reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-04 - Professional development: hours

Current through all regulations passed and filed through July 1, 2024
(A)
								A candidate may
			 qualify for certification as an ombudsman associate if the candidate
			 successfully completes at least thirty-six hours of professional development
			 that includes lecture-format education, homework, and field experience and
			 passes the certification exam before performing any ombudsman duties without
			 direct supervision by an ombudsman specialist or ombudsman program director. No
			 later than sixty days after meeting all the professional development
			 requirements, the candidate shall take the ombudsman associate
			 exam.
(B)
								A candidate may qualify for certification as an
			 ombudsman specialist if the candidate successfully completes thirty-six hours
			 of professional development and passes an ombudsman deployment exam
			 administered by the SLTCO before handling complaints without direct supervision
			 by a certified ombudsman specialist or a certified ombudsman program director.
			 After the initial thirty-six hours of professional development, the candidate
			 shall complete all the following:
(1)
									Sixty additional hours of professional development
			 within the first fifteen months of employment.
(2)
									A twenty-hour
			 orientation within the first fifteen months of employment which is performed at
			 a site approved by the SLTCO according to rule
			 173-14-08 of the Administrative
			 Code.
(3)
									Any other professional development considered
			 appropriate by the SLTCO.
No later than sixty days after meeting
				all the professional development requirements, the candidate shall take the
				ombudsman specialist exam. All candidates who pass the exam are certified as
				ombudsman specialists.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-05 - The administration of ombudsman professional development

Current through all regulations passed and filed through July 1, 2024
(A) The
			 
								SLTCO shall provide the professional development
			 required in rule
			 173-14-04
			 of the Administrative Code to all ombudsman program directors and
			 
								all
			 ombudsman specialists .
(B) The regional programs shall provide, at
			 their own expense, the professional development required in rule
			 173-14-04
			 of the Administrative Code to the ombudsman associates working for their
			 respective programs.
(C) All
			 professional development conducted under this rule shall be based upon a
			 curriculum 
								developed by the SLTCO.
(D) The SLTCO may give credit for any part of
			 professional development. Any application for approval of credit shall
			 demonstrate  the candidate has
			 previously received the required training or has experience or knowledge in a
			 content area.
All requests for credit shall come from the applicant's
				ombudsman program director if the applicant is a representative from a regional
				program or from the applicant if the applicant is a representative of the
				
									office. All requests for credit shall include
				documentation of the training or experience described in the application. The
				SLTCO shall notify the applicant of the SLTCO's decision as soon as
				practicable.
Effective: 5/1/2018
Five Year Review
				(FYR) Dates: 1/30/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 173.01,
				173.02,
				173.16,
				173.21;
				42 U.S.C.
				3025(a)(1)(C),
				3058g(a)(5)(D);
				45 C.F.R.
				1321.11,
				1324.11(e),
				1324.13(b)(1),
				1324.15(b),
				(k)(4)
Rule Amplifies:
				173.16,
				173.17,
				173.21;
				42 U.S.C.
				3058g;
				45 C.F.R.
				1321.11,
				1324.11(e),
				1324.13(c)(2),
				1324.15(c),
				(k)(4)
Prior Effective Dates:
				06/15/1991, 12/27/2001, 12/28/2006
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-06 - Professional development deadlines

Current through all regulations passed and filed through July 1, 2024
(A) Candidates shall complete the
			 professional development required under rule
			 173-14-04
			 of the Administrative Code within the following time frames:
(1) Ombudsman associates: three months after
			 
									the first day of professional development.
(2) Ombudsman specialists and ombudsman
			 program directors: as soon as practicable and no later than fifteen months
			 after the date of employment.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-07 - Professional development curricula

Current through all regulations passed and filed through July 1, 2024
(A) The professional development curriculum
			 for all candidates seeking certification as ombudsman associates shall include
			 instruction in all the following areas:
(1)
			 An introduction to the office, including a discussion of the scope of work of
			 the office.
(2) An overview of the
			 long-term care system, including a discussion of all the following:
(a) The types of long-term care
			 providers.
(b) Federal and state
			 regulations applicable to long-term care providers, with an emphasis on
			 consumer rights.
(c) Long-term care
			 consumer profiles and methods of payment for long-term care services.
(d) Aging and disability.
(e) The aging and disability networks and the
			 relationship 
										with other agencies involved
			 in long-term care.
(3) Ombudsman skills, including all the
			 following:
(a) Interpersonal communication, observation, and
			 interviewing.
(b) Building working
			 relationships with providers.
(c)
			 Complaint handling.
(4)
			 An overview of complaint-resolution skills and follow-up activities, with an
			 emphasis on advocacy, negotiating, and empowering consumers.
(5) Documentation of activities.
(6) Program policies and procedures, on all
			 the following topics:
(a)
			 Confidentiality.
(b) Access to
			 providers and consumers.
(c)
			 Reporting.
(d) Ethics.
(e) Complaint investigation and
			 resolution.
(7) Any
			 additional topic deemed appropriate by the SLTCO.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-07 - Professional development: curricula

