reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.20 | [Repealed Effective 9/30/2024 by h.b. 110, 134th General Assembly] Civil Penalty; Injunction.

Effective:
April 20, 1995
Latest Legislation:
Senate Bill 50 - 121st General Assembly
If the director of health determines that a person has violated section 3702.14 of the Revised Code, the director, after affording the person an opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code, shall impose a civil penalty of not less than one thousand dollars and not more than two hundred fifty thousand dollars on the person. In addition to the civil penalty, for a second or subsequent violation of section 3702.14 of the Revised Code, or for a first violation that the director determines has caused or poses an imminent threat of serious physical or life-threatening danger, the director, after affording the person an opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code, may issue an order that the person cease operating the health service. If a person issued such an order continues to operate the health service, the attorney general may apply to the court of common pleas of the county in which the person is located for an order enjoining the person from operating the service. The court shall grant the order on a showing that the person is operating the service.
Civil penalties collected under this section shall be deposited in the general operations fund created by section 3701.83 of the Revised Code and shall be used solely to administer and enforce the rules adopted under section 3702.11 of the Revised Code.
Last updated September 28, 2021 at 6:29 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.302 | License Renewal for Uncertified Ambulatory Surgical Facilities.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
In the case of an ambulatory surgical facility not certified by the centers for medicare and medicaid services as an ambulatory surgical center, the director of health shall conduct an inspection of the facility each time the facility submits an application for license renewal. The director shall not renew the license unless all of the following conditions are met:
(A) The inspector conducting the inspection completes each item on the following, as applicable:
(1) Until the director adopts rules under division (F) of section 3702.30 of the Revised Code, the form approved by the director on the effective date of this section;
(2) The form specified by the director pursuant to rules adopted under division (F) of section 3702.30 of the Revised Code.
(B) The inspection demonstrates that the ambulatory surgical facility complies with all quality standards established by the director in rules adopted under division (B) of section 3702.30 of the Revised Code.
(C) The director determines that the most recent version of the updated written transfer agreement filed in accordance with division (B) of section 3702.303 of the Revised Code is satisfactory, unless the director has granted a variance from the written transfer agreement requirement as permitted by section 3702.304 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.303 | Transfer Agreements.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (C) of this section, an ambulatory surgical facility shall have a written transfer agreement with a local hospital that specifies an effective procedure for the safe and immediate transfer of patients from the facility to the hospital when medical care beyond the care that can be provided at the ambulatory surgical facility is necessary, including when emergency situations occur or medical complications arise. A copy of the agreement shall be filed with the director of health.
(B) An ambulatory surgical facility shall update a written transfer agreement every two years and file a copy of the updated agreement with the director.
(C) The requirement for a written transfer agreement between an ambulatory surgical facility and a hospital does not apply if either of the following is the case:
(1) The facility is a provider-based entity, as defined in 42 C.F.R. 413.65(a)(2), of a hospital and the facility's policies and procedures to address situations when care beyond the care that can be provided at the ambulatory surgical facility are approved by the governing body of the facility's parent hospital and implemented;
(2) The director of health has, pursuant to the procedure specified in section 3702.304 of the Revised Code, granted the facility a variance from the requirement.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.305 | Variance Application Physician Attestation.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 157 - 134th General Assembly
(A) In addition to the attachments specified in division (B)(3)(a) of section 3702.304 of the Revised Code, a variance application must contain or include as attachments, for each consulting physician described in division (B)(2) of that section, a signed statement in which the physician attests to both of the following:
(1) The physician does not teach or provide instruction, directly or indirectly, at a medical school or osteopathic medical school affiliated with a state university or college as defined in section 3345.12 of the Revised Code, any state hospital, or other public institution.
(2) The physician is not employed by or compensated pursuant to a contract with, and does not provide instruction or consultation to, a medical school or osteopathic medical school affiliated with a state university or college as defined in section 3345.12 of the Revised Code, any state hospital, or other public institution.
