As Reported by the Senate Finance and Financial            2            

                     Institutions Committee                        2            

123rd General Assembly                                             5            

   Regular Session                             Sub. H. B. No. 403  6            

      1999-2000                                                    7            


    REPRESENTATIVES TIBERI-VAN VYVEN-NETZLEY-GOODMAN-MOTTLEY-      9            

     OGG-DePIERO-OLMAN-TAYLOR-JONES-BUEHRER-EVANS-KRUPINSKI-       10           

       FLANNERY-BRITTON-ROBERTS-R. MILLER-D. MILLER-BOYD-          11           

    CORBIN-EVANS-STAPLETON-BARRETT-GARDNER-SCHURING-METTLER-       12           

   WINKLER-BUCHY-HARTNETT-SALERNO-ALLEN-O'BRIEN-PATTON-DISTEL-     14           

    J. BEATTY-VERICH-BARNES-CLANCY-CALVERT-HOLLISTER-REDFERN-                   

    GOODING-VESPER-A. CORE-WIDENER-HOOPS-PETERSON-JOLIVETTE-       15           

     HARRIS-TERWILLEGER-AUSTRIA-STEVENS-SENATORS HOTTINGER-        16           

                          WHITE-JOHNSON                            17           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend sections 173.19, 3702.525, 3721.21,          21           

                5111.20, 5111.25, 5111.251, and 5111.62 and to     22           

                enact sections 173.45 to 173.59, 3721.026, and     23           

                3721.027 of the Revised Code to require the                     

                publication of the Ohio Long-Term Care Consumer    25           

                Guide, to create a nursing facility technical      26           

                assistance program, to change the method of        28           

                calculating nursing facilities' and intermediate                

                care facilities for the mentally retarded's        29           

                Medicaid reimbursement rates for indirect care     30           

                and capital costs for fiscal year 2001, to         31           

                specify in the law governing nursing homes that    32           

                neglect does not include allowing a resident to                 

                receive only treatment by spiritual means through  33           

                prayer in accordance with the tenets of a          34           

                recognized religious denomination, to require the  35           

                Department of Health to investigate valid          36           

                complaints that the State Long-Term Care           37           

                Ombudsperson Program has been unable to resolve,   38           

                                                          2      


                                                                 
                to make an exception to the certificate of need    40           

                implementation deadline, and to make an            41           

                appropriation.                                     42           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        44           

      Section 1.  That sections 173.19, 3702.525, 3721.21,         46           

5111.20, 5111.25, 5111.251, and 5111.62 be amended and sections    48           

173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52,    49           

173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 3721.026,               

and 3721.027 of the Revised Code be enacted to read as follows:    51           

      Sec. 173.19.  (A)  The office of the state long-term care    60           

ombudsperson program, through the state long-term care             61           

ombudsperson and the regional long-term care ombudsperson          63           

programs, shall receive, investigate, and attempt to resolve       65           

complaints made by residents, recipients, sponsors, providers of   66           

long-term care, or any person acting on behalf of a resident or    67           

recipient, relating to either of the following:                    68           

      (1)  The health, safety, welfare, or civil rights of a       70           

resident or recipient or any violation of a resident's rights      71           

described in sections 3721.10 to 3721.17 of the Revised Code;      72           

      (2)  Any action or inaction or decision by a provider of     74           

long-term care or representative of a provider, a governmental     75           

entity, or a private social service agency that may adversely      76           

affect the health, safety, welfare, or rights of a resident or     77           

recipient.                                                         78           

      (B)  The department of aging shall adopt rules in            80           

accordance with Chapter 119. of the Revised Code regarding the     81           

handling of complaints received under this section, including      82           

procedures for conducting investigations of complaints.  The       83           

rules shall include procedures to ensure that no representative    84           

of the office investigates any complaint involving a provider of   85           

long-term care with which the representative was once employed or  86           

associated.                                                        87           

                                                          3      


                                                                 
      The state ombudsperson and regional programs shall           89           

establish procedures for handling complaints consistent with the   91           

department's rules.  Complaints shall be dealt with in accordance  92           

with the procedures established under this division.               93           

      (C)  The office of the state long-term care ombudsperson     96           

program may decline to investigate any complaint if it determines  97           

any of the following:                                              98           

      (1)  That the complaint is frivolous, vexatious, or not      100          

made in good faith;                                                101          

      (2)  That the complaint was made so long after the           103          

occurrence of the incident on which it is based that it is no      104          

longer reasonable to conduct an investigation;                     105          

      (3)  That an adequate investigation cannot be conducted      107          

because of insufficient funds, insufficient staff, lack of staff   108          

expertise, or any other reasonable factor that would result in an  109          

inadequate investigation despite a good faith effort;              110          

      (4)  That an investigation by the office would create a      112          

real or apparent conflict of interest.                             113          

      (D)  If a regional long-term care ombudsperson program       115          

declines to investigate a complaint, it shall refer the complaint  116          

to the state long-term care ombudsperson.                          117          

      (E)  Each complaint to be investigated by a regional         119          

program shall be assigned to a representative of the office of     120          

the state long-term care ombudsperson program.  If the             121          

representative determines that the complaint is valid, the         122          

representative shall assist the parties in attempting to resolve   124          

it.  If the representative is unable to resolve it, the            126          

representative may SHALL refer the complaint to the state          128          

ombudsperson.                                                                   

      In order to carry out the duties of sections 173.14 to       130          

173.26 of the Revised Code, a representative has the right to      132          

private communication with residents and their sponsors and        133          

access to long-term care facilities, including the right to tour   134          

resident areas unescorted and the right to tour facilities         135          

                                                          4      


                                                                 
unescorted as reasonably necessary to the investigation of a       136          

complaint.  Access to facilities shall be during reasonable hours  137          

or, during investigation of a complaint, at other times            138          

appropriate to the complaint.                                      139          

      When community-based long-term care services are provided    141          

at a location other than the recipient's home, a representative    142          

has the right to private communication with the recipient and the  144          

recipient's sponsors and access to the community-based long-term   145          

care site, including the right to tour the site unescorted.        146          

Access to the site shall be during reasonable hours or, during     147          

the investigation of a complaint, at other times appropriate to    148          

the complaint.                                                     149          

      (F)  The state ombudsperson shall determine whether          151          

complaints referred to the ombudsperson under division (D) or (E)  153          

of this section warrant investigation.  The ombudsperson's         155          

determination in this matter is final.                             156          

      Sec. 173.45.  AS USED IN SECTIONS 173.45 TO 173.59 OF THE    159          

REVISED CODE:                                                                   

      (A)  "CLINICAL QUALITY INDICATOR" MEANS A MEASURE OF AN      161          

ASPECT OF THE PHYSICAL OR MENTAL CONDITIONS OF THE RESIDENTS OF A  162          

NURSING FACILITY THAT IS DERIVED FROM DATA TAKEN FROM RESIDENT     164          

ASSESSMENT INSTRUMENTS SUBMITTED BY NURSING FACILITIES FOR         165          

PURPOSES OF THE MEDICARE AND MEDICAID PROGRAMS.                    166          

      (B)  "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01   168          

OF THE REVISED CODE.                                               169          

      (C)  "MEDICARE" MEANS THE PROGRAM OPERATED PURSUANT TO       172          

TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42  174          

U.S.C.A. 301, AS AMENDED.                                          175          

      (D)  "NURSING FACILITY" MEANS EITHER OF THE FOLLOWING:       177          

      (1)  A FACILITY, OR A DISTINCT PART OF A FACILITY, THAT IS   180          

CERTIFIED AS A NURSING FACILITY OR A SKILLED NURSING FACILITY FOR  181          

PURPOSES OF THE MEDICARE OR MEDICAID PROGRAM;                      182          

      (2)  A NURSING HOME LICENSED UNDER SECTION 3721.02 OF THE    185          

REVISED CODE THAT IS NOT CERTIFIED AS A NURSING FACILITY OR        186          

                                                          5      


                                                                 
SKILLED NURSING FACILITY.                                                       

