reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-58 - Dental Hygienist Loan Repayment Program › Section 3701-58-03 - Requirements for contract

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Full-time practice" means working a
			 minimum of forty hours per week for a minimum of forty-five weeks each service
			 year. Practice-related administrative activities and/or
			 teaching activities may not exceed eight hours per week.
(2) "Part-time practice" means working a
			 minimum of twenty hours and a maximum of thirty-nine hours per week for a
			 minimum of forty-five weeks each service year. Practice-related administrative
			 activities and/or teaching activities
									 may not exceed four hours per
			 week.
(3) "Provide dental hygiene
			 services without regard to a patient's ability to pay" means that patients with
			 incomes below one hundred per cent of the federal poverty guidelines may not be
			 denied dental services by the dental practice site due to the inability to pay
			 for such services, assuring that any payments or fees for such services will be
			 reduced or waived.
(4) "Teaching
			 activities" means providing clinical education to dental hygiene students
			 regarding the normal course of practice and expertise at the dental practice
			 site(s) specified in the contract.
In order to qualify as teaching, the dental hygienist must be
				providing clinical education and supervision of dental hygiene students or
				clinicians in the approved dental practice site(s) as part of an accredited
				clinical training program.
All teaching must be conducted in the dental practice site(s)
				specified in the dental hygienist's contract. If the supervising dental
				hygienist provides dental hygiene services while the student or clinician
				observes, the activity should be counted as direct clinical care rather than
				teaching.
(5)
									"Teledentistry" means the delivery of dental services
			 through the use of synchronous, real-time communication and the delivery of
			 services of a dental hygienist or expanded function dental auxiliary pursuant
			 to a dentist's authorization as defined in section
			 4715.43
			 of the Revised Code.
In order to qualify as teledentistry
				activities, both the originating site(s) (location of the patient) and the
				approved practice site(s) must be located in dental health resource shortage
				areas.
All teledentistry activities must be
				conducted at the practice site(s) specified in the dental hygienist's
				contract.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-58 - Dental Hygienist Loan Repayment Program › Section 3701-58-04 - Dental health resource shortage areas

Current through all regulations passed and filed through July 1, 2024
(A) Dental health resource shortage areas
			 shall include all of the following:
(1) A
			 geographic area, facility (including federally qualified health centers), or
			 population group in this state that is
									 designated by the United States
			 secretary of health and human services as a dental health professional shortage
			 area under 42 C.F.R. in accordance with Appendix B to 42 C.F.R. Part 5
			 (1993).
(2) A geographic area, one
			 or more facilities within a particular area, or a population group within a
			 particular area which:
(a) Has a population
			 to dentist ratio exceeding four thousand to one and is in an appalachian
			 county; or
(b) Has a population to
			 dentist ratio exceeding four thousand to one and a minority population which
			 exceeds seventy per cent; or
(c)
			 Has a low-income population (less than or equal to two hundred per cent of
			 federal poverty level) to dentist serving the low-income population (adjusted
			 to full-time equivalent) ratio exceeding four thousand to one; or
(d) Has insufficient capacity, such as
			 unusually long wait time for new patient appointments (more than six weeks for
			 routine dental services) or two-thirds of dentists do not accept new patients;
			 or
(e) Demonstrates the population
			 in the area experiences significant barriers to obtaining dental
			 care.
(f)
										Has previously been designated to be a dental health
			 professional shortage area as described in paragraph (A)(1) of this rule and
			 has a population to dentist ratio exceeding four thousand to
			 one.
(3) A free
			 clinic as defined in section
			 3701.071
			 of the Revised Code, regardless of whether a clinic is located in a geographic
			 area that is designated as a dental health resource shortage area.
(4)
									Other areas or
			 population groups which the director has determined to have unmet needs for
			 dentists.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-59 - Hospitals › Section 3701-59-03 - Operation of hospitals

