Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-61 - Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks
Section 3701-61-02 - Right to challenge transfer or discharge
Universal Citation: OH Admin Code 3701-61-02
Current through all regulations passed and filed through September 16, 2024
(A) A home may transfer or discharge a resident, in the absence of a request from the resident, only for the following reasons:
(1) The resident's health has
improved sufficiently so that the resident no longer needs the services
provided by the home;
(2) The
welfare and needs of the resident cannot be met in the home;
(3) The resident has failed, after receiving
reasonable and appropriate notice, to pay or to have the medicare or medicaid
program pay on the resident's behalf, for the care provided by the home. A
resident will not be considered to have failed to have the
resident's care paid for if the resident has applied for medicaid, unless both
of the following are the case:
(a) The
resident's application, or a substantially similar previous application, has
been denied by the county department of job and family services;
(b) If the resident appealed the denial
pursuant to division (C) of section
5101.35 of the Revised Code, the
director of job and family services has upheld the denial. If the resident has
appealed the denial of medicaid and the appeal or review process is still
pending with medicaid, or if the resident has submitted an amended or
substitute application with medicaid that is accepted for review by that
agency, the facility will not initiate discharge proceedings.
(4) The home's license has been
revoked under Chapter 3721. of the Revised Code;
(5) The home is being closed pursuant to
section 3721.08, sections
5165.60 to
5165.89 or section
5155.31 of the Revised Code, or
the home otherwise ceases to operate;
(6) The resident is a recipient of medicaid
and the home's participation in the medicaid program is involuntarily
terminated or denied;
(7) The
resident is a beneficiary under the medicare program and the home's
participation in the medicare program is involuntarily terminated or
denied;
(8) The safety of
individuals in the home is endangered due to the
clinical or behavioral status of the resident;
(9) The health of individuals in the home
would otherwise be endangered.
(B) Pursuant to division (D) of section 3721.16 of the Revised Code, and paragraph (E) of rule 3701-61-03 of the Administrative Code a resident or resident's sponsor may challenge a transfer or discharge by requesting an impartial hearing unless the transfer or discharge is necessary because of one of the reasons specified in paragraphs (A)(4) to (A)(7) of this rule.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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