reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-05 - Long-term care consumer guide: display of comparative information following the execution of a search query

Current through all regulations passed and filed through July 1, 2024
(A) Following a search query for long-term
			 care providers, the guide shall present a list of all providers that meet the
			 requirements specified in the search.
(B) For each provider listed, the guide shall
			 present all comparative measures, electronic links to definitions and
			 descriptions of the measures, and further detailed information about the
			 measures, to the extent the information is available to ODA. For each provider,
			 the guide shall include the following information:
(1) The aggregate responses made by a
			 facility's residents/consumers or their family members to all measures of
			 customer satisfaction.
(2) In the
			 case of nursing facilities, the quality measures described in rule
			 173-45-07
			 of the Administrative Code or an electronic link to the CMS website where the
			 guide's viewers may access the quality measures.
(3) The date of the facility's most recent
			 ODH survey, if applicable.
(4) The
			 survey data provided pursuant to rule
			 173-45-08
			 of the Administrative Code.
(5) An
			 electronic link for each provider on the list allowing the public to gain
			 access to information on the provider maintained in accordance with rule
			 173-45-06 of the
			 Administrative Code.
(6) Other
			 comparative measures derived from data specified in 
									this chapter.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-06 - Long-term care consumer guide: facility page

Current through all regulations passed and filed through July 1, 2024
(A) Facility page content: The guide includes
			 an individual facility page for each facility that presents the following
			 specific comparative information, if available:
(1) The facility's name; the facility's
			 telephone number, mailing address, county in which the facility is located,
			 email address, website address, photograph of the facility, and electronic link
			 to a mapping feature that allows an individual to pinpoint the facility's
			 location.
(2) The name of the
			 facility's owner and operator (if different from the owner), and the telephone
			 number and mailing address of the facility's owner and operator (if different
			 from the owner).
(3) If a nursing
			 facility, the facility's certification status regarding medicare and
			 medicaid.
(4) The number of beds in
			 the facility; the number of single-occupancy and multiple-occupancy rooms in
			 the facility; and, if a nursing facility, the number of beds in the facility
			 that are certified for medicare or medicaid.
(5) A checklist describing the services
			 available through the facility, as provided in rule 173-45-06.1 of the
			 Administrative Code.
(6) The
			 sources of payment the facility accepts and is eligible to receive.
(7) Any religious or fraternal
			 affiliation.
(8) The facility's
			 policies with regard to smoking, alcohol, pets, do not resuscitate orders, and
			 advanced directives regarding nutrition, hydration, and life-sustaining
			 care.
(9) Specific information
			 concerning staffing at the facility, as described in rule 173-45-06.2 of the
			 Administrative Code.
(10) The
			 facility's private pay rate with a link to facility-provided information that
			 describes what that rate includes.
(11) The facility's occupancy rate with a
			 link to facility-provided information describing specific bed
			 availability.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-06.2 - Long-term care consumer guide: facility staffing information

Current through all regulations passed and filed through July 1, 2024
(A) Nursing
			 facilities: The facility page shall do the following for each nursing facility
			 that provides the relevant information to ODA:
(1) The facility page shall identify the
			 medical director, the licensed nursing home administrator, and the director of
			 nursing; and a narrative description of their qualifications. The narrative
			 field shall include, at a minimum, all of the following information about the
			 medical director, the licensed nursing home administrator, and the director of
			 nursing:
(a) Title (i.e., "medical director,"
			 "licensed nursing home administrator," or "director of nursing").
(b) Name.
(c) Educational degrees.
(d) Board certifications or other
			 professional affiliations.
(e)
			 Years employed in the long-term care field.
(f) Years employed by the facility.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-07 - Long-term care consumer guide: quality measures for nursing facilities

Current through all regulations passed and filed through July 1, 2024
For each nursing facility for which data is available, ODA
				shall include in the guide the nursing facility's scores on each quality
				measure, as calculated by CMS, and the statewide average score on each quality
				measure, as calculated by CMS; or, ODA shall present an electronic link where
				the guide's users may access the quality measures.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-08 - Long-term care consumer guide: regulatory survey data

