Current through all regulations passed and filed through September 16, 2024
(A) Each residential care facility
is obligated
to encourage residents to participate in social, recreational, and
leisure activities. The residential care facility is obligated to,
with consideration given to resident preferences, provide or arrange for varied
activities of sufficient quantity so that residents' lives may be more
meaningful, to stimulate physical and mental capabilities and to assist
residents in attaining their optimal social, physical, and emotional
well-being. The residential care facility is obligated to
provide, at minimum, all of the following:
(1)
One local daily newspaper either in digital or paper
format, or current community activity brochures and
advertisements;
(2) Information
about activities in the community and the availability of transportation to
community activities; and
(3) An
opportunity for residents to engage in a variety of activities which may
include, but
are not limited
to, internet, television, crafts, reading, or
games.
(B) A residential
care facility
is not allowed to coerce, induce, or prompt a
resident to assign, transfer, give, or sign over to the facility money,
valuables, insurance benefits, property, or anything of value other than
payment for services rendered by the facility. A residential care facility
is not
allowed to manage a resident's financial affairs
unless authorized by the resident or a sponsor with power of attorney. Such
authorization
is obligated to be in writing and
attested to by a witness who is
not connected in any manner whatsoever with the residential care facility or
its administrator. A facility that manages a resident's financial affairs
is obligated
to:
(1) Maintain accounts pursuant to
division (A)(27)(b) of section
3721.13 of the Revised Code of
resident funds and personal property or possessions deposited for safekeeping
with the facility for use by the resident or resident's sponsor. The resident
has the right to receive, upon written or oral request, an accounting statement
of financial transactions made on the resident's behalf. This statement
is obligated
to include a:
(a) Complete record of all
funds, personal property, or possessions from any source whatsoever, that have
been deposited for safekeeping with the facility for use by the resident or
resident's sponsor; and
(b) Listing
of all deposits and withdrawals transacted, substantiated by receipts that
are
available for inspection and copying by the resident or sponsor.
(2) Deposit the resident's funds
in excess of one thousand dollars, and may deposit the resident's funds that
are one thousand dollars or less, in an interest-bearing account separate from
any of the facility's operating accounts. Interest earned on the resident's
funds is
obligated to be credited to the resident's account. A resident's funds
that are one thousand dollars or less and have not been deposited in an
interest-bearing account may be deposited in a noninterest- bearing account or
petty cash fund.
(3) Purchase a
surety bond or otherwise provide assurance satisfactory to the director to
assure the security of all residents' funds managed by the facility.
(4) Upon the resident's transfer, discharge,
or death, close all resident accounts, make a final accounting, and make
provisions for the conveyance of any remaining funds to the resident or the
resident's estate.
(5) Allow the
resident access to
their funds during normal bank business hours
within the community.
(6) Not
mandate
that a resident allow the facility
to manage the resident's financial affairs as a condition of admission to the
facility.
(C) Neither
the administrator of a residential care facility nor facility staff may serve
as the guardian or attorney-in-fact of a resident unless related by blood,
marriage, or adoption to that resident.
(D) Residents may keep pets if allowed by
facility policy. If a residential care facility allows residents to keep
animals or pets, or has facility pets, the facility is obligated
to
consult with a veterinarian licensed to practice
veterinary medicine under Chapter 4741. of the Revised Code, establish and
implement a written protocol regarding animals and pets that protects the
health and safety of residents and staff members. At minimum, the written
protocol is
obligated to include:
(1) An annual
physical examination, including an examination for internal and external
parasites;
(2) Vaccinations for
common infectious agents, including rabies;
(3) Any other preventive care necessary to
protect the health, safety and rights of residents;
(4) Procedure to follow if an animal:
(a) Bites a person; or
(b) Becomes ill or injured;
(5) For resident pets, if the
resident is transfered, discharged or otherwise unable to care for the pet,
responsibilities for care of the pet until a family member or sponsor can
retrieve the pet;
(6) In the case
of a facility pet, the name of the designated member or members of the staff
responsible for the care of the animal and for maintaining the protocol,
including medical records for the animal; and
(7) An evaluation of the medical needs of
residents.
(E) The
residential care facility is obligated to specify in the resident agreements
established by rule
3701-16-07 of the Administrative
Code what laundry services it provides. The residential care facility
is obligated
to launder or assist in arranging for the laundering of all clothing and
bed and bath linen for residents who
are in need
of laundry services as described in the resident agreement. The facility
may provide a washer and dryer in the home for residents' use or may provide
residents with transportation to and from a laundromat.
