5123.193 Residential facility license plan approval not required in certain instances.
5123.193 Residential facility license plan approval not required in certain instances.
An applicant for a residential facility license under section 5123.19 of the Revised Code is not required to obtain approval of a plan for the proposed residential facility pursuant to section 5123.042 of the Revised Code if all of the following apply:
(A) All of the following apply to the facility for which the residential facility license is sought:
(1) It is licensed as a nursing home under section 3721.02 of the Revised Code on the effective date of this section and the nursing home license authorizes the facility to have fifty nursing home beds.
(2) It was previously certified as an intermediate care facility for the mentally retarded before July 1, 1992.
(3) It is operated as a nonprofit organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code.
(4) Its governing board has passed a resolution to close the facility unless a residential facility license is obtained for the facility.
(B)The license application seeks authorization to operate a residential facility with not more than twenty-five beds on the same site on which the facility is operated under its nursing home license on the effective date of this section.
(C) The applicant applies to the director of health to have the facility certified as an intermediate care facility for the mentally retarded.
(D)The applicant agrees to have the nursing home’s licensed capacity reduced to not more than twenty-five nursing home beds effective on the date the director of developmental disabilities issues the residential facility license and agrees to surrender the nursing home license, ending the applicant’s right to have any nursing home beds in the facility, effective on the date the director of health certifies the facility as an intermediate care facility for the mentally retarded.
(E) The applicant provides the director of developmental disabilities assurances that the applicant will cooperate with the department of job and family services in having each resident of the facility who needs a greater or lesser level of care than intermediate care facilities for the mentally retarded provide relocated to another facility or residence that is authorized to provide the level of care the resident needs and is willing to accept the resident’s placement in the facility or residence.
(F) The applicant submits the application for the residential facility license to the director of developmental disabilities not later than one hundred twenty days after the effective date of this section.
Added by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/17/2009.