reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.13 | Continuing Care Facility Residents' Rights.

Effective:
October 20, 1987
Latest Legislation:
House Bill 253 - 117th General Assembly
(A) As used in this section:
(1) "Continuing care" means the provision under a written agreement of board, lodging, medical services, nursing, and other health-related services to a person sixty years of age or older, unrelated by consanguinity or affinity to the provider, for the life of the person or for a period in excess of one year in return for the payment of an entrance fee or of periodic charges.
(2) "Entrance fee" means an initial or deferred payment of a sum of money or other property made or promised to be made by or on behalf of a person entering into a written agreement with a facility for the provision of continuing care services in consideration for acceptance of the person as a resident in the facility.
(B) The residents of a facility that provides continuing care may determine annually whether they wish to elect a resident of the facility to serve on the board of directors, board of trustees, or other board that operates the facility. Election of a resident to serve on the board shall be by a simple majority vote of all residents attending a meeting called to determine if residents of the facility wish to have representation on the board. The individual organizing the meeting shall give residents at least seven days' notice of the meeting. A board to which a resident is elected under this section shall accept the resident as a nonvoting member and give him notice of and permit him to attend all meetings of the board.
(C) Every facility that provides continuing care shall, upon request, provide its residents and prospective residents with copies of any of its audited annual financial reports.
(D) Residents of facilities that provide continuing care shall have the right of self-organization.
(E) Each board of directors, board of trustees, or other board that operates a facility that provides continuing care, or a committee of the board, shall hold meetings at least quarterly with the residents of the facility, or with a committee of the residents, for the purpose of discussing facility income, expenditures, and financial matters and proposed changes in facility policies, programs, and services. The board shall give residents or the committee of residents at least seven days' notice of each such meeting.
(F) A resident of a facility that provides continuing care may bring a civil action to enforce any of the rights granted under this section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.15 | Office of State Long-Term Care Ombudsman Program.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The state long-term care ombudsman program established by the department of aging pursuant to division (J) of section 173.01 of the Revised Code shall be known as "the office of the state long-term care ombudsman program." It shall consist of the state long-term care ombudsman, the ombudsman's staff, and regional long-term care ombudsman programs. In establishing and operating the office, the department shall consider the views of area agencies on aging, individuals age sixty or older, and agencies and other entities that provide services to individuals age sixty and older.
The department of aging shall appoint the state ombudsman, who shall serve at the pleasure of the department. The department shall appoint as state ombudsman an individual who has no conflict of interest with the position and is capable of administering the office impartially, has an understanding of long-term care issues, and has experience related to the concerns of residents and recipients, such as experience in the fields of aging, health care, and long-term care; work with community programs and health care providers; and work with and involvement in volunteer programs. No individual or entity whose interests are in conflict with the responsibilities of the state ombudsman shall be involved in the ombudsman's appointment.
The department shall ensure that no employee or representative of the office and no individual involved in the designation of the head of any regional long-term care ombudsman program has any interest that is, or may be, in conflict with the interests and concerns of the office and shall ensure that mechanisms are in place to remedy any conflicts.
For purposes of this section, conflicts of interest may include, but are not limited to, employment by a long-term care provider within two years prior to being employed by or associated with the office of the state long-term care ombudsman program, affiliation with or financial interest in a long-term care provider, and affiliation with or financial interest in a membership organization of long-term care providers.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.16 | Designation of Regional Long-Term Care Ombudsman Programs.

Effective:
June 11, 1990
Latest Legislation:
House Bill 359 - 118th General Assembly
(A) The department of aging shall designate regions to be served by regional long-term care ombudsman programs.
(B) Except as otherwise provided in division (C) of this section, the state long-term care ombudsman shall designate regional programs in accordance with criteria established by the department of aging in rules which the department shall adopt under Chapter 119. of the Revised Code. The criteria shall include specifications regarding the sites of the regional programs' offices and requirements concerning staffing, levels of training required for staff members, program review, and tax exempt status for federal income tax purposes.
(C) An entity serving as a regional program on the effective date of this section shall be designated as a regional program unless the state ombudsman determines that the entity does not meet the requirements established under division (B) of this section, except that the state ombudsman may designate as a regional program an entity that does not meet the requirements if it is serving as a regional program on the effective date of this section and the state ombudsman determines that it is the best qualified program to serve the region.