Current through all regulations passed and filed through July 1, 2024
(A) No person and no political subdivision,
			 agency, or instrumentality of this state shall operate a hospital as defined in
			 section 3727.01 of the Revised Code
			 unless it is certified under Title XVIII of the Social Security Act, 49 Stat.
			 620 (1935),
			 42 U.S.C.
			 301, as amended (1981) or is accredited by a national accrediting
			 organization approved by the centers for medicare and medicaid
			 services.
(B) Each hospital defined
			 in section 3727.01 of the Revised Code
			 shall annually report to the department its accreditation and certification
			 status on a form or in a format prescribed by the director.
(C) Any hospital defined in section
			 3727.01 of the Revised Code that
			 voluntarily withdraws or is involuntarily terminated from certification or
			 accreditation as required in paragraph (A) of this rule shall notify the
			 director of health in writing within ten days after the effective date of such
			 withdrawal or termination.
Five Year Review (FYR) Dates:
				1/22/2020 and
				01/20/2025
Promulgated
				Under: 119.03
Statutory Authority: 3727.03
Rule
				Amplifies: 3727.03
Prior Effective Dates: 12/03/1983, 06/09/2000,
				03/25/2010, 03/22/2015
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-59 - Hospitals › Section 3701-59-04 - Enforcement proceedings

Current through all regulations passed and filed through July 1, 2024
(A) The director  shall make an investigation of any
			 hospital or health facility to determine if there is a violation of section
			 3727.02 of the Revised Code and
			 rule
			 3701-59-03
			 of the Administrative Code whenever
								the director has reason to believe that there may
			 be a violation of section
			 3727.02 of the Revised Code or
			 rule
			 3701-59-03
			 of the Administrative Code.
(B) If
			 the 
								director ascertains that there is a violation of
			 section 3727.02 of the Revised Code or
			 rule
			 3701-59-03
			 of the Administrative Code,the director shall petition the court of common pleas
			 of the county in which the hospital or health facility is located for an order
			 enjoining such violation or shall institute legal proceedings under section
			 3727.99 of the Revised Code, or
			 both, as appropriate.
Five Year Review (FYR) Dates:
				1/22/2020 and
				01/20/2025
Promulgated
				Under: 119.03
Statutory Authority: 3727.03
Rule
				Amplifies: 3727.03
Prior Effective Dates: 12/03/1983,
				03/25/2010
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-59 - Hospitals › Section 3701-59-05 - Hospital registration and reporting requirements

Current through all regulations passed and filed through July 1, 2024
Every hospital, public or private, shall, by the first of March
				of each year, register with and report to the department of health the
				following information for the previous calendar year in a manner prescribed by
				the director. A facility providing inpatient services at a geographically
				separate location that is not part of the main hospital or is located at a
				different street address from the hospital that owns and operates it, and a
				facility that is certified by the centers for medicare and medicaid services
				independently from the hospital in which it is located, shall register with and
				report to the department of health separately.
(A) Information needed to identify and
			 classify the hospital, include the following:
(1) Hospital identifying information,
			 including:
(a) The name of the
			 hospital;
(b) The hospital number
			 assigned by the department;
(c) The
			 name the hospital uses for medicare, if different than the hospital name in
			 paragraph (A)(1)(a) of this rule, the hospital's national provider identifier,
			 and centers for medicare and medicaid services certification number;
(d) The hospital's address, mailing address
			 if different than the address, and the county in which the hospital is located;
			 and
(e) The telephone number,
			 e-mail address, and legal name of the business entity that controls the
			 operation of the hospital, if different than the hospital name in paragraph
			 (A)(1)(a) of this rule;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-59 - Hospitals › Section 3701-59-06 - Hospital quality standards for gender reassignment surgery and genital gender reassigment surgery for minors