(B) No physician shall engage in any of the activities described in division (A)(1) or (2) of this section while serving as a consulting physician for an ambulatory surgical facility that has been granted a variance from the written transfer agreement requirement of section 3702.303 of the Revised Code.
(C) If, at any time, the director of health determines that a consulting physician for an ambulatory surgical facility that has been granted a variance from the written transfer agreement requirement of section 3702.303 of the Revised Code has violated the prohibition in division (B) of this section, the director shall rescind the variance.
Last updated January 13, 2022 at 5:23 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.306 | Effective Period for Variances.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
A variance the director of health grants under section 3702.304 of the Revised Code is effective for the period of time specified by the director, except that it shall not be effective beyond the date the ambulatory surgical facility's license expires. If a variance is to expire on the date the facility's license expires, the facility may submit to the director an application for a new variance with its next license renewal application.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.307 | Notifications to Director.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
An ambulatory surgical facility shall notify the director of health when any of the following occurs:
(A) The facility modifies any provision of its most recent written transfer agreement filed with the director under section 3702.303 of the Revised Code. Notification under these circumstances shall occur not later than the business day after the modification is finalized. As used in this division, "business day" means a day of the week excluding Saturday, Sunday, and a legal holiday as defined in section 1.14 of the Revised Code.
(B) The facility modifies its operating procedures or protocols described in division (B)(4) of section 3702.304 of the Revised Code. Notification under these circumstances shall occur not later than forty-eight hours after the modification is made.
(C) The ambulatory surgical facility becomes aware of an event, including disciplinary action by the state medical board pursuant to section 4731.22 of the Revised Code, that may affect a consulting physician's license to practice medicine and surgery or osteopathic medicine and surgery or the physician's ability to admit patients to a hospital identified in a variance application, as described in division (B)(3)(e) of section 3702.304 of the Revised Code. Notification under these circumstances shall occur not later than one week after the facility becomes aware of the event's occurrence.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.308 | Severability.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
If any provision in sections 3702.302 to 3702.307 of the Revised Code is enjoined, the injunction does not affect any remaining provision of those sections, any provision of section 3702.30 of the Revised Code, or any provision of the rules adopted under that section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.309 | Suspension of Ambulatory Surgical License.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) If a variance application is denied under section 3702.304 of the Revised Code, the license of such an ambulatory surgical facility is automatically suspended. The director of health shall reinstate the license if one of the following occurs:
(1) The facility files with the director a copy of a written transfer agreement that meets the requirements of section 3702.303 of the Revised Code.
(2) The director grants the facility a variance pursuant to the requirements and procedures under section 3702.304 of the Revised Code;
(3) The license is required to be reinstated pursuant to an order issued in accordance with sections 119.01 to 119.13 of the Revised Code.
(B) If a facility's license remains under suspension pursuant to this section after the expiration date of the license, in order to operate as an ambulatory surgical facility it must apply for a new license under section 3702.30 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.3010 | Maximum Distance of Local Hospital From Ambulatory Surgical Facility.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 157 - 134th General Assembly
A local hospital shall not be further than thirty miles from an ambulatory surgical facility with which the local hospital has a written transfer agreement under section 3702.303 of the Revised Code.
Last updated April 21, 2022 at 11:48 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.3011 | [Former r.c. 3702.305, Renumbered by s.b. 157 of the 134th General Assembly, Effective 3/23/2022] Conditions on Variance.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 157 - 134th General Assembly
The director of health may impose conditions on any variance the director has granted under section 3702.304 of the Revised Code. The director may, at any time, rescind the variance for any reason, including a determination by the director that the facility is failing to meet one or more of the conditions or no longer adequately protects public health and safety. The director's decision to rescind a variance is final.
Last updated January 13, 2022 at 5:31 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.3012 | Surgical Smoke Evacuation Policy.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "surgical smoke" and "surgical smoke evacuation system" have the same meanings as in section 3727.25 of the Revised Code.
