(A) The operator of a nursing home shall
submit an initial application and pay the application fee specified in section
3721.02 of the Revised Code. The
initial application and the application fee required under this paragraph shall
be submitted to the director and the fee shall be made payable to the
"treasurer, state of Ohio" in the form of a check or money order. The
department shall deposit the fee in the state treasury to the credit of the
general operations fund created by section
3701.83 of the Revised Code, and
the fee shall not be refunded.
(B)
Every applicant for a license to operate a nursing home shall truthfully and
fully complete and submit an application to the director not less than sixty
days before the proposed opening of the nursing home. Such application shall be
made on a form prescribed and furnished by the director.
(C) The initial application for a license to
operate a nursing home shall be accompanied by:
(1) A statement by the applicant of the
status of the proposed nursing home under any applicable zoning ordinances or
rules, or a statement by the applicant that there is no zoning authority where
the proposed home is to be located.
(2) A statement of financial solvency at the
time of initial application, on a form prescribed and furnished by the
director, showing that the applicant has the financial ability to staff, equip,
and operate the nursing home in accordance with Chapter 3721. of the Revised
Code, and rules
3701-17-01 to
3701-17-26 of the
Administrative Code, and that the applicant has sufficient capital or financial
reserve to cover not less than four months' operation.
(3) A statement containing the following
information:
(a) If the operator is an
individual and owner of the business, the individual's name, address, and
telephone number. If the operator of the business is owned by an association,
corporation, or partnership, the business activity, address, and telephone
number of the entity and the name of every person who has an ownership interest
of five per cent or more in the entity;
(b) If the operator does not own the building
or buildings or if the operator owns only part of the building or buildings in
which the nursing home is housed, the name of each person who has an ownership
interest of five per cent or more in the buildings;
(c) If the operator does not own the legal
rights associated with the ownership and operation of the nursing homes beds,
the name of each person who has an ownership interest of five per cent or more
in the nursing home beds;
(d) The
name and address of any nursing home and any facility described in divisions
(A)(1)(a) and (A)(1)(c) of section
3721.01 of the Revised Code in
which the operator or administrator, or both, have an ownership interest of
five per cent or more or with which the operator or administrator have been
affiliated with through ownership or employment in the five years prior to the
date of the application;
(e) The
name, business address and telephone number of the administrator of the nursing
home, if different from the operator;
(f) The name, business address and telephone
number of any management firm or business employed to manage the nursing
home;
(g) The name, business
address, and telephone number of the statutory agent of the operator;
and
(h) The name, business address,
and telephone number of the statutory agent of the owner of the legal rights
associated with the ownership and operation of the nursing home beds.
(4) Copies of the certificate of
use required by paragraph (A) of rule
3701-17-22
of the Administrative Code.
The operator or administrator shall notify the director in
writing of any changes in the information contained in this paragraph. The
operator or administrator shall provide this notification no later than ten
days after the change occurs.
(D) The operator of a nursing home shall
truthfully and fully submit a license renewal application and pay the renewal
fee specified in section
3721.02 of the Revised Code. The
renewal application and the renewal fee required under this paragraph shall be
submitted using an electronic system prescribed by the director. The department
shall deposit the fee in the state treasury to the credit of the general
operations fund created by section
3701.83 of the Revised Code, and
the fee shall not be refunded.
(E)
The renewal application shall:
(1) Include an
update of the information required under paragraphs (C)(2) and (C) (3) of this
rule; and
(2) Provide information
the director may require to assess whether the operator has violated section
3721.07 of the Revised Code.
The operator or administrator shall notify the director in
writing of any changes in the information contained in this paragraph. The
operator or administrator shall provide this notification no later than ten
days after the change occurs.
(F) The director may request additional
information at any time which the director determines to be necessary to assess
compliance with the applicable criteria, standards, and requirements
established by Chapter 3721. of the Revised Code and rules
3701-17-01 to
3701-17-26 of the
Administrative Code. The applicant shall truthfully respond and submit any
additional information requested by the director within sixty days of the
director's request unless the director specifies otherwise.
(G) The license to operate a nursing home
shall be issued by the director in accordance with Chapter 3721. of the Revised
Code, and shall remain in effect until revoked by the director or voided at the
request of the applicant; provided, the annual renewal fee is paid during the
month of January of each year. Any nursing home that does not pay its renewal
fee in January shall pay, beginning the first day of February, a late fee of
one hundred dollars for each week or part thereof that renewal fee is not paid.
If either the renewal fee or the late fee is not paid by the fifteenth day of
February, the director may, in accordance with Chapter 119. of the Revised
Code, revoke the nursing home's license.
(H) A license to operate a nursing home is
not assignable or transferable and is valid only for the operator and premises
named in the application except as otherwise permitted under section
3721.023 of the Revised Code. If
ownership of a home is assigned or transferred to a different person, the new
owner is responsible and liable for compliance with any notice of proposed
action or order issued under section
3721.08 of the Revised Code
prior to the effective date of the assignment or transfer.
