Current through all regulations passed and filed through September 16, 2024
(A) The director of health shall receive,
review, and investigate allegations of abuse, or neglect, or exploitation of a
resident, or misappropriation of the property of a resident by any individual
used by a long-term care facility or a residential care facility to provide
services to residents.
(B)
Allegations of abuse, neglect, exploitation, or misappropriation may be
presented orally or in writing to the Ohio department of health's
bureau of survey and certification or bureau of
regulatory operations.
(C)
Allegations shall be investigated by appropriately qualified individuals, as
determined by the director. No long-term care facility or a residential care
facility shall do any of the following knowing that an investigation is in
progress, or is about to be or likely to be instituted under this rule:
(1) Refuse to permit the director to enter
the facility;
(2) Refuse to permit
the director to interview employees or other personnel used by the facility,
residents, or families of residents;
(3) Refuse to permit the director to review
and copy any record kept by the facility or their
agents, including but not limited to:
(a)
Medical records;
(b) Personnel
records; or
(c) Records reviewed by
the facility, including:
(i) Written
statements;
(ii) Audio recordings,
if available;
(iii) Video
recordings, if available; and
(iv)
Other materials gathered during the course of the investigation; or
(4) Destroy any records
or documentation reviewed by the facility, to include the overwriting of audio
or video recordings.
(5) Otherwise
hinder the director's investigation of an allegation of abuse, neglect, or
exploitation of a resident, or misappropriation of the property of a
resident.
(D) If, after
investigation, the director determines that there is a reasonable basis for an
allegation, the director shall provide written notice to the accused in
accordance with paragraphs (E) and (F) of this rule. The director also shall
send a copy of the notice to any long-term care facility or a residential care
facility that the director knows currently is using the accused to provide
services.
(E) The written notice
shall include all of the following items:
(1)
A statement of the nature of the allegation;
(2) A statement advising the accused of his
or her right to a hearing on the allegation and of the manner in which and time
within which a hearing may be requested;
(3) An explanation that the director will
report any finding that the accused abused, neglected, or exploited a resident
or misappropriated a resident's property to the following entity, as
applicable:
(a) The nurse aide registry
established under section
3721.32 of the Revised
Code;
(b) The appropriate licensing
authority, if the accused is a licensed health professional; and
(c) Any other entity that holds authority or
association with the accused.
(4) A warning that if the accused fails to
submit a written request for a hearing within thirty days after he or she
receives or was deemed to have received the notice, the director may do both of
the following:
(a) Make a finding adverse to
the accused; and
(b) Pursuant to
rule 3701-64-05 of the Administrative
Code, report the finding to the nurse aide registry, the appropriate licensing
authority, or other relevant entity that would benefit from the notice,
whichever is applicable, the long-term care facility or a residential care
facility where the incident occurred, any other long-term care facility or a
residential care facility known by the director to be using the accused to
provide services to residents at the time of his or her finding, and the
appropriate law enforcement official.
(F) The director first shall provide the
written notice to the accused by certified mail, return receipt requested, or
by sending it by personal delivery to the accused's last known address.
(1) If a certified mail notice is returned
because the party fails to claim the notice, the director then may send the
notice to the accused's last known address by ordinary mail. The notice shall
be deemed complete when the certificate of mailing is obtained unless the
notice is returned showing failure of delivery.
(2) If any notice sent by certified or
ordinary mail is returned for failure of delivery, the director shall publish
notice to the department's website. The notice shall be published for twenty
one days, shall summarize the information required by paragraph (E) of this
rule, and shall refer the accused to the Ohio department of health's office of
health assurance and licensing for additional information. When notice is given
by publication, a proof of publication affidavit, with a copy of the the notice
set forth in the affidavit, shall be mailed by ordinary mail to the party at
the party's last known address and the notice shall be deemed received as of
the twenty first day of publication. An employee or agent of the agency may
make personal delivery of the notice upon a party at any time.
Refusal of delivery by personal service or by mail is not
failure of delivery and service is deemed to be complete. Failure of delivery
occurs only when a mailed notice is returned by the postal authorities marked
undeliverable, address or addressee unknown, or forwarding address unknown or
expired.