Current through all regulations passed and filed through July 1, 2024
(A) Data to incorporate: ODA shall
			 incorporate data derived from ODH's most recent survey of each facility in Ohio
			 into the guide to allow the public to compare a facility to other facilities
			 and to the statewide average. In doing so, ODA shall incorporate the following
			 data into the guide:
(1) The date of the
			 facility's most recent survey.
(2)
			 Any non-compliance with regulatory requirements related to a facility's
			 provision of care and services that ODH cites on all surveys at least ten or
			 more times in the previous calendar year.
(3) The number of the survey data tags ODH
			 cited in the facility's most recent survey.
(4) The statewide average number of survey
			 data tags ODH cited on a survey.
(5) The percentage of regulatory requirements
			 each facility meets.
(6) The
			 statewide average percentage of the survey data tags for which all facilities
			 were found to be in compliance during the most recent surveys.
(7) The date each nursing facility achieved
			 substantial compliance with medicare and medicaid certification
			 requirements.
(8) A notation if ODH
			 determined, at any time during the previous eighteen months, that a nursing
			 facility provided substandard care to its residents.
(9) A notation if ODH determined, at any time
			 during the previous eighteen months, that the care provided by a nursing
			 facility placed its residents in immediate jeopardy or the care provided by the
			 residential care facility placed its residents in real or present
			 danger.
(10) The date ownership or
			 management of the facility changed, if at all, since ODH's last survey of the
			 facility.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-09 - Long-term care consumer guide: fees, invoices, and penalties

Current through all regulations passed and filed through July 1, 2024
(A) Fees: For the
			 operation of the guide, ODA shall collect the following annual consumer guide
			 fees from facilities:
(1) From nursing
			 facilities, ODA shall collect six hundred fifty dollars.
(2) From residential care facilities, ODA
			 shall collect three hundred fifty dollars.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-45 - Long Term Care Consumer Guide › Section 173-45-10 - Long-term care consumer guide: consumer

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1) "Consumer satisfaction survey" means the
			 customer satisfaction survey under section
			 173.47 of the Revised
			 Code.
(2) "Domain" means a subset
			 of a survey question identified by the survey administrator as an area of
			 interest to long-term care facility consumers.
(3) "Survey administrator" means a designee
			 of ODA responsible for implementing a consumer satisfaction survey.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-50 - PACE Program › Section 173-50-01 - PACE: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: 
								This chapter regulates PACE, which is a
			 managed-care program that provides its participants with all of their necessary
			 health care, medical care, and ancillary services in acute, sub-acute,
			 institutional, and community settings. Examples of PACE services are primary
			 and specialty care, an adult day
			 
								service, personal care , inpatient hospital stays, prescription
			 drugs, occupational therapy, physical therapy, and nursing facility
			 care.
(B) Definitions for this
			 chapter:
"Authorized representative" has the same meaning as in rule
				5160-36-01 of the Administrative
				Code.
"CMS" means "the centers for medicare and medicaid
				services."
"IDT" means "inter-disciplinary team."
"ODA" means "the Ohio department of aging."
"ODA's designee" has the same meaning
				as in rule
				173-39-01 of the Administrative
				Code.
"ODM" means "the Ohio department of medicaid."
"ODM's administrative agency" has the same meaning as
				"administrative agency" in rule
				5160:1-1-01 of the
				Administrative Code.
"PACE" means "the program of all-inclusive care for the
				elderly," which 
									was established 
									under
				42 U.S.C.
				1396u-4 (August 5, 1997).
"PACE organization" means an entity that provides services to
				participants under a PACE program agreement with CMS and ODA.
"Participant" means a person who receives services through
				PACE.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-50 - PACE Program › Section 173-50-02 - PACE: eligibility requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								A person is
			 eligible for PACE only if the person meets all the following
			 requirements:
(1)
									The person is at least fifty-five years of
			 age.
(2)
									The person resides within a PACE organization's service
			 area.
(3)
									The person has an intermediate or skilled level of care
			 in accordance with rule
			 5160-3-08
			 of the Administrative Code.
(4)
									ODA or its
			 designee determine the person can live in a community setting without
			 jeopardizing his or her health and safety.
(5)
									The person, who
			 may be enrolled as a medicaid or a non-medicaid enrollee, is responsible for
			 payment to the PACE organization as follows:
(a)
										If a person is
			 applying for, or enrolled in, PACE through the medicaid program, the person
			 maintains medicaid eligibility either under the financial eligibility standard
			 or under a needs allowance if the person has moved from an institutional
			 setting to a non-institutional setting, or pays the premiums and any
			 post-eligibility treatment of income (i.e., patient liability or share of cost)
			 ODM may require in rule 5160:1-6-07.1 of the Administrative
			 Code.
(b)
										If a person is applying for, or enrolled in, PACE as a
			 non-medicaid enrollee, the person may remain eligible for PACE if the person
			 pays the premiums and incurred while using PACE. (For more information, see
			 rule
			 173-50-05
			 of the Administrative Code and
			 42 C.F.R.
			 460.150 and
			 460.160.)
(6)
									The
			 person agrees to obtain medicaid services, if any, or medicare services, if
			 any, only through the PACE organization during the period of enrollment in
			 PACE.
(7)
									At the time of initial enrollment, the person meets the
			 following;
(a)
										The person is not enrolled in one or more of the following
			 (or will discontinue being enrolled in one or more of the following upon
			 enrollment in PACE):
(i)
											A medicaid managed-care program other than
			 PACE.
(ii)
											A hospice program.
(iii)
											The primary
			 alternative care and treatment (PACT) program.
(iv)
											A medicaid
			 waiver program (e.g., PASSPORT or assisted living).
(v)
											The residential
			 state supplement (RSS) program.
(vi)
											A nursing
			 facility certified by medicaid while medicaid is covering the person's nursing
			 facility expenses.
(b)
										The person
			 resides in a non-institutional setting (e.g., house,
			 apartment).
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-50 - PACE Program › Section 173-50-03 - PACE: application, assessment, enrollment, plan of care, reassessment, and continued enrollment

