Current through all regulations passed and filed through September 16, 2024
As used in rules
3701-16-01 to
3701-16-18 of the Administrative
Code:
(A) "Accommodations" means
housing, meals, laundry, housekeeping, transportation, social or recreational
activities, maintenance, security, or similar services that are not personal
care services or skilled nursing care.
(B) "Activities of daily living" means
walking and moving, bathing, grooming, toileting, oral hygiene, hair care,
dressing, eating, and nail care.
(C) "Administrator" means the person
responsible for the daily operation of the residential care facility. The
administrator and the operator may be the same person.
(D)
"Advanced
Practice Nurse" means a registered nurse authorized to practice as a certified
nurse specialist, certified registered nurse anesthetist, certified nurse
midwife or certified nurse practitioner in accordance with section
4723.41 of the Revised
Code.
(E) "Bedroom" means a
room used by a resident or residents for sleeping purposes that is either a
resident unit or a portion of a resident unit.
(F) "Complex
therapeutic diets" has the same meaning as "therapeutic diet" as that term is
defined in paragraph (QQ) of this rule
(G) "County home" and
"district home" mean an entity operated under Chapter 5155. of the Revised
Code.
(H) "Department" means
the department of health.
(I) "Developmental
delay" means that a child has not reached developmental milestones expected for
their chronological age as measured by qualified
professionals using appropriate diagnostic instruments and/or procedures.
(1) Delay will be
demonstrated in one or more of the following developmental areas: adaptive
behavior, physical developmental or maturation (fine and gross motor skills;
growth) cognition; social or emotional development; and sensory development;
or
(2) An established risk
involving early aberrant development related to diagnosed medical disorders,
such as infants and toddlers who are on a ventilator, are adversely affected by
drug exposure, or have a diagnosed medical disorder or physical or mental
condition known to result in developmental delay such as Down
syndrome.
(J) "Developmental
diagnosis" means a severe, chronic disability that is characterized by the
following:
(1) It is attributable to a mental
or physical impairment or a combination of mental and physical impairments,
other than a mental impairment solely caused by mental illness as that term is
defined in division (A) of section
5122.01 of the Revised
Code.
(2) It is manifested before
age twenty-two.
(3) It is likely to
continue indefinitely.
(4) It
results in one of the following:
(a) In the
case of a person under three years of age, at least one developmental delay or
an established risk;
(b) In the
case of a person at least three years of age but under six years of age, at
least two developmental delays or an established risk.
(c) In the case of a person six years of age
or older, a substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the person's age;
self-care, receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, and if the person is at least
sixteen years of age, capacity for economic self-sufficiency.
(5) It causes the person to need a
combination and sequence of special, interdisciplinary, or other type of care,
treatment, or provision of services for an extended period of time that is
individually planned and coordinated for the person.
(K)
"Director" means the director of health or any office, bureau, agency, official
or employee of the department to which the director has delegated
their
authority or duties.
(L) "Dietitian" means
an individual licensed under Chapter 4759. of the Revised Code to practice
dietetics.
(M)
"Full-time" means an individual works thirty hours or
more per week.
(N)
"Home":
(1)
"
Means both of the following:
(a) Any institution, residence, or facility
that provides, for a period of more than twenty-four hours, whether for a
consideration or not, accommodations to three or more unrelated individuals who
are dependent upon the services of others, including a nursing home,
residential care facility, and the Ohio veterans' home;
(b) A county home or district home that is or
has been licensed as a residential care facility.
(2) "
Also means any facility that a
person, as defined in section
3702.51 of the Revised Code,
proposes for certification as a skilled nursing facility or nursing facility
under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.
301, as amended , and for which a certificate of need, other
than a certificate to recategorize hospital beds as described in section
3702.521
of the Revised
Code or under division (R)(7)(d) of the version of section
3702.51 of the Revised Code in
effect immediately prior to April 20, 1995, has been granted to the person
under sections 3702.51 to
3702.594
of the Revised
Code after August 5, 1989.
(3)
"
Does not mean any of the following:
(a) Except as provided in division (A)(1)(b)
of section 3721.01 of the Revised Code, a
public hospital or hospital as defined in section
3701.01 or
5122.01 of the Revised
Code;
(b) A residential facility
for mentally ill persons as defined under section
5119.34
of the Revised
Code;
(c) A residential facility as
defined in section 5123.19 of the Revised
Code;
(d) An alcohol or drug
addiction program as defined in section
5119.01
of the Revised
Code;
(e) A facility licensed to
provide methadone treatment under section
5119.391
of the Revised
Code;
(f) A facility providing
services under contract with the department of mental retardation and
developmental disabilities under section
5123.18 of the Revised
Code;
(g) A facility operated by a
hospice care program licensed under section
3712.04 of the Revised Code that
is used exclusively for care of hospice patients;
(h) A facility operated by a pediatric
respite care program licensed under section
3712.041 of the Revised Code
that is used exclusively for care of pediatric respite care patients;
(i) A facility, infirmary, or other entity
that is operated by a religious order, provides care exclusively to members of
religious orders who take vows of celibacy and live by virtue of their vows
within the orders as if related, and does not participate in the medicare
program established under Title XVIII of the "Social Security Act" or the
medical assistance program established under Chapter 5111. of the Revised Code
and Title XIX of the "Social Security Act," if on January 1, 1994, the
facility, infirmary, or entity was providing care exclusively to members of the
religious order;
(j) A county home or district home that has
never been licensed as a residential care facility; or
(k)
A facility
registered to provide a pediatric transition care program under section
3712.042 of the Revised Code
that is used exclusively for pediatric transition care
patients.