(D) In an adjudication conducted in accordance with Chapter 119. of the Revised Code, the state ombudsman may issue an adjudication order withdrawing or provisionally maintaining the designation of an entity as a regional program if it ceases to meet the criteria established pursuant to division (B) of this section or a conflict of interest develops between the regional program or a person associated with it and the office. If the designation of a regional program is provisionally maintained, the state ombudsman shall notify the program of the reasons for its provisional status, the changes or corrections necessary for the removal of its provisional status, the length of time it has to make the changes or corrections, and that the state ombudsman will withdraw the designation if the program does not comply with the requirements specified in the notice. If the designation of a regional program is withdrawn, the state ombudsman shall provide for the continuation of ombudsman services for that region.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.18 | Regional Long-Term Care Ombudsman Program - Duties.

Effective:
June 11, 1990
Latest Legislation:
House Bill 359 - 118th General Assembly
Each regional long-term care ombudsman program designated under section 173.16 of the Revised Code shall do all of the following:
(A) Provide ombudsman services for the region in which it is located;
(B) Employ representatives of the office of the state long-term care ombudsman program or receive services from volunteers certified under section 173.21 of the Revised Code as representatives of the office, or both;
(C) Submit reports to the state long-term care ombudsman as he may require;
(D) Register as a residents' rights advocate with the department of health under division (B) of section 3701.07 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.22 | Confidential Information.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The collection, compilation, analysis, and dissemination of information by the office of the state long-term care ombudsman program shall be performed in a manner that protects complainants, individuals providing information about a complaint, public entities, and confidential records of residents or recipients. The identity of a resident or recipient, a complainant who is not a resident or recipient, or an individual providing information about a complaint shall not be disclosed without the written consent of the resident or recipient, complainant, or individual, or a legal representative of any of the foregoing, or except as required by court order.
The investigative files of the office and any records contained in those files, including any proprietary records of a long-term care provider or records relating to advocacy visits, are not public records subject to inspection or copying under section 149.43 of the Revised Code and are exempt from the provisions of Chapter 1347. of the Revised Code. Information contained in investigative and other files maintained by the state long-term care ombudsman and regional long-term care ombudsman programs shall be disclosed only at the discretion of the state ombudsman or if disclosure is required by court order.
(B) No report prepared by the state ombudsman or a regional program shall include any information that violates the confidentiality requirements of this section. Proprietary records of a specific long-term care provider are subject to the confidentiality requirements of this section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.23 | Immunity; False Complaint; Representation by Attorney General.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Representatives of the office of the state long-term care ombudsman program are immune from civil or criminal liability for any action taken in the good faith performance of their official duties under sections 173.14 to 173.26 of the Revised Code.
(B) A person acting in good faith is immune from civil or criminal liability incident to any of the following: providing information to the office, participating in registration of a complaint with the office, participating in investigation of a complaint by the office, or participating in an administrative or judicial proceeding resulting from a complaint.
(C) No person shall knowingly register a false complaint with the office, or knowingly swear or affirm the truth of a false complaint previously registered, when the statement is made with purpose to incriminate another.
(D) The attorney general shall provide legal counsel to the office of the state long-term care ombudsman program and to the regional long-term care ombudsman programs. The attorney general shall represent any representative of the office and any representative of a regional program against whom any legal action is brought in connection with the representative's official duties under sections 173.14 to 173.26 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.24 | Protection for Disciplinary or Retaliatory Action.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code.
(2) "Retaliatory action" includes physical, mental, or verbal abuse; change of room assignment; withholding of services; failure to provide care in a timely manner; discharge; and termination of employment.
(B) An employee providing information to or participating in good faith in registering a complaint with the office of the state long-term care ombudsman program or participating in the investigation of a complaint or in administrative or judicial proceedings resulting from a complaint registered with the office shall have the full protection against disciplinary or retaliatory action provided by division (E) of section 3721.17 and by sections 4113.51 to 4113.53 of the Revised Code.
(C) No long-term care provider or other entity, no person employed by a long-term care provider or other entity, and no other individual shall knowingly subject any resident, recipient, employee, representative of the office of the state long-term care ombudsman program, or another individual to any form of retaliation, reprisal, discipline, or discrimination for doing any of the following:
(1) Providing information to the office;
(2) Participating in registering a complaint with the office;
(3) Cooperating with or participating in the investigation of a complaint by the office or in administrative or judicial proceedings resulting from a complaint registered with the office.