Current through all regulations passed and filed through July 1, 2024
(A)
								Oversight:
(1)
									ODA manages the
			 enrollment for PACE.
(2)
									ODA determines if a slot is available in
			 PACE.
(3)
									ODA may restrict enrollment based upon funding for
			 PACE.
(4)
									ODA may increase or decrease the maximum number of PACE
			 slots.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-50 - PACE Program › Section 173-50-04 - PACE: voluntary disenrollment

Current through all regulations passed and filed through July 1, 2024
(A)
								A participant may
			 voluntarily disenroll from PACE at any time without cause.
(B)
								The PACE
			 organization shall ensure its employees or contractors do not engage in any
			 practice that would reasonably be expected to have the effect of steering or
			 encouraging disenrollment of participants due to a change in health
			 status.
(C)
								Process for voluntary disenrollment:
(1)
									A participant who
			 wishes to voluntarily disenroll from PACE shall initiate the voluntary
			 disenrollment process by informing the PACE organization verbally,
			 electronically, or in writing.
(2)
									Once the PACE
			 organization receives the participant's request, the PACE organization shall
			 notify ODA in writing.
(3)
									A participant's voluntary disenrollment is effective on
			 the first day of the month after the date the PACE organization receives the
			 participant's notice of voluntary disenrollment.
(4)
									After receiving a
			 written notice of disenrollment from the PACE organization, ODA shall enter the
			 disenrollment in the ODA- and ODM-approved eligibility systems.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-50 - PACE Program › Section 173-50-05 - PACE: involuntary disenrollment

Current through all regulations passed and filed through July 1, 2024
(A)
								A participant is
			 subject to involuntary disenrollment from PACE for an reason outlined in
			 42 C.F.R.
			 460.164(b).
(B)
								Process to
			 involuntarily disenroll a PACE participant:
(1)
									If a PACE
			 organization requests permission to disenroll a participant under this rule, it
			 shall submit the request to ODA along with documentation reflecting grounds for
			 involuntary disenrollment and the PACE organization's efforts to remedy the
			 situation.
(2)
									ODA shall approve or deny the request based upon the
			 requirements in paragraph (A) of this rule and notify the PACE organization of
			 the decision.
(3)
									If ODA does not approve the request, the PACE
			 organization shall continue to provide necessary services to the
			 participant.
(4)
									If ODA approves the request, the PACE organization is
			 subject to the involuntary disenrollment process in
			 42 C.F.R.
			 460.164,
			 460.166, and
			 460.172.
(5)
									A participant's
			 involuntary disenrollment is effective on the first day of the next month that
			 begins thirty days after the day the PACE organization sends notice of the
			 disenrollment to the participant.
(6)
									After ODA
			 approves an involuntary disenrollment, ODA sends the participant a notice of
			 denial and hearing rights under division 5101:6 of the Administrative
			 Code.
(a)
										If the
			 participant requests a hearing within fifteen days after ODA approves the
			 involuntary disenrollment, ODA places the disenrollment on hold until a state
			 hearing has been conducted.
(b)
										If the decision
			 of the state hearing is that ODA made a correct decision to disenroll, then ODA
			 enters the decision into the ODA- and ODM- approved eligibility
			 systems.
(c)
										If the decision of the state hearing is that ODA made
			 an incorrect decision to disenroll, the participant remains enrolled in
			 PACE.
Replaces: 173-50-05
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-51 - State-Funded Assisted Living Program › Section 173-51-01 - Assisted living program (state-funded component): introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: This chapter regulates the
			 state-funded component of the assisted living program created under section
			 173.543 of the Revised Code.
			 (See Chapter 173-38 of the Administrative Code for rules on the medicaid-funded
			 component of the assisted living program.)
(B) Definitions for this chapter:
"Assisted living program" (program) means the state-funded
				component of the assisted living program. 
									This component temporarily
				