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule:
(1)
									"Biological sex," "Birth sex," and "sex" mean the biological
			 indication of male and female, including sex chromosomes, naturally occurring
			 sex hormones, gonads, and nonambiguous internal and external genitalia present
			 at birth, without regard to an individual's psychological, chosen, or
			 subjective experience of gender.
(2)
									"Gender
			 reassignment surgery" means any surgery performed for the purpose of assisting
			 an individual with gender transition that seeks to surgically alter or remove
			 healthy physical or anatomical characteristics or features that are typical for
			 the individual's biological sex, in order to instill or create physiological or
			 anatomical characteristics that resemble a sex different from the individual's
			 birth sex, including genital or non-genital gender reassignment
			 surgery.
(3)
									"Gender transition" means the process in which an
			 individual goes from identifying with and living as a gender that corresponds
			 to his or her biological sex to identifying with and living as a gender
			 different from his or her biological sex, including social, legal, or physical
			 changes.
(4)
									"Genital gender reassignment surgery" means surgery
			 performed for the purpose of assisting an individual with gender transition and
			 includes both of the following:
(a)
										Surgeries that sterilize, such as castration,
			 vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy;
			 or
(b)
										Surgeries that artificially construct tissue with the
			 appearance of genitalia that differs from the individual's biological sex, such
			 as metoidiplasty, phalloplasty, and vaginoplasty.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Applicant"
			 means a person who is under final consideration for employment with a home
			 health agency in a full-time, part-time, or temporary position that involves
			 providing direct care to an individual or is referred to a home health agency
			 by an employment service for such a position.
(B)
								"Applicant for
			 licensure" means the individual or agency applying for a skilled home health
			 services license or nonmedical home health services license.
(C)
			 "Community-based long-term care 
								provider" 
								means a provider, as defined as
			 in section 173.39 of the Revised
			 Code.
(D)
								"Community-based long-term care subcontractor" means a
			 subcontractor, as defined in section
			 173.38 of the Revised
			 Code.
(E) "Criminal records
			 check" has the same meaning as in section
			 109.572 of the Revised
			 Code.
(F) "Direct care" means
			 any of the following:
(1) Any service
			 identified in paragraphs (J)(1) to (J)(6) of this rule that is provided in a patient's
			 place of residence used as the patient's home; or
(2) Any activity that requires the person
			 performing the activity to be routinely alone with a patient or to routinely
			 have access to a patient's personal property or financial documents regarding a
			 patient; or
(3) For each home
			 health agency individually, any other routine service or activity that the
			 chief administrator of the home health agency designates as direct
			 care.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-02 - Applicability

Current through all regulations passed and filed through July 1, 2024
Beginning October 1, 2022, no home
				health agency or nonagency provider shall do any of the following:
(A)
								Provide skilled
			 home health services, as defined in paragraph (Y) of rule
			 3701-60-01 of the Administrative
			 Code, through one or more employees unless the agency holds a current, valid
			 license to provide skilled home health services issued under this
			 chapter;
(B)
								Hold the agency, nonagency provider, or any employee of
			 the agency, out as a provider of skilled home health services unless the agency
			 or nonagency provider holds a current, valid license to provide skilled home
			 health services issued under this chapter;
(C)
								Provide
			 nonmedical home health services, as defined in paragraph (R) of rule
			 3701-60-01 of the Administrative
			 Code, as a nonagency provider or through one or more agency employees unless
			 the agency or nonagency provider holds either a current, valid license to
			 provide nonmedical home health services, or a current, valid license to provide
			 skilled home health services, issued under this chapter; or
(D)
								Hold the agency,
			 nonagency provider. or any employee of the agency, out as a provider of
			 nonmedical home health services unless the agency or nonagency provider holds
			 either a current, valid license to provide nonmedical home health services, or
			 a current, valid license to provide skilled home health services, issued under
			 this chapter.
(E)
								Whoever violates this rule as section
			 3740.02 of the Revised Code is
			 guilty of a misdemeanor of the second degree on a first offense; for each
			 subsequent offense, the person is guilty of a misdemeanor of the first
			 degree.
Replaces: 3701-60-02
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-04 - Enforcement

Current through all regulations passed and filed through July 1, 2024
(A)
								Subject to Chapter 119. of the Revised Code, the
			 director may deny, suspend, or revoke a license if the licensee:
(1)
									Made any material
			 misrepresentation in the application for licensure;
(2)
									Fails to timely
			 renew it's license; or
(3)
									No longer meets the requirements of Chapter 3740. of
			 the Revised Code or this chapter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-05 - State and national database review

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 provided for in paragraph (H) of rule
			 3701-60-06 of the Administrative
			 Code, and prior to conducting a criminal records check, the chief administrator
			 or their designee of a home health agency shall conduct, with respect to each
			 applicant for a position involving the provision of direct care and each
			 employee who provides direct care, a check of the following databases:
(1)
									The "System for
			 Award Management" maintained by the United States general services
			 administration, available at
http://www.sam.gov/
;
(2)
									The list of excluded individuals and entities
			 maintained by the office of inspector general in the United States department
			 of health and human services, available at
http://exclusions.oig.hhs.gov/
;
(3)
									The registry of employees guilty of abuse, neglect, or
			 misappropriation maintained by the Ohio department of developmental
			 disabilities, available at
https://its.prodapps.dodd.ohio.gov/ABR_Default.aspx
;
(4)
									The sex offender and child-victim database maintained
			 by the Ohio attorney general, available at
http://www.icrimewatch.net/index.php?AgencyID=55149&disc=
;
(5)
									The
			 database of inmates maintained by the Ohio department of rehabilitation and
			 correction, available at
https://appgateway.drc.ohio.gov/OffenderSearch
; and
(6)
									The Ohio nurse aide registry, maintained by the Ohio
			 department of health, available at
https://odhgateway.odh.ohio.gov/nar/nar_registry_search.aspx
. If an applicant does not present proof of having been a
			 resident of this state for the five year period immediately prior to the date
			 of the database review, the chief administrator of a home health agency or his
			 designee shall conduct a database review of the nurse aide registry in the
			 state or states in which the applicant has lived.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-06 - Requirements for criminal records check