      (E)  "DEFICIENCY," "IMMEDIATE JEOPARDY," "STANDARD SURVEY,"  188          

AND "SUBSTANDARD CARE" HAVE THE SAME MEANINGS AS IN SECTION        190          

5111.35 OF THE REVISED CODE.                                       191          

      (F)  "SURVEY DATA TAG" MEANS ANY OF THE DATA TAGS USED IN    193          

THE MEDICARE AND MEDICAID PROGRAMS FOR IDENTIFICATION OF SPECIFIC  194          

REGULATORY REQUIREMENTS.                                           195          

      Sec. 173.46.  THE DEPARTMENT OF AGING SHALL DEVELOP AND      197          

PUBLISH A GUIDE TO NURSING FACILITIES IN THIS STATE FOR USE BY     198          

INDIVIDUALS CONSIDERING NURSING FACILITY PLACEMENT AND THEIR       199          

FAMILIES, FRIENDS, AND ADVISORS.  THE GUIDE SHALL BE TITLED THE    200          

OHIO LONG-TERM CARE CONSUMER GUIDE.                                201          

      THE CONSUMER GUIDE SHALL BE PUBLISHED IN COMPUTERIZED FORM   203          

FOR DISTRIBUTION OVER THE INTERNET.  THE GUIDE SHALL BE MADE       205          

AVAILABLE NOT LATER THAN FOURTEEN MONTHS AFTER THE EFFECTIVE DATE  206          

OF THIS SECTION AND SHALL BE UPDATED IN ACCORDANCE WITH SECTION    207          

173.52 OF THE REVISED CODE.                                        208          

      EVERY TWO YEARS, THE DEPARTMENT SHALL PUBLISH AN EXECUTIVE   210          

SUMMARY OF THE CONSUMER GUIDE, AND SHALL MAKE THE EXECUTIVE        211          

SUMMARY AVAILABLE IN BOTH COMPUTERIZED AND PRINTED FORMS.          212          

      Sec. 173.47.  THE DEPARTMENT OF AGING MAY CONTRACT WITH ANY  214          

PERSON OR GOVERNMENT ENTITY TO PERFORM ANY FUNCTION RELATED TO     215          

THE PUBLICATION OF THE OHIO LONG-TERM CARE CONSUMER GUIDE OR THE   217          

COLLECTION AND PREPARATION OF DATA AND OTHER MATERIAL FOR THE      219          

GUIDE, EXCEPT THAT THE DEPARTMENT SHALL CONTRACT TO HAVE THE       221          

CUSTOMER SATISFACTION SURVEYS CONDUCTED UNDER SECTION 173.54 OF                 

THE REVISED CODE.  IN AWARDING THE CONTRACT TO HAVE THE SURVEYS    223          

CONDUCTED, THE DEPARTMENT SHALL CONTRACT WITH A PERSON OR                       

GOVERNMENT ENTITY THAT HAS EXPERIENCE IN SURVEYING THE CUSTOMER    224          

SATISFACTION OF NURSING FACILITY RESIDENTS AND THEIR FAMILIES.     225          

THE DEPARTMENT'S CONTRACT SHALL PERMIT THE PERSON OR GOVERNMENT    226          

ENTITY TO SUBCONTRACT WITH OTHER PERSONS OR GOVERNMENT ENTITIES    227          

FOR PURPOSES OF CONDUCTING ALL OR PART OF THE SURVEYS.                          

      Sec. 173.48.  IN DEVELOPING AND PUBLISHING THE OHIO          229          

                                                          6      


                                                                 
LONG-TERM CARE CONSUMER GUIDE, THE DEPARTMENT OF AGING SHALL       230          

ADHERE TO THE FOLLOWING PRINCIPLES:                                231          

      (A)  THE GUIDE SHOULD BE DESIGNED TO PROVIDE USERS WITH A    233          

VARIETY OF MEASURES OF NURSING FACILITY QUALITY AND WITH OTHER     234          

INFORMATION USEFUL IN COMPARING AND SELECTING NURSING FACILITIES.  236          

      (B)  THE GUIDE SHOULD PRESENT THE INFORMATION SPECIFIED IN   238          

DIVISION (A) OF THIS SECTION IN A MANNER THAT IS EASY TO USE AND   239          

UNDERSTAND.                                                        240          

      (C)  THE GUIDE SHOULD ALLOW USERS TO DETERMINE WHICH OF THE  242          

AVAILABLE MEASURES ARE MOST IMPORTANT TO THEM.                     244          

      (D)  THE INFORMATION IN THE GUIDE SHOULD BE KEPT AS CURRENT  246          

AS PRACTICABLE.                                                    247          

      (E)  THE GUIDE SHOULD BE DESIGNED TO PROMOTE EXCELLENCE IN   249          

NURSING FACILITY QUALITY.                                          250          

      (F)  THE GUIDE SHOULD PROMOTE AWARENESS OF THE RANGE OF      252          

LONG-TERM CARE SERVICES AVAILABLE TO OHIOANS.                      253          

      Sec. 173.49.  WITH REGARD TO THE ACCESSIBILITY OF THE OHIO   255          

LONG-TERM CARE CONSUMER GUIDE AND THE EXECUTIVE SUMMARY OF THE     256          

GUIDE, THE FOLLOWING SHALL APPLY:                                  257          

      (A)  THE DEPARTMENT OF AGING SHALL MAKE THE GUIDE AND        259          

SUMMARY AVAILABLE TO ANY PERSON OR GOVERNMENT ENTITY AND SHALL     261          

NOT RESTRICT ACCESS BY REQUIRING PAYMENT OF A FEE, USE OF A        262          

PASSWORD, OR FULFILLMENT OF ANY OTHER CONDITION.                                

      (B)  THE DEPARTMENT OF AGING SHALL DEVELOP AND IMPLEMENT     265          

PROGRAMS AND OTHER STRATEGIES TO ENCOURAGE USE OF THE GUIDE BY     266          

INDIVIDUALS CONSIDERING NURSING FACILITY PLACEMENT AND THEIR       267          

FAMILIES, FRIENDS, AND ADVISORS.                                   268          

      Sec. 173.50.  THE OHIO LONG-TERM CARE CONSUMER GUIDE SHALL   270          

INCLUDE INFORMATION ON EACH NURSING FACILITY IN THIS STATE.  FOR   271          

EACH FACILITY, THE GUIDE SHALL INCLUDE, TO THE EXTENT IT IS        273          

AVAILABLE TO THE DEPARTMENT OF AGING, ALL OF THE FOLLOWING         274          

INFORMATION:                                                                    

      (A)  CUSTOMER SATISFACTION DATA OBTAINED UNDER SECTION       276          

173.54 OF THE REVISED CODE;                                        277          

                                                          7      


                                                                 
      (B)  CLINICAL QUALITY INDICATOR DATA OBTAINED UNDER SECTION  279          

173.56 OF THE REVISED CODE;                                        280          

      (C)  DATA DERIVED FROM STANDARD SURVEYS AS SPECIFIED IN      283          

DIVISION (C)(3) OF SECTION 173.51 OF THE REVISED CODE;             284          

      (D)  ANY OTHER INFORMATION SPECIFIED IN SECTIONS 173.45 TO   286          

173.59 OF THE REVISED CODE OR THE RULES ADOPTED UNDER SECTION      288          

173.57 OF THE REVISED CODE.                                                     

      Sec. 173.51.  THE OHIO LONG-TERM CARE CONSUMER GUIDE SHALL   291          

BE STRUCTURED IN ACCORDANCE WITH THIS SECTION AND ANY APPLICABLE   293          

RULES ADOPTED UNDER SECTION 173.57 OF THE REVISED CODE.            294          

      (A)  THE OPENING ELECTRONIC PAGE OF THE CONSUMER GUIDE       296          

SHALL INCLUDE ALL OF THE FOLLOWING GENERAL INFORMATION:            297          

      (1)  A DESCRIPTION OF THE GUIDE;                             299          

      (2)  DISCLAIMERS STATING THE LIMITATIONS OF THE DATA         301          

INCLUDED IN THE GUIDE.  THE DISCLAIMERS SHALL INCLUDE A STATEMENT  302          

THAT STANDARD SURVEYS OF NURSING FACILITIES ARE CONDUCTED AT       303          

PERIODIC INTERVALS AND A STATEMENT THAT CONDITIONS AT A FACILITY   304          

CAN CHANGE SIGNIFICANTLY BETWEEN STANDARD SURVEYS.                 305          

      (3)  A RECOMMENDATION THAT INDIVIDUALS CONSIDERING NURSING   307          

FACILITY PLACEMENT VISIT ANY FACILITIES THEY ARE CONSIDERING;      308          

      (4)  ELECTRONIC LINKS TO OTHER INFORMATION ON THE INTERNET   310          

ABOUT SELECTING NURSING FACILITIES AND ABOUT OTHER LONG-TERM CARE  311          

OPTIONS, INCLUDING INFORMATION MAINTAINED BY PERTINENT GOVERNMENT  313          

AGENCIES AND PRIVATE ORGANIZATIONS AND TELEPHONE NUMBERS FOR       314          

THOSE AGENCIES AND ORGANIZATIONS;                                               

      (5)  ANY OTHER INFORMATION THE DEPARTMENT OF AGING           316          

SPECIFIES IN RULES ADOPTED UNDER SECTION 173.57 OF THE REVISED     318          

CODE.                                                                           

      (B)  THE CONSUMER GUIDE SHALL BE STRUCTURED IN A MANNER      320          

THAT ALLOWS THE USER TO SEARCH FOR INFORMATION IN THE GUIDE IN     321          

MULTIPLE WAYS, INCLUDING SEARCHES BY FACILITY NAME, COUNTY,        323          

MUNICIPALITY, POSTAL ZIP CODE, SOURCE OF NURSING FACILITY          324          

PAYMENT, AND SPECIAL CARE SERVICE.                                 325          

      (C)  THE FIRST INFORMATION TO APPEAR ON THE COMPUTER SCREEN  327          

                                                          8      


                                                                 
FOLLOWING A SEARCH SHALL BE A LIST OF ALL FACILITIES IDENTIFIED    328          

BY THE SEARCH.  FOR ALL OF THE FACILITIES LISTED, THE CONSUMER     329          

GUIDE SHALL PRESENT THE USER WITH SUMMARIZED COMPARATIVE MEASURES  331          

AND ELECTRONIC LINKS TO DEFINITIONS AND DESCRIPTIONS OF THE        332          

MEASURES.  THE GUIDE SHALL INCLUDE A FEATURE THAT ALLOWS THE USER               

TO CHOOSE THE PARTICULAR COMPARATIVE MEASURES THAT WILL BE         333          

DISPLAYED ON THE SCREEN.  THE GUIDE ALSO MAY INCLUDE A CONSUMER    334          

NEEDS ASSESSMENT FUNCTION TO ASSIST THE USER IN CHOOSING           335          

MEASURES.  THE COMPARATIVE MEASURES SHALL BE DERIVED FROM THE      336          

FOLLOWING SOURCES:                                                              