									provides eligible individuals with the assisted living
				service under rule
				173-39-02.16 of the
				Administrative Code, and in some cases, community transition under rule
				173-39-02.17 of the
				Administrative Code.
"Authorized representative" has the same meaning as in rule
				5160-1-33 of the Administrative
				Code.
"Nursing facility" has the same meaning as in section
				5165.01 of the Revised
				Code.
"ODA" means the Ohio department of aging.
"ODA's designee" has the same meaning as in rule
				173-39-01 of the Administrative
				Code.
"ODM" means the Ohio department of medicaid.
"ODM's administrative agency" has the same meaning as
				"administrative agency" in rule
				5160:1-1-01 of the
				Administrative Code.
"Person-centered services plan" means the outline of services
				that a case manager authorizes a provider to provide to an individual,
				regardless of the funding source for those services. It includes the
				person-centered planning in rule
				5160-44-02 of the Administrative
				Code.
"Residential care facility" (RCF) has the same meaning as in
				section 3721.01 of the Revised
				Code.
"Unique identifier" means an item
				belonging to a specific individual or caregiver which identifies only the
				individual or caregiver and which the individual or caregiver offers as an
				attestation to enrolling into the state-funded component of the assisted living
				program and agreeing to the requirements of that program. Examples of a unique
				identifier are a handwritten or electronic signature or initials, fingerprint,
				mark, stamp, password, barcode, or swipe card.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-51 - State-Funded Assisted Living Program › Section 173-51-03 - Assisted living program (state-funded component): disenrollment and other adverse actions

Current through all regulations passed and filed through July 1, 2024
(A) Disenrollment: ODA or its designee shall
			 disenroll an individual enrolled in the state-funded component of the assisted
			 living program under any one or more of the following situations:
(1) The individual no longer meets all
			 requirements under rule
			 173-51-02 of the Administrative
			 Code, unless the only requirement the individual no longer meets is the PETI
			 requirement listed in paragraph (A)(5) of that rule, during a state of
			 emergency declared by the governor, or during a federal public health emergency
			 if federal financial participation pays for all of the individual's
			 services.
(2) ODM's administrative
			 agency determined the individual meets all medicaid financial eligibility
			 requirements under rules
			 5160:1-2-03 and
			 5160:1-2-10 of the
			 Administrative Code. (If an individual meets all requirements for the
			 medicaid-funded component of the assisted living program, the individual would
			 be enrolled into the medicaid-funded component of the program and no longer
			 remain in the state-funded component.)
(3) ODM's administrative agency determined
			 the individual does not meet all financial eligibility requirements under rules
			 5160:1-2-03 and
			 5160:1-2-10 of the
			 Administrative Code.
(4) The
			 individual has been enrolled in the state-funded component of the assisted
			 living program for the maximum enrollment period of ninety days, unless ODA's
			 director approved an extended number of days.
(5) The individual voluntarily disenrolls
			 from the state-funded component of the assisted living program before reaching
			 the maximum enrollment period of ninety days, unless ODA's director approved an
			 extended number of days.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-51 - State-Funded Assisted Living Program › Section 173-51-04 - Assisted living program (state-funded): provider requirements

Current through all regulations passed and filed through July 1, 2024
The state-funded component of the
				assisted living program may pay a provider for providing a service covered
				under rule
				173-51-05 of the Administrative
				Code only if the provider is certified to provide the service under Chapter
				173-39 of the Administrative Code
				and under section 173.39 of the Revised
				Code.
Replaces: 173-51-04
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-51 - State-Funded Assisted Living Program › Section 173-51-05 - Assisted living program (state-funded): covered services

Current through all regulations passed and filed through July 1, 2024
An individual's person-centered
								
								services plan may  authorize 
								only the following two
				services:
(A)
								
								Assisted living service under rule
			 173-39-02.16 of the
			 Administrative Code.
(B)
								