Current through all regulations passed and filed through July 1, 2024
(A)
								The chief
			 administrator of a home health agency or their designee shall request that the
			 superintendent conduct a criminal records check with respect to each applicant
			 for a direct care position.
(B)
								The chief
			 administrator of a home health agency or their designee shall conduct a
			 criminal background check on employees who provide direct care as
			 follows:
(1)
									For
			 employees hired prior to January 1, 2008, no later than thirty days after the
			 anniversary of the employee's date of hire and at least every five years
			 thereafter; or
(2)
									For employees hired on or after January 1, 2008, no
			 later than thirty days after the fifth anniversary of the employee's date of
			 hire and at least every five years thereafter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-07 - Conditional employment

Current through all regulations passed and filed through July 1, 2024
(A)
								A home health
			 agency may employ an applicant conditionally prior to obtaining a criminal
			 records check regarding the applicant if the:
(1)
									Review of the
			 state and national databases required by rule
			 3701-60-05 of the Administrative
			 Code does not reveal any disqualifying information;
(2)
									The applicant
			 provides the home health agency with a completed fingerprint impression sheet
			 before the commencement of the applicant's conditional employment;
			 and
(3)
									Chief administrator of the home health agency requests
			 the criminal records check required by rule
			 3701-60-06 of the Administrative
			 Code not later than five business days after the applicant begins conditional
			 employment; or
(4)
									Applicant is referred to the home health agency by an
			 employment service, the employment service or the applicant provides the chief
			 administrator of the agency a letter that is on the letterhead of the
			 employment service, the letter is dated and signed by a supervisor or another
			 designated official of the employment service, and the letter states all of the
			 following:
(a)
										That the employment service has requested the superintendent
			 to conduct a criminal records check regarding the applicant;
(b)
										That the
			 requested criminal records check is to include a determination of whether the
			 applicant has been convicted of, pleaded guilty to, or been found eligible for
			 intervention in lieu of conviction for a disqualifying offense;
(c)
										That the
			 employment service has not received the results of the criminal records check
			 as of the date set forth on the letter; and
(d)
										That the
			 employment service promptly will send a copy of the results of the criminal
			 records check to the chief administrator of the home health agency when the
			 employment service receives the results.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-10 - Records and reports

Current through all regulations passed and filed through July 1, 2024
(A)
								Criminal record
			 check disclosure. The report of the criminal records check conducted pursuant
			 to a request made under this chapter is not a public record for the purposes of
			 section 149.43 of the Revised Code and
			 shall not be made available to any person other than the following:
(1)
									The applicant or
			 employee who is the subject of the criminal records check or the applicant or
			 employee's representative;
(2)
									The chief
			 administrator of the home health agency requesting the criminal records check
			 or the administrator's representative;
(3)
									The administrator
			 of any other facility, agency, or program that provides direct care to
			 individuals that is owned or operated by the same entity that owns or operates
			 the home health agency that requested the criminal records
			 check;
(4)
									The employment service that requested the
			 check;
(5)
									The director of health or the director's
			 designee;
(6)
									The director of aging or the director's designee if
			 either of the following apply:
(a)
										In the case of a criminal records check requested by a
			 home health agency, the home health agency also is a community-based long-term
			 care agency; or
(b)
										In the case of a criminal records check requested by an
			 employment service, the employment service makes the request for an applicant
			 or employee the employment service refers to a home health agency that also is
			 a community-based long-term care agency;
(7)
									The director of
			 job and family services and the staff of the department of job and family
			 services who are involved in the administration of the medicaid program if
			 either of the following apply:
(a)
										In the case of a criminal records check requested by a
			 home health agency, the home health agency also is a waiver
			 agency;
(b)
										In the case of a criminal records check requested by an
			 employment service, the employment service makes the request for an applicant
			 or employee the employment service refers to a home health agency that also is
			 a waiver agency;
(8)
									Any court,
			 hearing officer or other necessary individual involved in a case dealing any of
			 the following:
(a)
										A denial of employment of the applicant or dealing with
			 employment employee;
(b)
										Employment or unemployment benefits of the applicant or
			 employee;
(c)
										A civil or criminal action regarding the medicaid
			 program.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-60 - Home Health Agencies › Section 3701-60-11 - Liability; compliance action