      (1)  THE AGGREGATE RESPONSES MADE BY A FACILITY'S RESIDENTS  338          

OR THEIR FAMILIES TO MEASURES OF CUSTOMER SATISFACTION INCLUDED    341          

IN THE SURVEYS CONDUCTED UNDER SECTION 173.54 OF THE REVISED       342          

CODE.  THE MEASURES SHALL BE SPECIFIED IN RULES ADOPTED UNDER      344          

SECTION 173.57 OF THE REVISED CODE.  FOR EACH MEASURE, THE GUIDE   345          

SHALL COMPARE THE RESPONSES FOR THE FACILITY TO THE STATEWIDE      346          

AVERAGE OR TO A PEER-GROUP AVERAGE SPECIFIED IN RULE UNDER         347          

SECTION 173.57 OF THE REVISED CODE.                                348          

      (2)  THE SCORES ON CLINICAL QUALITY INDICATORS CALCULATED    351          

UNDER SECTION 173.56 OF THE REVISED CODE.  THE INDICATORS SHALL    352          

BE SPECIFIED IN RULES ADOPTED UNDER SECTION 173.57 OF THE REVISED  353          

CODE.  FOR EACH INDICATOR, THE GUIDE SHALL COMPARE THE FACILITY'S  354          

SCORE TO THE STATEWIDE AVERAGE OR TO A PEER-GROUP AVERAGE          355          

SPECIFIED IN RULE UNDER SECTION 173.57 OF THE REVISED CODE.  THE   356          

SCORES SHALL BE EXPRESSED AS PERCENTAGES.                          357          

      (3)  ALL OF THE FOLLOWING:                                   359          

      (a)  THE DATE OF THE FACILITY'S MOST RECENT STANDARD         361          

SURVEY;                                                            362          

      (b)  THE PERCENTAGE OF SPECIFIED SURVEY DATA TAGS FOR WHICH  364          

THE FACILITY WAS FOUND TO BE IN COMPLIANCE DURING THE FACILITY'S   365          

MOST RECENT STANDARD SURVEY.  THE DEPARTMENT OF AGING SHALL        367          

SPECIFY IN RULE THE SURVEY DATA TAGS USED FOR THIS PURPOSE AND     368          

MAY EXCLUDE TAGS THAT ARE NEVER OR VERY RARELY CITED DURING        369          

SURVEYS.                                                                        

                                                          9      


                                                                 
      (c)  THE STATEWIDE AVERAGE PERCENTAGE OF THE SPECIFIED       371          

SURVEY DATA TAGS FOR WHICH FACILITIES WERE FOUND TO BE IN          373          

COMPLIANCE DURING THE MOST RECENT STANDARD SURVEYS.                374          

ALTERNATIVELY, THE DEPARTMENT OF AGING MAY PRESCRIBE BY RULE THAT  375          

A PEER-GROUP AVERAGE BE USED.                                      376          

      (d)  THE NUMBER OF SPECIFIED SURVEY DATA TAGS CITED BY THE   378          

DEPARTMENT OF HEALTH IN THE FACILITY'S MOST RECENT STANDARD        379          

SURVEY;                                                            380          

      (e)  THE STATEWIDE AVERAGE NUMBER OF SPECIFIED SURVEY DATA   382          

TAGS CITED BY THE DEPARTMENT OF HEALTH DURING THE MOST RECENT      383          

STANDARD SURVEYS.  ALTERNATIVELY, THE DEPARTMENT OF AGING MAY      385          

PRESCRIBE BY RULE THAT A PEER-GROUP AVERAGE BE USED.                            

      (f)  THE DATE THE FACILITY ACHIEVED SUBSTANTIAL COMPLIANCE   387          

WITH MEDICARE AND MEDICAID CERTIFICATION REQUIREMENTS;             388          

      (g)  WHETHER THE DEPARTMENT OF HEALTH DETERMINED THAT THE    390          

FACILITY PROVIDED SUBSTANDARD CARE TO RESIDENTS DURING TWO OF ITS  392          

LAST THREE STANDARD SURVEYS;                                       393          

      (h)  WHETHER THE DEPARTMENT OF HEALTH FOUND THAT THE CARE    395          

PROVIDED BY THE FACILITY PLACED RESIDENTS IN IMMEDIATE JEOPARDY    397          

DURING TWO OF ITS LAST THREE STANDARD SURVEYS.                     398          

      (4)  AN ELECTRONIC LINK FOR EACH FACILITY ON THE LIST        400          

ALLOWING THE USER TO GAIN ACCESS TO INFORMATION ON THE FACILITY    402          

MAINTAINED UNDER DIVISION (D) OF THIS SECTION.                     404          

      (D)  IN ADDITION TO THE SUMMARIZED INFORMATION PROVIDED BY   406          

THE GUIDE PURSUANT TO DIVISION (C) OF THIS SECTION, THE GUIDE      407          

SHALL PROVIDE SPECIFIC COMPARATIVE INFORMATION ON EACH NURSING     408          

FACILITY.  WHEN THE GUIDE'S USER OPENS AN ELECTRONIC LINK TO THE   410          

SPECIFIC INFORMATION, THE FIRST INFORMATION TO APPEAR ON THE       411          

COMPUTER SCREEN SHALL INCLUDE ALL OF THE FOLLOWING:                             

      (1)  THE NAME OF THE FACILITY AND ITS OWNER, THE FACILITY'S  413          

TELEPHONE NUMBER AND ADDRESS, INCLUDING THE COUNTY IN WHICH THE    415          

FACILITY IS LOCATED.  THE GUIDE SHALL INCLUDE A FUNCTION THAT      416          

PINPOINTS ON A MAP THE FACILITY'S LOCATION.                                     

      (2)  THE FACILITY'S STATUS WITH REGARD TO MEDICARE AND       418          

                                                          10     


                                                                 
MEDICAID CERTIFICATION AND PRIVATE ACCREDITATION;                  419          

      (3)  THE NUMBER OF BEDS IN THE FACILITY;                     421          

      (4)  INFORMATION ABOUT THE FACILITY'S STAFFING AS            423          

PRESCRIBED IN RULE BY THE DEPARTMENT OF AGING;                     424          

      (5)  AN ELECTRONIC LINK ALLOWING THE USER OF THE GUIDE TO    426          

GAIN ACCESS TO A LISTING OF SERVICES PROVIDED BY THE FACILITY.     427          

THE LISTING SHALL BE PRESENTED IN THE FORMAT SPECIFIED IN RULES    428          

ADOPTED UNDER SECTION 173.57 OF THE REVISED CODE.                  429          

      (6)  AT THE FACILITY'S OPTION, A PICTURE OF THE FACILITY, A  431          

BRIEF STATEMENT PROVIDED BY THE FACILITY, AND AN ELECTRONIC LINK   432          

TO ANY INFORMATION THE FACILITY MAINTAINS ABOUT ITSELF ON THE      433          

INTERNET;                                                                       

      (7)  THE SUMMARIZED INFORMATION SPECIFIED IN DIVISION (C)    435          

OF THIS SECTION FOR THE FACILITY, WITH ELECTRONIC LINKS ALLOWING   437          

THE USER TO GAIN ACCESS TO ADDITIONAL INFORMATION PRESENTED AS     439          

FOLLOWS:                                                                        

      (a)  FOR EACH STATISTICALLY VALID AND RELIABLE QUESTION      441          

ASKED ON THE QUESTIONNAIRES USED IN THE RESIDENT AND FAMILY        443          

SURVEYS CONDUCTED UNDER SECTION 173.54 OF THE REVISED CODE, THE    444          

GUIDE SHALL PRESENT THE CUSTOMER SATISFACTION RESPONSES.  THE      446          

RESPONSES FOR THE FACILITY SHALL BE COMPARED TO THE STATEWIDE      447          

AVERAGE OR TO A PEER-GROUP AVERAGE SPECIFIED IN RULE UNDER         448          

SECTION 173.57 OF THE REVISED CODE AND SHALL BE EXPRESSED IN       450          

PERCENTAGES.                                                                    

      (b)  FOR EACH CLINICAL QUALITY INDICATOR CALCULATED UNDER    453          

SECTION 173.56 OF THE REVISED CODE, THE GUIDE SHALL PRESENT THE    454          

FACILITY'S SCORE COMPARED TO THE STATEWIDE AVERAGE SCORE.  THE     455          

SCORES SHALL BE EXPRESSED AS PERCENTAGES.                          456          

      (c)  THE GUIDE SHALL PRESENT A LIST OF ALL SURVEY DATA TAGS  459          

THAT WERE CITED DURING THE FACILITY'S MOST RECENT STANDARD         460          

SURVEY, A BRIEF DESCRIPTION PERTAINING TO EACH DATA TAG,           461          

DIRECTIONS OR ELECTRONIC LINKS FOR OBTAINING MORE INFORMATION      462          

ABOUT THE FACILITY'S SURVEY HISTORY, AND LINKS TO THE TEXT OF      465          

EACH CITATION AND TO THE FACILITY'S PLAN OF CORRECTION FILED WITH  466          

                                                          11     


                                                                 
THE STATE FOR EACH CITATION.                                                    

      (8)  ANY OTHER INFORMATION THE DEPARTMENT OF AGING           468          

PRESCRIBES BY RULE.                                                             

      Sec. 173.52.  (A)  THE DEPARTMENT OF AGING SHALL UPDATE      472          

INFORMATION IN THE OHIO LONG-TERM CARE CONSUMER GUIDE AS FOLLOWS:  473          

      (1)  THE CUSTOMER SATISFACTION DATA OBTAINED UNDER SECTION   475          

173.54 OF THE REVISED CODE SHALL BE UPDATED ANNUALLY FOLLOWING     478          

THE SURVEYS CONDUCTED UNDER THAT SECTION.                                       

      (2)  THE CLINICAL QUALITY INDICATOR DATA OBTAINED UNDER      480          

SECTION 173.56 OF THE REVISED CODE SHALL BE UPDATED IN JANUARY,    482          

APRIL, JULY, AND OCTOBER OF EACH YEAR, USING THE MOST RECENT       484          

RESIDENT ASSESSMENT DATA AVAILABLE TO THE DEPARTMENT.                           