Current through all regulations passed and filed through July 1, 2024
(A)
								Ombudsman
			 associates: The professional development 
								curricula
			 for all candidates seeking certification as ombudsman associates
			 
								includes instruction in all the following
			 
								topics:
(1) An introduction to the office, including
			 a discussion of the scope of work of the office.
(2) An overview of the long-term care system,
			 including a discussion of all the following:
(a) The types of long-term care
			 providers.
(b) Federal and state
			 regulations applicable to long-term care providers, with an emphasis on
			 consumer rights.
(c) Long-term care
			 consumer profiles and methods of payment for long-term care services.
(d) Aging and disability.
(e) The aging and disability networks and the
			 relationship with other agencies involved in long-term care.
(3) Ombudsman skills, including
			 all the following:
(a) Interpersonal
			 communication, observation, and interviewing.
(b) Building working relationships with
			 providers.
(c) Complaint
			 handling.
(4) An
			 overview of complaint-resolution skills and follow-up activities, with an
			 emphasis on advocacy, negotiating, and empowering consumers.
(5)
									
									Reporting activities.
(6)
			 Confidentiality.
(7) Access to providers
			 and consumers.
(8) Ethics.
(9) Any additional
			 topic that the SLTCO
									
									deems as
			 appropriate .
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-08 - Content of orientation; approval of orientation sites

Current through all regulations passed and filed through July 1, 2024
(A) The 
								twenty-clock-hour orientation
			 required in rule
			 173-14-04
			 of the Administrative Code 
								acquaints candidates for certification as
			 ombudsman specialist or ombudsman program director with the day-to-day
			 operation of long-term care providers. The SLTCO shall
			 approve orientation sites as soon as practicable. The candidate shall
			 observe and receive instruction in basic nursing care or personal care services
			 and the provider's operation and procedures. The observation and instruction
			 shall be conducted in a manner consistent with the respect and privacy
			 requirements 
								established in division (A) of section
			 3721.13 of the Revised
			 Code.
(B) No long-term care
			 provider shall serve as an ombudsman orientation site unless approved by the
			 SLTCO.
(C) The regional ombudsman
			 program director, on behalf of the staff of the regional program and the staff
			 of the state 
								office, shall submit requests for the approval of
			 an ombudsman orientation site to the SLTCO. No site shall be approved as an orientation site unless the
			 site:
(1) Has been licensed and certified
									
									according to all applicable state
			 laws;
(2) Is in substantial
			 compliance with any applicable state or federal laws;
(3) Has agreed to serve as an ombudsman
			 orientation site; and,
(4) Has
			 agreed to provide an orientation satisfactory to the SLTCO.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-08 - Orientation: content, approval of orientation sites

Current through all regulations passed and filed through July 1, 2024
(A) The 
								twenty-hour orientation  in rule
			 173-14-04 of the Administrative
			 Code acquaints candidates for certification as ombudsman specialist or
			 ombudsman program director with the day-to-day operation of long-term care
			 providers.  The candidate shall observe and receive
			 instruction in basic nursing care or personal care services and the provider's
			 operation and procedures at an SLTCO-approved
			 site in a manner that is consistent
			 with the respect and privacy requirements established in division (A) of
			 section 3721.13 of the Revised
			 Code.
(B) No long-term care
			 provider 
								may serve as an ombudsman orientation site unless
			 approved by the SLTCO.
(C) The
			 regional ombudsman program director, on behalf of the staff of the regional
			 program and the staff of the state office, shall 
								request approval of an ombudsman orientation site
			 
								from the
			 SLTCO. No site 
								qualifies as an approved
			  orientation site unless the site
			 meets the following qualifications:
(1)
									The site
									
									is
			 licensed and certified according to all applicable state laws.
(2)
									The site
									
									is in
			 substantial compliance with any applicable state or federal laws.
(3)
									The site
									
									agrees to serve as an ombudsman orientation
			 site.
(4)
									The site
									
									agrees to provide an orientation
			 satisfactory to the SLTCO.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-09 - Observation of survey or inspection

