Current through all regulations passed and filed through September 16, 2024
(A) Application for a hospice care program
license shall:
(1)
Be made on forms
prescribed by the director;
(2)
Include such
information as the director requires, including the information prescribed in
paragraph (C) of this rule; and
(3)
Be accompanied by
a non-refundable license fee of six hundred dollars in the form of a cashier's
check or a postal money order payable to the "Treasurer, State of
Ohio."
(B) Any
person or public agency seeking to be licensed to provide a hospice care
program shall submit an application for licensure at least sixty days prior to
the requested date for the inspection required by paragraph (A) of rule
3701-19-05 of the Administrative
Code.
(C) An application for a
license to provide a hospice care program shall include:
(1) The name, address, and business telephone
number of the hospice care program. A hospice care program that operates from
multiple locations shall include the addresses and telephone numbers for all
locations on the application for license. The application shall indicate which
location is to be issued the license;
(2) The names and addresses of the persons
having an ownership or
a controlling interest in the hospice care
program and other information pertaining to ownership or control of the
program;
(3) The corporate name of
the hospice care program, if any, and the names, titles, addresses, and
telephone numbers of its officers and statutory agent;
(4) A list of the services which are or will
be provided by the hospice care program either directly or indirectly through
written contracts, the identities of any contractors and the services they will
provide, and the date the program will be operational;
(5) A description of the geographic area in
which the hospice care program will provide services;
(6) If the applicant is requesting a waiver
of the requirement for providing physical therapy, occupational therapy, or
speech or language therapy services pursuant to paragraph (B) of rule
3701-19-19 of the Administrative
Code, the documentation required by that paragraph;
(7) If the program provides hospice care and
services in a hospice patient's home, a written attestation that the applicant
is in compliance with section
3712.062 of the Revised
Code;
and
(8) If a hospice care
program operates an inpatient hospice facility:
(a)
Documentation of
compliance with the building code standards required by paragraph (C) of rule
3701-19-08 of the Administrative
Code;
(b)
If the hospice intends to admit non-hospice palliative
care patients to the hospice inpatient unit in accordance with section
3712.10 of the Revised Code, a
written attestation that the hospice care program will:
(i)
Continue to be
primarily engaged as a hospice care program and at least fifty-one per cent of
all services provided by the hospice care program will be to hospice patients;
and
(ii)
Ensure the availability of hospice inpatient care to
hospice care program patients through admission to the hospice care program's
inpatient facility or through contract with an inpatient facility that meets
the requirements of rule
3701-19-22 of the Administrative
Code.
(D) The applicant or an authorized
representative shall sign an affidavit included in the application certifying
that, to the best of the applicant's knowledge, the information in the
application and any accompanying material is true and accurate. If a
representative signs the affidavit, the application shall include
documentation that they
are the applicant's authorized
representative.
(E) When reviewing
a license application, the director may request, in writing, that an applicant
furnish any additional information that the director determines to be necessary
to assess compliance with Chapter 3712. of the Revised Code and this chapter.
The applicant shall furnish any requested information within fourteen days
after the mailing of the director's request.
(F) Licensure of a hospice care program
providing services from multiple locations in Ohio.
(1) Except as prohibited by section
3712.08 of the Revised Code, the
director may grant a license to a hospice care program which provides services
from multiple locations in Ohio, if the applicant complies with all the
following:
(a) Each location provides the same
full range of services that is required of the hospice care program location
issued the license;
(b) Each
location is responsible to the same governing body and central administration
that governs the hospice care program location issued the license, and the
governing body and central administration is able to adequately manage each
location;
(c) The hospice care
program maintains clinical records for all patients served by the hospice care
program regardless of where services are provided; and
(d) All hospice patients' clinical records
requested by the director during an inspection are available at the hospice
care program location issued the license.
(2) A hospice location that does not comply
with the requirements of paragraph (F)(1) of this rule is operating as a
separate hospice care program and shall obtain a separate license and pay the
appropriate license fee.