Last updated September 14, 2023 at 2:39 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.25 | Cooperation and Coordination With Agencies.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The office of the state long-term care ombudsman program shall, in carrying out the provisions and purposes of sections 173.14 to 173.26 of the Revised Code, advise, consult, and cooperate with any agency, program, or other entity related to the purposes of the office. Any agency, program, or other entity related to the purposes of the office shall advise, consult, and cooperate with the office.
The office shall attempt to establish effective coordination with government-sponsored programs that provide legal services to the elderly and with protective and advocacy programs for individuals with developmental disabilities or mental illness.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.26 | Payment of Fee per Bed to Department of Aging.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Each of the following facilities shall annually pay to the department of aging six dollars for each bed the facility was licensed or otherwise authorized to maintain during any part of the previous year:
(1) Nursing homes and residential care facilities, as defined in section 3721.01 of the Revised Code;
(2) Facilities authorized to provide extended care services under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including a long-term acute care hospital that provides medical and rehabilitative care to patients who require an average length of stay greater than twenty-five days and is classified by the centers for medicare and medicaid services as a long-term care hospital pursuant to 42 C.F.R. 412.23(e);
(3) County homes and district homes operated pursuant to Chapter 5155. of the Revised Code;
(4) Residential facilities licensed under section 5119.34 of the Revised Code that provide accommodations, supervision, and personal care services for three to sixteen unrelated adults;
(5) Facilities approved by the Veterans Administration under Section 104(a) of the "Veterans Health Care Amendments of 1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for the placement and care of veterans.
The department shall, by rule adopted in accordance with Chapter 119. of the Revised Code, establish deadlines for payments required by this section. A facility that fails, within ninety days after the established deadline, to pay a payment required by this section shall be assessed at two times the original invoiced payment.
(B) All money collected under this section shall be deposited in the state treasury to the credit of the office of the state long-term care ombudsman program fund, which is hereby created. Money credited to the fund shall be used solely to pay the costs of operating the regional long-term care ombudsman programs.
(C) The state long-term care ombudsman and the regional programs may solicit and receive contributions to support the operation of the office or a regional program, except that no contribution shall be solicited or accepted that would interfere with the independence or objectivity of the office or program.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.28 | Additional Fines for Certain Violations.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this section, "incident" means the occurrence of a violation with respect to a resident or recipient. A violation is a separate incident for each day it occurs and for each resident who is subject to it.
(B)(1) In lieu of the fine that may be imposed under division (A) of section 173.99 of the Revised Code for a criminal offense, the director of aging may, under Chapter 119. of the Revised Code, fine a long-term care provider or other entity, a person employed by a long-term care provider or other entity, or an individual for a violation of division (C) of section 173.24 of the Revised Code. The fine shall not exceed one thousand dollars per incident.
(2) In lieu of the fine that may be imposed under division (C) of section 173.99 of the Revised Code for a criminal offense, the director may, under Chapter 119. of the Revised Code, fine a long-term care provider or other entity, a person employed by a long-term care provider or other entity, or an individual for a violation of division (G)(1) or (2) of section 173.19 of the Revised Code. The fine shall not exceed five hundred dollars for each day the violation continued.
(C) On request of the director, the attorney general shall bring and prosecute to judgment a civil action to collect any fine imposed under division (B)(1) or (2) of this section that remains unpaid thirty days after the violator's final appeal is exhausted.
(D) All fines collected under this section shall be deposited into the state treasury to the credit of the state long-term care ombudsman program fund created under section 173.26 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.39 | Community-Based Long-Term Care - Provider Certification for Payment.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) As used in sections 173.39 to 173.393 of the Revised Code:
(1) "Provider" means a person or government entity that provides any services, including community-based long-term care services, under a program the department of aging administers. "Provider" includes a person or government entity that provides home and community-based services to older adults through the PASSPORT program or assisted living program.
(2) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code.
(3) "PASSPORT program" and "assisted living program" have the same meanings as in section 173.51 of the Revised Code.