(B) Not later than one year after the effective date of this section, each ambulatory surgical facility shall adopt and implement a policy designed to prevent human exposure to surgical smoke during any planned surgical procedure that is likely to generate surgical smoke. The policy shall include the use of a surgical smoke evacuation system.
(C) The director of health may adopt any rules the director considers necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated September 26, 2023 at 5:42 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.31 | Quality Monitoring and Inspection Fund.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The quality monitoring and inspection fund is hereby created in the state treasury. The director of health shall use the fund to administer and enforce this section and sections 3702.11 to 3702.20, 3702.30, 3702.301, 3702.32, and 3702.33 of the Revised Code and rules adopted pursuant to those sections. The director shall deposit in the fund any moneys collected pursuant to this section or section 3702.32 of the Revised Code. All investment earnings of the fund shall be credited to the fund.
(B) The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code establishing fees for both of the following:
(1) Initial and renewal license applications submitted under section 3702.30 of the Revised Code. The fees established under division (B)(1) of this section shall not exceed the actual and necessary costs of performing the activities described in division (A) of this section.
(2) Inspections conducted under section 3702.15 or 3702.30 of the Revised Code. The fees established under division (B)(2) of this section shall not exceed the actual and necessary costs incurred during an inspection, including any indirect costs incurred by the department for staff, salary, or other administrative costs. The director of health shall provide to each health care facility or provider inspected pursuant to section 3702.15 or 3702.30 of the Revised Code a written statement of the fee. The statement shall itemize and total the costs incurred. Within fifteen days after receiving a statement from the director, the facility or provider shall forward the total amount of the fee to the director.
(3) The fees described in divisions (B)(1) and (2) of this section shall meet both of the following requirements:
(a) For each service described in section 3702.11 of the Revised Code, the fee shall not exceed one thousand seven hundred fifty dollars annually, except that the total fees charged to a health care provider under this section shall not exceed five thousand dollars annually.
(b) The fee shall exclude any costs reimbursable by the United States centers for medicare and medicaid services as part of the certification process for the medicare program established under Title XVIII of the "Social Security Act," 79 Stat. 286 (1935), 42 U.S.C.A. 1395, as amended, and the medicaid program established under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396.
(4) The director shall not establish a fee for any service for which a licensure or inspection fee is paid by the health care provider to a state agency for the same or similar licensure or inspection.
Last updated August 16, 2021 at 3:52 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.33 | Petition to Enjoin Unlicensed Health Care Facility.

Effective:
April 5, 2007
Latest Legislation:
House Bill 239 - 126th General Assembly
Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised Code may petition the court of common pleas of the county in which the facility is located for an order enjoining the facility from continuing to operate without a license. The court shall grant the order on a showing that the facility named in the petition is violating division (E) of section 3702.30 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.34 | Option of Having a Long-Acting Reversible Contraceptive Placed After Delivery; Exception.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) Except as provided in division (B) of this section, a freestanding birthing center shall modify operational processes to ensure that a woman giving birth in the freestanding birthing center has the option of having a long- acting reversible contraceptive placed after delivery and before the woman is discharged.
(B) A freestanding birthing center is exempt from the requirement in division (A) of this section if the freestanding birthing center notifies the department of health in writing that it has a faith-based objection to the requirement.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.40 | Mammogram Report; Dense Breast Tissue Advisory.

Effective:
September 23, 2022
Latest Legislation:
House Bill 371 - 134th General Assembly
(A) As used in this section, "mammogram" and "facility" have the same meanings as in section 263b(a) of the "Mammography Quality Standards Act of 1992," 106 Stat. 3547 (1992), 42 U.S.C. 263b(a), as amended.