Current through all regulations passed and filed through July 1, 2024
(A)
								In a tort or
			 other civil action for damages that is brought as the result of an injury,
			 death or loss to person or property caused by an applicant or employee who a
			 home health agency employs in a position that involves providing direct care to
			 an individual, the following shall apply:
(1)
									If the home
			 health agency employed the applicant or employee in good faith and reasonable
			 reliance on the report of a criminal records check requested under this
			 chapter, the home health agency shall not be found negligent solely because of
			 its reliance on the report, even if the information in the report is determined
			 later to have been incomplete or inaccurate;
(2)
									If the home
			 health agency employed the applicant in good faith on a conditional basis
			 pursuant to rule
			 3701-60-07 of the Administrative
			 Code, the home health agency shall not be found negligent solely because it
			 employed the individual prior to receiving the report of a criminal records
			 check requested under this chapter;
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks › Section 3701-61-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter of the Ohio Administrative Code:
(A) "Department" means the Ohio department of
			 health.
(B) "Director" means the
			 director of the Ohio department of health.
(C) "Distinct part" means the portion of the
			 home that is authorized by division (B)(1)(a) of section
			 5165.08 of the Revised
			 Code.
(D) "Dually certified part"
			 means that portion of the facility that is certified for both medicare and
			 medicaid.
(E) "Home," "resident,"
			 "medicare," "medicaid," "facility" and "sponsor" have the same meanings as
			 defined in section 3721.10 of the Revised
			 Code.
(F) "Resident transfer" means
			 any of the following:
(1) The movement of a
			 resident from the home where the resident currently resides to another health
			 care facility;
(2) The movement of
			 a resident from a dually certified portion of the facility to a distinct part
			 of the facility;
(3) The movement of a resident from a
			 distinct part of the facility to a part of the facility that is not certified
			 for participation in medicaid or medicare; or
(4)
									The transfer of a
			 resident under this paragraph constitutes a transfer for the purposes of
			 challenges under rule
			 3701-61-02 of the Administrative
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks › Section 3701-61-02 - Right to challenge transfer or discharge

Current through all regulations passed and filed through July 1, 2024
(A) A home may transfer or discharge a
			 resident, in the absence of a request from the resident, only for the following
			 reasons:
(1) The resident's health has
			 improved sufficiently so that the resident no longer needs the services
			 provided by the home;
(2) The
			 welfare and needs of the resident cannot be met in the home;
(3) The resident has failed, after receiving
			 reasonable and appropriate notice, to pay or to have the medicare or medicaid
			 program pay on the resident's behalf, for the care provided by the home. A
			 resident will not be considered to have failed to have the
			 resident's care paid for if the resident has applied for medicaid, unless both
			 of the following are the case:
(a) The
			 resident's application, or a substantially similar previous application, has
			 been denied by the county department of job and family services;
(b) If the resident appealed the denial
			 pursuant to division (C) of section
			 5101.35 of the Revised Code, the
			 director of job and family services has upheld the denial. If the resident has
			 appealed the denial of medicaid and the appeal or review process is still
			 pending with medicaid, or if the resident has submitted an amended or
			 substitute application with medicaid that is accepted for review by that
			 agency, the facility will not initiate discharge proceedings.
(4) The home's license has been
			 revoked under Chapter 3721. of the Revised Code;
(5) The home is being closed pursuant to
			 section 3721.08, sections
			 5165.60 to
			 5165.89 or section
			 5155.31 of the Revised Code, or
			 the home otherwise ceases to operate;
(6) The resident is a recipient of medicaid
			 and the home's participation in the medicaid program is involuntarily
			 terminated or denied;
(7) The
			 resident is a beneficiary under the medicare program and the home's
			 participation in the medicare program is involuntarily terminated or
			 denied;
(8) The safety of
			 individuals in the home is endangered due to the
			 clinical or behavioral status of the resident;
(9) The health of individuals in the home
			 would otherwise be endangered.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks › Section 3701-61-03 - Notice and hearing request standards

