reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-05 - Provision of home visiting services

Current through all regulations passed and filed through July 1, 2024
(A) All home visiting services
			 will be
			 delivered in accordance with the following:
(1) Utilizing a model that has been
			 determined evidence-based by the Ohio department of health, and/or the office
			 of planning, research, and evaluation in the administration for children and
			 families, United States department of health and human services or its
			 successor; or
(2) Utilizing a model
			 that has been determined to be a promising-practice by the Ohio department of
			 health or the Ohio home visiting consortium as specified in section
			 3701.611 of the Revised Code;
			 and
(3) All services
			 will be
			 implemented in accordance with the model-fidelity and
			 quality standards as set forth by the evidence-based or
			 promising-practice home visiting model being used.
(4)
									Utilizing an
			 evidence-based family education curriculum as approved by the Ohio department
			 of health and in accordance with the evidence-based or promising practice home
			 visiting model being implemented, as applicable.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-06 - Quality assurance and monitoring of providers

Current through all regulations passed and filed through July 1, 2024
(A) The department will monitor providers for
			 compliance with the rules in this chapter; the terms of an agreement, or
			 contract entered into by provider, quality assurance standards set forth by the model
			 being implemented, and other applicable program- related federal and state
			 laws.
(B) When the director
			 determines that a home visiting provider is not in compliance with the rules in
			 this chapter, the terms of an agreement or contract entered into by provider or
			 other applicable program-related federal or state laws, the department
			 will
			 notify the provider in writing of the specific findings and the action the
			 department will take. Actions may include, but are not limited to:
(1)
									
									Mandate
			 participation in technical assistance or training;
(2)
									
									Mandate a
			 plan of corrective action setting forth how provider will correct the
			 deficiency;
(3) Withhold future
			 funds or mandate repayment of funds to the department;
			 or
(4) Suspend or terminate
			 provider's agreement or contract.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-07 - Data and maintenance of records

Current through all regulations passed and filed through July 1, 2024
(A) Providers will oversee and
			 ensure:
(1) Data entry, as
			 stipulated
			 by the department, into the statewide data system within ten business
			 days of the activity, except when otherwise specified;
(2) Home visiting supervisors
			 will
			 process progress notes within fifteen business days of submission by the home
			 visitor;
(3) Information entered
			 into the statewide data system is consistent with the information in the
			 program participant's record;
(4)
			 All staff 
									who enter data, or
			 supervise the entry of data into the statewide system, complete all department
			 stipulated trainings;
(5)
									State and model reports regarding
			 data quality, compliance, monitoring, goals and outcomes are
			 completed;
(6) That prior to
			 granting individuals initial access or reactivation of previous access to the
			 statewide data system, individuals have completed and submitted a data system
			 user agreement form approved by the director;
(7) Notification to the department for
			 deactivation of access to the statewide data system upon a user's termination,
			 resignation, or a change in scope of duties that no longer warrants access to
			 the data, within ten business days of activity
			 initiating the deactivation;
(8) That inactive users, or those who have
			 not logged in within sixty days, or those with an expired home visiting
			 credential, have their access terminated;
(9) Adherence to section
			 3701.17 of the Revised Code and
			 other applicable federal and state laws, regulations, and rules with regard to
			 confidentiality and security of personally identifiable information;
(10) That only one record is generated for
			 each home visiting participant
									in accordance
			 with paragraph (B) of this rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-08 - Rights and privacy practices

Current through all regulations passed and filed through July 1, 2024
(A) Program participants have the following
			 rights from the time of program referral throughout participation in home
			 visiting services:
(1) To be informed of
			 rights in the participant's native language, unless clearly not feasible to do
			 so;
(2) To be fully informed of all
			 information relevant to the activity for which written consent is sought before
			 any service begins, to include:
(a) The
			 administration of any assessment or screening tool;
(b) Any disclosure of service, permission,
			 activities, or records to any requesting entity.
(3) To participate or decline to participate
			 in home visiting services at any time and to be informed of how refusal to
			 consent will affect the ability to receive services in the program;
(4) To revoke previously provided consents at
			 any time;
(5) To request to review
			 or receive a copy of the participant's record,
			 including completed family goal plans, at any time during program
			 participation and until six years past the date of receipt of payment and to
			 either review the record or receive a copy of the record within ten days;
(6) To be fully
			 informed of requests for personally identifiable information, to include
			 purpose and time period of request; and to provide authorization,
			 before personally identifiable information would be shared, unless such
			 disclosure is authorized under state and federal law;
(7) To
			 file a complaint with the provider and with the department about program
			 services in accordance with paragraph (B) of this rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-09 - Criteria for reimbursement of home visiting services