      (3)  THE DATA DERIVED FROM STANDARD SURVEYS OF EACH NURSING  486          

FACILITY, AS SPECIFIED IN DIVISION (C)(3) OF SECTION 173.51 OF     488          

THE REVISED CODE, SHALL BE UPDATED WEEKLY, USING THE MOST RECENT   489          

STANDARD SURVEY DATA AVAILABLE TO THE DEPARTMENT.  THE DEPARTMENT  491          

SHALL MODIFY THE DATA INCLUDED IN THE CONSUMER GUIDE TO REFLECT    493          

EITHER OF THE FOLLOWING:                                                        

      (a)  ANY CHANGE IN THE SURVEY DATA RESULTING FROM INFORMAL   495          

DISPUTE RESOLUTION, APPEAL, OR ANY OTHER PROCESS;                  496          

      (b)  THE DATE OF CORRECTION OF ANY CITATION.                 498          

      (4)  ANY OTHER INFORMATION SPECIFIED IN SECTIONS 173.45 TO   500          

173.59 OF THE REVISED CODE OR THE RULES ADOPTED UNDER SECTION      502          

173.57 OF THE REVISED CODE SHALL BE UPDATED AT THE TIME SPECIFIED  503          

IN THOSE SECTIONS OR THE RULES.                                                 

      (B)  THE DEPARTMENT OF AGING SHALL SPECIFY BY RULE           505          

INFORMATION IN THE GUIDE THAT NURSING FACILITIES CAN               506          

ELECTRONICALLY UPDATE WITHOUT THE NEED FOR ANY ACTION BY THE       508          

DEPARTMENT.  THE GUIDE SHALL INCLUDE A MECHANISM FOR SUCH          509          

UPDATES.  THIS DIVISION DOES NOT APPLY TO INFORMATION DESCRIBED    510          

IN DIVISIONS (A)(1), (2), AND (3) OF THIS SECTION.                 511          

      (C)  THE DEPARTMENT OF HEALTH SHALL COOPERATE WITH THE       513          

DEPARTMENT OF AGING TO ENSURE THAT STANDARD SURVEY INFORMATION     514          

AND QUALITY INDICATOR DATA ARE UPDATED IN ACCORDANCE WITH THIS     516          

                                                          12     


                                                                 
SECTION, SUBJECT TO THE REGULATORY REQUIREMENTS, PROCEDURES, AND   517          

GUIDELINES OF THE UNITED STATES HEALTH CARE FINANCING              518          

ADMINISTRATION.                                                                 

      Sec. 173.53.  IN ADDITION TO THE COMPUTERIZED OHIO           520          

LONG-TERM CARE CONSUMER GUIDE, THE DEPARTMENT OF AGING SHALL       522          

PREPARE AND MAKE AVAILABLE TO THE PUBLIC PRINTED INFORMATION TO    523          

ASSIST CONSUMERS IN MAKING LONG-TERM CARE AND NURSING FACILITY     524          

PLACEMENT DECISIONS, PARTICULARLY CONSUMERS WHO DO NOT HAVE        525          

ACCESS TO THE INTERNET.  THE PRINTED INFORMATION SHALL SPECIFY     526          

ORGANIZATIONS THAT WILL PROVIDE CONSUMERS FREE ON-SITE ACCESS TO   527          

THE CONSUMER GUIDE AND WILL MAIL TO CONSUMERS FREE PAPER COPIES    528          

OF ELECTRONIC PAGES OF THE GUIDE.                                               

      Sec. 173.54.  (A)  THROUGH THE CONTRACT REQUIRED UNDER       530          

SECTION 173.47 OF THE REVISED CODE, THE DEPARTMENT OF AGING SHALL  531          

PROVIDE FOR CUSTOMER SATISFACTION SURVEYS FOR USE IN PUBLISHING    532          

THE OHIO LONG-TERM CARE CONSUMER GUIDE.  THE DEPARTMENT SHALL      533          

ENSURE THAT THE CUSTOMER SATISFACTION SURVEYS ARE CONDUCTED AS     534          

FOLLOWS:                                                           535          

      (1)  THE SURVEYS SHALL BE CONDUCTED ANNUALLY.                537          

      (2)  THE SURVEYS SHALL CONSIST OF STANDARDIZED,              539          

STATISTICALLY VALID AND RELIABLE QUESTIONNAIRES FOR NURSING        541          

FACILITY RESIDENTS AND FOR FAMILIES OF NURSING FACILITY            542          

RESIDENTS.  EACH QUESTIONNAIRE SHALL BE STRUCTURED IN A MANNER     543          

THAT PRODUCES STATISTICALLY TESTED VALID AND RELIABLE RESPONSES,   544          

AS SPECIFIED IN RULES ADOPTED BY THE DEPARTMENT.  EACH             545          

QUESTIONNAIRE SHALL ASK THE RESIDENT'S AGE AND GENDER.  THE        546          

RESIDENT QUESTIONNAIRE SHALL ASK WHO, IF ANYONE, ASSISTED THE      547          

RESIDENT IN COMPLETING THE QUESTIONNAIRE.  THE FAMILY              548          

QUESTIONNAIRE SHALL ASK THE RELATIONSHIP OF THE PERSON COMPLETING  549          

THE QUESTIONNAIRE TO THE RESIDENT.                                 550          

      (3)  THE RESIDENT SURVEY SHALL BE CONDUCTED IN PERSON,       552          

USING A STANDARDIZED SURVEY PROTOCOL DEVELOPED BY THE DEPARTMENT   553          

IN CONSULTATION WITH THE LONG-TERM CARE CONSUMER GUIDE ADVISORY    554          

COUNCIL.  THE SURVEY SHALL BE CONDUCTED IN A MANNER DESIGNED TO    556          

                                                          13     


                                                                 
PRESERVE THE RESIDENT'S CONFIDENTIALITY AS MUCH AS POSSIBLE.       557          

      (4)  THE FAMILY SURVEY SHALL BE CONDUCTED USING ANONYMOUS    559          

QUESTIONNAIRES DISTRIBUTED TO FAMILIES AND RETURNED TO A PERSON    560          

OTHER THAN THE NURSING FACILITY, IN ACCORDANCE WITH A              561          

STANDARDIZED SURVEY PROTOCOL DEVELOPED BY THE DEPARTMENT IN        563          

CONSULTATION WITH THE LONG-TERM CARE CONSUMER GUIDE ADVISORY       564          

COUNCIL.                                                                        

      (B)  IN ADDITION TO BEING USED FOR THE CONSUMER GUIDE, THE   566          

RESULTS OF THE SURVEYS CONDUCTED UNDER THIS SECTION SHALL BE       567          

PROVIDED TO THE NURSING FACILITIES TO WHICH THEY PERTAIN.  EACH    569          

NURSING FACILITY IN THIS STATE SHALL PARTICIPATE AS NECESSARY FOR  570          

SUCCESSFUL COMPLETION OF THE SURVEYS.                              571          

      Sec. 173.55.  THE DEPARTMENT OF AGING MAY CHARGE A FEE, NOT  573          

TO EXCEED FOUR HUNDRED DOLLARS, FOR EACH OF THE ANNUAL CUSTOMER    574          

SATISFACTION SURVEYS CONDUCTED UNDER SECTION 173.54 OF THE         576          

REVISED CODE.  THE FEE SHALL BE PAID BY THE NURSING FACILITY AND   577          

IS SUBJECT TO REIMBURSEMENT THROUGH THE MEDICAID PROGRAM PURSUANT  578          

TO SECTIONS 5111.20 TO 5111.32 OF THE REVISED CODE.                579          

      ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED TO  582          

THE CREDIT OF THE LONG-TERM CARE CONSUMER GUIDE FUND, WHICH IS                  

HEREBY CREATED IN THE STATE TREASURY.  THE FUND SHALL BE USED FOR  585          

COSTS ASSOCIATED WITH PUBLISHING THE OHIO LONG-TERM CARE CONSUMER  586          

GUIDE, INCLUDING THE COST OF CONTRACTING WITH PERSONS AND          587          

GOVERNMENT ENTITIES UNDER SECTION 173.47 OF THE REVISED CODE.      588          

THE DEPARTMENT MAY CONTRACT WITH A PERSON OR GOVERNMENT ENTITY TO  590          

COLLECT THE FEES ON BEHALF OF THE DEPARTMENT.                      591          

      Sec. 173.56.  FOR PURPOSES OF THE LONG-TERM CARE CONSUMER    593          

GUIDE, THE DEPARTMENT OF AGING SHALL USE, SUBJECT TO FEDERAL       595          

REGULATORY REQUIREMENTS, PROCEDURES, AND GUIDELINES, THE CLINICAL  596          

QUALITY INDICATORS CALCULATED FOR EACH NURSING FACILITY BY THE     598          

UNITED STATES HEALTH CARE FINANCING ADMINISTRATION FOR THE         599          

PURPOSES OF THE MEDICARE AND MEDICAID PROGRAMS.                    600          

      Sec. 173.57.  (A)  THE DEPARTMENT OF AGING SHALL ADOPT       602          

RULES TO IMPLEMENT AND ADMINISTER SECTIONS 173.45 TO 173.59 OF     605          

                                                          14     


                                                                 
THE REVISED CODE.  THE RULES SHALL SPECIFY ALL OF THE FOLLOWING:   607          

      (1)  THE CONTENT OF THE OHIO LONG-TERM CARE CONSUMER GUIDE,  610          

INCLUDING ANY INFORMATION IN ADDITION TO THE INFORMATION           612          

SPECIFIED IN SECTION 173.51 OF THE REVISED CODE;                   613          

      (2)  THE CONTENT OF THE COMPUTERIZED AND PRINTED FORMS OF    616          

THE EXECUTIVE SUMMARY OF THE CONSUMER GUIDE;                                    