(I) An operator who operates one or more
nursing homes in more than one building shall obtain a separate license for
each building except if such buildings are on the same lot and constitute a
single nursing home, such nursing home may be operated under a single license.
However, no nursing home shall be licensed in the same
building as another nursing home.
(J) The license shall be posted in a
conspicuous place in the nursing home.
(K) The director may issue an order revoking
a license in the event the director finds, upon hearing or opportunity afforded
pursuant to Chapter 119. of the Revised Code, that any of the following apply
to a person licensed under section
3721.07 of the Revised Code:
(1) Has violated any of the provisions of
Chapter 3721. of the Revised Code or of rules
3701-17-01 to
3701-17-26 of the
Administrative Code;
(2) Has
violated any order issued by the director;
(3) Is not, or any of its principals are not
suitable, morally or financially, to operate such an institution;
(4) Is not furnishing humane, kind, and
adequate treatment and care; or
(5)
Has had a long-standing pattern of violations of Chapter 3721. of the Revised
Code, of rules
3701-17-01 to
3701-17-26 of the
Administrative Code, of Chapter 3701-13 of the Administrative Code, or of
Chapter 3701-60 of the Administrative Code that has caused physical, emotional,
mental, or psychosocial harm to one or more residents.
(L) The director may issue an order denying a
license in the event the director finds after investigation of the applicant
and, if required by section
3721.02 of the Revised Code,
inspection of the home, one or more of the following conditions exist:
(1) The applicant has been convicted of a
felony or a crime involving moral turpitude;
(2) The applicant is violating any of the
rules made by the
public health council
director or any order issued by the director of
health;
(3) The applicant has had
a license to operate the home revoked pursuant to section
3721.03 of the Revised Code,
other than division (B)(5) of section
3721.03 of the Revised Code,
because of any act or omission that jeopardized a resident's health, welfare,
or safety;
(4) The buildings in
which the home is housed have not been approved by the state fire marshal or a
township, municipal, or other legally constituted fire department approved by
the marshal. In the approval of a home such agencies shall apply standards
prescribed by the board of building standards, and by the state fire marshal,
and by section 3721.071 of the Revised
Code;
(5) The applicant, if it is
an individual, or the principal participants, if it is an association or a
corporation, is or are not suitable financially and morally to operate a
home;
(6) The applicant is not
equipped to furnish humane, kind, and adequate treatment and care;
(7) The home maintains or contains:
(a) Facilities for the performance of major
surgical procedures;
(b) Facilities
for providing therapeutic radiation;
(c) An emergency ward;
(d) A clinical laboratory unless it is under
the supervision of a clinical pathologist who is a licensed physician in this
state; or
(e) Facilities for
radiological examinations unless such examinations are performed only by a
person licensed to practice medicine, surgery, or dentistry in this
state;
(8) The home
accepts or treats outpatients, except upon the written orders of a physician
licensed in this state, maternity cases, boarding children, or houses transient
guests, other than participants in an adult day-care program, for twenty-four
hours or less; or
(9) The home is
not in compliance with sections
3721.28 and
3721.29 of the Revised
Code.
(M) Upon the
issuance of any order of revocation or denial, the person whose license is
revoked or denied may appeal in accordance with Chapter 119. of the Revised
Code.
(N) Once the director
notifies a person licensed to operate a home that the license may be revoked or
issues any order under section
3721.03 of the Revised Code or
under this rule, the person shall not assign or transfer to another person or
entity the right to operate that home. This prohibition shall remain in effect
until proceedings under Chapter 119. of the Revised Code concerning the order
or license revocation have been concluded or the director notifies the person
that the prohibition has been lifted.
(1) If
a license is revoked under this rule section, the former license holder shall
not assign or transfer or consent to assignment or transfer of the right to
operate the home. Any attempted assignment or transfer to another person or
entity is void.
(2) On revocation
of a license, the former license holder shall take all necessary steps to cease
operation of the home.
(O) If, under division (B)(5) of section
3721.03 of the Revised Code, the
license of a person has been revoked, the director of health shall not issue a
license to the person or home at any time. A person whose license is revoked
for any reason other than nonpayment of the license renewal fee or late fees
may not apply for a new license under Chapter 3721. of the Revised Code until a
period of one year following the date of revocation has elapsed.
(P) When closing a home, the operator shall
provide the director written notification of closure at least ninety days prior
to the proposed closing date. This notice shall include:
(1) An address where the operator may be
reached after the closing of the home;
(2) A plan for the transfer and adequate
relocation of all residents; and
(3) Assurances that the residents will be
transferred to the most integrated and appropriate facility or other setting in
terms of quality, services, and location, taking into consideration the needs,
choice, and best interests of each resident.
(Q) While providing a written notification of
closure under paragraph (O) of this rule, the operator shall, in accordance
with Chapter 3701-61 of the Administrative Code, also provide written notice of
the proposed date of closing of the home to its residents and their sponsors or
legal representatives and the regional long-term care ombuds person program,
designated under section
173.16 of the Revised Code,
serving the area where the home is located.
(R) The nursing home shall include in all
official correspondence with the department pertaining to the home, its name,
address and license number as it appears on the nursing home license.