Current through all regulations passed and filed through July 1, 2024
(A) Home visiting services
			 will be
			 reimbursed per the terms and rate set forth in the provider agreement. Minutes
			 of service provided to an eligible individual will be aggregated by covered
			 services in accordance with paragraph (B) of this rule, within each day. The
			 number of units of covered services is the total minutes divided by fifteen
			 plus one additional unit if the remaining number of minutes is at least eight
			 minutes, for each covered service.
(B) Provider will accept
			 reimbursement for all reimbursable services as payment in full. Services
			 will be
			 reimbursed when:
(1) The provider is qualified
			 in accordance with rule
			 3701-8-03 of the Administrative
			 Code;
(2) The home visitor
			 delivering the service meets 
									the education and training set forth
			 in rule 3701-8-04 of the Administrative
			 Code;
(3) All
			  data prescribed by the
			 Administrative Code is entered into the statewide data system and approved by
			 the assigned supervisor of the individual delivering the service. The
			 supervisor will serve concurrently as the billing approver to
			 ensure accuracy and quality of services delivered;
(4) The service for which reimbursement is
			 sought is allowable under paragraph (C) of this rule and are clearly identified
			 in the family goal plan or record.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-8 - Help Me Grow Program › Section 3701-8-10 - Central intake and referral system

Current through all regulations passed and filed through July 1, 2024
(A) Central intake and referral system
			 contractors who enter into contracts, subsidy agreements, or who are awarded
			 grant funds by the department will be qualified nonprofit entities as defined by the
			 Ohio department of taxation, or government entities who
			 will:
(1) Complete the 
									specified
			 application or submit a proposal, as applicable, by the due date set forth in
			 the announcement of available funds;
(2) Complete the process to become a vendor
			 with the state of Ohio;
(3) Provide
			 the services in accordance with the terms of the contract, grant or agreement
			 and rules in this chapter, and comply with requests, expectations and
			 regulations of the department.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
								 "Aftercare"
			 means verbal and written guidelines, specific to the body art procedure(s)
			 performed, about caring for the body art and the surrounding area. These
			 guidelines shall include, but not be limited to, information about physical
			 restrictions, wound care, signs and symptoms of infection, and when to seek
			 medical treatment, if necessary.
(B)
								 "Antiseptic
			 solution" means an agent that destroys pathogenic microorganisms on human skin
			 or mucosa.
(C)
								 "Approval" means written approval from the board of
			 health indicating that the body art establishment has been inspected and meets
			 all terms of this chapter.
(D)
								 "Aseptic
			 technique" means a set of specific practices and procedures performed under
			 controlled conditions with the goal of minimizing contamination by
			 pathogens.
(E)
								 "Board of health" means the board of health of a city
			 or general health district or the authority having the duties of a board of
			 health under section 3709.05 of the Revised
			 Code.
(F)
								 "Body art" means the practice of physical body
			 adornment, including tattooing, permanent cosmetics and/or body piercing. This
			 definition does not include practices that are considered medical procedures by
			 the state medical board, performed with medical devices, that include but are
			 not limited to biopsy or dermal punches and scalpels.
(G)
								 "Body artist"
			 means an individual, including an operator, who performs one or more of the
			 following procedures:
(1)
									 Tattooing;
(2)
									 Permanent
			 cosmetics;
(3)
									 Body piercing.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-02 - Board of health approval

