Current through all regulations passed and filed through September 16, 2024
(A)
Application for a
license to operate a hospital, renewal of an existing license may be made
either in writing on a form provided by the director and signed by the
applicant or the applicant's primary agent, or using an electronic system
prescribed by the director and affirmed by the applicant or the applicant's
agent. A completed application includes the following:
(1)
A nonrefundable
license application or renewal fee based on the number of beds within the
hospital as follows:
(a)
One to fifty beds, four thousand four hundred
twenty-five dollars;
(b)
Fifty-one to one hundred beds, eight thousand eight
hundred fifty dollars;
(c)
One hundred one to one hundred fifty beds, thirteen
thousand two hundred fifty dollars;
(d)
One hundred
fifty-one to three hundred beds, seventeen thousand six hundred seventy-five
dollars;
(e)
Three hundred one to five hundred beds, twenty-six
thousand five hundred dollars;
(f)
Five hundred one
to seven hundred fifty beds, thirty-five thousand three hundred fifty
dollars,
(g)
Seven hundred fifty-one to one thousand beds, forty
four thousand one hundred seventy-five dollars;
(h)
One thousand one
to one thousand five hundred beds, fifty-three thousand dollars;
or
(i)
More than one thousand five hundred beds, sixty-one
thousand eight hundred fifty dollars;
Any fee paid pursuant to this section
may be paid either in full at the time of application, renewal, or transfer, or
in increments of one-third of the total amount annually.
(2)
A nonrefundable service fee in the form of a check or
money order made payable to the "treasurer, state of Ohio" or as payment
submitted through an electronic system prescribed by the director as
follows:
(a)
For
each maternity unit, three thousand dollars;
(b)
For each newborn
care nursery, three thousand dollars; and
(c)
For each health
care service, three thousand dollars;
Any fee paid pursuant to this section
may be paid either in full at the time of application, renewal, or transfer, or
in increments of one-third of the total amount annually.
(3)
The name to appear on the license;
(4)
The address of
the main hospital location and an attestation signed by the hospital
administrator as defined in paragraph (A) of rule 3701-22-01 of the
Administrative Code, that includes the address(es) of each "department of a
provider," remote location of a hospital," "satellite facility," and "provider
based location" as those terms are defined in
42 CFR
413.65.
(a)
Locations listed
pursuant to this section are operated under the license issued under Chapter
3722. to the hospital that is the "main provider" as that term is defined in
42 CFR
413.65. Only those locations are permitted to
be operated under the main hospital's license; and
(b)
Hospitals are to
maintain a current list of all provider-based locations and notify the director
within thirty days of the removal or addition of a provider based location.
Failure to provide notice to the director may result in compliance actions set
forth in rule 3701-22-05 the Administrative Code.
(5)
A copy of the
proof of certification or accreditation, if applicable. For a newly-
constructed hospital seeking licensure after October 1, 2024, a copy of the
hospital's proof of temporary accreditation.
(6)
A listing of the
beds within the hospital, under the following categories:
(a)
Adult
medical/surgical;
(b)
Adult special care (ICU/CCU);
(c)
Alcohol or drug
abuse rehabilitation;
(d)
Burn care;
(e)
Hospice;
(f)
Long term acute
care;
(g)
Long term, reported in the following categories:
(i)
Skilled nursing
facility beds certified under Title XVIII of the Social Security Act, 49 Stat.
620 (1935), 42 U.S.C.
301, as amended (1981) and which are not
licensed under Chapter 3721. of the Revised Code;
(ii)
Nursing facility
beds certified under Title XIX of the Social Security Act, 49 Stat. 620 (1935),
42 U.S.C.
301, as amended (1981) and which are not
licensed under Chapter 3721. of the Revised Code;
(iii)
Nursing
facility beds certified under Title XVIII of the Social Security Act, 49 Stat.
620 (1935), 42 U.S.C.
301, as amended (1981) and Title XIX of the
Social Security Act, 49 Stat. 620 (1935),
42 U.S.C.
301, as amended (1981) and which are not
licensed under Chapter 3721. of the Revised Code; or
(iv)
Special skilled
nursing beds certified as skilled nursing facility beds under Title XVIII of
the Social Security Act, 49 Stat. 620 (1935),
42 U.S.C.
301, as amended (1981) that were originally
authorized by and are operated in accordance with section
3702.521 of the Revised Code or
its predecessor;
(h)
Neonatal,
reported in the following categories:
(i)
Level
I;
(ii)
Level II;
(iii)
Level
III;
(iv)
Level IV;
(i)
Obstetric,
reported in the following categories:
(i)
Level
I;
(ii)
Level II;
(iii)
Level III,
including special delivery beds;
(iv)
Level IV,
including special delivery beds;
(j)
Pediatric
intensive care (beds in a separate and distinct pediatric intensive care unit
where pediatric patients suffering from critical illness receive
care);
(k)
Pediatric - general (services for patients less than
twenty-two years of age are provided);
(l)
Physical
rehabilitation;
(m)
Psychiatric care (beds not licensed by the Ohio
department of mental health and addiction services); and
(n)
Emergency
service.