      (3)  THE CUSTOMER SATISFACTION MEASURES TO BE PUBLISHED IN   618          

THE CONSUMER GUIDE PURSUANT TO DIVISION (C)(1) OF SECTION 173.51   619          

OF THE REVISED CODE;                                               621          

      (4)  THE CLINICAL QUALITY INDICATORS TO BE PUBLISHED IN THE  623          

CONSUMER GUIDE PURSUANT TO DIVISION (C)(2) OF SECTION 173.51 OF    625          

THE REVISED CODE;                                                  626          

      (5)  FOR PURPOSES OF STAFFING COMPARISONS UNDER DIVISION     629          

(D)(4) OF SECTION 173.51 OF THE REVISED CODE, CRITERIA TO BE USED               

IN CLASSIFYING NURSING FACILITIES INTO PEER GROUPS, WHICH MAY BE   631          

BASED ON CASE-MIX SCORES CALCULATED UNDER SECTION 5111.231 OF THE  632          

REVISED CODE, THE SIZE OF NURSING FACILITIES, THE LOCATION OF      633          

FACILITIES, OR OTHER PERTINENT FACTORS;                                         

      (6)  THE FORMAT FOR LISTING NURSING FACILITY SERVICES IN     635          

THE CONSUMER GUIDE AND THE MANNER IN WHICH THAT INFORMATION IS TO  636          

BE COLLECTED FROM NURSING FACILITIES;                              637          

      (7)  A METHOD OF INCLUDING ADDITIONAL LONG-TERM CARE         639          

FACILITIES AND SERVICE PROVIDERS IN THE CONSUMER GUIDE PURSUANT    641          

TO CONSIDERATIONS MADE UNDER DIVISION (B)(4) OF SECTION 173.58 OF  642          

THE REVISED CODE;                                                               

      (8)  ANY OTHER REQUIREMENTS NECESSARY TO IMPLEMENT AND       644          

ADMINISTER SECTIONS 173.45 TO 173.59 OF THE REVISED CODE.          645          

      (B)  THE DEPARTMENT SHALL DEVELOP RULES UNDER THIS SECTION   647          

IN CONSULTATION WITH THE LONG-TERM CARE CONSUMER GUIDE ADVISORY    649          

COUNCIL CREATED UNDER SECTION 173.58 OF THE REVISED CODE.  BEFORE  651          

FILING A RULE UNDER SECTION 119.03 OF THE REVISED CODE, THE        652          

DEPARTMENT SHALL PRESENT IT TO THE ADVISORY COUNCIL AND PROVIDE    653          

THE COUNCIL A REASONABLE TIME TO COMMENT ON IT.                    654          

      (C)  ALL RULES ADOPTED UNDER THIS SECTION SHALL BE ADOPTED   656          

                                                          15     


                                                                 
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  INITIAL      658          

RULES SHALL BE ADOPTED NOT LATER THAN SIX MONTHS AFTER THE         659          

EFFECTIVE DATE OF THIS SECTION.                                    660          

      Sec. 173.58.  (A)  THERE IS HEREBY CREATED THE LONG-TERM     662          

CARE CONSUMER GUIDE ADVISORY COUNCIL.  THE COUNCIL SHALL BE        663          

CONVENED BY THE DIRECTOR OF AGING AND SHALL CONSIST OF THE         665          

FOLLOWING MEMBERS:                                                              

      (1)  A REPRESENTATIVE OF THE DEPARTMENT OF AGING, APPOINTED  667          

BY THE DIRECTOR OF AGING;                                          668          

      (2)  A REPRESENTATIVE OF THE DEPARTMENT OF HEALTH,           670          

APPOINTED BY THE DIRECTOR OF HEALTH;                               671          

      (3)  A REPRESENTATIVE OF THE DEPARTMENT OF JOB AND FAMILY    673          

SERVICES, APPOINTED BY THE DIRECTOR OF JOB AND FAMILY SERVICES;    674          

      (4)  THE STATE LONG-TERM CARE OMBUDSPERSON;                  676          

      (5)  A FAMILY MEMBER OF A NURSING FACILITY RESIDENT,         678          

APPOINTED BY THE GOVERNOR;                                         679          

      (6)  A REPRESENTATIVE OF THE OHIO ASSOCIATION OF AREA        681          

AGENCIES ON AGING, APPOINTED BY THE PRESIDENT OF THE ASSOCIATION;  682          

      (7)  TWO REPRESENTATIVES OF THE OHIO HEALTH CARE             684          

ASSOCIATION, APPOINTED BY THE CHIEF ADMINISTRATOR OF THE           685          

ASSOCIATION;                                                                    

      (8)  TWO REPRESENTATIVES OF THE ASSOCIATION OF OHIO          687          

PHILANTHROPIC HOMES, HOUSING, AND SERVICES FOR THE AGING,          688          

APPOINTED BY THE CHIEF ADMINISTRATOR OF THE ASSOCIATION;           690          

      (9)  TWO REPRESENTATIVES OF THE OHIO ACADEMY OF NURSING      692          

HOMES, APPOINTED BY THE CHIEF ADMINISTRATOR OF THE ACADEMY;        693          

      (10)  A REPRESENTATIVE OF THE OHIO ASSOCIATION OF REGIONAL   695          

LONG-TERM CARE OMBUDSMEN, APPOINTED BY THE CHIEF ADMINISTRATOR OF  696          

THE ASSOCIATION;                                                   697          

      (11)  A REPRESENTATIVE OF THE OHIO CHAPTER OF THE AMERICAN   700          

ASSOCIATION OF RETIRED PERSONS, APPOINTED BY THE CHIEF             701          

ADMINISTRATOR OF THE CHAPTER;                                      702          

      (12)  A REPRESENTATIVE OF A CONSUMER GROUP OR OTHER          705          

NOT-FOR-PROFIT ENTITY THAT IS ORGANIZED FOR THE PURPOSE OF         706          

                                                          16     


                                                                 
PROMOTING IMPROVED CARE FOR NURSING HOME RESIDENTS, APPOINTED BY   707          

THE GOVERNOR;                                                                   

      (13)  A REPRESENTATIVE OF A RESEARCH ORGANIZATION,           709          

APPOINTED BY THE CHIEF ADMINISTRATOR OF THE ORGANIZATION.  THE     710          

RESEARCH ORGANIZATION REPRESENTED SHALL BE SELECTED BY THE         711          

DIRECTOR OF AGING FROM AMONG RESEARCH ORGANIZATIONS IN THIS STATE  712          

THAT HAVE EXPERIENCE IN LONG-TERM CARE POLICY MATTERS.             713          

      EACH COUNCIL MEMBER SHALL SERVE AT THE DISCRETION OF THE     715          

AUTHORITY THAT APPOINTED THE MEMBER.  EACH MEMBER SHALL SERVE      716          

WITHOUT COMPENSATION OR REIMBURSEMENT FOR EXPENSES, EXCEPT TO THE  717          

EXTENT THAT SERVING AS A MEMBER OF THE COUNCIL IS PART OF THE      718          

MEMBER'S REGULAR DUTIES OF EMPLOYMENT.                             719          

      THE MEMBER SERVING AS THE REPRESENTATIVE OF THE DEPARTMENT   721          

OF AGING SHALL SERVE AS THE COUNCIL'S CHAIRPERSON.  THE            722          

DEPARTMENT SHALL SUPPLY MEETING SPACE AND STAFF SUPPORT FOR THE    723          

COUNCIL.                                                                        

      (B)  THE COUNCIL'S DUTIES INCLUDE ALL OF THE FOLLOWING:      725          

      (1)  TO HELP DEVELOP AND REVIEW RULES TO BE ADOPTED BY THE   727          

DEPARTMENT OF AGING UNDER SECTION 173.57 OF THE REVISED CODE;      729          

      (2)  TO RECOMMEND ADMINISTRATIVE PRACTICES TO THE            731          

DEPARTMENT FOR IMPROVING THE OPERATION AND CONTENT OF THE OHIO     732          

LONG-TERM CARE CONSUMER GUIDE;                                     733          

      (3)  TO RECOMMEND LEGISLATIVE CHANGES TO THE DEPARTMENT      735          

NEEDED TO IMPROVE THE CONSUMER GUIDE;                              737          

      (4)  TO CONSIDER WHETHER IT IS FEASIBLE TO INCLUDE IN THE    739          

CONSUMER GUIDE OTHER LONG-TERM CARE FACILITIES, SUCH AS            740          

RESIDENTIAL CARE FACILITIES AND INTERMEDIATE CARE FACILITIES FOR   741          

THE MENTALLY RETARDED, AND LONG-TERM CARE SERVICE PROVIDERS, SUCH  742          

AS HOME HEALTH AGENCIES AND ADULT DAY SERVICE PROVIDERS;           743          

      (5)  TO CONSIDER WHETHER IT IS FEASIBLE TO INCLUDE IN THE    745          

CONSUMER GUIDE MEASUREMENTS OF QUALITY OF LIFE STANDARDS.          746          

      (C)  THE LONG-TERM CARE CONSUMER GUIDE ADVISORY COUNCIL IS   748          

NOT SUBJECT TO SECTION 101.84 OF THE REVISED CODE.                 749          

      Sec. 173.59.  (A)  THE DEPARTMENT OF AGING SHALL INCLUDE NO  751          

                                                          17     


                                                                 
ADVERTISING IN THE OHIO LONG-TERM CARE CONSUMER GUIDE THAT SHALL   752          

CAUSE A CONFLICT OF INTEREST.                                      753          

      (B)  THIS SECTION DOES NOT AFFECT INFORMATION INCLUDED IN    755          

THE OHIO LONG-TERM CARE CONSUMER GUIDE UNDER DIVISION (D)(6) OF    757          

SECTION 173.51 OF THE REVISED CODE.                                758          

      Sec. 3702.525.  (A)  Not later than twenty-four months       768          

after the date the director of health mails the notice that the    769          

certificate of need has been granted or, if the grant or denial    770          

of the certificate of need is appealed under section 3702.60 of    771          

the Revised Code, not later than twenty-four months after          772          

issuance of an order granting the certificate that is not subject  773          

to further appeal, each person holding a certificate of need       774          

granted on or after the effective date of this section APRIL 20,   775          

1995, shall:                                                                    