(B) The department of aging shall not pay a provider for providing any service, including community-based long-term care services, under the PASSPORT program or assisted living program unless the provider is certified under section 173.391 of the Revised Code and the service is in fact provided.
The department may require a provider under any other program the department administers to be certified under section 173.391 of the Revised Code. If the department requires this certification, the department shall not pay the provider for providing any service under that program unless the provider is certified under section 173.391 of the Revised Code and the service is in fact provided. If the department does not require this certification, the department shall not pay the provider for providing any service under that program unless the provider complies with section 173.392 of the Revised Code.
Last updated August 5, 2021 at 1:47 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.392 | Payment of Noncertified Provider.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) In the case of a provider that the department of aging under section 173.39 of the Revised Code has not required to be certified under section 173.391 of the Revised Code, the department may pay the provider for providing services, including community-based long-term care services, under a program the department administers but only if all of the following are the case:
(1) The provider has a contract with the department of aging or the department's designee to provide the services in accordance with the contract or has received a grant from the department or its designee to provide the services in accordance with a grant agreement;
(2) The contract or grant agreement includes detailed conditions of participation for the provider and service standards that the provider is required to satisfy;
(3) The provider complies with the contract or grant agreement;
(4) The contract or grant is not for medicaid-funded services, other than services provided under the PACE program administered by the department of aging under section 173.50 of the Revised Code.
(B)(1) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing both of the following:
(a) Contracts and grant agreements between the department of aging or its designee and providers;
(b) The department's payment for services, including community-based long-term care services, under this section.
(2) The rules adopted under this section shall be consistent with section 173.381 of the Revised Code.
Last updated August 5, 2021 at 1:48 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.393 | Provider Evaluation Records as Public Records.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Except as provided in division (B) of this section, the records of an evaluation conducted in accordance with rules adopted under division (B)(2) of section 173.391 of the Revised Code are public records for purposes of section 149.43 of the Revised Code and shall be made available on request of any person, including individuals receiving or seeking any services, including community-based long-term care services, under a program the department of aging administers.
(B) A part of a record of an evaluation that is otherwise available as a public record under division (A) of this section is not available as a public record if its release would violate a federal or state statute, regulation, or rule, including regulations adopted by the United States department of health and human services to implement the health information privacy provisions of the "Health Insurance Portability and Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended.
Last updated August 5, 2021 at 1:48 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.41 | Statewide Aging and Disabilities Resource Network.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) The department of aging shall promote the development of a statewide aging and disabilities resource network through which older adults, adults with disabilities, and their caregivers are provided with both of the following:
(1) Information on any long-term care service options available to the individuals;
(2) Streamlined access to long-term care services, both publicly funded services and services available through private payment.
(B) Area agencies on aging shall establish the network throughout the state. In doing so, the agencies shall collaborate with centers for independent living and other locally funded organizations to establish a cost-effective and consumer-friendly network that builds on existing, local infrastructures of services that support consumers in their communities.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.421 | Periodic or Follow-Up Long-Term Care Consultations.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
As part of the long-term care consultation program established under section 173.42 of the Revised Code, the department of aging may establish procedures for the conduct of periodic or follow-up long-term care consultations for residents of nursing facilities, including annual or more frequent reassessments of the residents' functional capabilities. If the procedures are established, the department or program administrator shall assign individuals to nursing facilities to serve as care managers within the facilities. The individuals assigned shall be individuals who are certified under section 173.422 of the Revised Code to provide long-term care consultations.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.422 | Certification to Conduct Long-Term Care Consultation.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The department of aging shall certify individuals who meet certification requirements established by rule to provide long-term care consultations for purposes of sections 173.42 and 173.421 of the Revised Code. The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification process and requirements. The rules shall specify the education, experience, or training in long-term care a person must have to qualify for certification.
(B) Notwithstanding the requirements for a certification under division (A) of this section, the department shall issue a certification to provide long-term care consultations in accordance with Chapter 4796. of the Revised Code to a person if either of the following applies:
(1) The person holds a license or certification in another state.
(2) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a provider of long-term care consultations in a state that does not issue that license or certification.