Current through all regulations passed and filed through July 1, 2024
The types of surveys or inspections that may be observed by
				candidates for certification as an ombudsman
				specialist and ombudsman program director, pursuant to paragraph
				
								(A)(2)(c) of rule
				173-14-04
				of the Administrative Code, include nursing home licensure and certification
				surveys, life safety code inspections conducted under section
				3721.02 of the Revised Code,
				adult care facility licensure inspections, and regulatory surveys of home
				health care agencies.
Before scheduling any observation of a survey or
				inspection, the SLTCO shall obtain permission to have the survey or inspection
				observed by candidates for certification from both the director
				or director's designee of
				 the 
								appropriate agency and the administrator or the
				director of the long-term care facility or provider at which the survey or
				inspection is to take place.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-10 - Content and administration of examinations

Current through all regulations passed and filed through July 1, 2024
(A) The SLTCO shall develop the deployment
			 and certification examinations. The examinations shall be fair and shall test
			 candidates on 
								content received through the professional
			 development sessions provided according to rule
			 173-14-05
			 of the Administrative Code. The SLTCO shall validate the examinations to the
			 extent practicable. Any time curriculum is modified, and at least once per
			 year, the SLTCO shall validate the examinations to ensure they are fair and
			 test candidates on material received through the professional-development
			 sessions provided under rule
			 173-14-05
			 of the Administrative Code.
(B) The
			 deployment examination shall be administered after a candidate for specialist
			 or program director certification has completed the first forty hours of
			 professional development required by paragraph (B) of rule
			 173-14-07
			 of the Administrative Code.
(1) A candidate
			 shall achieve a score of seventy per cent before performing core ombudsman
			 services without direct supervision and may retake the deployment exam until a
			 passing score is achieved.
(2) The
			 SLTCO shall notify the candidate and the candidate's regional director in
			 writing of the SLTCO's approval of deployment.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-11 - Registration of representatives

Current through all regulations passed and filed through July 1, 2024
(A) Before offering employment to an
			 applicant for an ombudsman specialist position, a regional director shall
			 
								save electronically in the ombudsman registry, and
			 await the SLTCO's review of, the applicant's
			 
								rsumé, position description, and conflict of
			 interest screen required by rule
			 173-14-15
			 of the Administrative Code.
(1) The SLTCO
			 
									reviews the applicant's qualifications required by
			 rule
			 173-14-14
			 of the Administrative Code and any proposed conflict of interest remedy and
			 
									responds within five business days.
(2) ODA, SLTCO, and the sponsoring agency
			 shall not approve an applicant who was employed by, or participated in, the
			 management of a provider of long-term services and supports within the two-year
			 period before being employed by or associated with the office pursuant to
			 section
			 173.15
			 of the Revised Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-12 - Separation of representatives from the office

Current through all regulations passed and filed through July 1, 2024
The separation of a representative from the office may occur
				through termination by the regional program or sponsoring agency with which the
				ombudsman is employed, decertification, voluntary resignation, or removal of
				the candidate for certification.
(A)
(1) No representative of the office shall be
			 decertified or removed as a candidate for certification without cause. Cause
			 shall include, but shall not be limited to, the following:
(a) Failure to follow policies and procedures
			 that conform to sections
			 173.14
			 to
			 173.27
			 of the Revised Code and this chapter.
(b) Failure to provide services according to
			 sections
			 173.14
			 to
			 173.27
			 of the Revised Code, this chapter, the service contract, and the approved
			 ombudsman plan.
(c) Performing a
			 function not recognized or sanctioned by the office.
(d) Failure to meet the required
			 qualifications.
(e) Failure to meet
			 continuing education requirements.
(f) Intentional failure to reveal a conflict
			 of interest.
(g) The
			 misrepresentation of the representative's category of certification or the
			 duties the representative is certified to perform.
(h) Failure to perform official duties in
			 good faith.
(i) Conduct unbecoming
			 a representative of the office.
(j)
			 Violations of Ohio ethics laws.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-12 - Separation of representatives from the office