      (1)  If the project for which the certificate of need was    778          

granted primarily involves construction and is to be financed                   

primarily through external borrowing of funds, secure financial    779          

commitment for the stated purpose of developing the project and    780          

commence construction that continues uninterrupted except for      781          

interruptions or delays that are unavoidable due to reasons        782          

beyond the person's control, including labor strikes, natural      783          

disasters, material shortages, or comparable events;               784          

      (2)  If the project for which the certificate of need was    787          

granted primarily involves construction and is to be financed                   

primarily internally, receive formal approval from the holder's    788          

board of directors or trustees or other governing authority to     789          

commit specified funds for implementation of the project and       790          

commence construction that continues uninterrupted except for      791          

interruptions or delays that are unavoidable due to reasons        792          

beyond the person's control, including labor strikes, natural      793          

disasters, material shortages, or comparable events;               794          

      (3)  If the project for which the certificate of need was    797          

granted primarily involves acquisition of medical equipment,                    

enter into a contract to purchase or lease the equipment and to    798          

                                                          18     


                                                                 
accept the equipment at the site for which the certificate was     799          

granted;                                                           800          

      (4)  If the project for which the certificate of need was    803          

granted involves no capital expenditure or only minor renovations  804          

to existing structures, provide the health service or activity by  805          

the means specified in the approved application for the            806          

certificate;                                                                    

      (5)  If the project for which the certificate of need was    809          

granted primarily involves leasing a building or space that                     

requires only minor renovations to the existing space, execute a   810          

lease and provide the health service or activity by the means      811          

specified in the approved application for the certificate;         812          

      (6)  If the project for which the certificate of need was    815          

granted primarily involves leasing a building or space that has    816          

not been constructed or requires substantial renovations to                     

existing space, commence construction for the purpose of           817          

implementing the reviewable activity that continues uninterrupted  818          

except for interruptions or delays that are unavoidable due to     819          

reasons beyond the person's control, including labor strikes,      820          

natural disasters, material shortages, or comparable events.       821          

      (B)  The twenty-four-month period specified in division (A)  824          

of this section shall not be extended by any means, including the  825          

transfer of a certificate of need under division (C) of section    826          

3702.524 of the Revised Code or granting of a subsequent or                     

replacement certificate of need.  Each person holding a            828          

certificate of need granted on or after the effective date of      829          

this section APRIL 20, 1995, shall provide the director of health  831          

documentation of compliance with that division not later than the  832          

earlier of thirty days after complying with that division or five  833          

days after the twenty-four-month period expires.  Not later than   834          

the earlier of fifteen days after he receives RECEIVING the        835          

documentation or fifteen days after the twenty-four-month period   836          

expires, the director shall send by certified mail a notice to     837          

the holder of the certificate of need specifying whether the       838          

                                                          19     


                                                                 
holder has complied with division (A) of this section.             839          

      (C)  NOTWITHSTANDING DIVISION (B) OF THIS SECTION, THE       841          

TWENTY-FOUR-MONTH PERIOD SPECIFIED IN DIVISION (A) OF THIS         842          

SECTION SHALL BE EXTENDED FOR AN ADDITIONAL TWENTY-FOUR MONTHS     843          

FOR ANY CERTIFICATE OF NEED GRANTED FOR THE PURCHASE AND           844          

RELOCATION OF LICENSED NURSING HOME BEDS ON FEBRUARY 26, 1999.     845          

      (D)  A certificate of need granted on or after the           848          

effective date of this section APRIL 20, 1995, expires,            849          

regardless of whether the director sends a notice under division   850          

(B) of this section, if the holder fails to comply with division   851          

(A) OR (C) of this section or to provide information under         853          

division (B) of this section as necessary for the director to      854          

determine compliance.                                              855          

      Sec. 3721.026.  (A)  AS USED IN THIS SECTION AND SECTION     857          

3721.027 OF THE REVISED CODE, "CERTIFICATION REQUIREMENTS,"        859          

"COMPLIANCE," "NURSING FACILITY," AND "SURVEY" HAVE THE SAME       860          

MEANINGS AS IN SECTION 5111.35 OF THE REVISED CODE.                             

      (B)  THE DIRECTOR OF HEALTH SHALL ESTABLISH A UNIT WITHIN    862          

THE DEPARTMENT OF HEALTH TO PROVIDE ADVICE AND TECHNICAL           863          

ASSISTANCE TO NURSING FACILITIES FOR THE PURPOSE OF IMPROVING      864          

COMPLIANCE WITH CERTIFICATION REQUIREMENTS.  THE DIRECTOR SHALL    865          

ASSIGN TO THE UNIT EMPLOYEES WHO HAVE TRAINING OR EXPERIENCE IN    866          

CONDUCTING OR SUPERVISING SURVEYS, BUT EMPLOYEES ASSIGNED TO THE   867          

UNIT SHALL NOT CONDUCT SURVEYS.  THE DIRECTOR SHALL ADOPT RULES    868          

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT   869          

THIS SECTION.                                                      870          

      (C)  ON OR BEFORE THE LAST DAY OF DECEMBER EACH YEAR, THE    872          

DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE GENERAL     875          

ASSEMBLY DESCRIBING THE UNIT'S ACTIVITIES THAT YEAR AND ITS                     

EFFECTIVENESS IN IMPROVING COMPLIANCE WITH CERTIFICATION           876          

REQUIREMENTS.                                                      877          

      Sec. 3721.027.  THE DEPARTMENT OF HEALTH SHALL INVESTIGATE   879          

WITHIN TEN WORKING DAYS AFTER REFERRAL, IN ACCORDANCE WITH         880          

PROCEDURES AND CRITERIA TO BE ESTABLISHED BY THE DEPARTMENT OF     881          

                                                          20     


                                                                 
HEALTH AND THE DEPARTMENT OF AGING, ANY UNRESOLVED COMPLAINT THAT  882          

THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSPERSON HAS            883          

INVESTIGATED AND FOUND TO BE VALID AND HAS REFERRED TO THE         884          

DEPARTMENT UNDER SECTION 173.19 OF THE REVISED CODE.  THIS         885          

REQUIREMENT DOES NOT SUPERSEDE FEDERAL REQUIREMENTS FOR SURVEY     887          

AGENCY COMPLAINT INVESTIGATIONS.                                                

      Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of     896          

the Revised Code:                                                  897          

      (A)  "Long-term care facility" means either of the           899          

following:                                                         900          

      (1)  A nursing home as defined in section 3721.01 of the     902          

Revised Code, other than a nursing home or part of a nursing home  903          

certified as an intermediate care facility for the mentally        904          

retarded under Title XIX of the "Social Security Act," 49 Stat.    905          

620 (1935), 42 U.S.C.A. 301, as amended;                           906          

      (2)  A facility or part of a facility that is certified as   908          

a skilled nursing facility or a nursing facility under Title       909          

XVIII or XIX of the "Social Security Act."                         910          

      (B)  "Residential care facility" has the same meaning as in  912          

section 3721.01 of the Revised Code.                               913          

      (C)  "Abuse" means knowingly causing physical harm or        915          

recklessly causing serious physical harm to a resident by          916          

physical contact with the resident or by use of physical or        917          

chemical restraint, medication, or isolation as punishment, for    918          

staff convenience, excessively, as a substitute for treatment, or  919          

in amounts that preclude habilitation and treatment.               920          

      (D)  "Neglect" means recklessly failing to provide a         922          

resident with any treatment, care, goods, or service necessary to  923          

maintain the health or safety of the resident when the failure     924          

results in serious physical harm to the resident.  "NEGLECT" DOES  925          

NOT INCLUDE ALLOWING A RESIDENT, AT THE RESIDENT'S OPTION, TO      926          

RECEIVE ONLY TREATMENT BY SPIRITUAL MEANS THROUGH PRAYER IN        928          

ACCORDANCE WITH THE TENETS OF A RECOGNIZED RELIGIOUS                            

DENOMINATION.                                                      929          

                                                          21     


                                                                 
      (E)  "Misappropriation" means depriving, defrauding, or      931          

otherwise obtaining the real or personal property of a resident    932          

by any means prohibited by the Revised Code, including violations  933          

of Chapter 2911. or 2913. of the Revised Code.                     934          

      (F)  "Resident" includes a resident, patient, former         937          

resident or patient, or deceased resident or patient of a                       

long-term care facility or a residential care facility.            938          

      (G)  "Physical restraint" has the same meaning as in         940          

section 3721.10 of the Revised Code.                               941          

      (H)  "Chemical restraint" has the same meaning as in         943          

section 3721.10 of the Revised Code.                               944          

      (I)  "Nursing and nursing-related services" means the        947          

personal care services and other services not constituting                      

skilled nursing care that are specified in rules the public        948          

health council shall adopt in accordance with Chapter 119. of the  950          

Revised Code.                                                                   

