3721.022 Establishing and maintaining health standards and serving as state survey agency.
3721.022 Establishing and maintaining health standards and serving as state survey agency.
(A) As used in this section:
(1) “Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.
(2) “Deficiency” and “survey” have the same meanings as in section 5111.35 of the Revised Code.
(B) The department of health is hereby designated the state agency responsible for establishing and maintaining health standards and serving as the state survey agency for the purposes of Titles XVIII and XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The department shall carry out these functions in accordance with the regulations, guidelines, and procedures issued under Titles XVIII and XIX by the United States secretary of health and human services and with sections 5111.35 to 5111.62 of the Revised Code. The director of health shall enter into agreements with regard to these functions with the department of job and family services and the United States department of health and human services. The director may also enter into agreements with the department of job and family services under which the department of health is designated to perform functions under sections 5111.35 to 5111.62 of the Revised Code.
The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement the survey and certification requirements for skilled nursing facilities and nursing facilities established by the United States secretary of health and human services under Titles XVIII and XIX of the “Social Security Act,” and the survey requirements established under sections 5111.35 to 5111.62 of the Revised Code. The rules shall include an informal process by which a facility may obtain a review of deficiencies that have been cited on a statement of deficiencies made by the department of health under section 5111.42 of the Revised Code. The review shall be conducted by an employee of the department who did not participate in and was not otherwise involved in any way with the survey. If the employee conducting the review determines that any deficiency citation is unjustified, that determination shall be reflected clearly in all records relating to the survey.
The director need not adopt as rules any of the regulations, guidelines, or procedures issued under Titles XVIII and XIX of the “Social Security Act” by the United States secretary of health and human services.
Effective Date: 07-01-2000