Current through all regulations passed and filed through September 16, 2024
(A) The director of health shall monitor
compliance with Chapter 3711. of the Revised Code and Chapter 3701-7 of the
Administrative Code. The director may conduct inspections of a maternity unit,
newborn care nursery, or maternity home as often as deemed necessary based upon
the compliance history of the maternity unit, newborn care nursery, or
maternity home, but at least once every three years, to adequately monitor
compliance. The inspections may be scheduled and announced or random and
unannounced as follows:
(1) The triennial
inspection shall be scheduled and announced; and
(2) All other inspections may be random and
unannounced.
(B) The
director may conduct an inspection to investigate alleged violations of Chapter
3711. of the Revised Code and Chapter 3701-7 of the Administrative Code. The
director shall inform the complainant and the facility of the results of the
inspection.
(C) The fee for
inspections conducted by the director pursuant to Chapter 3711. of the Revised
Code shall be as follows:
(1) Inspection fee:
(a) Level I service, one thousand seven
hundred fifty dollars;
(b) Level II
service, two thousand seven hundred fifty dollars;
(c) Level III service, three thousand seven
hundred fifty dollars;
(d)
Level IV service, three thousand seven hundred fifty
dollars;
(e) Freestanding children's hospital with a level III
or level IV neonatal care service, three thousand
seven hundred fifty dollars; or
(f) Maternity home,
seven hundred fifty dollars;
(2)
On-site follow-up
inspection fee of seven hundred fifty dollars;
(3)
Complaint inspection fee of seven hundred fifty dollars;
(4)
Environmental
inspection fee of seven hundred fifty dollars;
(5)
Monitoring
inspection fee of seven hundred fifty dollars; or
(6)
Desk review fee
of three hundred twenty five dollars.
(D) If the director determines the existence
of a violation of any provision of Chapter 3711. of the Revised Code or Chapter
3701-7 of the Administrative Code, the director may request the licensee to
submit an acceptable plan of correction to the director stating the actions
being taken or to be taken to correct a violation, the time frame for
completion and the means by which continuing compliance will be monitored; and
may:
(1) In accordance with Chapter 119. of
the Revised Code, impose a civil penalty based on the severity of the violation
as follows:
(a) For violations that present an
imminent threat of serious physical or life threatening danger, or an immediate
serious threat to the emotional health, safety or security of one or more
patients or residents, a civil penalty of not less than one hundred thousand
dollars and not more than two hundred and fifty thousand dollars;
(b) For violations that directly threaten
physical or emotional health, safety, or security of one or more patients or
residents, a civil penalty of not less than ten thousand dollars and not more
than one hundred thousand dollars; or
(c) For violations that indirectly threaten
or potentially threaten the physical or emotional health, safety, or security
of one or more patients or residents, a civil penalty of not less than one
thousand dollars and not more than ten thousand dollars.
(2) Summarily suspend, in accordance with
paragraph (D)(3) of this rule, a license issued under this chapter if the
director believes that there is clear and convincing evidence that the
continued operation of the maternity unit, newborn care nursery, or maternity
home present a danger of immediate and serious harm to patients or
residents.
(3) If the director
suspends a license under paragraph (D)(2) of this rule, the director shall
issue a written order of suspension and cause it to be delivered by certified
mail or in person in accordance with section
119.07 of the Revised Code. The
order shall not be subject to suspension by the court while an appeal filed
under section 119.12 of the Revised Code is
pending. If the license holder subject to the suspension requests an
adjudication, the date set for the adjudication shall be within fifteen days
but not earlier than seven days after the license holder makes the request,
unless another date is agreed to by both the license holder and the director.
The summary suspension shall remain in effect, unless reversed by the director,
until a final adjudication order issued by the director pursuant to this
chapter and Chapter 119. of the Revised Code becomes effective. The director
shall issue a final adjudication order not later than ninety days after
completion of the adjudication. If the director does not issue a final order
within the ninety-day period, the summary suspension shall be void, but any
final adjudication order issued subsequent to the ninety-day period shall not
be affected.
(4) Revoke a license
issued under this chapter if the director determines that a violation of a rule
under this chapter has occurred in such a manner as to pose an imminent threat
of serious physical or life-threatening danger to one or more patients or
residents.
(5) In accordance with
Chapter 119. of the Revised Code, for a second or subsequent violation of
Chapter 3711. of the Revised Code or this chapter, or for an initial violation
the director determines has caused or poses an imminent threat of serious
physical or life-threatening danger, issue an order that the unit or home cease
operation.
(E) If the
director issues an order revoking or suspending a license issued under this
rule and the license holder continues to operate a maternity unit, newborn care
nursery, or maternity home, the director may ask the attorney general to apply
to the court of common pleas of the county in which the
license
holder is located for an order enjoining the
license holder
from operating the unit, nursery, or home. The court shall grant the order on a
showing that the person is operating the maternity unit, newborn care nursery,
or maternity home.
(F) In
determining which of the actions to take under paragraph (D) of this rule, the
director may consider, but is not limited to, the following factors:
(1) The danger of serious physical or
life-threatening harm to one or more patients or residents
, including a determination whether the harm presents
an:
(a)
Imminent threat
of serious physical or life threatening danger, or an immediate serious threat
to the emotional health, safety, or security one or more patients or
residents;
(b)
Direct threat to the physical or emotional health,
safety, or security of one or more patients or residents; or
(c)
Indirect threat
or potential threat to the physical or emotional health, safety, or security od
one or more patients or residents;
(2)
The number of patients or
residents directly affected by the violation;
(3) The number of staff involved in the
violation;
(4)
Whether the maternity unit, newborn
care nursery, or home took appropriate actions to
correct the violation; and
(5) The compliance
history of the maternity unit, newborn care nursery, or maternity
home.