								Community transition  under rule
			 173-39-02.17 of the
			 Administrative Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-60 - Long-Term Care Quality Initiative › Section 173-60-01 - Nursing home quality initiative: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								Introduction: Division (B) of section
			 3721.072 of the Revised Code
			 requires every nursing home to participate in a quality improvement project at
			 least once every two years. Pursuant to section
			 173.60 of the Revised Code, ODA
			 adopted this chapter to establish the requirements for becoming an ODA-approved
			 quality improvement project, the approval and rescission process for quality
			 improvement projects, and the publication of quality improvement projects on
			 the "Nursing Home Quality Initiative" website (
https://aging.ohio.gov/nursinghomequalityimprovement
).
(B)
								Definitions for this chapter:
"Nursing home" has the same meaning as
				in section 3721.01 of the Revised
				Code.
"ODA" means the department of
				aging.
"ODH" means the department of
				health.
Replaces: 173-60-01
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-60 - Long-Term Care Quality Initiative › Section 173-60-02 - Nursing home quality initiative: requirements for approval

Current through all regulations passed and filed through July 1, 2024
To 
								receive ODA approval, a quality
				improvement  project shall
				meet the following 
								requirements:
(A) The project shall improve the quality of
			 a nursing home.
(B) The project
			 shall have elements that include a plan, action aimed at improving quality,
			 evaluation of the action, and new action resulting from the
			 evaluation.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-60 - Long-Term Care Quality Initiative › Section 173-60-03 - Nursing home quality initiative: approval and rescission processes for quality improvement projects

Current through all regulations passed and filed through July 1, 2024
(A)
								Approval:
(1)
									An entity that
			 sponsors a quality improvement project may apply for ODA's approval of its
			 project by completing the application found by following the "submit your
			 proposal here" link on the "Nursing Home Quality Initiative" website
			 (
https://aging.ohio.gov/nursinghomequalityimprovement
).
(2)
									ODA shall deny a proposed project if the entity in
			 paragraph (A)(1) of this rule does not submit a complete
			 application.
(3)
									ODA, in consultation with the state long-term care
			 ombudsman, shall review a proposed project, then decide whether to approve or
			 deny the project.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-60 - Long-Term Care Quality Initiative › Section 173-60-04 - Nursing home quality initiative: online publication of approved quality improvement projects

Current through all regulations passed and filed through July 1, 2024
On the "Nursing Home Quality
				Initiative" website, ODA shall list the following:
(A)
								Each approved
			 quality improvement project.
(B)
								A description of
			 the evidence that participating nursing homes shall produce for ODH surveyors
			 to demonstrate the nursing home's compliance with section
			 3721.072 of the Revised
			 Code.
Replaces: 173-60-04
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-1 - General Provisions › Section 175-1-01 - Notice procedure