Current through all regulations passed and filed through July 1, 2024
The separation of a representative from the office may occur
				through termination by the regional program or sponsoring agency with which the
				ombudsman is employed, decertification, voluntary 
								separation, or removal of the candidate for
				certification.
(A)
								Decertification or removal of a candidate for
			 certification:
(1) No representative of
			 the office 
									may be decertified or removed as a candidate for
			 certification without cause. Cause 
									includes, but
			 
									is not
			  limited to, the following:
(a) Failure to provide
			 services according to sections
			 173.14 to
			 173.27 of the Revised Code, this
			 chapter, the service contract, 
										or the approved ombudsman plan.
(b)
			 Performing a function not recognized or sanctioned by the office.
(c)
			 Failure to meet the  qualifications
			 to be a representative.
(d)
			 Failure to meet continuing education requirements.
(e) Intentional failure
			 to reveal a conflict of interest.
(f) The
			 misrepresentation of the representative's category of certification or the
			 duties the representative is certified to perform.
(g) Failure to perform
			 official duties in good faith.
(h) Conduct unbecoming
			 a representative of the office.
(i) Violations of Ohio
			 ethics laws.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-13 - Continuing education requirements, approval of clock hours, certifying fulfillment

Current through all regulations passed and filed through July 1, 2024
(A) Representatives of the office shall
			 complete the following annual continuing education requirements:
(1) Ombudsman associate:
			 
									eighteen
			 clock hours.
(2) Ombudsman
			 specialists: 
									eighteen clock hours, of which a minimum of
			 
									nine
			 clock hours shall be earned through attendance at state ombudsman-sponsored
			 education.
(3) Ombudsman program
			 directors: eighteen clock hours, of which a minimum of nine clock hours shall
			 be earned through attendance at state ombudsman-sponsored education; at least
			 one session must include the training outlined in paragraph (C) of rule
			 173-14-07
			 of the Administrative Code. Topics of sessions may include, but are not limited
			 to, supervision of staff, quality assurance practices, strategic planning, and
			 interviewing, hiring, and retention of potential staff.
The required clock hours of continuing education shall be
				prorated for any representative of the office who has been certified for fewer
				than twelve months.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-13 - Continuing education requirements, approval of hours, certifying fulfillment

Current through all regulations passed and filed through July 1, 2024
(A) Representatives of the office shall
			 complete the following annual continuing education requirements:
(1) Ombudsman associate: eighteen
			  hours.
(2) Ombudsman specialists: eighteen
			  hours
									with a minimum of nine
			 of those
									 hours  earned through attendance at 
									SLTCO-sponsored
			 education.
(3) Ombudsman program
			 directors: eighteen  hours
									with a
			 minimum of nine of those
									 hours  earned through attendance at
			 
									SLTCO-sponsored education
									and with at least
			 one session 
									on the training outlined in paragraph (C) of rule
			 173-14-07 of the Administrative
			 Code. Topics of sessions may include, but are not limited to, supervision of
			 staff, quality assurance practices, strategic planning, and interviewing,
			 hiring, and retention of potential staff.
The required  hours of
				continuing education shall be prorated for any representative of the office who
				has been certified for fewer than twelve months.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-14 - Staffing requirements, staff qualifications, and background checks

Current through all regulations passed and filed through July 1, 2024
(A) Staffing requirements: Each regional
			 program shall employ one paid, full-time employee to serve as the program's
			 ombudsman program director. If a sponsoring agency administers more than one
			 regional program, each regional program shall have full-time supervision
			 provided by a certified ombudsman program director in that region, unless otherwise approved by the state
			 ombudsman.
(B) Staff
			 qualifications:
(1) Representative: To accept
			 a candidate for certification as a representative of the office, the state or
			 regional program shall either hire a person as a paid staff member or accept
			 the person as a volunteer staff member. The state or regional program shall
			 only hire or accept a person who:
(a) Is at
			 least eighteen years of age; and,
(b) Has the ability to understand and
			 empathize with the concerns of consumers of long-term care services.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-14 - Staffing requirements, staff qualifications, and background checks

Current through all regulations passed and filed through July 1, 2024
(A) Staffing requirements: Each regional
			 program shall employ one paid, full-time employee to serve as the program's
			 ombudsman program director. If a sponsoring agency administers more than one
			 regional program, each regional program shall have full-time supervision
			 provided by a certified ombudsman program director in that region, unless
			 otherwise approved by the state ombudsman.
(B) Staff qualifications:
(1) Representative: To accept a candidate for
			 certification as a representative of the office, the state or regional program
			 shall either hire a person as a paid staff member or accept the person as a
			 volunteer staff member. The state or regional program
			 
									may
									 hire or accept a person
			 
									only if the
			 person:
(a) Is at least eighteen years
			 of age; and,
(b) Has the ability to
			 understand and empathize with the concerns of consumers of long-term care
			 services.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-15 - Conflicts of interest

