...

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.

...The state fire marshal shall enforce all statutes and rules pertaining to fire safety in homes and shall adopt rules pertaining to fire safety in homes as the marshal determines necessary. The rules adopted by the marshal shall be in addition to those fire safety 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 anothe...

Section 3721.04 | Adoption and publication of uniform rules governing operation of homes.

...(A) The director of health shall adopt and publish rules governing the operation of homes, which shall have uniform application throughout the state, and shall prescribe standards for homes with respect to, but not limited to, the following matters: (1) The minimum space requirements for occupants and equipping of the buildings in which homes are housed so as to ensure healthful, safe, sanitary, and comfortab...

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 authori...

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 3721.07 | Requirement for issuance of license - revocation.

...Every person desiring to operate a home and the superintendent or administrator of each county home or district home for which a license as a residential care facility is sought shall apply for a license to the director of health. The director shall issue a license for the home, if after investigation of the applicant and, if required by section 3721.02 of the Revised Code, inspection of the home, the following...

Section 3721.071 | Home must be equipped with both automatic fire extinguishing and fire alarm systems.

...The buildings in which a home is housed shall be equipped with both an automatic fire extinguishing system and fire alarm 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...

Section 3721.072 | Biennial participation in quality improvement projects.

... (A) As 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 sh...

Section 3721.074 | Continued operation during application period.

... (A) As used in this section: (1) "Independent living facility" has the same meaning as in section 5709.12 of the Revised Code. (2) "Residential facility" has the same meaning as in section 5119.34 of the Revised Code. (B)(1) Notwithstanding any provision of the Revised Code to the contrary, an independent living facility or residential facility that applies to the director of health pursuant to section 3721.07...

Section 3721.08 | Injunctive relief.

... (A) The director of health may petition the court of common pleas of the county in which the home is located for an order enjoining any person from operating a home without a license or enjoining a county home or district home that has had its license revoked from continuing to operate. The court shall have jurisdiction to grant such injunctive relief upon a showing that the respondent named in the petition is opera...

Section 3721.081 | Summary orders.

...(A) Notwithstanding any action the director of health may take under section 3721.08 of the Revised Code, if the director determines immediate action is necessary to protect resident health or safety because a home has neglected or refused to act with sufficient promptness or efficiency to protect resident health or safety, the director may do either or both of the following before a home is provided notice and an op...