Current through all regulations passed and filed through July 1, 2024
(A) The administrator of the home
			 is obligated
			 to notify a resident in writing, and the resident's sponsor or legal
			 representative in writing by certified mail, return receipt requested, in
			 advance of any proposed transfer or discharge from the home.
			 In addition to, but not in place of, the written
			 notification by certified mail, the administrator of the home may provide a
			 copy of the written notice through electronic mail to the resident, resident's
			 sponsor or legal representative. The administrator
			 is obligated
			 to send a copy of the notice to the department. The
			 administrator of the home is obligated to provide
			 the notice  to the
			 resident, and the resident's sponsor or legal representative, at least thirty
			 days in advance of the proposed transfer or discharge, unless any of the
			 following apply:
(1) The resident's health has
			 improved sufficiently to allow a more immediate discharge or transfer to a less
			 skilled level of care;
(2) The
			 resident has resided in the home less than thirty days.
(3) An emergency arises in which the safety
			 of individuals in the home is endangered;
(4) An emergency arises in which the health
			 of individuals in the home would otherwise be endangered;
(5) An emergency arises in which the
			 resident's urgent medical needs necessitate a more immediate transfer or
			 discharge.
In any of the circumstances described in paragraphs (A)(1) to
				(A)(5) of this rule, the notice will be provided as many days in advance of the of the
				proposed transfer or discharge as is practicable. The administrator
				is obligated
				to obtain written acknowledgment of receipt of the notice from the
				resident unless the resident is unable to acknowledge receipt.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks › Section 3701-61-05 - Transfer and discharge responsibilities of the home

Current through all regulations passed and filed through July 1, 2024
(A) If a resident is transferred or
			 discharged pursuant to section
			 3721.16 of the Revised Code, the
			 home from which the resident is being transferred or discharged
			 is obligated
			 to provide the resident with adequate preparation prior to the transfer
			 or discharge to ensure a safe and orderly transfer or discharge from the
			 home, including proper arrangements for applicable
			 medication, equipment, health care services, and other necessary
			 services. The home or alternative setting to which the resident is to be
			 transferred or discharged is obligated to have accepted the resident for
			 transfer or admission and determined to be able to meet
			 the resident's applicable health care and safety needs.
(B) At the time of a transfer or discharge of
			 a resident who is a recipient of medicaid from a home to a hospital or for
			 therapeutic leave, the home is obligated to provide notice in writing to the
			 resident,  in writing by certified mail,
			 return receipt requested, and electronic mail if an
			 electronic mail address is available, to the resident's sponsor or legal
			 representative, specifying the number of days, if any, during which the
			 resident will be permitted under the medicaid program to return and resume
			 residence in the home and specifying the medicaid program's coverage of the
			 days during which the resident is absent from the home. The home is obligated to give priority for the first
			 available bed in a semi-private room to an
								 individual who is absent from a home for more
			 than the number of days specified in the notice and continues to require the
			 services provided by the home.
(C) At the time of a transfer or discharge of
			 a resident who is not a recipient of medicaid from a home to a hospital or for
			 therapeutic leave, the home is obligated to provide notice in writing to the
			 resident,  in writing by certified mail,
			 return receipt requested, and electronic mail if an
			 electronic mail address is available, to the resident's sponsor or legal
			 representative, specifying the home's written policy regarding the resident's
			 option to pay privately in order to hold a bed until the resident is able to
			 return.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks › Section 3701-61-07 - Room changes