Current through all regulations passed and filed through July 1, 2024
(A)
								 In accordance
			 with section 3730.02 of the Revised Code, no
			 person shall operate a business offering body art services without first
			 obtaining approval of the board of health in the jurisdiction in which the
			 business will operate.
(B)
								 No person shall construct, install, provide, equip, or
			 extensively alter a body art establishment until all plans and specifications
			 for the facility layout, equipment and operation have been submitted to and
			 accepted, in writing, by the board of health of the city or general health
			 district in which the business is located. Plans and specifications shall
			 clearly show the applicable provisions of the rules in this chapter can be met
			 and shall include, but not be limited to, the following:
(1)
									 The total area
			 to be used for the business;
(2)
									 Entrances and
			 exits;
(3)
									 Number, location and types of plumbing fixtures,
			 including all water supply facilities;
(4)
									 Lighting
			 plan;
(5)
									 Floor plan, showing the general layout of the fixtures
			 and equipment;
(6)
									 Listing of all equipment to be used, including the
			 manufacturer and model numbers;
(7)
									 Written
			 verification from the zoning authority and building department having
			 jurisdiction that the building has been zoned and approved for the business
			 use;
(8)
									 Written infection prevention and control plan that
			 includes, but is not limited to, the following:
(a)
										 Decontaminating
			 and disinfecting environmental surfaces;
(b)
										 Decontaminating,
			 packaging, sterilizing, and storing reusable equipment and
			 instruments;
(c)
										 Protecting clean instruments and sterile instruments
			 from contamination during storage;
(d)
										 Ensuring that
			 standard precautions and aseptic techniques are utilized during all body art
			 procedures;
(e)
										 Safe handling and disposal of needles;
(f)
										 Aftercare
			 guidelines.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-03 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								
								Each board of health shall utilize
			 the cost methodology specified in rule
			 3701-36-14 of
			 the Administrative Code to calculate fees for providing services specified in
			 section 3730.03 of the Revised Code. The
			 calculated fees shall not exceed the cost of issuing approvals and inspecting
			 body art establishments.
(B)
								 All fees collected
			 by the board of health shall be deposited into the health fund of the district
			 that the board serves. The fees shall be used solely for the purpose of
			 implementing and enforcing sections
			 3730.01 to
			 3730.11 of the Revised Code and
			 the rules of this chapter.
(C)
								 Each fee established by the board of health
			 pursuant to section 3709.09 of the Revised Code
			 shall be specified in accordance with the following categories:
(1)
									 Tattooing services;
(2)
									 Body piercing services;
(3)
									 Combined  body 
									art services;
(4)
									 Time-limited approval for a specific event.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-05 - Additional requirements for tattoo services

Current through all regulations passed and filed through July 1, 2024
In addition to the requirements of rule
				3701-9-04
				of the Administrative Code, the operator shall ensure that the business and all
				persons performing tattooing procedures shall comply with the
				following:
(A)
								 Prior to a procedure, the area of the patron's body to
			 be tattooed, shall be thoroughly cleaned with soap and water, then prepared
			 with an antiseptic solution that is applied with a clean single use gauze
			 square, cotton ball or square, cotton swab or other clean, absorbent,disposable
			 material.
(B)
								 All products applied to the skin, including but not
			 limited to stencils, shall be single use and disposable. Stencils shall be
			 dispensed and applied on the area to be tattooed with a clean paper towel or an
			 applicator in a manner to prevent contamination of the original container and
			 its contents. Petroleum-based products shall not be used in conjunction with
			 latex gloves.
(C)
								 Only commercially manufactured inks, dyes, or pigments
			 that are intended for tattooing shall be used. Powdered dyes shall be liquified
			 as recommended by the manufacturer. Unless approved by the manufacturer, ink,
			 dye or pigment colors shall not be adulterated by the body artist. Single use
			 containers of inks, dyes or pigments shall be used for each patron and the body
			 artist shall discard the container and remaining dye or ink upon completion of
			 procedure. If non-disposable containers are used, they shall be sterilized
			 before reuse. The body artist performing the procedure shall remove excess dye,
			 pigment or ink from the skin with single-use gauze squares, cotton balls or
			 squares, cotton swabs, or other clean, absorbent, disposable
			 material.
(D)
								 The body artist shall wash the completed tattoo with a
			 single use gauze square, cotton ball or square or cotton swab, saturated with
			 an appropriate antiseptic solution approved by the board of health. The
			 tattooed area shall be allowed to dry, after which the body artist shall apply
			 a sterile, non-occlusive, single use dressing secured with non-allergenic tape
			 to the site. Non-medical use paper products including, but not limited to,
			 napkins and tape for dressing shall not be used.
Replaces: 3701-9-05
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-06 - Additional requirements for body piercing services

