Ohio Admin. Code 3701-17-04 - Type and number of residents in home; beds
(A) The director shall determine the type and
number of residents a nursing home can accommodate which shall be the
authorized maximum licensed capacity of a nursing home. Such determination
shall be made on the basis of the physical facilities, personnel of the nursing
home and the services and care needed by the residents to be admitted or
retained in the nursing home, and the permitted occupancy approved by the
department of commerce.
(B) In
determining the number of residents in a nursing home for the purpose of
licensing, the director shall consider all the individuals for whom the home
provides accommodations as one group unless one of the following is the case:
(2)
(1)
The home is both a nursing home and an adult
care facility. In that case, all individuals in the part or unit licensed as a
nursing home shall be considered as one group and all the individuals in the
part or unit licensed as an adult care facility shall be considered as another
group;
(3)
(2)
The home maintains,
in addition to a nursing home, a separate and discrete part or unit that
provides accommodations to individuals who do not require or receive skilled
nursing care and do not receive personal care services from the home, in which
case the individuals in the separate and discrete part or unit shall not be
considered in determining the number of residents in the home if the separate
and discrete part or unit is in compliance with the Ohio building code
established by the board of building standards under Chapters 3781. and 3791.
of the Revised Code and the home permits the director, on request, to inspect
the separate and discrete part or unit and speak with the individuals residing
there, if they consent, to determine whether the separate and discrete part or
unit meets the requirements of this division;
(4)
(3)
The home provides an adult day care program on
the same site as the home, in which case the participants shall not be
considered in determining the number of residents in the home if, except as
otherwise permitted in rules
3701-17-01 to
3701-17-26 of the
Administrative Code, the program is operated in a separate area which is not
part of the licensed home.
(1) The home is seeking licensure as
a home for the aging, in which case all the individuals in the part or unit
licensed as a residential care facility shall be considered as one group and
all the individuals in the part or unit licensed as a nursing home shall be
considered another group;
(C) If the nursing home alters its physical
facilities in a manner that proposes to move existing beds to an area of the
home not previously used for this purpose or proposes to add new beds, the home
shall notify the director, in writing, at least sixty days prior to the date
the home wants to commence filling the new beds or moving existing beds. The
home shall not commence filling the new beds or moving existing beds until the
director notifies the home, in writing, that the alteration or move complies
with the applicable provisions of Chapter 3721. of the Revised Code and rules
3701-17-01 to
3701-17-26 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.011
Prior Effective Dates: 5/2/1966, 7/1/73, 12/21/92, 10/20/01, 4/1/12
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.011
Prior Effective Dates: 5/2/1966, 7/1/73, 12/21/92, 10/20/01
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