Current through all regulations passed and filed through July 1, 2024
(A)
								The home is
			 obligated to provide the resident and the resident's sponsor with as much
			 notice as possible before the resident's room is changed, including an
			 explanation of the reason for the change.
(B)
								The home may
			 provide notice in accordance with paragraph (C) of this rule if the reason for
			 the room change is due to one of the following situations:
(1)
									The resident to
			 be relocated no longer needs the specialized medical services or programs that
			 are the focus of the area of the home where the resident is currently
			 residing;
(2)
									The resident to be relocated needs the specialized
			 medical services or programs that are the focus of the area of the home to
			 where the resident is to be relocated; or
(3)
									Another resident
			 or prospective resident needs access to the specialized medical equipment no
			 longer needed by the resident to be relocated, if the medical equipment is the
			 type that cannot be moved from the room.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter, unless the context clearly requires
				otherwise:
(A)
								"Authorized health care provider" means a health care
			 provider that is authorized to sign a do-not-resuscitate order form for a
			 person and is limited to the person's:
(1)
									Attending
			 physician as defined in paragraph (C) of this rule;
(2)
									Advanced practice
			 registered nurse as defined in paragraph (B) of this rule and the action is
			 taken by:
(a)
										A
			 certified nurse practitioner, certified nurse midwife, or clinical nurse
			 specialist pursuant to a standard care arrangement with a collaborating
			 physician; or
(b)
										A certified registered nurse anesthetist under the
			 supervision and direction of a physician.
(3)
									Physician
			 assistant as defined in paragraph (U) of this rule and the action is taken
			 pursuant to a supervision agreement with a supervising physician pursuant to
			 section 4730.19 of the Revised Code or
			 the policies of a health care facility in which the PA is
			 working.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-02 - Authority of advanced practice registered nurses and physician assistants

Current through all regulations passed and filed through July 1, 2024
(A) A person who
			 holds a current, valid license
								 issued under
			 
								Chapter
			 4723. of the Revised Code to
			 practice as an advanced practice registered nurse may take any action
			 that may be taken by an attending physician under sections
			 2133.21 to
			 2133.26 of the Revised Code and
			 this chapter and has the immunity provided by section
			 2133.22 of the Revised Code and
			 rule
			 3701-62-03
			 of the Administrative Code if the action is taken pursuant to a standard care
			 arrangement with a collaborating physician or, if the
			 APRN is a certified registered nurse anesthetist, under the supervision and
			 direction of a physician.
(B)
			 A person who holds a license to practice as a
			 physician assistant pursuant
			 to Chapter 4730. of the Revised Code may take any action that may be
			 taken by an attending physician under sections
			 2133.21 to
			 2133.26 of the Revised Code and
			 this chapter and has the immunity provided by section
			 2133.22 of the Revised Code and
			 rule
			 3701-62-03
			 of the Administrative Code if the action is taken pursuant to a
			 supervision agreement with a supervising physician
								 pursuant to section
			 
									4730.19
								 of the Revised
			 Code or the policies of a health care facility in which the PA is
			 working.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-03 - Immunity from criminal prosecution, civil liability, and professional disciplinary action

Current through all regulations passed and filed through July 1, 2024
(A) Persons with DNR identification.
(1) None of the persons listed in paragraph
			 (A)(2) of this rule are subject to any of the following arising out of or
			 relating to the withholding or withdrawal of CPR from a person after DNR
			 identification is discovered in the person's possession and reasonable efforts
			 have been made to determine that the person in possession of the DNR
			 identification is the person named on the DNR identification:
(a) Criminal prosecution;
(b) Liability in damages in a tort or other
			 civil action for injury, death, or loss to person or property; or
(c) Professional disciplinary
			 action.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-04 - Do-not-resuscitate identification

Current through all regulations passed and filed through July 1, 2024
(A) The following items are approved as DNR
			 identification:
(1) A do-not-resuscitate order
			 documented on the state of Ohio DNR order form
			 depicted in appendix A to this rule. This form may be reproduced as
			 needed;
(2)
									A
			 copy of an individual's living will declaration
									 that
			 includes language that authorizes the withholding
			 or withdrawal of CPR  that has not been
			 revoked pursuant to section
			 2133.04 of the Revised Code and
			 that the declaration has become operative in accordance with section
			 2133.03 of the Revised
			 Code;
(3) A transparent
			 hospital-type bracelet with an insert containing the
			 logo and the individual's identifying information as depicted in appendix
			 B to this rule;
(4) A necklace
			 bearing both the logo depicted in appendix C to this rule and the person's
			 name. If the person is a "DNR Comfort Care - Arrest" patient as specified in
			 rule
			 3701-62-05
			 of the Administrative Code, the necklace shall also include the word "arrest"
			 ;
(5) A bracelet bearing both the logo depicted
			 in appendix C to this rule and the person's name. If the person is a "DNR
			 Comfort Care - Arrest" patient as specified in rule
			 3701-62-05
			 of the Administrative Code, the bracelet shall also include the word "arrest"
			 ;
(6) A wallet card bearing the logo and the individual's identifying
			 information as depicted in appendix D to this rule. This card may be
			 reproduced as needed; and
(7) A
			 printed form of a living will declaration sold or
			 otherwise distributed in accordance with section
			 2133.07 of the Revised Code, if
			 the declarant specifies on the form that the declarant wishes to use it as DNR
			 identification.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-05 - Do-not-resuscitate protocol