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1) "Financial interest" means an ownership
			 interest or investment in a provider by a representative of the office or the
			 immediate family member of the representative of the office.
(2) "Remedy" means an action, restriction of
			 action, restriction of contact, or other means proposed to the SLTCO that would
			 neutralize a conflict of interest and ensure the conflict shall not adversely
			 influence the activities of the representative on behalf of the
			 office.
(3) "Waiver" means the
			 SLTCO has determined sufficient circumstances exist to eliminate a conflict of
			 interest and the need to remedy a conflict of interest.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-15 - Conflicts of interest

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1)
									"Conflict of
			 interest" has the same meaning as described or defined in
			 42 U.S.C.
			 3058g(f),
			 45 C.F.R.
			 1324.21, or Chapter 102. of the Revised
			 Code.
(2) "Financial
			 interest" means an ownership interest or investment in a provider by a
			 representative of the office or the immediate family member of the
			 representative of the office.
(3) "Remedy" means an
			 action, restriction of action, restriction of contact, or other means proposed
			 to the SLTCO that would neutralize a conflict of interest and ensure the
			 conflict 
									does not adversely influence the activities of the
			 representative on behalf of the office.
(4) "Waiver" means the
			 SLTCO has determined sufficient circumstances exist to eliminate a conflict of
			 interest and the need to remedy a conflict of interest.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-16 - Complaint-handling protocol

Current through all regulations passed and filed through July 1, 2024
Representatives shall identify, investigate, and resolve
				complaints made by, or on behalf of, consumers and relate to the action,
				inaction, or decisions of providers or representatives of providers of
				long-term care services, public agencies, or health and social services
				agencies that may adversely affect the health, safety, welfare, or rights of
				consumers (including the welfare and rights of consumers with respect to the
				appointment and activities of guardians and representative payees).
Except as otherwise provided in division (C) of section
				173.19
				of the Revised Code, representatives shall open a case and attempt to resolve
				all complex complaints according to the following protocol:
(A) Complaint intake:
(1) Any representative may receive a
			 complaint over the telephone, in person, or through postal or electronic mail.
			 A complaint generated by the office itself shall be considered a received
			 complaint.
The representative shall explain to a complainant who uses
				electronic mail that electronic mail may not be a secure mode for sharing
				confidential information and shall document the individual's consent to use
				electronic mail.
(2) A
			 representative shall explain to the complainant the ombudsman process generally
			 and options for handling the specific complaint presented according to guidance
			 presented by the SLTCO. The representative shall also gather information needed
			 to determine response time and whether there is a conflict of interest and
			 what, if any, steps have been taken previously. To
			 ensure timely access to facilities, residents, and records, the representative
			 may also request the names and contact information of residents and their
			 representatives from long-term care facilities.
(3) A representative shall refer complaints
			 to the SLTCO according to the protocol in rule
			 173-14-17
			 of the Administrative Code.
(4) In
			 determining the response time for initiating an investigation, the
			 representative shall analyze the urgency of the complaint based upon the
			 information received at the time of intake. The response time shall be
			 commensurate with the potential harm posted to the consumer. If there is
			 probable physical harm to the consumer, the program that received the complaint
			 shall respond by the end of the next working day. If the next day is not a
			 working day for the program and the representative is unable to respond before
			 the next day, the representative shall notify the SLTCO immediately. In all
			 other cases, the program shall respond as appropriate to the
			 complaint.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-16 - Complaint-handling protocol

Current through all regulations passed and filed through July 1, 2024
Representatives shall identify, investigate, and resolve
				complaints made by, or on behalf of, consumers and relate to the action,
				inaction, or decisions of providers or representatives of providers of
				long-term care services, public agencies, or health and social services
				agencies that may adversely affect the health, safety, welfare, or rights of
				consumers (including the welfare and rights of consumers with respect to the
				appointment and activities of guardians and representative payees).
This rule establishes the requirements
				for handling complaints that are not listed under
								 division
				(C) of section 173.19 of the Revised
				Code.
(A) Complaint intake:
(1) Any representative may receive a
			 complaint over the telephone, in person, or 
									by letter or
			 
									email. A complaint generated by the office itself
			 
									is
			 considered to be a received complaint.
			 The mode of communication in which a complaint is
			 received is deemed consent to communicate with the complainant through that
			 mode of communication.
The representative shall explain to a complainant who uses
				email that 
										email
										
										is not
				always a secure mode for sharing confidential information
				.
(2)
									According to
			 guidance provided by the SLTCO,
									
									a representative shall explain to the complainant
			 the general ombudsman process
			  and options for handling the
			 specific complaint presented 
									and gather information needed to determine
			 the response time,
									 whether there is a conflict of
			 interest, and what, if any, steps have been taken
			 previously.
(3)
									To ensure timely access to facilities, residents, and
			 records, the representative may also request the names and contact information
			 of residents and their representatives from long-term care
			 facilities.
(4) A representative
			 shall refer complaints identified in rule
			 173-14-17 of the Administrative
			 Code to the SLTCO .
(5)
									
