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 3701-61-06 - Complaint investigations; adjudications; penalties

Current through all regulations passed and filed through July 1, 2024
(A) Any person who
			 believes that a resident's rights under sections
			 3721.10 to
			 3721.17 of the Revised Code have
			 been violated may report or cause reports to be made of the information
			 directly to the department.
(B) In
			 accordance with division (C) of section
			 3721.17 of the Revised Code, the
			 department may investigate complaints or refer them to the home's grievance
			 committee or the attorney general for investigation, except the department
			 is obligated
			 to investigate or refer to the attorney general for investigation
			 complaints referred by a home's grievance committee and complaints alleging
			 that a home provided substantially less than adequate care or treatment, or
			 substantially unsafe conditions. Referrals to the attorney general
			 will
			 occur only if the attorney general agrees to investigate within thirty
			 days.
(C) If, after an
			 investigation, the department finds probable cause to believe that a violation
			 of sections 3721.10 to
			 3721.17 of the Revised Code or
			 of the rules, policies, or procedures adopted pursuant to those sections, has
			 occurred at a home that is certified under Title XVIII or XIX of the "Social
			 Security Act," 49 Stat. 620 (1935),
			 42 U.S.C.A.
			 301, as amended (1981), it
			 will
			 cite one or more deficiencies under sections
			 5165.60 to
			 5165.89 of the Revised Code. If
			 the home is not so certified, the department is obligated to
			 hold an adjudication hearing within thirty days under Chapter 119. of the
			 Revised Code.
(D) Upon a finding at
			 an adjudicative hearing under paragraph (C) of this rule that a violation of
			 sections 3721.10 to
			 3721.17 of the Revised Code, or
			 of rules, policies, or procedures adopted pursuant thereto, has occurred, the
			 department is
			 obligated to make an order for compliance, set a reasonable time for
			 compliance, and assess a fine pursuant to  section 
								3721.99 of the Revised
			 Code. The fine is obligated to be paid to the general revenue fund
			 only if compliance with the order is not shown to have been made within the
			 reasonable time set in the order. The department may issue an order
			 
								barring the continuation of any violation of sections
			 3721.10 to
			 3721.17 of the Revised
			 Code.
(E) Findings at the hearings
			 conducted under section
			 3721.17 of the Revised Code and
			 this rule may be appealed pursuant to Chapter 119. of the Revised Code, except
			 that an appeal may be made to the court of common pleas of the county in which
			 the home is located.
(F) The
			 department is
			 obligated to initiate proceedings in court to collect any fine assessed
			 under section 3721.17 of the Revised Code and
			 this rule which 
								remains unpaid thirty days after the violator's final
			 appeal is exhausted.