Last updated December 29, 2023 at 7:34 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.423 | Monitoring of Home and Community-Based Services Elections.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
If an individual who is the subject of a long-term care consultation is eligible for and elects to receive home and community-based services covered by medicaid components the department of aging administers, the department of aging or program administrator shall monitor the individual by doing either or both of the following at least once each year:
(A) Determining whether the services being provided to the individual are appropriate;
(B) Determining whether changes in the types of services being provided to the individual should be made.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.424 | Compliance With Federal Law.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If, under federal law, an individual's eligibility for the home and community-based services covered by medicaid components the department of aging administers is dependent on the conduct of an assessment or other evaluation of the individual's needs and capabilities and the development of an individualized plan of care or services, the department shall develop and implement all procedures necessary to comply with the federal law. The procedures may include the use of long-term care consultations.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.43 | Interagency Agreement for Unified Long-Term Care Budget for Home and Community-Based Services.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The department of aging shall enter into an interagency agreement with the department of medicaid under section 5162.35 of the Revised Code under which the department of aging is required to establish for each biennium a unified long-term care budget for home and community-based services covered by medicaid components the department of aging administers. The interagency agreement shall require the department of aging to do all of the following:
(1) Administer the unified long-term care budget in accordance with sections 173.43 to 173.434 of the Revised Code and the general assembly's appropriations for home and community-based services covered by medicaid components the department of aging administers for the applicable biennium;
(2) Contract with each PASSPORT administrative agency for assistance in the administration of the unified long-term care budget;
(3) Provide individuals who are eligible for home and community-based services covered by medicaid components the department of aging administers a choice of services that meet the individuals' needs and improve their quality of life;
(4) Provide a continuum of services that meet the life-long needs of individuals who are eligible for home and community-based services covered by medicaid components the department of aging administers.
(B) The director of budget and management shall create new appropriation items as necessary for establishment of the unified long-term care budget.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.431 | Administration of Budget.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of aging shall ensure that the unified long-term care budget established under section 173.43 of the Revised Code is administered in a manner that provides medicaid coverage of and expands access to all of the following as necessary to meet the needs of individuals receiving home and community-based services covered by medicaid components the department of aging administers:
(A) To the extent permitted by the medicaid waivers authorizing department of aging-administered medicaid waiver components, all of the following medicaid waiver services provided under department of aging-administered medicaid waiver components:
(1) Personal care services;
(2) Home-delivered meals;
(3) Adult day-care;
(4) Homemaker services;
(5) Emergency response services;
(6) Medical equipment and supplies;
(7) Chore services;
(8) Social work counseling;
(9) Nutritional counseling;
(10) Independent living assistance;
(11) Medical transportation;
(12) Nonmedical transportation;
(13) Home care attendant services;
(14) Assisted living services;
(15) Community transition services;
(16) Enhanced community living services;
(17) All other medicaid waiver services provided under department of aging-administered medicaid waiver components.
(B) All of the following state medicaid plan services as specified in rules adopted under section 5164.02 of the Revised Code:
(1) Home health services;
(2) Private duty nursing services;
(3) Durable medical equipment;
(4) Services of a clinical nurse specialist;
(5) Services of a certified nurse practitioner.
(C) The services that the PACE program provides.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.432 | Care Management and Authorization Services.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of aging or its designee shall provide care management and authorization services with regard to the state plan services specified in division (B) of section 173.431 of the Revised Code that are provided to participants of department of aging-administered medicaid waiver components. The department or its designee shall ensure that no person providing the care management and authorization services performs an activity that may not be performed without a valid certificate or license issued by an agency of this state unless the person holds the valid certificate or license.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.434 | Adoption of Rules.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of aging shall adopt rules that are needed to implement sections 173.43 to 173.432 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.44 | Survey of Nursing Homes and Residential Care Facilities.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) As used in this section, "nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(B) The department of aging may conduct an annual survey of nursing homes and residential care facilities. The survey shall include questions about capacity, occupancy, and private pay charges. The department may contract with an outside entity to conduct the survey and analyze the results. The results of the survey and any analysis completed by the department or its designee shall be made available to the general assembly, other state agencies, nursing home and residential care facility providers, and the general public.
(C) No nursing home or residential care facility shall recklessly fail to complete the survey.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.45 | Facilities Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in this section and in sections 173.46 to 173.49 of the Revised Code:
(A) "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) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code.
(C) "Long-term care facility" means a nursing home or residential care facility.