(O) "Home health
agency" means an
entity licensed under section
3740.04 of the Revised
Code.
(P) "Licensed practical
nurse" means a person licensed under Chapter 4723. of the Revised Code to
practice nursing as a licensed practical nurse.
(Q) "Lot" means a plot
or parcel of land considered as a unit, devoted to a certain use, or occupied
by a building or group of buildings that are united by a common interest and
use, and the customary accessories and open spaces belonging to the
same.
(R) "Maximum licensed
capacity" means the authorized type and number of residents in a home as
determined in paragraph (S) of rule
3701-16-03 of the Administrative
Code.
(S) "Mechanically
altered food" means that the texture of food is altered altered by chopping,
grinding, mashing, or pureeing so that it can be successfully chewed and safely
swallowed.
(T) "Mental impairment"
means a condition in which a part of a person's brain
has been damaged or is not working properly. Mental impairment does not
mean mental illness as that term is defined in section
5122.01 of the Revised Code or
intellectual disability as that term is defined in section
5123.01 of the Revised
Code.
(U) "Nonambulatory"
means not able to walk or not physically able to leave the premises without
assistance from another individual.
(V) "Nurse" means a
registered nurse or licensed practical nurse.
(W) "Nursing home"
means a home used for the reception and care of individuals who by reason of
illness or physical or mental impairment is in need of
skilled nursing care and of individuals who are in need of
personal care services but not skilled nursing care. A nursing home is licensed
to provide personal care services and skilled nursing care.
(X)
"Ohio building code" means the building standards, as adopted by the board of building
standards pursuant to section
3781.10 of the Revised
Code.
(Y) "On call" means the
person can be contacted at all times and is immediately available to go on duty
in the home upon short notice.
(Z) "On duty" means
being in the home, awake, and immediately available.
(AA) "Operator" means
the person, firm, partnership, association, or corporation which is
obligated by section
3721.05 of the Revised Code to
obtain a license in order to open, maintain or operate a home and the
superintendent or administrator of a county home or district home licensed or
seeking to be licensed as a residential care facility.
(BB)
"Personal care services" means services including, but not limited to, the
following:
(1) Assisting residents with
activities of daily living:
(2)
Assisting residents with self-administration of medication, in accordance with
rule 3701-16-09 of the Administrative
Code;
(3) Preparing food for
special diets, other than therapeutic diets, for residents pursuant to the
instructions of a physician, a licensed health care professional acting within
their applicable scope of practice, or a licensed dietitian, in accordance with
rule 3701-16-10 of the Administrative
Code.
"Personal care services" does not include "skilled nursing
care." A
facility need not provide more than one of the services listed in this
paragraph to be considered to be providing personal care
services.
(CC) "Physician" means
an individual licensed under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
(DD)
"Registered nurse" means an individual licensed to practice nursing as a
registered nurse under Chapter 4723. of the Revised Code.
(EE)
"Resident" means an unrelated individual to whom a residential care facility
provides accommodations.
(FF) "Resident call
system" means a set of devices that are connected electrically, electronically,
by radio frequency transmission, or in a like manner, are resident activated,
and effectively can alert the staff member or members on duty of emergencies or
resident needs.
(GG) "Resident unit"
means the private room or rooms occupied by a resident or residents.
(HH)
"Residents' rights" means the rights enumerated in sections
3721.10 to
3721.17 of the Revised
Code.
(II) "Residential care
facility" means a home that provides either of the following:
(1) Accommodations for seventeen or more
unrelated individuals and supervision and personal care services for three or
more of those individuals who are dependent on the services of others by reason
of age or physical or mental impairment;
(2) Accommodations for three or more
unrelated individuals, supervision and personal care services for at least
three of those individuals who are dependent on the services of others by
reason of age or physical or mental impairment, and to at least one of those
individuals, any of the skilled nursing care authorized by section
3721.011 of the Revised
Code.