Current through all regulations passed and filed through July 1, 2024
In addition to the requirements in rule
				3701-9-04
				of the Administrative Code, the operator shall ensure that the business and all
				persons performing body piercing services shall comply with the following
				provisions:
(A)
								 Prior to a procedure, the area of the patron's body to
			 be pierced shall be thoroughly cleaned with soap and water, then prepared with
			 an antiseptic solution that is applied with a clean, absorbent disposable
			 material. In the case of oral piercings, the patron shall be provided with
			 alcohol-free, antiseptic mouthwash in a single use cup and shall ensure that
			 the patron utilizes the mouthwash provided to thoroughly rinse the affected
			 area. In the case of a lip, labret, or cheek piercing, procedures described in
			 this paragraph for both skin and oral piercings shall be
			 followed.
(B)
								 Only sterilized jewelry made of ASTM F136 compliant
			 titanium or ASTM F138 compliant steel, solid fourteen karat or eighteen karat
			 white or yellow gold, niobium, or platinum, shall be placed in a new piercing.
			 Mill certificates for jewelry shall be maintained at the body art
			 establishment.
Replaces: 3701-9-06
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-07 - Ear piercing gun standards

Current through all regulations passed and filed through July 1, 2024
In addition to the requirements in paragraphs
				(M) and
				(N) of rule
				3701-9-04
				of the Administrative Code, the operator shall ensure
				that the business and all persons performing
								 ear
				piercing services with a piercing gun 
				comply with the following :
(A)
			 Individuals providing ear piercing services with an ear piercing gun shall be
			  trained in accordance with the manufacturer's specifications
			 to properly use, clean, disinfect sterilize and
			 store the ear piercing gun, in accordance with the rules of this
			 chapter.
(B) The individual
			 performing the procedure shall wear a clean, new pair of
			  gloves
			  for each
			 piercing performed.
(C) The ear
			 piercing gun shall be cleaned and disinfected between uses on each patron, by
			 utilizing the following :
(1)
									 If the piercing
			 gun, other than that described in paragraph (C)(2) of this rule,
			 utilizes disposable, single-use, sterilized studs to pierce the ear, after each
			 use of the gun, the piercing gun shall be placed in an
			 
									ultrasonic cleaner or scrubbed with an
			 antibacterial detergent and brush to remove any foreign matter; or
(2)
									 If the piercing gun is designed so that all
			 parts of the gun that touch the patron's skin are disposable, such parts shall
			 be removed from the gun and disposed of in an appropriate receptacle;
			 and
(3)
									 Following initial
			 cleaning procedures appropriate for the type of ear piercing gun used, as
			 described in paragraphs (C)(1) and (C)(2)
			  of this rule, the ear piercing
			 gun shall be thoroughly wiped down with an appropriate disinfectant in
			 accordance with directions for use from the manufacturer of the disinfectant;
			 and
(4)
									 In the case of a
			 visible exposure of the gun to blood, the individual performing the service
			 shall immediately:
(a) Place the gun in a
			 rigid, tightly closed container, before returning the gun to the manufacturer,
			 in accordance with instructions provided by the manufacturer; or
(b) Sterilize the gun in accordance with rule
			 3701-9-08
			 of the Administrative Code; or
(c)
			 Discard the gun in accordance with Chapter 3745-27 of the Administrative
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-9 - Body Art (Tattoo and Body Piercing) › Section 3701-9-08 - Sterilization and disinfection procedures for body art services

Current through all regulations passed and filed through July 1, 2024
The operator shall ensure that the
				business and all body artists comply with the following:
(A)
								 All
			 non-disposable instruments or equipment used for body art procedures shall be
			 thoroughly cleaned and sterilized after each use on any patron in the following
			 manner:
(1)
									
			 Soaked in an enzymatic pre-cleaner to remove all gross debris;
(2)
									 Rinsed and
			 patted dry;
(3)
									 Disassembled or placed in the open position, if
			 hinged;
(4)
									 Visually inspected to verify that they are clean and
			 to identify any damage including, but not limited to, bends, cracks or pits,
			 that would impair the sterilization process;
(5)
									 Thoroughly
			 cleaned in tepid water and an appropriate detergent capable of breaking down
			 blood, ink, dyes, pigments and other contaminants;
(6)
									 Fully submerged
			 in a disinfectant to ensure contact with all surfaces for the amount of time
			 specified in the manufacturer's instructions;
(7)
									 Rinsed and
			 patted dry;
(8)
									 Placed in an ultrasonic cleaning unit filled with an
			 appropriate solution specified in the manufacturer's
			 instructions.
(9)
									 Rinsed and air dried;
(10)
									 Individually
			 packed in sterilization pouches. Each pouch or its indicator shall be labeled
			 with the date of processing;
(11)
									 Sterilized in a
			 steam sterilizer.
All ultrasonic cleaning units, and
				steam sterilizers shall be used, cleaned and maintained in accordance with the
				manufacturer's current instructions. The sterilizer shall be maintained in
				proper working condition and records of any maintenance performed shall be kept
				for at least two years.
Alternate sterilizing procedures may be
				used when specifically approved by the board of health.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-10 - Breast and Cervical Cancer Project Cost Sharing › Section 3701-10-01 - Breast and cervical cancer project cost sharing