(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall send to each patient who has a mammogram at the facility a summary of the written report containing the results of the patient's mammogram. If, based on the breast imaging reporting and data system established by the American college of radiology, the patient's mammogram demonstrates that the patient has dense breast tissue, the summary shall include the following statement:
"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it harder to find cancer on a mammogram and also may increase your risk of developing breast cancer. Because you have dense breast tissue, you could benefit from additional imaging tests such as a screening breast ultrasound or breast magnetic resonance imaging. This information about your breast density is being provided to you to raise your awareness. It is important to continue routine screening mammograms and use this information to speak with your health care provider about your own risk for breast cancer. At that time, ask your health care provider if more screening tests might be useful based on your risk. A report of your mammogram results was sent to your health care provider."
As required by 21 C.F.R. 900.12(c)(3), the facility shall send to the patient's health care provider, if known, a copy of the written report containing the results of the patient's mammogram not later than thirty days after the mammogram was performed.
(C) This section does not do either of the following:
(1) Create a new cause of action or substantive legal right against a person, facility, or other entity;
(2) Create a standard of care, obligation, or duty for a person, facility, or other entity that would provide the basis for a cause of action or substantive legal right, other than the duty to send the summary and written report described in division (B) of this section.
Last updated July 14, 2022 at 3:04 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.511 | Reviewable Activities Relating to Long-Term Care Facilities.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as provided in division (B) of this section and section 3702.512 of the Revised Code, the following activities are reviewable under sections 3702.51 to 3702.62 of the Revised Code:
(1) Establishment, development, or construction of a new long-term care facility;
(2) Replacement of an existing long-term care facility;
(3) Renovation of or addition to a long-term care facility that involves a capital expenditure of four million dollars or more, not including expenditures for equipment, staffing, or operational costs;
(4) An increase in long-term care bed capacity;
(5) A relocation of long-term care beds from one physical facility or site to another, excluding relocation of beds within a long-term care facility or among buildings of a long-term care facility at the same site;
(6) Any failure to conduct a reviewable activity in substantial accordance with the approved application for which a certificate of need was granted, including a change in the site, if the failure occurs within five years after implementation of the reviewable activity for which the certificate was granted.
(B) The following activities are not subject to review under sections 3702.51 to 3702.62 of the Revised Code:
(1) Acquisition of computer hardware or software;
(2) Acquisition of a telephone system;
(3) Construction or acquisition of parking facilities;
(4) Correction of cited deficiencies that constitute an imminent threat to public health or safety and are in violation of federal, state, or local fire, building, or safety statutes, ordinances, rules, or regulations;
(5) Acquisition of an existing long-term care facility that does not involve a change in the number of the beds;
(6) Mergers, consolidations, or other corporate reorganizations of long-term care facilities that do not involve a change in the number of beds;
(7) Construction, repair, or renovation of bathroom facilities;
(8) Construction of laundry facilities, waste disposal facilities, dietary department projects, heating and air conditioning projects, administrative offices, and portions of medical office buildings used exclusively for physician services;
(9) Removal of asbestos from a health care facility.
Only that portion of a project that is described in this division is not reviewable.
Last updated September 20, 2023 at 1:21 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.512 | Addition of Twenty or Fewer Long-Term Care Beds Not Reviewable.

Effective:
March 21, 2017
Latest Legislation:
House Bill 470 - 131st General Assembly
(A) Except as provided in division (B) of this section, the addition of twenty or fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply:
(1) The nursing home is 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 nursing home does not participate in medicare or medicaid;
(3) All of the long-term care beds being added to the nursing home are to be used solely for the provision of palliative care, as defined in section 3712.01 of the Revised Code.
( B) The continued use of long-term care beds added to a nursing home under this section is a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code if either of the following occurs:
(1) Certification to participate in medicare or medicaid is granted for the nursing home or the part of the nursing home that includes the long-term care beds that were added;
(2) The nursing home to which the long-term care beds were added is sold.
(C) A nursing home that had added twenty long-term care beds under this section may add no additional long-term care beds under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.522 | Revision of Application for Certificate of Need.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
A person who has an application for a certificate of need pending with the director of health may revise the application to change the site of the proposed project unless either of the following applies:
(A) The director, under section 3702.52 of the Revised Code, has mailed the applicant a written notice that the application is complete.