(JJ) "Serious mental
illness" means an illness classified in the "Diagnostic and Statistical Manual
of Mental Disorders,
Fifth Edition(DSM-V)," that meets at least two of the three
following criteria of diagnosis, duration and disability:
(1) Diagnosis: The current primary diagnosis
is:
(a) Dissociative
disorders (DSM-V
F44.81);
(b)
Feeding and
eating disorders (DSM-V
F50.01, F50.02, F50.2, F50.8, F
50.9);
(c)
Depressive disorders (DSM-V
F32.8, F32.9,
F34.8, F33, F33.1, F33.2, F33.3, F 34, F34.1, );
(d)
Major neurocognitive disorders (
DSM-V
F01.50, F01.51,, F02.8x, F06.8);
(e)
Disruptive, impulsive-control, and conduct disorders
(DSM-V
F21, F60, F60.1, F60.2, F60.3,, F60.5, F60.6, F60.7 F60.81,F60.9);
(f) Schizophrenia
spectrum and other psychotic disorders (DSM-V
F20.81, F20.9, F22, F23, F25x, F25.0, F25.1, F28,
F29);
(g) Somatoform disorder
(DSM-V F45.1);
(h) Other disorders
(DSM-V F94.40, F91.3, F93.8);
or
(i) Other
specified.
(2) Duration:
the length of the problem can be assessed by either inpatient or outpatient use
of service history, reported length of time of impairment, or some combination,
including at least two prior hospitalizations of more than twenty- one days or
any number of hospitalizations (more than one) totaling at least forty-two days
prior to the assessment, or ninety to three hundred sixty-five days in a
hospital or nursing home within three prior years, or major functional
impairment lasting more than two years, resulting in utilization of outpatient
mental health services on an intermittent basis, a continuous basis, or
both.
(3) Disability/functional
impairment: severity of disability can be established by disruption in two or
more life activities, including but not limited to:
(a) Employment;
(b) Contributing substantially to one's own
financial support (not to be entitlements);
(c) Independent residence;
(d) Self-care;
(e) Perception and cognition;
(f) Stress management or coping skills;
or
(g) Interpersonal and social
relations.
(KK) "Skilled nursing
care" means procedures that
necessitate technical skills and knowledge beyond
those the untrained person possesses and that are commonly employed in
providing for the physical, mental, and emotional needs of the ill or otherwise
incapacitated. "Skilled nursing care" includes, but is not limited to, the
following:
(1) Irrigations, catheterizations,
application of dressings, and supervision of special diets;
(2) Objective observation of changes in the
resident's condition as a means of analyzing and determining the nursing care
necessary and the need for further medical diagnosis
and treatment;
(3) Special
procedures contributing to rehabilitation;
(4) Administration of medication by any
method ordered by a physician or other licensed health care professional acting
within their applicable scope of practice, such as hypodermically, rectally, or
orally, including observation of the resident after receipt of the medication;
or
(5) Carrying out other
treatments prescribed by the physician or other licensed health care
professional acting within their applicable scope of practice, that involve a
similar level of complexity and skill in administration.
(LL)
"Special care unit" means a residential care facility, or part thereof, that is
dedicated to providing care to residents with diagnoses, that include, but are
not limited to, late-stage cognitive impairment with significant ongoing daily
living assistance needs, cognitive impairments with increased emotional needs
or presenting behaviors that cause problems for the resident or other
residents, or both; or, serious mental illness.
(MM) "Special diets"
means a therapeutic diet limited to:
(1)
Nutrient adjusted diets, including high protein, no added salt, and no
concentrated sweets
(2) Volume
adjusted diets, including small, medium and large portions;
(3) The use of finger foods or bite-sized
pieces for a resident's physical needs; or
(4) Mechanically altered food.
(NN) "Staff member" or
"staff" means an individual working in a residential care facility including
the owner; the administrator; a full-time, part-time or temporary paid
employee; or an individual working on contract for the facility.
(OO)
"Supervision" means:
(1) Watching over a
resident, when necessary, while the resident engages in activities of daily
living or other activities to ensure the resident's health, safety, and
welfare;
(2) Reminding a resident
to do or complete such an activity, as by reminding
them to
engage in personal hygiene or other self-care activity; or
(3) Helping a resident to schedule or keep an
appointment, or both, including the arranging for transportation.
"Supervision" does not include reminding a resident to take
medication and watching the resident to ensure that the resident follows the
directions on the container, or supervision of therapeutic diets as described
in paragraph (J) of rule
3701-16-10 of the Administrative
Code.
(PP) "Supervision of
therapeutic diets" means services, including, but not limited to, the
following:
(1) Monitoring a resident's access
to appropriate foods as
obligated by a therapeutic diet;
(2) Monitoring a resident's weight and
acceptance of a therapeutic diet;
(3) Providing assistance to residents on
therapeutic diets as needed or requested: and
(4) Providing or preparing therapeutic
diets.
(QQ) "Therapeutic
diet" means a diet ordered by a health care practitioner:
(1) As part of the treatment for a disease or
clinical condition;
(2) To
eliminate, decrease, or increase certain substances in the diet; or
(3) To provide mechanically altered food when
indicated.
(RR) "Unrelated
individual" means one who is not related to the owner or operator of the
residential care facility or to
their spouse as a parent, grandparent, child,
grandchild, brother, sister, niece, nephew, aunt, uncle, or as the child of an
aunt or uncle.