Current through all regulations passed and filed through July 1, 2024
The procedure of the agency for giving public notice for the
				adoption, amendment or rescission of the rules under Chapter 119. of the
				Revised Code shall be as follows:
(A)
			 The agency shall cause:
(1) A statement of
			 its intention to consider adopting, amending or rescinding a rule;
(2) A synopsis of the proposed rule,
			 amendment, or rule to be rescinded or a general statement of the subject matter
			 to which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for
			 adopting, amending or rescinding the rule;
(4) The date, time, and place of hearing on
			 the proposed action, to be included on the register of Ohio at least thirty
			 days prior to the hearing.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-1 - General Provisions › Section 175-1-02 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A) Under extreme exigent circumstances and
			 not in contradiction of any provision under the ORC or agency rules, the agency
			 may waive specific provisions of the rules in this chapter where good cause is
			 shown and adequate supporting documentation is provided. Any waiver is at the
			 sole discretion of the agency, subject to applicable provisions of the Revised
			 Code and Internal Revenue Code.
(B)
			 The agency shall not issue obligations to provide financing for any project
			 unless the owners have satisfied the general requirements set forth in the
			 rules in this chapter. The agency reserves the right to impose additional
			 specific requirements with respect to any particular project. Compliance with
			 the rules in this chapter by an applicant does not and shall not create any
			 right by such applicant to a commitment or assurance that financing will be
			 provided by the agency.
(C) The
			 agency shall not provide funding for any project or home unless such project or
			 home are located entirely within the boundaries of the state of Ohio.
(D)
								Projects assisted with
			 funds from the agency shall be made available without discrimination or
			 preference based on race, age, sex, ancestry, national origin, religion,
			 veteran status, or disability and the recipient of funds must agree to
			 affirmatively market the units.
(E)
			 Funding provided by the agency for any project or home is subject to the
			 availability of funds and limitations otherwise prescribed by law.
(F)
								 The agency shall establish specific occupancy and
			 eligibility requirements in program guidelines.
(G) The agency shall issue and amend
			 guidelines from time to time to establish procedures to amplify rules in this
			 chapter.
Effective:
				5/19/2014
R.C. 119.032 review dates:
				02/27/2014 and
				05/19/2019
Promulgated
				Under: 119.03
Statutory Authority: 175.05
Rule Amplifies:
				175.01
Prior Effective Dates: 6-18-84 (Emer.), 12-29-87, 8-9-93,
				3-23-04
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-1 - General Provisions › Section 175-1-03 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in agency 175 of the
				Administrative Code:
(A)
			 "Agency" shall mean the Ohio housing finance agency, an agency of the state of
			 Ohio.
(B) "Limited profit entity" shall mean:
(1) A limited partnership in which at least
			 one general or limited partner is a nonprofit corporation organized for the
			 purpose of ownership and/or operation of a housing development;
(2) A for profit subsidiary wholly owned by a
			 nonprofit corporation engaged in the development of low-and moderate-income
			 housing; or
(3) Any other business
			 association, including, but not limited to limited liability companies, which
			 by reason of its organizational documents preclude its partners, members,
			 shareholders, or other controlling or participating entity from receiving
			 income, dividends, or other remuneration in excess of a fixed percentage of the
			 profits, derived from the ownership or operation of a housing development. The
			 agency reserves the right to make conclusive determinations as to the
			 sufficiency, reasonableness, and propriety of all applicants seeking
			 eligibility as a limited profit entity under this program.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-1 - General Provisions › Section 175-1-04 - Multifamily notification process

Current through all regulations passed and filed through July 1, 2024
(A) Project address. In supplying the project
			 address as required under the notification process set forth in section
			 175.07 of the Revised Code, it
			 shall be sufficient, when it is not fully known what addresses shall be
			 included in a multifamily rental development, to indicate that the project will
			 be built within an area with a clearly identified boundary of designated
			 streets or other geographic boundaries, or on parcel numbers included in the
			 notice or by other reasonable means that will identify the approximate location
			 of the project.
(B) Summary of
			 programs. In supplying the summary of the programs that the project will
			 utilize, as required under the notification process set forth in section
			 175.07 of the Revised Code, the
			 applicant shall only be required to identify financing programs that are
			 offered by the Ohio housing finance agency.
Replaces: 175-1-04
R.C. 119.032 review dates:
				02/27/2014 and
				02/27/2019
Promulgated
				Under: 119.03
Statutory Authority: 175.05
Rule Amplifies:
				175.07
Prior Effective Dates: 12-2-78, 7-12-84, 12-29-87, 8-9-93,
				3-19-98, 6-8-09
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-1 - General Provisions › Section 175-1-05 - Annual reporting process

Current through all regulations passed and filed through July 1, 2024
(A)
								 The agency shall
			 include, at a minimum, the following in the annual report of its
			 programs:
(1)
									
			 A complete listing of the recipients of low-income housing tax credits awarded
			 by the agency duriing the fiscal year; and
(2)
									 A complete
			 listing of the low-income housing tax credit syndication and direct investor
			 entitites for projects that received the form(s) 8609 during the fiscal
			 year.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-6 - Development Loans › Section 175-6-01 - Development loans

Current through all regulations passed and filed through July 1, 2024
(A)
								Loans for housing shall be made to
			 sponsors or private developers on forms prescribed by the agency and based on
			 guidelines issued by the agency.
(B) A  loan for
			 housing shall be awarded for an amount determined by agency underwriting
			 guidelines.
(C)
								Loans for housing shall be used for the development
			 and financing of the project.
(D)
			 The interest rate and terms of the  loans shall be determined by the
			 agency.
(E) The agency may charge
			 fees for reviewing the application, processing the application, any extensions
			 of the loans, and the closing of the loans, and for any other fee deemed
			 reasonable by the agency.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-8 - Low-Income Housing Tax Credit Program › Section 175-8-01 - Allocation of low-income housing tax credits