									The representative
			 shall analyze the urgency of the complaint based 
									on the
			 information received at the time of intake
									and establish response times that reflect the severity of
			 each complaint, with more urgent response times for complaints that
			 indicate potential harm  to the
			 consumerand less-urgent response times for complaints
			 that indicate no harm to the consumer.
(6)
									A program that receives a complaint that indicates
			 probable physical harm shall respond by the end of the next business day. The
			 program shall notify the SLTCO immediately if a complaint indicates probable
			 physical harm to the consumer and a representative cannot respond before the
			 end of the next business day.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-17 - Referral of complaints to the state long-term care ombudsman

Current through all regulations passed and filed through July 1, 2024
(A) Representatives of the office shall refer
			 to the SLTCO, in a manner established by the SLTCO, any of the following complaints:
(1)
									A complaint
									
									posing a conflict of interest
			  that cannot be remedied by reassigning the complaint to
			 another representative.
(2)
									A complaint
									 the 
									consumer
									
									wants the SLTCO
			 to handle.
(3)
									A complaint
									
									that
			 is frivolous, vexatious, or not made in good faith.
(4)
									A complaint
									 made so long after the actual
			 occurrence that it is no longer reasonable to conduct an investigation.
(5)
									A complaint
									
									for which
			 an adequate investigation cannot be conducted because of insufficient funds,
			 staff, expertise, or other factor that could result in an inadequate
			 investigation .
(6)
									A complaint
									
									for which
			 an injunction is sought against a long-term care facility for a violation of
			 the residents' bill of rights pursuant to sections
			 3721.10 to
			 
									
										3721.18
									 of the Revised
			 Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-17 - Referral of complaints to the state long-term care ombudsman

Current through all regulations passed and filed through July 1, 2024
(A)
								
								A regional program director or designee shall
			 refer  any of the following complaints to the
			 SLTCO:
(1) A complaint posing a conflict
			 of interest that cannot be remedied by reassigning the complaint to another
			 representative.
(2) A complaint the
			 consumer wants the SLTCO to handle.
(3) A complaint that is frivolous, vexatious,
			 or not made in good faith.
(4) A
			 complaint made so long after the actual occurrence that it is no longer
			 reasonable to conduct an investigation.
(5) A complaint for which an adequate
			 investigation cannot be conducted because of insufficient funds, staff,
			 expertise, or other factor that could result in an inadequate
			 investigation.
(6) A complaint for
			 which an injunction is sought against a long-term care facility for a violation
			 of the residents' bill of rights pursuant to sections
			 3721.10 to
			 3721.18 of the Revised
			 Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-18 - Referrals of complaints to other agencies

Current through all regulations passed and filed through July 1, 2024
(A) All referrals made by representatives of
			 the office shall contain the pertinent facts known to the representative and
			 shall be subject to the confidentiality and consent requirements established in
			 rule
			 173-14-16
			 of the Administrative Code. Any confidential information transmitted
			  shall be marked as
			 confidential.
(B)
(1) Representatives of the office may report
			 any violation of provider licensing laws or standards, or medicare/medicaid
			 certification laws or standards, discovered during the course of complaint
			 handling to the agency responsible for enforcing those laws or
			 standards.
(2) Representatives of
			 the office may report any violations of professional licensing laws or
			 standards discovered during the course of complaint handling to the appropriate
			 professional board or organization.
(3) Representatives of the office may report
			 any violation of the provider agreement, medicaid discrimination laws, nursing
			 home waiting list requirements, personal needs allowance laws, medicaid covered
			 services provisions, or facility transfer plans discovered during the course of
			 complaint handling to the department of medicaid.
(4) To the extent permitted by federal law, a
			 representative of the office may report to an appropriate authority any
			 suspected violation of state law discovered during the course of an advocacy
			 visit or investigation.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-18 - Referrals of complaints to other agencies