      (J)  "Personal care services" has the same meaning as in     952          

section 3721.01 of the Revised Code.                               953          

      (K)  "Nurse aide" means an individual, other than a          955          

licensed health professional practicing within the scope of the    956          

professional's license, who provides nursing and nursing-related   958          

services to residents in a long-term care facility, either as a    959          

member of the staff of the facility for monetary compensation or   960          

as a volunteer without monetary compensation.                      961          

      (L)  "Licensed health professional" means all of the         963          

following:                                                         964          

      (1)  An occupational therapist or occupational therapy       966          

assistant licensed under Chapter 4755. of the Revised Code;        967          

      (2)  A physical therapist or physical therapy assistant      969          

licensed under Chapter 4755. of the Revised Code;                  970          

      (3)  A physician authorized under Chapter 4731. of the       972          

Revised Code to practice medicine and surgery, osteopathic         973          

medicine and surgery, or podiatry;                                 974          

      (4)  A physician assistant authorized under Chapter 4730.    977          

                                                          22     


                                                                 
of the Revised Code to practice as a physician assistant;                       

      (5)  A registered nurse or licensed practical nurse          979          

licensed under Chapter 4723. of the Revised Code;                  980          

      (6)  A social worker or independent social worker licensed   983          

under Chapter 4757. of the Revised Code or a social work                        

assistant registered under that chapter;                           984          

      (7)  A speech-language pathologist or audiologist licensed   986          

under Chapter 4753. of the Revised Code;                           987          

      (8)  A dentist or dental hygienist licensed under Chapter    989          

4715. of the Revised Code;                                         990          

      (9)  An optometrist licensed under Chapter 4725. of the      992          

Revised Code;                                                      993          

      (10)  A pharmacist licensed under Chapter 4729. of the       995          

Revised Code;                                                      996          

      (11)  A psychologist licensed under Chapter 4732. of the     998          

Revised Code;                                                      999          

      (12)  A chiropractor licensed under Chapter 4734. of the     1,001        

Revised Code;                                                      1,002        

      (13)  A nursing home administrator licensed or temporarily   1,004        

licensed under Chapter 4751. of the Revised Code;                  1,005        

      (14)  A professional counselor or professional clinical      1,007        

counselor licensed under Chapter 4757. of the Revised Code.        1,008        

      (M)  "Competency evaluation program" means a program         1,010        

through which the competency of a nurse aide to provide nursing    1,011        

and nursing-related services is evaluated.                         1,012        

      (N)  "Training and competency evaluation program" means a    1,014        

program of nurse aide training and evaluation of competency to     1,015        

provide nursing and nursing-related services.                      1,016        

      Sec. 5111.20.  As used in sections 5111.20 to 5111.32 of     1,025        

the Revised Code:                                                  1,026        

      (A)  "Allowable costs" are those costs determined by the     1,028        

department of job and family services to be reasonable and do not  1,029        

include fines paid under sections 5111.35 to 5111.61 and section   1,031        

5111.99 of the Revised Code.                                       1,032        

                                                          23     


                                                                 
      (B)  "Capital costs" means costs of ownership and            1,034        

nonextensive renovation.                                           1,035        

      (1)  "Cost of ownership" means the actual expense incurred   1,037        

for all of the following:                                          1,038        

      (a)  Depreciation and interest on any capital assets that    1,040        

cost five hundred dollars or more per item, including the          1,041        

following:                                                         1,042        

      (i)  Buildings;                                              1,044        

      (ii)  Building improvements that are not approved as         1,046        

nonextensive renovations under section 5111.25 or 5111.251 of the  1,047        

Revised Code;                                                      1,048        

      (iii)  Equipment;                                            1,050        

      (iv)  Extensive renovations;                                 1,052        

      (v)  Transportation equipment.                               1,054        

      (b)  Amortization and interest on land improvements and      1,056        

leasehold improvements;                                            1,057        

      (c)  Amortization of financing costs;                        1,059        

      (d)  Except as provided in division (I) of this section,     1,061        

lease and rent of land, building, and equipment.                   1,062        

      The costs of capital assets of less than five hundred        1,064        

dollars per item may be considered costs of ownership in           1,065        

accordance with a provider's practice.                                          

      (2)  "Costs of nonextensive renovation" means the actual     1,067        

expense incurred for depreciation or amortization and interest on  1,068        

renovations that are not extensive renovations.                    1,069        

      (C)  "Capital lease" and "operating lease" shall be          1,071        

construed in accordance with generally accepted accounting         1,072        

principles.                                                                     

      (D)  "Case-mix score" means the measure determined under     1,074        

section 5111.231 of the Revised Code of the relative direct-care   1,075        

resources needed to provide care and habilitation to a resident    1,076        

of a nursing facility or intermediate care facility for the        1,077        

mentally retarded.                                                 1,078        

      (E)  "Date of licensure," for a facility originally          1,080        

                                                          24     


                                                                 
licensed as a nursing home under Chapter 3721. of the Revised      1,081        

Code, means the date specific beds were originally licensed as     1,082        

nursing home beds under that chapter, regardless of whether they   1,083        

were subsequently licensed as residential facility beds under      1,084        

section 5123.19 of the Revised Code.  For a facility originally    1,085        

licensed as a residential facility under section 5123.19 of the    1,086        

Revised Code, "date of licensure" means the date specific beds     1,087        

were originally licensed as residential facility beds under that   1,088        

section.                                                                        

      (1)  If nursing home beds licensed under Chapter 3721. of    1,090        

the Revised Code or residential facility beds licensed under       1,091        

section 5123.19 of the Revised Code were not required by law to    1,092        

be licensed when they were originally used to provide nursing      1,093        

home or residential facility services, "date of licensure" means   1,094        

the date the beds first were used to provide nursing home or                    

residential facility services, regardless of the date the present  1,095        

provider obtained licensure.                                       1,096        

      (2)  If a facility adds nursing home beds or residential     1,098        

facility beds or extensively renovates all or part of the          1,099        

facility after its original date of licensure, it will have a      1,100        

different date of licensure for the additional beds or             1,101        

extensively renovated portion of the facility, unless the beds     1,102        

are added in a space that was constructed at the same time as the  1,103        

previously licensed beds but was not licensed under Chapter 3721.  1,104        

or section 5123.19 of the Revised Code at that time.               1,105        

      (F)  "Desk-reviewed" means that costs as reported on a cost  1,107        

report submitted under section 5111.26 of the Revised Code have    1,108        

been subjected to a desk review under division (A) of section      1,109        

5111.27 of the Revised Code and preliminarily determined to be     1,110        

allowable costs.                                                   1,111        

      (G)  "Direct care costs" means all of the following:         1,113        

      (1)(a)  Costs for registered nurses, licensed practical      1,115        

nurses, and nurse aides employed by the facility;                  1,116        

      (b)  Costs for direct care staff, administrative nursing     1,118        

                                                          25     


                                                                 
staff, medical directors, social services staff, activities        1,119        

staff, psychologists and psychology assistants, social workers     1,120        

and counselors, habilitation staff, qualified mental retardation   1,121        

professionals, program directors, respiratory therapists,          1,122        

habilitation supervisors, and except as provided in division       1,123        

(G)(2) of this section, other persons holding degrees qualifying   1,124        

them to provide therapy;                                           1,125        

      (c)  Costs of purchased nursing services;                    1,127        

      (d)  Costs of quality assurance;                             1,129        

      (e)  Costs of training and staff development, employee       1,131        

benefits, payroll taxes, and workers' compensation premiums or     1,132        

costs for self-insurance claims and related costs as specified in  1,133        

rules adopted by the director of job and family services in        1,135        

accordance with Chapter 119. of the Revised Code, for personnel    1,137        

listed in divisions (G)(1)(a), (b), and (d) of this section;       1,138        

      (f)  Costs of consulting and management fees related to      1,140        

direct care;                                                                    

      (g)  Allocated direct care home office costs.                1,142        

      (2)  In addition to the costs specified in division (G)(1)   1,144        

of this section, for intermediate care facilities for the          1,145        

mentally retarded only, direct care costs include both of the      1,146        

following:                                                         1,147        

      (a)  Costs for physical therapists and physical therapy      1,149        

assistants, occupational therapists and occupational therapy       1,150        

assistants, speech therapists, and audiologists;                   1,151        

      (b)  Costs of training and staff development, employee       1,153        

benefits, payroll taxes, and workers' compensation premiums or     1,154        

costs for self-insurance claims and related costs as specified in  1,155        

rules adopted by the director of job and family services in        1,157        

accordance with Chapter 119. of the Revised Code, for personnel    1,158        

listed in division (G)(2)(a) of this section.                      1,159        

      (3)  Costs of other direct-care resources that are           1,161        

specified as direct care costs in rules adopted by the director    1,163        

of job and family services in accordance with Chapter 119. of the  1,164        

                                                          26     


                                                                 
Revised Code.                                                      1,165        

      (H)  "Fiscal year" means the fiscal year of this state, as   1,167        

specified in section 9.34 of the Revised Code.                     1,168        

      (I)  "Indirect care costs" means all reasonable costs other  1,170        

than direct care costs, other protected costs, or capital costs.   1,171        

"Indirect care costs" includes but is not limited to costs of      1,172        

habilitation supplies, pharmacy consultants, medical and           1,173        

habilitation records, program supplies, incontinence supplies,     1,174        

food, enterals, dietary supplies and personnel, laundry,           1,175        

housekeeping, security, administration, liability insurance,       1,176        

bookkeeping, purchasing department, human resources,               1,177        

communications, travel, dues, license fees, subscriptions, home    1,178        

office costs not otherwise allocated, legal services, accounting   1,179        

services, minor equipment, maintenance and repairs, help-wanted    1,181        

advertising, informational advertising, start-up costs,            1,182        

organizational expenses, other interest, property insurance,       1,183        

employee training and staff development, employee benefits,        1,184        

payroll taxes, and workers' compensation premiums or costs for     1,185        

self-insurance claims and related costs as specified in rules      1,186        

adopted by the director of job and family services in accordance   1,187        

with Chapter 119. of the Revised Code, for personnel listed in     1,189        

this division.  Notwithstanding division (B)(1) of this section,   1,190        

"indirect care costs" also means the cost of equipment, including  1,191        

vehicles, acquired by operating lease executed before December 1,  1,192        

1992, if the costs are reported as administrative and general      1,193        

costs on the facility's cost report for the cost reporting period  1,194        

ending December 31, 1992.                                                       