Current through all regulations passed and filed through July 1, 2024
(A) The agency shall develop a qualified
			 allocation plan pursuant to the mandates and requirements within section 42 of
			 the Internal Revenue Code of 1986 as amended at least
			 every other calendar year. The qualified allocation plan shall contain
			 minimum project requirements and measurable
			 selection criteria to ensure projects meet federal and state mandates and
			 priorities. The agency shall also consider project
			 costs in making allocation decisions.
(B)
								 In reviewing and approving a plan, the agency shall:
(1) Make a draft of the plan available to the
			 public for comment for at least thirty days;
(2) Hold at least one public hearing,
			 pursuant to procedures mandated in section 42 of the Internal Revenue Code,
			 soliciting public comment on the plan before it is final; and
(3) Submit the plan to the agency for
			 approval at a meeting of the agency.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-10 - Accessing Confidential Personal Information › Section 175-10-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the agency shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the agency are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the agency to
			 fulfill his/her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The agency shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-10 - Accessing Confidential Personal Information › Section 175-10-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to the
			 requirements of division (B)(2) of section
			 1347.15 of the Revised Code,
			 this rule contains a list of valid reasons, directly related to the
			 agency's exercise of its powers or duties, for which
			 only employees of the agency may access confidential personal information (CPI)
			 regardless of whether the personal information system is a manual system or
			 computer system:
(B) Performing the
			 following functions constitute valid reasons for authorized employees of the
			 agency to access confidential personal information:
(1) Responding to a public records
			 request;
(2) Responding to a
			 request from an individual for the list of CPI the agency maintains on that
			 individual;
(3) Administering a
			 constitutional provision or duty;
(4) Administering a statutory provision or
			 duty;
(5) Administering an
			 administrative rule provision or duty;
(6) Complying with any state or federal
			 program requirements;
(7)
			 Processing or payment of claims or otherwise administering a program with
			 individual participants or beneficiaries;
(8) Auditing purposes;
(9) Investigation or law enforcement
			 purposes;
(10) Litigation,
			 complying with an order of the court, or subpoena;
(11) Human resource matters (e.g., hiring,
			 promotion, demotion, discharge, salary/compensation issues, leave
			 requests/issues, time card approvals/issues);
(12) Complying with an executive order or
			 policy;
(13) Complying with an
			 agency policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state agency; or
(14) Complying
			 with a collective bargaining agreement provision.
(15) Complying with any federal program
			 requirements of programs administered by the agency;
(16) Administering any program with
			 individual participants or beneficiaries.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-10 - Accessing Confidential Personal Information › Section 175-10-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or regulations or state statutes
				and administrative rules make personal information maintained by the agency
				confidential and identify the confidential personal information within the
				scope of rules promulgated by this agency in accordance with section
				1347.15 of the Revised
				Code:
(A) Social security numbers:
			 5 U.S.C.
			 552a., unless the individual was told that
			 the number would be disclosed.
(B)
			 "Bureau of Criminal Investigation and Information" criminal records check
			 results: section 4776.04 of the Revised Code.
(C) Financial statements and data
			 submitted to the agency for any purpose by any person in connection with
			 applying for, receiving, or accounting for financial assistance the agency
			 provides: division (B)(1) of section
			 175.12 of the Revised Code;
			 and
(D) Information that identifies
			 any individual who benefits directly or indirectly from financial assistance
			 that the agency provides: division (B)(2) of section
			 175.12 of the Revised Code.
The list of confidentiality statutes in
				this rule is provided as illustrative and should not be relied upon
				exclusively. As federal and state statutes are enacted or amended, the
				applicability of those statutes to the rules adopted under this chapter shall
				be as set forth in those statutes taking into consideration the requirements of
				these rules. Any changes that occur shall be available to any requester by
				making a request to the agency's chief legal counsel.
Effective: 5/26/2017
Five Year
				Review (FYR) Dates: 11/05/2015 and
				05/26/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 119.03,
				175.05
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 12/16/10
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-11 - D.O.L.L.A.R. Deed Program › Section 175-11-01 - D.O.L.L.A.R. deed program model forms