Current through all regulations passed and filed through July 1, 2024
Women covered by health insurance must
				meet all applicable eligibility requirements outlined in section
				3701.144 of the Revised
				Code.
(A)
								Any woman eligible for BCCP services who is covered by
			 health insurance that imposes cost sharing, as defined in section
			 3923.85 of the Revised Code, of
			 more than zero dollars for services covered by the BCCP program will be
			 eligible for services.
(B)
								The BCCP-eligible woman must provide documentation of
			 cost sharing which may include the following:
(1)
									An active
			 insurance card specifying cost sharing limits such as
			 copayments
(2)
									Documentation regarding health benefits specifying cost
			 sharing which exceeds the amount set forth in paragraph (A) of this
			 rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 3701-12 of the Administrative Code:
(A) "Actual harm, but not immediate jeopardy
			 deficiency" means a deficiency that, under
			 42 C.F.R.
			 488.404
								(2011),
			 either constitutes a pattern of deficiencies resulting in actual harm that is
			 not immediate jeopardy or represents widespread deficiencies resulting in
			 actual harm that is not immediate jeopardy.
(B) Except as otherwise provided in sections
			 3702.51 to
			 3702.62 of the Revised Code,
			 "affected person" means:
(1) An applicant for
			 a certificate of need, including an applicant whose application was reviewed
			 comparatively with the application in question;
(2) Any person that resides or regularly uses
			 long-term care facilities within the geographic area served or to be served by
			 the long-term care services that would be provided under the certificate of
			 need or reviewability ruling in question;
(3) Any long-term care facility that is
			 located in the service area where the long-term care services would be provided
			 under the certificate of need or reviewability ruling in question;
(4) The person that requested the
			 reviewability ruling in question; or
(5) Third-party payers that reimburse
			 long-term care facilities for services in the service area where the long-term
			 care services would be provided under the certificate of need or reviewability
			 ruling in question.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-04 - Reviewability determinations; appeals

Current through all regulations passed and filed through July 1, 2024
(A) The director shall issue a ruling on
			 whether a particular proposed project is a reviewable activity (reviewability
			 determination). The director may request additional information necessary to
			 determine whether the activity is a reviewable activity as described in rule
			 3701-12-05
			 of the Administrative Code. Requests for an expedited reviewability
			 determination shall expressly state that an expedited reviewability
			 determination is requested. If a request for a reviewability determination does
			 not expressly state that an expedited reviewability determination is being
			 requested, the director shall consider the request to be for a standard
			 reviewability determination.
(B)
			 The director shall issue a ruling within specified timeframes as follows:
(1) For a standard reviewability
			 determination, the ruling shall be issued not later than forty-five days after
			 receiving a request for the ruling that is accompanied by all of the
			 information necessary to make the ruling; or
(2) For an expedited reviewability
			 determination, the ruling shall be issued not later than thirty days after
			 receiving a request for the ruling that is accompanied by all of the
			 information necessary to make the ruling.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-05 - Scope of review: reviewable activities

Current through all regulations passed and filed through July 1, 2024
(A) The following activities are reviewable
			 activities which shall not be conducted without a valid certificate of need.
(1) The establishment, development, or
			 construction of a new long-term care facility.
(2) The replacement of an existing long-term
			 care facility.
(3) The 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) Either of
			 the following:
(a) An increase in long-term
			 care bed capacity; or
(b) A
			 relocation of long-term care beds from one physical facility or site to
			 another, excluding the relocation of long-term care beds within a longterm care
			 facility or among buildings of a long-term care facility at the same
			 site.
(5) The
			 expenditure of more than one hundred ten per cent of the maximum expenditure
			 specified in a certificate of need concerning long-term care beds.
(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 during the period from the approval of the application until five years
			 after implementation of the reviewable activity for which the certificate was
			 granted.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-08 - Certificate of need application and completeness process; public notice; certificate of need review; certificate of need expedited review; and decision process; appeals