(B)
If the applicant
satisfies the requirements described in paragraph (A) of this rule, the
director will, as applicable, issue to the applicant a license to operate a
hospital, or renew an applicant's license unless the applicant to renew is
barred from renewing in accordance with rule 3701-22-05 of the Administrative
Code.
(C)
The license is valid only for the hospital and any
department(s) of a provider, remote location(s) of the hospital, satellite
facility(ies), and provider based locations.
(D)
If a hospital
licensed under this chapter is to be assigned, sold, or transferred to a new
owner, the prospective new owner will, at least thirty days prior to the
effective date of the assignment, sale, or transfer, apply, on an application
provided by the director, for a change of owner and provide the information
required by paragraphs (A)(3) to (A)(6) of this rule.
(1)
Once the license
transfer is approved, the new owner will be responsible for compliance with any
action taken or proposed by the director under sections
3722.07 or
3722.08 of the Revised Code, or
rule 3701-22-05 of the Administrative Code. If a notice has been issued under
section 119.07 of the Revised Code, the
new owner becomes party to the notice.
(E)
The license
holder will post a copy of the license in a conspicuous place in the main
hospital and all locations listed pursuant to paragraph (A)(4) of this
rule.
(F)
Each license issued under this rule is valid for a
three-year period unless revoked or suspended. A license expires on the date
that is three years from the date of issuance and may be renewed for additional
three-year periods.
(G)
The license renewal fee, including fees paid as
one-third increments annually, specified in paragraph (A) of this rule will be
paid not later than ninety days after the director of health mails an invoice
for the fee to the license holder. A penalty of ten per cent of the amount of
the renewal fee will be assessed for each month the fee is
overdue.
(H)
Application for a temporary license to operate a new
hospital after October 1, 2024 may be made either in writing on a form provided
by the director and signed by the applicant or the applicant's agent, or using
an electronic system prescribed by the director and affirmed by the applicant
or the applicant's agent. A completed application for a temporary licensure
will include the following:
(1)
The information required under paragraphs (A)(3) to
(A)(6) of this rule;
(2)
A copy of the applicant's occupancy permit;
and
(3)
A copy of the current state fire marshal inspection
report documenting that the applicant is in compliance with the state fire
code.
(I)
If an applicant satisfies the requirements described in
paragraph (H) of this rule, the director will issue to the applicant a
temporary license to allow the applicant to operate as a hospital for up to six
months for the purposes of completing a certification or accreditation process.
Once the applicant receives proof of certification or accreditation, the
applicant will apply for full licensure under paragraph (A) of this rule.
(1)
The applicant may
apply for one extension of a temporary license for up to an additional six
months;
(2)
If an applicant fails to apply to the department for
full licensure by the date of expiration of a temporary license to operate as a
hospital, the applicant will cease operating as a hospital.
(J)
The
licensee will notify the director, in writing:
(1)
Within seven days
of a change in administrator or name of the hospital.
(2)
Seven days prior
to the voluntary suspension of operation or closing of the hospital. In the
event of involuntary closure, the licensee will provide written notice as soon
as possible after learning of the closure.
(3)
Ninety days prior
to any change to the owner of the entity holding the license. For purposes of
this section, such change is not a change of ownership.
(K)
Except
in the event of emergencies, the licensee will notify the director, in writing,
at least fifteen days prior to any construction, modernization, major
acquisition, or significant alteration that:
(1)
Will result in an
interruption of patient care services in any department(s) of a provider,
remote location(s) of the hospital, or satellite facility(ies).
(2)
Adds a
department(s) of a provider, remote location(s) of the hospital, or satellite
facility(ies).
(3)
Adds hospital building(s), replaces hospital
building(s), or expands hospital building(s) patient care
areas;
(4)
Changes the layout of a patient care area of the
hospital that involves removing or replacing walls, adding new or extending
existing plumbing or electric service, adding new or extending existing
heating, ventilation, or air conditioning service; or adding vacuum or gases;
or
(5)
Converts non-patient care area(s) to patient care
area(s) that involves removing or replacing walls, adding new or extending
existing plumbing or electric service, adding new or extending existing
heating, ventilation, or air conditioning service; or adding vacuum or
gases.
Emergencies resulting in an
interruption of hospital services are to be reported as soon as possible, no
later than within twenty-four hours, to the director by phone or electronic
mail. For purposes of this rule, emergency means an unexpected serious event
restricting patient access to hospital services or represents the potential for
harm to patients. This may include events involving emergency evacuations, fire
suppression, disaster response, law enforcement, and other forms of hazard
control and mitigation of an ongoing event.
(L)
Failure to
provide notice to the director required by paragraph (K) of this rule may
result in compliance actions set forth in rule 3701-22-05 of the Administrative
Code.
(M)
The director may inspect a hospital prior to issuing or
denying a license to operate a hospital, or when renewing a license. An
applicant may avoid this inspection if the applicant submits with the
application a copy of the hospital's most recent final on- site survey report
from the federal centers for medicare and medicaid services or an accrediting
organization approved under 42 U.S.C.
1395bb(a) demonstrating that
the hospital is certified or accredited.