Current through all regulations passed and filed through July 1, 2024
(A)
								The appendix to
			 this rule shall constitute the do-not-resuscitate protocol for the state of
			 Ohio.
(B)
								Under the protocol, a person can be a "DNR Comfort
			 Care" patient or a "DNR Comfort Care - Arrest" patient. The DNR protocol is
			 activated:
(1)
									For a "DNR Comfort Care" patient when:
(a)
										A DNR order is
			 issued; or
(b)
										A living will declaration that includes a directive
			 that the declarant not receive CPR becomes operative under section
			 2133.03 of the Revised
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-06 - Revocation of DNR identification or DNR order

Current through all regulations passed and filed through July 1, 2024
(A) A person with DNR identification or a DNR
			 order may revoke his or her DNR status by an oral or written request to receive
			 CPR.
(B) A person with DNR
			 identification may revoke his or her DNR identification by doing any of the
			 following:
(1) In the case of a form or
			 wallet card listed in paragraph (A)(1)  or (A)(6) of rule
			 3701-62-04
			 of the Administrative Code, by destroying the DNR
			 orderform or wallet card;
(2)
			 In the case of a bracelet or necklace as listed in
			 paragraphs (A)(3), (A)(4), or (A)(5) of rule
			 3701-62-04
			 of the Administrative Code, by permanently removing the bracelet or
			 necklace; or
(3) In the case of a
			 living will declaration or printed form of a living will declaration listed in
			 paragraph (A)(7) of rule
			 3701-64-04 of
			 the Administrative Code that includes a specification that the declarant
			 wishes to use it as DNR identification, by revoking the declaration in
			 accordance with section
			 2133.04 of the Revised
			 Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-07 - Emergency medical services personnel; compliance with DNR protocol

Current through all regulations passed and filed through July 1, 2024
(A)
								If emergency medical services personnel, other than
			 physicians, are presented with DNR identification possessed by a person, or are
			 presented with a written do-not-resuscitate order for a person, or if an
			 authorized health care provider directly issues an oral do-not-resuscitate
			 order for a person to emergency medical services personnel other than
			 physicians, the emergency medical services personnel shall comply with the
			 do-not-resuscitate protocol for the person.
(B)
								If an oral
			 do-not-resuscitate order is issued by an authorized health care provider, who
			 is not present at the scene, the emergency medical services personnel shall
			 verify the authorized health care provider's identity. Methods of verification
			 include but are not limited to the following:
(1)
									 Personal
			 knowledge of the authorized health care provider by emergency medical services
			 personnel;
(2)
									A list of authorized health care providers with other
			 identifying information such as addresses; or
(3)
									A return
			 telephone call to verify information provided.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-08 - Attending physician, PA, APRN, or health care facility unwilling or unable to comply with DNR protocol

Current through all regulations passed and filed through July 1, 2024
If a person possesses DNR identification and if the person's
				attending physician, APRN,  PA,
								 or the health care facility in which the
				person is located is unwilling or unable to comply with the do-not-resuscitate
				protocol for the person, the attending physician, APRN,
				 PA , or the health care facility shall not
				prevent or attempt to prevent, or unreasonably delay or attempt to delay, the
				transfer of the person to a different physician, APRN, or PA
				 who will follow the protocol or to a
				different health care facility in which the protocol will be followed.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-62 - Do Not Resuscitate (DNR) Protocol › Section 3701-62-09 - Transfer of person between health care facilities: forwarding of DNR order

Current through all regulations passed and filed through July 1, 2024
(A)
								If a person who possesses DNR identification or for
			 whom a current do-not-resuscitate order issued by an authorized health care
			 provider has been issued is being transferred from one health care facility to
			 another, before or at the time of the transfer, the transferring health care
			 facility shall:
(1)
									Notify the receiving health care facility of the
			 existence of the DNR identification or the current do-not-resuscitate order
			 issued by an authorized health care provider; and
(2)
									Notify the
			 persons transporting the person, including, emergency medical services, private
			 ambulance services, or other patient transport services, of the existence of
			 the DNR identification or the current do-not-resuscitate order issued by an
			 authorized health care provider.