Current through all regulations passed and filed through July 1, 2024
(A) All referrals made by representatives of
			 the office shall contain the pertinent facts known to the representative and
			  be subject to the confidentiality and
			 consent requirements  in rule
			 173-14-16 of the Administrative
			 Code. Any confidential information transmitted shall be marked as
			 confidential.
(B)
(1) Representatives of the office may report
			 any violation of provider licensing laws or standards, or medicare/medicaid
			 certification laws or standards, discovered during the course of complaint
			 handling to the agency responsible for enforcing those laws or
			 standards.
(2) Representatives of
			 the office may report any violations of professional licensing laws or
			 standards discovered during the course of complaint handling to the appropriate
			 professional board or organization.
(3) Representatives of the office may report
			 any violation of the provider agreement, medicaid discrimination laws, nursing
			 home waiting list requirements, personal needs allowance laws, medicaid covered
			 services provisions, or facility transfer plans discovered during the course of
			 complaint handling to the department of medicaid.
(4) To the extent permitted by federal law, a
			 representative of the office may report to an appropriate authority any
			 suspected violation of state law discovered during the course of an advocacy
			 visit or investigation.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-19 - Case records and reporting of core services

Current through all regulations passed and filed through July 1, 2024
(A)
								Reporting:
(1)
									The complaint
			 case record shall include only objective observations of items revealed during
			 the course of the investigation, including the consumer's physical condition,
			 behavior, conversations, and when appropriate to a complex complaint, any data
			 required in ODIS.
(2)
									Reporting of advocacy and general-information services
			 shall include only the objective information required in ODIS.
(3)
									Representatives
			 shall report all activity in ODIS within six days after the activity is
			 performed.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-20 - System advocacy

Current through all regulations passed and filed through July 1, 2024
(A)
								Systems advocacy
			 includes, but it not limited to, evaluating and making known concerns and
			 issues regarding long-term care by doing all of the following:
(1)
									Preparing an
			 annual report containing information and findings regarding the types of
			 problems experienced by consumers and the complaints made by or on behalf of
			 consumers. The report shall include recommendations for policy, regulatory, and
			 legislative changes to solve problems, resolve complaints, and improve the
			 quality of care and life for consumers and shall be submitted to the governor,
			 the speaker of the house of representatives, the president of the senate, the
			 directors of health and of job and family services, and the commissioner of the
			 administration on aging of the United States department of health and human
			 services.
(2)
									Monitoring and analyzing the development and
			 implementation of federal, state, and local laws, regulations, and policies
			 regarding long-term care services in this state and recommending to officials
			 changes the office considers appropriate in these laws, regulations, and
			 policies.
(3)
									Providing information and making recommendations to
			 public agencies, members of the general assembly, and others regarding problems
			 and concerns of consumers.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-20 - System advocacy

Current through all regulations passed and filed through July 1, 2024
(A) Systems advocacy includes, but it not
			 limited to, evaluating and making known concerns and issues regarding long-term
			 care by doing all of the following:
(1)
			 Preparing an annual report 
									that includes the information and findings
			 regarding the types of problems experienced by consumers,
									 the
			 complaints made by or on behalf of consumers, and
			 recommendations for policy, regulatory, and legislative changes to solve
			 problems, resolve complaints, and improve the quality of care and life for
			 consumers.
									
									The reports are provided to
			 the governor, the speaker of the house of representatives, the president of the
			 senate, the directors of the departments of
			 health and  job and family services, and
			 the 
									administrator of the administration on
			 
									community
			 living
									
									within the United States department of health and
			 human services.
(2) Monitoring and
			 analyzing the development and implementation of federal, state, and local laws,
			 regulations, and policies regarding long-term care services in this state and
			 recommending to officials changes the office considers appropriate in these
			 laws, regulations, and policies.
(3) Providing information and making
			 recommendations to public agencies, members of the general assembly, and others
			 regarding problems and concerns of consumers.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-21 - Designated long-term care ombudsman regions

Current through all regulations passed and filed through July 1, 2024
(A)
								The regional
			 long-term care ombudsman programs shall serve the following regions of the
			 state:
(1)
									Region 1: Butler, Warren, Clinton, Hamilton, and Clermont
			 counties.
(2)
									Region 2: Montgomery, Darke, Shelby, Logan, Miami,
			 Preble, Clark, Greene, and Champaign counties.
(3)
									Region 3: Van
			 Wert, Putnam, Hancock, Mercer, Auglaize, Hardin, and Allen
			 counties.
(4)
									Region 4: Williams, Fulton, Lucas, Defiance, Henry,
			 Wood, Ottawa, Sandusky, Erie, and Paulding counties.
(5)
									Region 5: Seneca,
			 Huron, Wyandot, Crawford, Richland, Ashland, Marion, Morrow, and Knox
			 counties.
(6)
									Region 6: Union, Delaware, Licking, Madison, Franklin,
			 Fairfield, Fayette, and Pickaway counties.
(7)
									Region 7:
			 Highland, Ross, Vinton, Jackson, Gallia, Pike, Brown, Adams, Scioto, and
			 Lawrence counties.
(8)
									Region 8: Perry, Morgan, Noble, Monroe, Hocking,
			 Athens, Washington, and Meigs counties.
(9)
									Region 9:
			 Muskingum, Guernsey, Belmont, Coshocton, Harrison, Jefferson, Carroll,
			 Tuscarawas, and Holmes counties.
(10)
									Region 10A:
			 Lake, Cuyahoga, Geauga, Medina, and Lorain counties.
(11)
									Region 10B:
			 Wayne, Stark, Portage, and Summit counties.
(12)
									Region 11:
			 Ashtabula, Trumbull, Mahoning, and Columbiana counties.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-21 - Designated long-term care ombudsman regions

