Current through all regulations passed and filed through September 16, 2024
(A) If the director
determines that an HCF is operating without a license in violation of division
(E)(1) of section 3702.30 of the Revised Code, the
director shall do one or more of the following:
(1) Notify the HCF that it is operating
without a license and issue a written order that the HCF apply for a license.
The order shall specify the time frame for filing a complete application in
accordance with rule
3701-83-04 of the Administrative
Code that shall not exceed thirty days after the date of the order;
(2) Issue a written order that the HCF cease
its operations. The department shall deliver the written order issued under
section 3702.32 of the Revised Code to
the HCF. The order shall be effective no later than fifteen days after the
facility receives the order, and shall stay in effect until such time as
specified by the director or until a license is issued;
(3) Issue a written order that prohibits the
HCF from performing certain types of services. The department shall deliver the
written order issued under section
3702.32 of the Revised Code to
the HCF. The order shall be effective on the date specified in the order and
shall stay in effect until such time as specified by the director or until a
license is issued;
(4) Impose a
civil penalty as provided under paragraph (A) of rule
3701-83-05.2 of the
Administrative Code. The civil penalty shall not be less than one thousand
dollars and not more than two hundred fifty thousand dollars;
(5) Impose an additional civil penalty as
provided under paragraph (D) of rule
3701-83-05.2 of the
Administrative Code. The civil penalty shall not be less than one thousand
dollars and not more than ten thousand dollars for each day that the HCF
continues to operate without a license in violation of an order issued under
paragraph (A) of this rule.
(B) The director may file a petition in the
court of common pleas of the county in which a HCF is located for an injunction
enjoining the facility from operating if the HCF is subject to an order issued:
(1) Under paragraph (A)(1) of this rule but
the HCF continues to operate in violation of such order after the time frame
specified for filing an application; or
(2) Under paragraph (A)(2) of this rule but
the HCF continues to operate or provide services in violation of such
order.
(C) If the
director determines that the HCF is not complying with any provision of section
3702.30 of the Revised Code,
other than a violation under division (E)(1) or (E)(2) of that section, any
provision of Chapter 3701-83 of the Administrative Code, or any other rule
adopted by the director under section
3702.30 of the Revised Code, the
director may do any or all of the following :
(1) Provide an opportunity to correct the
violation within a specified period of time;
(2) Revoke, suspend, or refuse to renew the
license;
(3) Prior to or during the
pendency of an administrative hearing under Chapter 119. of the Revised Code,
issue an order that prohibits the HCF from performing certain types of
services. The order shall be effective on the date specified in the order;
(4) Impose a civil penalty as
provided under paragraph (A) of rule
3701-83-05.2 of the
Administrative Code. The civil penalty shall not be less than one thousand
dollars and not more than two hundred fifty thousand dollars;
(5) Impose an additional civil penalty as
provided under paragraph (E) of rule
3701-83-05.2 of the
Administrative Code. The civil penalty shall not be less than five hundred
dollars and not more than ten thousand dollars for each day that the HCF fails
to correct the violation.
(D) In determining which of the actions to
take under paragraph (C) of this rule, the director may consider, but is not
limited to, any or all of the following factors:
(1) The danger of serious physical or life
threatening harm to one or more patients of the HCF;
(2) The nature, duration, gravity, and extent
of the violation;
(3) Whether the
violation directly relates to patient care;
(4) The number, if any, of patients directly
affected by the violation;
(5) The
extent of any actual or potential harm to patients;
(6) The actions taken by the HCF to correct
the violation; and
(7) The
compliance history of the HCF.
(E) The director may file a petition in the
court of common pleas of the county in which the facility is located for an
injunction enjoining:
(1) A HCF that is
operating without a license from performing certain types of services if the
HCF is subject to an order issued under paragraph (A)(3) of this rule but
continues to perform the types of services prohibited by the order;
or
(2) A licensed HCF from
performing certain types of services if the HCF is subject to an order issued
under paragraph (C)(3) of this rule but continues to perform the types of
services prohibited by the order.
(F) If, after reporting under division (E)(2)
of section 3702.30 of the Revised Code that
a physician failed to obtain informed consent under any provision of the
Revised Code, the department finds that the physician has continued to engage
in a pattern of violating the same informed consent provision at the HCF and
that the HCF has failed to take reasonable steps to ensure that the physician
does not continue the same violation at the HCF, the department may, after
providing the HCF an opportunity for a hearing pursuant to Chapter 119. of the
Revised Code, impose a civil penalty on the HCF. The penalty shall be not less
than one thousand dollars and not more than fifty thousand dollars. For the
purpose of this paragraph, "pattern" means a violation of the same provision of
the Revised Code that reasonably could have been prevented by a facility's
corrective action and was determined by the department to have occurred at
least twice after the department made its report as provided in division (E)(2)
of section 3702.30 of the Revised
Code.
Effective: 7/1/2016
Five Year Review
(FYR) Dates: 02/16/2016 and
02/15/2021
Promulgated
Under: 119.03
Statutory Authority: 3702.13, 3702.30,
3702.32
Rule Amplifies: 3702.12, 3702.13, 3702.30,
3702.32
Prior Effective Dates:
6/1/2006