(G) A hospice care program operating in
another state seeking to provide services to patients in Ohio shall establish
an administrative office in Ohio and comply with the rules of Chapter 3701-19
of the Administrative Code in order to obtain a license. All Ohio hospice
patients' clinical records shall be maintained at the Ohio administrative
office.
(H) Application for renewal
of a hospice care program license shall be made at least ninety days prior to
the expiration of the license. The application shall be made and a renewal fee
paid in accordance with paragraph (A) of this rule in the same manner as for an
initial license.
(1) In addition to the
application and fee requirements of this paragraph, a hospice care program that
operates an inpatient hospice facility shall:
(a) Submit documentation of continued
compliance with the Ohio fire code required by paragraph (B) of rule
3701-19-08 of the Administrative
Code;
(b) A certificate of use and
occupancy required by paragraph (C) of rule
3701-19-08 of the Administrative
Code only if it is different than the one previously submitted to the director;
and
(c) If the program provides
hospice care and services in a hospice patient's home, the application for
renewal shall include a written attestation that the applicant is in compliance
with section 3712.062 of the Revised
Code.
(2) The director
shall renew the license if the program continues to meet the requirements of
Chapter 3712. of the Revised Code and Chapters 3701-19 and 3701-13 of the
Administrative Code. If the program does not meet the requirements, the
director may deny renewal of the license, in accordance with Chapter 119. of
the Revised Code.
(I) In
addition to submitting the application and renewal fee required by paragraph
(A) of this rule, an applicant applying for a license renewal pursuant to
paragraph (J) of this rule shall also submit:
(1) Evidence of the program's current
medicare certification pursuant to Title XVIII of the Social Security Act, 49
Stat. 620 (1935),
42 U.S.C.
301, as amended (1981), with its expiration
date noted; and
(2) If the program
is certified or accredited by an entity other than the secretary of the United
States department of health and human services (under Title XVIII of the Social
Security Act, 49 Stat. 620 (1935),
42 U.S.C.
301, as amended (1981), a copy of the most
recent accreditation decision report.
(J) The director shall renew licenses to
persons or public agencies to provide hospice care programs that are accredited
or certified to provide such programs by an entity whose standards for
accreditation or certification equal or exceed those provided for licensure set
forth in Chapter 3712. of the Revised Code and this chapter.
(1) For purposes of this paragraph, the
standards for medicare certification set forth in Title XVIII of the Social
Security Act, 49 Stat. 620 (1935),
42 U.S.C.
301, as amended (1981), shall be considered
to equal or exceed the requirements for licensure set forth in Chapter 3712. of
the Revised Code and this chapter. If an applicant seeks license renewal
pursuant to this paragraph on the basis of accreditation or certification by
another entity, the director shall review the entity's certification or
accreditation standards and shall determine whether they equal or exceed the
standards set forth in Chapter 3712. of the Revised Code and this
chapter.
(2) If the certification
or accreditation of a person or public agency providing a hospice care program
that was granted a license renewal pursuant to paragraph (J) of this rule is
terminated or expires and is not renewed:
(a)
The hospice care program shall send written notification of the termination or
expiration to the director prior to the effective date of the termination,
expiration, or non-renewal of the certification or accreditation or within five
business days after receipt of such notice of termination, expiration, or
non-renewal, which ever is sooner; and
(b) The director shall inspect the program to
determine whether it otherwise meets the requirements of Chapter 3712. of the
Revised Code and this chapter. After conducting the inspection, the director
may take whatever action concerning the program's license that the director
considers appropriate.
(K) Each licensed hospice care program shall
notify the director, in writing, of any of the following:
(1) Any change in any of the information
specified in the license application under paragraphs (C)(1) to (C)(5)
and (C)(8) of this rule no later than fifteen
days after the change;
(a) A change of
ownership shall require the submission of a change of ownership application on
forms prescribed and provided by the director; and
(b) A non-refundable fee of two hundred
dollars in the form of a check or money order payable to the "Treasurer, State
of Ohio."
(2) Any other
change that would render the information submitted in the license application
inaccurate at least twenty-one days prior to the effective date of the
change.