Current through all regulations passed and filed through July 1, 2024
(A) Except for applications for certificate
			 of need under section
			 3702.593
			 of the Revised Code, any application to conduct a reviewable activity as
			 defined in rule
			 3701-12-05
			 of the Administrative Code, shall be subject to this rule.
(B) Applications for certificate of need that
			 propose an increase in beds that is attributable to a relocation of existing
			 beds from a long-term care facility as defined in division (A) of
			 section
			 3702.594
			 of the Revised Code to another long-term care facility
			 located within a county that is contiguous to the county from which the beds
			 are to be relocated may be submitted at any time and must meet the requirements
			 set forth in paragraph (B) of rule
			 3701-12-23
			 of the Administrative Code.
(C)
			 Applications for certificate of need that propose the conversion of infirmary
			 beds to long-term care beds may be submitted at any time and must meet the
			 requirements set forth in division (C) of section
			 3702.59 of the Revised
			 Code.
(D) Each applicant shall
			 submit an original of the application form and necessary attachments in a
			 manner prescribed by the director and shall include, but not be limited to, the
			 following:
(1) Name of the proposed or
			 existing long-term care facility;
(2) Operator of the proposed or existing
			 long-term care facility;
(3) A
			 timetable for implementing the project;
(4) Identification of a specific site for the
			 project designated by a street address or, if there is no street address, a
			 plot or parcel number;
(5) A designated authorized representative who shall
			 sign an affidavit that, to the best of his or her knowledge, the information in
			 the application and any accompanying material is true and accurate;
			 and
(6) In the case of an application for expedited
			 review, a letter expressly stating that the applicant requests an expedited
			 review of the certificate of need application.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-09 - Certificate of need application and completeness process for applications filed under section 3702.593 of the Revised Code; comparative review; review and decision process; appeals

Current through all regulations passed and filed through July 1, 2024
(A) Applications for certificate of need
			 filed under section
			 3702.593
			 of the Revised Code to conduct a reviewable activity as defined by rule
			 3701-12-05
			 of the Administrative Code shall be subject to this rule.
(B) At the times specified in this rule, the
			 director shall accept certificate of need applications for any of the following
			 purposes if the proposed increase in beds is attributable solely to relocation
			 of existing beds from an existing long-term care facility in a county with
			 excess beds to a long-term care facility in a county in which there are fewer
			 long-term care beds than the county's bed need:
(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 (1981), 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 (1981); or
(3) An increase of hospital beds registered
			 pursuant to section
			 3701.07
			 of the Revised Code as long-term care beds.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-10 - Replacement certificate of need

Current through all regulations passed and filed through July 1, 2024
(A) The director of health shall accept an
			 application for a replacement certificate of need when the application is
			 submitted following approval and within five years after implementation of the
			 reviewable activity for which the certificate of need was granted
								if the applicant
			 requests the replacement certificate of need so that a reviewable activity for
			 which the certificate of need was granted can be implemented in a manner that
			 is not in substantial accordance with the approved certificate of need.
(B)
								The director shall not accept an application for a
			 replacement certificate of need 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)
								The director
			 shall review and approve or deny the application for the replacement
			 certificate of need in the same manner as the application for the approved
			 certificate of need.
(D) To replace an
			 approved certificate of need all of the following conditions must be met:
(1) The applicant for the replacement
			 certificate of need must be the same as the applicant for the approved
			 certificate of need or an affiliated or related person as defined in rule
			 3701-12-01 of the
			 Administrative Code;
(2) The source
			 of any long-term care beds to be relocated must be the same as in the approved
			 certificate of need; and
(3) The
			 application for the approved certificate of need must not have been subject to
			 comparative review under section
			 3702.593 of the Revised
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-11 - Opportunity to submit written comments during the course of a certificate of need review

Current through all regulations passed and filed through July 1, 2024
(A) Any affected person may submit written
			 comments regarding an application for a certificate of need.
(1) Such comments must be received by the
			 following deadlines:
(a) For applications
			 under a standard review, by the forty-fifth day after the application is
			 accepted for processing by the director; or
(b) For an application for which an expedited
			 review was requested in accordance with paragraph (D)(6) of rule
			 3701-12-08
			 of the Administrative Code, by the twenty-first day after the application is
			 accepted for processing by the director.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-12 - Certificate of need revised applications