(B) The application is subject to a comparative review under section 3702.593 of the Revised Code.
The only revision that may be made in the revised application is the site of the proposed project. The revised site of the proposed project must be located in the same county as the site of the proposed project specified in the original application. The director may not accept a revised application if it includes revisions other than the site of the proposed project or if the revised site is located in a different county than the county in which the site specified in the original application is located.
A revised application shall be accompanied by an additional, nonrefundable fee equal to twenty-five per cent of the fee charged under section 3702.52 of the Revised Code for the original application. The additional fee shall be deposited into the certificate of need fund created under section 3702.52 of the Revised Code.
On acceptance of a revised application, the director shall continue to review the application as revised in accordance with section 3702.52 of the Revised Code to determine whether it is complete and, if necessary and regardless of whether the director previously made two requests for additional information, may make a final written request to the applicant for additional information not later than thirty days after the date the director accepts the revised application.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.523 | Certificates Not Transferable Prior to Completion of Review.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the completion of the reviewable activity, the certificate of need is void. If the controlling interest in an entity that holds a certificate of need is transferred prior to the completion of the reviewable activity, the certificate of need is void.
(B) Division (A) of this section does not prohibit the transfer of a certificate of need between affiliated or related persons, as defined in rules adopted under section 3702.57 of the Revised Code, if the transfer does not result in a change in the person that holds the ultimate controlling interest, as defined in the rules, in the certificate of need.
The transfer of a long-term care facility after the completion of a reviewable activity for which a certificate of need was issued is not a transfer of the certificate of need, unless the facility is transferred pursuant to an agreement entered into prior to the completion of the reviewable activity.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.525 | Reasonable Progress Required.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Every six months after complying with section 3702.524 of the Revised Code, the holder of the certificate of need shall demonstrate to the director of health, in the form and manner required by rules adopted under section 3702.57 of the Revised Code, that reasonable progress is being made toward the completion of the reviewable activity. If the director determines, in accordance with standards specified in the rules, that reasonable progress is not being made, the director shall withdraw the certificate of need.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.526 | Acceptance of Application for Replacement Certificate of Need.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) Except as provided in division (B) of this section, the director of health shall accept an application for a replacement certificate of need for an activity described in division (A) of section 3702.511 of the Revised Code to replace an approved certificate of need if all of the following conditions are met:
(1) The applicant requests the replacement certificate of need so that the reviewable activity for which the approved certificate of need was granted can be implemented in a manner that is not in substantial accordance with the approved certificate of need.
(2) The applicant is the same as the applicant for the approved certificate of need or an affiliated or related person as described in division (B) of section 3702.523 of the Revised Code.
(3) The source of any long-term care beds to be relocated is the same as in the approved certificate of need.
(4) The application for the approved certificate of need was not subject to comparative review under section 3702.593 of the Revised Code.
(B) The director shall not accept an application for a replacement certificate that proposes to increase the number of long-term care beds to be relocated specified in the application for the approved certificate of need.
(C) For the purpose of determining whether long-term care beds are from an existing long-term care facility, the director shall consider the date of filing of the application for a replacement certificate to be the same as the date of filing of the original application for the approved certificate of need.
(D) Any long-term care beds that were proposed to be relocated in the approved certificate of need remain eligible to be recategorized as a different category of long-term care beds in the application for a replacement certificate.
(E) The applicant shall submit with the application for a replacement certificate a nonrefundable fee equal to the application fee for the approved certificate of need.
(F) The director shall review and approve or deny the application for the replacement certificate in the same manner as the application for the approved certificate of need.
(G) Upon approval of the application for a replacement certificate, the original certificate of need is automatically voided.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.527 | Conversion of Bed Category.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2), (3), or (4) of that section only as provided in the certificate of need under which the beds were approved or its replacement certificate of need.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.53 | Prohibited Acts.

