Current through all regulations passed and filed through September 16, 2024
(A) The director
may grant a
license for provision of a pediatric respite care program to an applicant that
complies with Chapter 3712. of the Revised Code and this chapter. A pediatric
respite care program is licensed to provide:
(1) Short-term inpatient care, including both
palliative and respite care and procedures;
(2) Nursing care by or under the supervision
of a registered nurse;
(3)
Physicians' services;
(4) Medical
social services by a social worker under the director of a physician;
(5) Medical supplies, including drugs and
biologicals, and the use of medical appliances;
(6) Counseling for pediatric respite care
patients and pediatric respite care patients' families; and
(7) Bereavement services for respite care
patients' families.
(B)
The director will provide electronic or written notice to the
applicant granting a license or provide written notice of proposal to deny a
license, within thirty days after receiving all information necessary to
determine compliance with Chapter 3712. of the Revised Code and this chapter,
including the reports of the inspection conducted pursuant to paragraph (A) of
rule 3701-19-34 of the Administrative
Code. This thirtyday period will be extended if the director has received a
complaint concerning an applicant. In such a case, the director
will
conduct a complaint investigation within thirty days after receipt of the
complaint and mail
a written notice of the determination regarding
the license application within thirty days after completion of the complaint
investigation.
(C) The license
will:
(1) Indicate the name and address of the
pediatric respite care program location to which the applicant requested the
license be issued;
(2) Indicate the
facility patient capacity;
(3) Be
valid for three years for the pediatric respite care program at the address
indicated in the application except as provided for in paragraph (F) of this
rule; and
(4) Be posted in a
conspicuous place in the pediatric respite care program location issued the
license.
(D) Subject to
Chapter 119. of the Revised Code, the director may deny, suspend, or revoke a
license if the licensee made any material misrepresentation in the application
for licensure or if the pediatric respite care program no longer meets the
requirements of Chapter 3712. of the Revised Code or this chapter.
(E) A pediatric respite care program that
seeks to transfer its license to another or new location
is obligated
to submit to the director a license
application and license application fee in accordance with paragraph (A) of
rule 3701-19-32 of the Administrative
Codeincluding all information
prescribed
by paragraph (C) of rule
3701-19-21 of the Administrative
Code.
no later than ninety days prior to the
current license expiration or ninety days prior to the proposed transfer or
relocation, whichever occurs sooner.
(1) When
reviewing a request for transfer of a license, the director may request any
additional written information the director determines necessary to assess
compliance with Chapter 3712. of the Revised Code and this chapter are
met.
(2) The director
will
allow a license to be transferred if the following criteria are met:
(a) The new location to which the pediatric
respite care program license is to be transferred successfully passes a
licensure inspection conducted in accordance with rule
3701-19-34 of the
Administrative Code;
(b) The pediatric respite care program
currently meets all of the licensing requirements and there are no pending
complaints against the pediatric respite care program under investigation. Any
pending complaints will be investigated within thirty days of the request
for transfer and must be completed before any transfer of the license may
occur;
(c) The pediatric respite
care program is not undergoing any enforcement action at the time of the
transfer or relocation or proposed transfer or relocation;
(d) The transfer or relocation is not due to
a change in ownership or control;
(e) The pediatric respite care program
continues to provide the full range of services at the new location that were
required of the pediatric respite care program location that was issued the
license;
(f) All pediatric respite
patients' clinical records are available, upon request of the director, at the
new location to which the pediatric respite license is to be transferred;
and
(g) The approval to transfer
the license may be granted with no less than sixty-one days remaining prior to
the expiration of the current license.
(3) The director will notify the
pediatric respite care program of whether or not the license may be
transferred. If the director determines that the license is not transferable,
the director will provide the pediatric respite care program with
an opportunity for a reconsideration. To request a
reconsideration, a pediatric respite care program is obligated to:
(a)
Submit a
request a reconsideration in writing within thirty days of the mailing of the
notice of determination.
(b)
Include any written documentation or other
information not previously submitted to the director that the pediatric respite
care program wishes to refute the determination.
(c) The director's final determination is not
appealable under Chapter 119. of the Revised Code.
(d) The pediatric respite care program
is obligated
to obtain a license for the new location prior to commencing services at
the new location.
(F) Upon written request, the director may
grant a variance from any requirement of this chapter, that is not a statutory
requirement, if the person or public agency requesting the variance establishes
that because of practical difficulties or other special conditions, strict
application of the requirement will cause unusual or unnecessary hardship and
that the variance will not jeopardize the health, safety, or welfare of any
pediatric respite patient or pediatric respite patient's family.
