Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-18 - Training and Competency Evaluation Programs; Train the Trainer Programs › Section 3701-18-06 - Criteria for training and competency evaluation program approval and reapproval; approval period

Current through all regulations passed and filed through July 1, 2024
(A) The director or the director's designee
			 shall approve an application for approval or reapproval as a TCEP if the
			 applicant complies with the criteria, standards and requirements for an
			 approved TCEP established by sections
			 3721.30 and
			 3721.31 of the Revised Code and
			 by the applicable provisions of rules
			 3701-18-04
			 to
			 3701-18-13
			 of the Administrative Code.
(B)
			 The approval 
								or reapproval of a TCEP expires two years after the
			 date of issuance.
(C) Except as
			 provided in paragraphs (E) and (F) of this rule, the director or the director's
			 designee shall not approve or reapprove a TCEP conducted by or in a long-term
			 care facility which during the previous two years from submission of its
			 application for approval or reapproval:
(1)
			 Had its license revoked pursuant to Chapter 3721. of the Revised Code; or
(2) Was determined by the director
			 or the secretary of the United States department of health and human services
			 to have been out of compliance with the requirements of division (b), (c), or
			 (d), of section 1819 or 1919 of the Social Security Act, 49 Stat. 620 (1935),
			 42 U.S.C.
			 301, as amended (1981). For the purposes of
			 this paragraph, a facility is considered to have been determined to be out of
			 compliance with the specified requirements if any of the following occurred
			 during the previous two years;
(a) In the
			 case of a long-term care facility certified as a skilled nursing facility under
			 Title XVIII of the Social Security Act, it operated under a waiver of the
			 medicare nurse staffing requirements established under Title XVIII of the
			 Social Security Act;
(b) In the
			 case of a long-term care facility certified as a nursing facility under Title
			 XIX of the Social Security Act, it operated under a waiver of the medicaid
			 nurse staffing requirements established under Title XIX of the Social Security
			 Act, if the waiver was granted on the basis of a demonstration that the
			 facility was unable to provide the nursing care required under the medicaid
			 requirements for a period in excess of forty-eight hours per week;
(c) The long-term care facility was subject
			 to an extended or partial extended medicare or medicaid certification survey;
(d) The long-term care facility's
			 participation in the medicare or medicaid program was terminated;
(e) A civil money penalty or fine of not less
			 than five thousand dollars was imposed upon the facility because of medicare or
			 medicaid certification deficiencies;
(f) A denial of payment for medicare or
			 medicaid admissions was imposed upon the facility because of medicare or
			 medicaid certification deficiencies;
(g) A temporary manager or a special master
			 was appointed for the facility because of medicare or medicaid certification
			 deficiencies; or
(h) The facility
			 was closed or its residents were transferred because of medicare or medicaid
			 certification deficiencies.