Effective:
March 21, 2017
Latest Legislation:
House Bill 470 - 131st General Assembly
(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 authorizing that activity has been withdrawn by the director of health under section 3702.52 or 3702.525 of the Revised Code. No person shall carry out a reviewable activity if the certificate of need authorizing that activity is void pursuant to section 3702.523 of the Revised Code or has expired pursuant to section 3702.524 of the Revised Code.
(B) No person shall separate portions of any proposal for any reviewable activity to evade the requirements of sections 3702.51 to 3702.62 of the Revised Code.
(C) No person granted a certificate of need shall carry out the reviewable activity authorized by the certificate of need other than in substantial accordance with the approved application for the certificate of need.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.531 | Investigations.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
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 director may request any relevant information pertaining to the alleged violation, including the total operating cost of the activity in question during the period of the alleged violation and the total capital cost associated with implementation of the activity. A person shall provide information requested by the director not later than forty-five days after receiving the director's request. The director also may issue and enforce, in the manner provided in Chapter 119. of the Revised Code, subpoenas duces tecum to compel the production of documents relevant to the alleged violation. The subpoenas may be served in any manner authorized by the rules of civil procedure.
The director or the director's designee may conduct a site visit to investigate an alleged violation of section 3702.53 of the Revised Code.
Each investigation under this section shall be conducted in a manner that protects patient confidentiality. Names or other identifying information about any patient shall not be made public without the written consent of the patient or the patient's guardian, or, if the patient is a minor, the patient's parent or guardian.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.532 | Notice of Violation.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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.
Last updated September 20, 2023 at 2:32 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.54 | Civil Penalty.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 conducted in violation of section 3702.53 of the Revised Code;
(3) If a certificate of need was granted, two per cent of the total capital cost associated with implementation of the activity for which the certificate of need was granted.
In no event, however, shall the penalty exceed two hundred fifty thousand dollars.
(B)(1) Notwithstanding section 3702.52 of the Revised Code, the director shall refuse to accept for review any application for a certificate of need filed by or on behalf of the person, or any successor to the person or entity related to the person, for a period of not less than one year and not more than three years after the director mails the notice of the director's determination under section 3702.532 of the Revised Code or, if the determination is appealed under section 3702.60 of the Revised Code, the issuance of the order upholding the determination that is not subject to further appeal. In determining the length of time during which applications will not be accepted, the director may consider any of the following:
(a) The nature and magnitude of the violation;
(b) The ability of the person to have averted the violation;
(c) Whether the person disclosed the violation to the director before the director commenced investigation of the violation;
(d) The person's history of compliance with sections 3702.51 to 3702.62 and the rules adopted under section 3702.57 of the Revised Code;
(e) Any community hardship that may result from refusing to accept future applications from the person.
(2) Notwithstanding the one-year minimum imposed by division (B)(1) of this section, the director may establish a period of less than one year during which the director will refuse to accept certificate of need applications if, after reviewing all information available to the director, the director determines and expressly indicates in the notice mailed under section 3702.532 of the Revised Code that refusing to accept applications for a longer period would result in hardship to the community in which the person provides long-term care services. The director's finding of community hardship shall not affect the granting or denial of any future certificate of need application filed by the person.
Last updated September 20, 2023 at 2:30 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.544 | Penalties Paid to Director.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 determination that is not subject to further appeal. The civil penalties shall be paid to the director. The director shall deposit them into the certificate of need fund created by section 3702.52 of the Revised Code.
Last updated September 20, 2023 at 2:28 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.55 | Additional Penalties for Continuing Violations.

Effective:
October 3, 2023
Latest Legislation:
House Bill 281 (GA 134),  House Bill 33 (GA 135)
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 Revised Code, thirty days after the person receives an order upholding the director's determination that is not subject to further appeal.