(D) "Nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(E) "Nursing facility" has the same meaning as in section 5165.01 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.46 | Long-Term Care Consumer Guide.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The department of aging shall develop and publish a guide to long-term care facilities for use by individuals considering long-term care facility admission and their families, friends, and advisors. The guide, which shall be titled the Ohio long-term care consumer guide, may be published in printed form or in electronic form for distribution over the internet. The guide may be developed as a continuation or modification of the guide published by the department prior to September 29, 2005, under rules adopted under section 173.02 of the Revised Code.
(B) The Ohio long-term care consumer guide shall include information on each long-term care facility in this state. For each facility, the guide shall include the following information, as applicable to the facility:
(1) Information regarding the facility's compliance with state statutes and rules and federal statutes and regulations;
(2) Information generated by the centers for medicare and medicaid services of the United States department of health and human services from the quality measures developed as part of its nursing home quality initiative;
(3) Results of the customer satisfaction surveys conducted under section 173.47 of the Revised Code;
(4) Any other information the department specifies in rules adopted under section 173.49 of the Revised Code.
(C) The Ohio long-term care consumer guide may include information on residential facilities and providers of community-based long-term care services. The department may adopt rules under section 173.49 of the Revised Code to specify the information to be included in the guide pursuant to this division.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.47 | Customer Satisfaction Survey for Long-Term Care Facilities.

Effective:
July 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) For purposes of publishing the Ohio long-term care consumer guide, the department of aging shall conduct or provide for the conduct of an annual customer satisfaction survey of each long-term care facility. The results of the surveys may include information obtained from long-term care facility residents, their families, or both.
(B) Each long-term care facility shall cooperate in the conduct of its annual customer satisfaction survey.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.48 | Fees for Consumer Care Guide; Long-Term Care Consumer Guide Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A)(1) The department of aging may charge annual fees to long-term care facilities for the publication of the Ohio long-term care consumer guide, as well as late penalties if applicable. The department may contract with any person or government entity to collect the fees on its behalf. All fees collected under this section shall be deposited in accordance with division (B) of this section.
(2) Except as provided in division (A)(3) of this section, the annual fees charged under this section shall not exceed the following amounts:
(a) For each long-term care facility that is a nursing home, six hundred fifty dollars;
(b) For each long-term care facility that is a residential care facility:
(i) Until June 30, 2016, three hundred dollars;
(ii) Beginning July 1, 2016, three hundred fifty dollars.
(3) The department, by rule adopted in accordance with Chapter 119. of the Revised Code, may establish deadlines for the payment of the annual fees charged under this section. If the annual fee is not received by the department within ninety days of any deadline established by the department, the rules may require a long-term care facility to pay a late penalty equal to and in addition to the amount of the annual fee charged under this section.
(4) Unless prohibited by federal law, fees paid by a long-term care facility that is a nursing facility, including late penalties, shall be reimbursed through the medicaid program.
(B) There is hereby created in the state treasury the long-term care consumer guide fund. Money collected from the fees charged for the publication of the Ohio long-term care consumer guide under division (A) of this section and any late penalties shall be credited to the fund. The department shall use money in the fund for costs associated with publishing the Ohio long-term care consumer guide, including, but not limited to, costs incurred in conducting or providing for the conduct of customer satisfaction surveys.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.49 | Implementing Rules to Be Adopted by Department.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
The department of aging shall adopt rules as the department considers necessary to implement and administer sections 173.45 to 173.48 of the Revised Code. The rules shall be adopted under Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.50 | Pace Administration.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Pursuant to a contract entered into with the department of medicaid as an interagency agreement under section 5162.35 of the Revised Code, the department of aging shall carry out the day-to-day administration of the component of the medicaid program known as the program of all-inclusive care for the elderly or PACE. The department of aging shall carry out its PACE administrative duties in accordance with the provisions of the interagency agreement and all applicable federal laws, including the "Social Security Act," section 1934, 42 U.S.C. 1396u-4.
(B) To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of aging may adopt rules in accordance with Chapter 119. of the Revised Code regarding the PACE program, including rules establishing priorities for enrolling in the program pursuant to section 173.501 of the Revised Code. The rules shall address only those issues that are not addressed in rules adopted by the medicaid director for the PACE program.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.51 | Definitions for Passport and Assisted Living Programs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in sections 173.51 to 173.56 of the Revised Code:
"Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
"Assisted living program" means the program that consists of a medicaid-funded component created under section 173.54 of the Revised Code and a state-funded component created under section 173.543 of the Revised Code and provides assisted living services to individuals who meet the program's applicable eligibility requirements.