Current through all regulations passed and filed through July 1, 2024
(A)
								 An applicant who
			 has an application for a certificate of need pending with the director may
			 revise the application to change the site of the proposed project unless either
			 of the following applies:
(1)
									 The director has mailed the applicant a notice of
			 completeness under section
			 3702.52 of the Revised Code;
			 or
(2)
									 The application is subject to comparative review under
			 section 3702.593 of the Revised
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-18 - Validity requirements, follow-up and withdrawal of certificates of need

Current through all regulations passed and filed through July 1, 2024
(A) For the
			 purposes of this rule, "holder" means the applicant to whom a certificate of
			 need was granted. In addition to compliance with validity requirements
			 established by any other rule of this chapter, to maintain the validity of a
			 certificate of need, the holder shall:
(1)
			 Obligate the capital expenditure, within the meaning of paragraph (A)(1)(a) of
			 this rule, within twenty-four months after the date of mailing of the notice
			 that the certificate was granted or, if the grant or denial of the certificate
			 is appealed under section
			 3702.60 of the Revised
			 Code, within twenty-four months after the issuance of an order granting the
			 certificate, which order is not subject to further appeal.
(a) For the purpose of this rule, "to
			 obligate" means:
(i) For a project that
			 primarily involves construction and is to be financed through external
			 borrowing of funds, to secure financial commitment for the stated purpose of
			 developing the project and commence construction that continues uninterrupted
			 except for interruptions or delays that are unavoidable due to reason's beyond
			 the person's control, including labor strikes, natural disasters, material
			 shortages, or comparable events.
(ii) For a project that primarily involves
			 construction and is to be financed internally, to receive formal approval from
			 the holder's board of directors or trustees, or other governing authority to
			 commit specified funds for the implementation of the project and commence
			 construction that continues uninterrupted except for unavoidable interruptions
			 or delay due to reason's beyond the person's control, including labor strikes,
			 natural disasters, material shortages, or comparable events
(iii) For a project that involves no capital
			 expenditure or only minor renovations to existing structures, to provide the
			 long-term care service by the means specified in the approved application for
			 the certificate.
(iv) For a project
			 that primarily involves leasing a building or space that requires only minor
			 renovations to the existing space, to execute a lease and provide the long-term
			 care service by the means specified in the approved application for the
			 certificate.
(v) For a project that
			 primarily involves leasing a building or space that has not been constructed or
			 requires substantial renovations to existing space, to commence construction
			 for the purpose of implementing the reviewable activity that continues
			 uninterrupted except for interruptions or delays that are unavoidable due to
			 reasons beyond the person's control, including labor strikes, natural
			 disasters, material shortages, or comparable events.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-19 - Monitoring of activities determined to not be reviewable activities

Current through all regulations passed and filed through July 1, 2024
(A) The director
			 shall monitor the implementation of an activity which the director has
			 determined to not be a reviewable activity under rule
			 3701-12-04
			 of the Administrative Code, if the director determines that the activity
			 requires monitoring under paragraph (B) of this rule. The director shall
			 monitor the activity to determine whether it is implemented in the manner
			 described in the request for the ruling and whether it still is not a
			 reviewable activity.
(B) The
			 director may determine that an activity requires monitoring under this rule at
			 the time that the activity is determined to not be a reviewable activity or at
			 any subsequent time. The director shall commence monitoring when the director
			 determines that one or more of the factors specified in this paragraph are
			 applicable. The director may consider the following factors in determining
			 which activities require monitoring under this rule:
(1) Whether the determination that the
			 activity was not a reviewable activity was based upon representations that
			 certain services would or would not be provided as a result of the
			 activity;
(2) Whether the
			 determination that the activity was not a reviewable activity was based upon
			 representations that the activity would be conducted through a particular
			 organizational structure or by a certain type of facility such as
			  a county home;
(3) Whether the determination that the
			 activity was not a reviewable activity was based upon certain configurations,
			 types, or uses of physical space or the request lacked specificity concerning
			 the configuration, type, or use of physical space;
(4) Whether the activity involved exclusion
			 of items listed in division (B) of section 
										3702.511
									 of the Revised
			 Code from a construction or renovation project that otherwise would have been
			 reviewable;
(5) The director has
			 reason to believe that the activity is being implemented differently from the
			 representations made in the request for the reviewability ruling or in a manner
			 that may make the activity a reviewable activity;
(6) Whether the activity is a reviewable
			 activity if any of the conditions specified under division (B) of section
			 3702.511 of the Revised Code
			 were not been met.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-20 - General certificate of need review criteria