If any person determined to have violated section 3702.53 of the Revised Code fails to cease conducting an activity or using a facility as required by this section or if the person continues to seek payment or reimbursement for services rendered or costs incurred in conducting the activity as prohibited by section 3702.56 of the Revised Code, in addition to the penalties imposed under section 3702.54 of the Revised Code:
(A) The director of health may refuse to include any beds involved in the activity in the bed capacity of a hospital for purposes of registration under section 3701.07 of the Revised Code;
(B) The director of health may refuse to license, or may revoke a license or reduce bed capacity previously granted to, a hospice care program under section 3712.04 of the Revised Code; a nursing home, residential care facility, or home for the aging under section 3721.02 of the Revised Code; or any beds within any of those facilities that are involved in the activity;
(C) A political subdivision certified under section 3721.09 of the Revised Code may refuse to license, or may revoke a license or reduce bed capacity previously granted to, a nursing home, residential care facility, or home for the aging, or any beds within any of those facilities that are involved in the activity;
(D) The director of mental health and addiction services may refuse to license under section 5119.33 of the Revised Code, or may revoke a license or reduce bed capacity previously granted to, a hospital receiving persons with mental illnesses or beds within such a hospital that are involved in the activity;
(E) The department of medicaid may refuse to enter into a provider agreement that includes a facility, beds, or services that result from the activity.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated September 20, 2023 at 2:23 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.56 | Payment for Activity Conducted in Violation.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
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 person that paid it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.592 | Certificate of Need for Long-Term Care Facility Beds; Replacement or Relocation Within County.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(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 long-term care facility if the beds are proposed to be licensed as nursing home beds under Chapter 3721. of the Revised Code;
(2) Approval of beds in a new county home or new county nursing home, or an increase of beds in an existing county home or existing county nursing home if the beds are proposed to be certified as skilled nursing facility beds under the medicare program, Title XVIII of the "Social Security Act," 49 Stat. 286 (1965), 42 U.S.C. 1395, as amended, or nursing facility beds under the medicaid program, Title XIX of the "Social Security Act," 49 Stat. 286 (1965), 42 U.S.C. 1396, as amended;
(3) An increase of hospital beds registered pursuant to section 3701.07 of the Revised Code as long-term care beds;
(4) An increase of hospital beds registered pursuant to section 3701.07 of the Revised Code as special skilled nursing beds that were originally authorized by and are operated in accordance with section 3702.521 of the Revised Code.
(B) The director shall accept applications described in division (A) of this section at any time.
Last updated August 17, 2021 at 11:21 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.594 | Certificate of Need for Long-Term Care Facility Beds; Existing Long-Term Care Facility.

Effective:
March 20, 2019
Latest Legislation:
House Bill 286 - 132nd General Assembly
(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 "Social Security Act," 42 U.S.C. 1395, as amended, or as a nursing facility under the medicaid program, Title XIX of the "Social Security Act," 42 U.S.C. 1396, as amended.
(B) Subject to division (C) of this section, the director of health shall accept, for review under section 3702.52 of the Revised Code, certificate of need applications for an increase in beds in an existing long-term care facility if all of the following conditions are met:
(1) The proposed increase is attributable solely to a relocation of long-term care beds from an existing long-term care facility to another existing long-term care facility located in a county that is contiguous to the county from which the beds are to be relocated;
(2) Not more than a total of thirty beds are proposed for relocation to the same existing long-term care facility, regardless of the number of applications filed.
(3) After the proposed relocation, there will be existing beds remaining in the county from which the beds are relocated.
(C) The director shall accept applications described in division (B) of this section at any time, except that once the cumulative total of beds relocated under this section reaches thirty, no further applications shall be accepted until the period of monitoring specified in division (E) of section 3702.52 of Revised Code of the most recent reviewable activity implemented under this section has expired.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.61 | Injunction.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 director of health, the attorney general shall commence any necessary proceedings. The court has jurisdiction to grant and, on a showing of a violation, shall grant appropriate injunctive relief.
Last updated September 20, 2023 at 2:10 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3702 | Health Care Facilities and Services › Section 3702.62 | Applicability of Other Statutes.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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.