"Assisted living services" means the following home and community-based services: personal care, homemaker, chore, attendant care, companion, medication oversight, and therapeutic social and recreational programming.
"Assisted living waiver" means the federal medicaid waiver granted by the United States secretary of health and human services that authorizes the medicaid-funded component of the assisted living program.
"County or district home" means a county or district home operated under Chapter 5155. of the Revised Code.
"Long-term care consultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code.
"Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
"Medicaid waiver component" has the same meaning as in section 5166.01 of the Revised Code.
"Nursing facility" has the same meaning as in section 5165.01 of the Revised Code.
"PASSPORT program" means the preadmission screening system providing options and resources today program (PASSPORT) that consists of a medicaid-funded component created under section 173.52 of the Revised Code and a state-funded component created under section 173.522 of the Revised Code and provides home and community-based services as an alternative to nursing facility placement for individuals who are aged and disabled and meet the program's applicable eligibility requirements.
"PASSPORT waiver" means the federal medicaid waiver granted by the United States secretary of health and human services that authorizes the medicaid-funded component of the PASSPORT program.
"Representative" means a person acting on behalf of an applicant for the medicaid-funded component or state-funded component of the assisted living program. A representative may be a family member, attorney, hospital social worker, or any other person chosen to act on behalf of an applicant.
"Residential care facility" has the same meaning as in section 3721.01 of the Revised Code.
Last updated September 22, 2023 at 9:34 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.52 | Medicaid-Funded Component of Passport Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of medicaid shall create the medicaid-funded component of the PASSPORT program. In creating the medicaid-funded component, the department of medicaid shall collaborate with the department of aging.
(B) All of the following apply to the medicaid-funded component of the PASSPORT program:
(1) The department of aging shall administer the medicaid-funded component through a contract entered into with the department of medicaid under section 5162.35 of the Revised Code.
(2) The medicaid-funded component shall be operated as a separate medicaid waiver component.
(3) For an individual to be eligible for the medicaid-funded component, the individual must be a medicaid recipient and meet the additional eligibility requirements applicable to the individual established in rules adopted under division (B)(4) of this section.
(4) To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the medicaid-funded component.
Last updated September 22, 2023 at 9:34 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 173 | Department of Aging › Section 173.522 | State-Funded Component of Passport Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of aging shall create and administer the state-funded component of the PASSPORT program. The state-funded component shall not be administered as part of the medicaid program.
(B) For an individual to be eligible for the state-funded component of the PASSPORT program, the individual must meet one of the following requirements and meet the additional eligibility requirements applicable to the individual established in rules adopted under division (D) of this section:
(1) The individual must have been enrolled in the state-funded component on September 1, 1991, (as the state-funded component was authorized by uncodified law in effect at that time) and have had one or more applications for enrollment in the medicaid-funded component of the PASSPORT program denied.
(2) The individual must have an application for the medicaid-funded component of the PASSPORT program pending and the department or the department's designee must have determined that the individual meets the nonfinancial eligibility requirements of the medicaid-funded component and not have reason to doubt that the individual meets the financial eligibility requirements of the medicaid-funded component.
(C) An individual who is eligible for the state-funded component of the PASSPORT program because the individual meets the requirement of division (B)(2) of this section may participate in the component on that basis for a period of time specified in rules adopted under division (D) of this section.
(D)(1) The director of aging shall adopt rules in accordance with section 111.15 of the Revised Code to implement the state-funded component of the PASSPORT program.
The rules shall include all of the following:
(a) Additional eligibility requirements for an individual to be eligible for the state-funded component of the PASSPORT program;
(b) The duration that an individual eligible for the state-funded component of the PASSPORT program under division (B)(2) of this section may participate in that component;
(c) Any other rules the director considers appropriate to implement the state-funded component of the PASSPORT program.
(2) The additional eligibility requirements established in the rules may vary for the different groups of individuals specified in divisions (B)(1) and (2) of this section.
Last updated September 22, 2023 at 9:36 AM