Current through all regulations passed and filed through July 1, 2024
(A) The director shall apply each of the
			 criteria prescribed in this rule, as applicable, when reviewing an application
			 for a certificate of need, in addition to any criteria specific to the
			 application that are established by this chapter of the Administrative Code and
			 sections 3702.51 to
			 3702.62 of the Revised Code. An
			 applicant for a certificate of need shall provide sufficient information to
			 enable the director to perform a thorough review of the application in relation
			 to each relevant criterion established by this chapter of the Administrative
			 Code by completely responding to each applicable portion of the application
			 form and attachments prescribed by the director and by attaching the necessary
			 supporting documentation.
(B) For
			 projects involving any construction, renovation or remodeling, the director
			 shall consider:
(1) The costs, methods and
			 type of construction including energy conservation features, if
			 applicable;
(2) The current and
			 projected zoning status of the project site, if applicable; and
(3) Space allocations and the configuration
			 of existing and proposed areas.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-23 - Long-term care facilities and beds and bed review criteria; state and county bed need

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise specifically provided
			 in this rule or in another rule of this chapter, the director shall apply all
			 of the criteria prescribed by this rule when reviewing an application for a
			 certificate of need that relates to an existing or proposed long-term care
			 facility, including an application for:
(1)
			 The establishment, development, or construction of a new long-term care
			 facility;
(2) The replacement of an
			 existing long-term care facility.
(3) The 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) The expenditure of more than one hundred
			 ten per cent of the maximum expenditure specified in a certificate of need
			 concerning long-term care beds.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-23.2 - Replacement of long-term care facilities and relocation of long-term care beds

Current through all regulations passed and filed through July 1, 2024
(A) In addition to review under other
			 applicable provisions of the Administrative Code, the director shall not
			 approve an application for a certificate of need to replace an existing
			 long-term care facility or to relocate existing long-term care beds from one
			 site to another unless the application meets all of the criteria prescribed by
			 this rule.
(B) Applications
			 submitted for a certificate of need to replace an existing long-term care
			 facility or to relocate existing long-term care beds from one site to another
			 must meet the following criteria:
(1) The
			 applicant or the person proposed to own or operate the facility must have the
			 legal authority to operate the long-term care beds that are subject to the
			 certificate of need; or
(2) The
			 applicant or the person proposed to own or operate the facility must have
			 entered into a contract to obtain the legal authority to operate the beds that
			 are subject to the certificate of need.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-12 - Certificate of Need › Section 3701-12-24 - Monitoring of hospital beds recategorized as skilled nursing beds

Current through all regulations passed and filed through July 1, 2024
(A) In order to
			 assist the director in monitoring any approved projects for hospital beds
			 recategorized as skilled nursing beds, in accordance with section
			 3702.521 of the Revised Code
			 each hospital for which a certificate of need for skilled nursing beds was
			 granted shall report the information prescribed by this paragraph in a manner
			 prescribed by the director. The hospital shall submit the information no later
			 than the last day of January, April, July and October of each year. The
			 information reported shall cover the calendar quarter most recently ended. The
			 information submitted shall include, but not be limited to:
(1) Number of skilled nursing beds;
(2) The average occupancy rate of the
			 unit;
(3) The average length of
			 stay for patients in the skilled nursing bed unit;
(4) The number of patients whose length of
			 stay in the skilled nursing beds exceeded thirty days and the reasons why each
			 such patient's length of stay exceeded thirty days;
(5) The number of patients discharged from
			 the skilled nursing beds to each of the following:
(a) Home;
(b) Home with home health agency;
(c) Nursing facility for skilled nursing
			 care;
(d) Nursing facility for
			 intermediate care;
(e) Hospital for
			 acute care; or
(f) Other.
(6) A written attestation that the
			 skilled nursing beds have not billed or received reimbursement under Title XIX
			 of the "Social Security Act," 49 Stat. 286 (1965),
			 42 U.S.C.
			 1396 as amended (the medicaid
			 program).