3722.16 Prohibited acts.
3722.16 Prohibited acts.
(A) No person shall:
(1) Operate an adult care facility unless the facility is validly licensed by the director of health under section 3722.04 of the Revised Code;
(2) Admit to an adult care facility more residents than the number authorized in the facility’s license;
(3) Admit a resident to an adult care facility after the director has issued an order pursuant to section 3722.07 of the Revised Code suspending admissions to the facility. Violation of division (A)(3) of this section is cause for revocation of the facility’s license.
(4) Interfere with any authorized inspection of an adult care facility conducted pursuant to section 3722.02 or 3722.04 of the Revised Code;
(5) Admit to an adult care facility a resident requiring publicly funded mental health services, unless both of the following conditions are met:
(a) The ADAMHS board serving the alcohol, drug addiction, and mental health service district in which the facility is located is notified;
(b)The facility and ADAMHS board have entered into a mental health resident program participation agreement by using the standardized form approved by the director of mental health under section 5119.613 of the Revised Code.
(6) Violate any of the provisions of this chapter or any of the rules adopted pursuant to it.
(B) No adult care facility shall provide, or admit or retain any resident in need of, skilled nursing care unless all of the following conditions are met:
(1) The care will be provided on a part-time, intermittent basis for not more than a total of one hundred twenty days in any twelve-month period.
(2)The care will be provided by one or more of the following:
(a) A home health agency certified under Title XVIII of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;
(b) A hospice care program licensed under Chapter 3712. of the Revised
Code;
(c) A nursing home licensed under Chapter 3721. of the Revised Code and owned and operated by the same person and located on the same site as the adult care facility;
(d) A mental health agency or, pursuant to division (A)(8)(b) of section 340.03 of the Revised Code, an ADAMHS board .
(3) Each individual employed by, under contract with, or otherwise used by any of the entities specified in division (B)(2) of this section to perform the skilled nursing care is authorized under the laws of this state to perform the care by being appropriately licensed, as specified in rules adopted under division (G) of this section.
(4) The staff of the one or more entities providing the skilled nursing care does not train the adult care facility staff to provide the skilled nursing care;
(5) The individual to whom the skilled nursing care is provided is suffering from a short-term illness;
(6) If the skilled nursing care is to be provided by the nursing staff of a nursing home, all of the following are the case:
(a) The adult care facility evaluates the individual receiving the skilled nursing care at least once every seven days to determine whether the individual should be transferred to a nursing home;
(b) The adult care facility meets at all times staffing requirements established by rules adopted under section 3722.10 of the Revised Code;
(c) The nursing home does not include the cost of providing skilled nursing care to the adult care facility residents in a cost report filed under section 5111.26 of the Revised Code;
(d) The nursing home meets at all times the nursing home licensure staffing ratios established by rules adopted under section 3721.04 of the Revised Code;
(e) The nursing home staff providing skilled nursing care to adult care facility residents are registered nurses or licensed practical nurses licensed under Chapter 4723. of the Revised Code and meet the personnel qualifications for nursing home staff established by rules adopted under section 3721.04 of the Revised Code;
(f) The skilled nursing care is provided in accordance with rules established for nursing homes under section 3721.04 of the Revised Code;
(g) The nursing home meets the skilled nursing care needs of the adult care facility residents;
(h) Using the nursing home’s nursing staff does not prevent the nursing home or adult care facility from meeting the needs of the nursing home and adult care facility residents in a quality and timely manner.
(7) No adult care facility staff shall provide skilled nursing care.
Notwithstanding section 3721.01 of the Revised Code, an adult care facility in which residents receive skilled nursing care as described in division (B) of this section is not a nursing home.
(C) A home health agency or hospice care program that provides skilled nursing care pursuant to division (B) of this section may not be associated with the adult care facility unless the facility is part of a home for the aged as defined in section 5701.13 of the Revised Code or the adult care facility is owned and operated by the same person and located on the same site as a nursing home licensed under Chapter 3721. of the Revised Code that is associated with the home health agency or hospice care program. In addition, the following requirements shall be met:
(1) The adult care facility shall evaluate the individual receiving the skilled nursing care not less than once every seven days to determine whether the individual should be transferred to a nursing home;
(2) If the costs of providing the skilled nursing care are included in a cost report filed pursuant to section 5111.26 of the Revised Code by the nursing home that is part of the same home for the aged, the home health agency or hospice care program shall not seek reimbursement for the care under the medical assistance program established under Chapter 5111. of the Revised Code.
(D) No person knowingly shall place or recommend placement of any person in an adult care facility that is operating without a license.
(E) No employee of a unit of local or state government, ADAMHS board , mental health agency, or PASSPORT administrative agency shall place or recommend placement of any person in an adult care facility if the employee knows any of the following:
(1)That the facility cannot meet the needs of the potential resident;
(2)That placement of the resident would cause the facility to exceed its licensed capacity;
(3) That an enforcement action initiated by the director of health is pending and may result in the revocation of or refusal to renew the facility’s license;
(4) That the potential resident is receiving or is eligible for publicly funded mental health services and the facility has not entered into a mental health resident program participation agreement.
(F) No person who has reason to believe that an adult care facility is operating without a license shall fail to report this information to the director of health.
(G) In accordance with Chapter 119. of the Revised Code, the public health council shall adopt rules for purposes of division (B) of this section that do all of the following:
(1)Define a short-term illness for purposes of division (B)(5) of this section ;
(2)Specify, consistent with rules pertaining to home health care adopted by the director of job and family services under the medical assistance program established under Chapter 5111. of the Revised Code and Title XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, what constitutes a part-time, intermittent basis for purposes of division (B)(1) of this section;
(3)Specify what constitutes being appropriately licensed for purposes of division (B)(3) of this section.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
Effective Date: 09-05-2001