Current through all regulations passed and filed through July 1, 2024
(A) To assist in the establishment of the
			 D.O.L.L.A.R. deed program as set forth in Chapter 5315. of the Revised Code,
			 the Ohio Housing Finance Agency shall adopt in rule the following model forms:
(1) Application to participate in the
			 D.O.L.L.A.R. program
(2) Deed to
			 act as a deed in lieu of foreclosure; and
(3) Lease with an option to
			 purchase.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-12 › Section 175-12-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
								"Affordable"
			 means a single-family dwelling with a monthly mortgage payment (including
			 residential real estate taxes and insurance and, if applicable, condominium
			 fees) that is no more than thirty per cent of the qualified buyer's monthly
			 income.
(B)
								"Blighted" means a structure that is dilapidated,
			 unsanitary, unsafe, or vermin invested and that because of its condition has
			 been designated by an agency that is responsible for the enforcement of
			 housing, building, or fire codes as unfit for human habitation, or acquired by
			 a land bank.
(C)
								"Completion" means issuance of final cost certification
			 and all available home sale summaries.
(D)
								"Construction
			 completion" means the issuance of final certificates of occupancy all units of
			 single-family dwelling in a qualified project.
(E)
								"Credit
			 certificate" means eligibility certificate issued by the director to a project
			 development owner under division (D) of section
			 175.17 of the Revised
			 Code.
(F)
								"Designated reporter" means the project development
			 owner or one of the owner's direct or indirect partners, members, or
			 shareholders, as selected by the owner under division (B) of section
			 175.17 of the Revised
			 Code.
(G)
								"Development costs" means actual costs for marketing,
			 appraisal, closing, administration, land, site development, hard construction
			 costs, soft construction costs, and developer fee (if any) if at or under the
			 limits imposed by this plan. Such costs may be reduced by any shortage between
			 the amount of single-family tax credit to which the qualified project is
			 eligible and the amount of equity generated by sale of single-family tax
			 credit.
(H)
								'Development team" means a consortium or partnership of
			 entities formed by the project development owner to develop a qualified
			 project. The team must include:
(1)
									if development services are not being managed directly
			 by the project development owner, a housing developer,
(2)
									building
			 contractor,
(3)
									third-party appraiser,
(4)
									if not provided
			 by the project development owner, a housing counseling agency,
(5)
									construction
			 lender, and
(6)
									if applicable, a project architect.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-12 › Section 175-12-02 - Application schedule and procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								Project
			 development owners are responsible for submitting the application and serving
			 as lead applicant, unless a designee for lead applicant is named. Project
			 development owners may designate another member of the development team as the
			 lead applicant by providing sufficient proof that the project development owner
			 has approved such designee pursuant to the project development owner's official
			 designation process or legislative body's resolution.
(B)
								During an
			 application period, a project development owner or the designee may apply to
			 the director on a form as approved and made available by the director. Specific
			 application submission schedules shall be established by the director in the
			 plan or program policies published before each application period.
The project development owner or
				designee must submit an application that complies with the program policies as
				established by the director to be evaluated for a single- family tax credit.
				The application will require the project development owner or designee to
				submit the following information:
(1)
									The name and
			 address of the project development owner's designated reporter;
(2)
									The name and
			 address of all members of the project development team;
(3)
									A commercially
			 reasonable estimate of the qualified project's development costs;
			 and,
(4)
									Any other information the director may require through
			 the program plan, policies, or application.
Ohio Administrative Code › Title 175 - Ohio Housing Finance Agency › Chapter 175-12 › Section 175-12-03 - Single family tax credit eligibility

Current through all regulations passed and filed through July 1, 2024
(A)
								Only the project
			 development owner or designee, as provided for in paragraph (A) of rule
			 175-12-02 of the Administrative Code, may apply for a single-family tax credit
			 for a qualified project.
(B)
								An application for a single-family state tax credit
			 must include documentation that the qualified project consists of single-family
			 dwelling(s).
(C)
								All rehabilitation project applications must meet
			 applicable rehabilitation standards and include in the application a physical
			 capital needs assessment and scope of work as provided for in the program plan
			 and policies.
(D)
								To the extent project development owners are
			 contributing capital or other assets to contribute to the affordability of a
			 qualified project, evidence of such contribution must be provided at the time
			 of application. Contributions of capital or other assets will be considered in
			 the competitive criteria as set forth in the program plan and
			 policies.
(E)
								Restrictive covenant
(1)
									Each completed
			 single-family dwellings shall be sold to a qualified buyer and include a
			 restrictive covenant to the benefit of Ohio housing finance agency and the
			 project development owner in a form as prescribed by the Ohio housing finance
			 agency. Such restrictive covenant shall require the qualified buyer to remain
			 in the single-family dwelling as their primary residence for the entire
			 affordability period, as wll as include provisions for the contingencies in the
			 event of sale of the single-family dwelling, as prescribed in the
			 plan.
(2)
									In the event of foreclosure, default, or homeowner
			 abandonment, the project development owner shall make reasonable efforts to
			 maintain affordability to the extent possible under law.