Current through all regulations passed and filed through July 1, 2024
(A)
								Designated
			 regional long-term care ombudsman programs serve the following regions of the
			 state:
(1)
									Region 1: Butler, Clermont, Clinton, Hamilton, and Warren
			 counties.
(2)
									Region 2: Champaign, Clark, Darke, Greene, Logan,
			 Miami, Montgomery, Preble,and Shelby counties.
(3)
									Region 3: Allen,
			 Auglaize, Hancock, Hardin, Mercer, Putnam, and Van Wert
			 counties.
(4)
									Region 4: Defiance, Erie, Fulton, Henry, Lucas, Ottawa,
			 Sandusky, Williams, and Wood counties.
(5)
									Region 5:
			 Ashland, Crawford, Huron, Knox, Marion, Morrow, Richland, Seneca, and Wyandot
			 counties.
(6)
									Region 6: Delaware, Fairfield, Fayette, Franklin,
			 Licking, Madison, Pickaway, and Union counties.
(7)
									Region 7: Adams,
			 Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, and Vinton
			 counties.
(8)
									Region 8: Athens, Hocking, Meigs, Monroe, Morgan,
			 Noble, Perry, and Washington counties.
(9)
									Region 9:
			 Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum,
			 and Tuscarawas counties.
(10)
									Region 10A: Cuyahoga, Geauga, Lake, Lorain, and Medina
			 counties.
(11)
									Region 10B: Portage, Stark, Summit, and Wayne
			 counties.
(12)
									Region 11: Ashtabula, Columbiana, Mahoning, and
			 Trumbull counties.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-22 - Initial designation of regional long-term care ombudsman programs: standards

Current through all regulations passed and filed through July 1, 2024
(A)
								No sponsoring
			 agency may serve as a regional long-term care ombudsman program unless the
			 SLTCO designates the agency to be a regional long-term care ombudsman
			 program.
(B)
								Except as otherwise provided in paragraph (A) of this
			 rule, no sponsoring agency may qualify as a fully-designated regional program
			 unless it complies with all the following structural standards:
(1)
									Be a tax-exempt
			 organization.
(2)
									Have a governing board with responsibility to ensure
			 compliance with all program and contract requirements; all relevant federal and
			 state statutes, regulations, and policies; and ensure program integrity and
			 stability.
(3)
									Comply with the prohibitions against unremedied
			 organizational conflicts of interest under
			 45 C.F.R.
			 1324.21.
(4)
									Have no member of
			 its administrative staff with responsibilities related to the ombudsman
			 program, and an unremedied conflict of interest.
(5)
									Retain the type
			 of qualified staff required under rule
			 173-14-14 of the Administrative
			 Code.
(6)
									Maintain an incoming toll-free telephone line dedicated
			 to the regional ombudsman program that is answered during normal business hours
			 by a representative of the office.
(7)
									Have the capacity
			 to develop policies and procedures that conform to all federal and state
			 statutes, regulations, and policies, including on the following topics, and
			 provide these policies and procedures to the SLTCO within six months after
			 designation for the SLTCO's review for approval and on request, and make these
			 policies and procedures available to all representatives in the regional
			 program:
(a)
										Complaint prioritization.
(b)
										Case
			 assignment.
(c)
										Recruiting, screening, training, and supervising
			 representatives.
(d)
										Participation in the regulatory agencies' survey and
			 certification processes, including performance within the federal regulations;
			 balancing program priorities; and specifying when to attend an exit conference;
			 a statement of the information the ombudsman gives to the survey team;
			 specifying that representatives with a noted conflict of interest are
			 ineligible to participate in the certification process of that
			 provider.
(e)
										Personnel policies for representatives of the
			 office.
(8)
									Maintain nonprofit directors and officers liability
			 insurance.
Replaces: 173-14-22