      (J)  "Inpatient days" means all days during which a          1,196        

resident, regardless of payment source, occupies a bed in a        1,197        

nursing facility or intermediate care facility for the mentally    1,198        

retarded that is included in the facility's certified capacity     1,199        

under Title XIX of the "Social Security Act," 49 Stat. 610         1,200        

(1935), 42 U.S.C.A. 301, as amended.  Therapeutic or hospital      1,201        

leave days for which payment is made under section 5111.33 of the  1,202        

                                                          27     


                                                                 
Revised Code are considered inpatient days proportionate to the    1,203        

percentage of the facility's per resident per day rate paid for    1,204        

those days.                                                        1,205        

      (K)  "Intermediate care facility for the mentally retarded"  1,207        

means an intermediate care facility for the mentally retarded      1,208        

certified as in compliance with applicable standards for the       1,209        

medical assistance program by the director of health in            1,210        

accordance with Title XIX of the "Social Security Act."            1,211        

      (L)  "Maintenance and repair expenses" means, except as      1,213        

provided in division (X)(2) of this section, expenditures that     1,214        

are necessary and proper to maintain an asset in a normally        1,215        

efficient working condition and that do not extend the useful      1,216        

life of the asset two years or more.  "Maintenance and repair      1,217        

expenses" includes but is not limited to the cost of ordinary      1,218        

repairs such as painting and wallpapering.                         1,219        

      (M)  "Nursing facility" means a facility, or a distinct      1,221        

part of a facility, that is certified as a nursing facility by     1,222        

the director of health in accordance with Title XIX of the         1,223        

"Social Security Act," and is not an intermediate care facility    1,224        

for the mentally retarded.  "Nursing facility" includes a          1,225        

facility, or a distinct part of a facility, that is certified as   1,226        

a nursing facility by the director of health in accordance with    1,227        

Title XIX of the "Social Security Act," and is certified as a      1,228        

skilled nursing facility by the director in accordance with Title  1,229        

XVIII of the "Social Security Act."                                1,230        

      (N)  "Other protected costs" means costs for medical         1,232        

supplies; real estate, franchise, and property taxes; natural      1,233        

gas, fuel oil, water, electricity, sewage, and refuse and          1,234        

hazardous medical waste collection; allocated other protected      1,235        

home office costs; FEES PAID UNDER SECTION 173.55 OF THE REVISED   1,236        

CODE; and any additional costs defined as other protected costs    1,238        

in rules adopted by the director of job and family services in     1,240        

accordance with Chapter 119. of the Revised Code.                  1,241        

      (O)  "Owner" means any person or government entity that has  1,243        

                                                          28     


                                                                 
at least five per cent ownership or interest, either directly,     1,244        

indirectly, or in any combination, in a nursing facility or        1,245        

intermediate care facility for the mentally retarded.              1,246        

      (P)  "Patient" includes "resident."                          1,248        

      (Q)  Except as provided in divisions (Q)(1) and (2) of this  1,250        

section, "per diem" means a nursing facility's or intermediate     1,251        

care facility for the mentally retarded's actual, allowable costs  1,252        

in a given cost center in a cost reporting period, divided by the  1,253        

facility's inpatient days for that cost reporting period.          1,254        

      (1)  When calculating indirect care costs for the purpose    1,256        

of establishing rates under section 5111.24 or 5111.241 of the     1,257        

Revised Code, "per diem" means a facility's actual, allowable      1,258        

indirect care costs in a cost reporting period divided by the      1,259        

greater of the facility's inpatient days for that period or the    1,260        

number of inpatient days the facility would have had during that   1,261        

period if its occupancy rate had been eighty-five per cent.        1,262        

      (2)  When calculating capital costs for the purpose of       1,264        

establishing rates under section 5111.25 or 5111.251 of the        1,265        

Revised Code, "per diem" means a facility's actual, allowable      1,266        

capital costs in a cost reporting period divided by the greater    1,267        

of the facility's inpatient days for that period or the number of  1,268        

inpatient days the facility would have had during that period if   1,269        

its occupancy rate had been ninety-five per cent.                  1,270        

      (R)  "Provider" means a person or government entity that     1,272        

operates a nursing facility or intermediate care facility for the  1,273        

mentally retarded under a provider agreement.                      1,274        

      (S)  "Provider agreement" means a contract between the       1,276        

department of job and family services and a nursing facility or    1,277        

intermediate care facility for the mentally retarded for the       1,278        

provision of nursing facility services or intermediate care        1,279        

facility services for the mentally retarded under the medical      1,280        

assistance program.                                                1,281        

      (T)  "Purchased nursing services" means services that are    1,283        

provided in a nursing facility by registered nurses, licensed      1,284        

                                                          29     


                                                                 
practical nurses, or nurse aides who are not employees of the      1,285        

facility.                                                          1,286        

      (U)  "Reasonable" means that a cost is an actual cost that   1,288        

is appropriate and helpful to develop and maintain the operation   1,289        

of patient care facilities and activities, including normal        1,290        

standby costs, and that does not exceed what a prudent buyer pays  1,291        

for a given item or services.  Reasonable costs may vary from      1,292        

provider to provider and from time to time for the same provider.  1,293        

      (V)  "Related party" means an individual or organization     1,295        

that, to a significant extent, has common ownership with, is       1,296        

associated or affiliated with, has control of, or is controlled    1,297        

by, the provider.                                                  1,298        

      (1)  An individual who is a relative of an owner is a        1,300        

related party.                                                     1,301        

      (2)  Common ownership exists when an individual or           1,303        

individuals possess significant ownership or equity in both the    1,304        

provider and the other organization.  Significant ownership or     1,305        

equity exists when an individual or individuals possess five per   1,306        

cent ownership or equity in both the provider and a supplier.      1,307        

Significant ownership or equity is presumed to exist when an       1,308        

individual or individuals possess ten per cent ownership or        1,309        

equity in both the provider and another organization from which    1,310        

the provider purchases or leases real property.                    1,311        

      (3)  Control exists when an individual or organization has   1,313        

the power, directly or indirectly, to significantly influence or   1,314        

direct the actions or policies of an organization.                 1,315        

      (4)  An individual or organization that supplies goods or    1,317        

services to a provider shall not be considered a related party if  1,318        

all of the following conditions are met:                           1,319        

      (a)  The supplier is a separate bona fide organization.      1,321        

      (b)  A substantial part of the supplier's business activity  1,323        

of the type carried on with the provider is transacted with        1,324        

others than the provider and there is an open, competitive market  1,325        

for the types of goods or services the supplier furnishes.         1,326        

                                                          30     


                                                                 
      (c)  The types of goods or services are commonly obtained    1,328        

by other nursing facilities or intermediate care facilities for    1,329        

the mentally retarded from outside organizations and are not a     1,330        

basic element of patient care ordinarily furnished directly to     1,331        

patients by the facilities.                                        1,332        

      (d)  The charge to the provider is in line with the charge   1,334        

for the goods or services in the open market and no more than the  1,335        

charge made under comparable circumstances to others by the        1,336        

supplier.                                                          1,337        

      (W)  "Relative of owner" means an individual who is related  1,339        

to an owner of a nursing facility or intermediate care facility    1,340        

for the mentally retarded by one of the following relationships:   1,341        

      (1)  Spouse;                                                 1,343        

      (2)  Natural parent, child, or sibling;                      1,345        

      (3)  Adopted parent, child, or sibling;                      1,347        

      (4)  Step-parent, step-child, step-brother, or step-sister;  1,349        

      (5)  Father-in-law, mother-in-law, son-in-law,               1,351        

daughter-in-law, brother-in-law, or sister-in-law;                 1,352        

      (6)  Grandparent or grandchild;                              1,354        

      (7)  Foster parent, foster child, foster brother, or foster  1,356        

sister.                                                            1,357        

      (X)  "Renovation" and "extensive renovation" mean:           1,359        

      (1)  Any betterment, improvement, or restoration of a        1,361        

nursing facility or intermediate care facility for the mentally    1,362        

retarded started before July 1, 1993, that meets the definition    1,363        

of a renovation or extensive renovation established in rules       1,364        

adopted by the director of job and family services in effect on    1,366        

December 22, 1992.                                                              

      (2)  In the case of betterments, improvements, and           1,368        

restorations of nursing facilities and intermediate care           1,369        

facilities for the mentally retarded started on or after July 1,   1,370        

1993:                                                              1,371        

      (a)  "Renovation" means the betterment, improvement, or      1,373        

restoration of a nursing facility or intermediate care facility    1,374        

                                                          31     


                                                                 
for the mentally retarded beyond its current functional capacity   1,375        

through a structural change that costs at least five hundred       1,376        

dollars per bed.  A renovation may include betterment,             1,377        

improvement, restoration, or replacement of assets that are        1,378        

affixed to the building and have a useful life of at least five    1,379        

years.  A renovation may include costs that otherwise would be     1,380        

considered maintenance and repair expenses if they are an          1,381        

integral part of the structural change that makes up the           1,382        

renovation project.  "Renovation" does not mean construction of    1,383        

additional space for beds that will be added to a facility's       1,384        

licensed or certified capacity.                                    1,385        

      (b)  "Extensive renovation" means a renovation that costs    1,387        

more than sixty-five per cent and no more than eighty-five per     1,388        

cent of the cost of constructing a new bed and that extends the    1,389        

useful life of the assets for at least ten years.                  1,390        

      For the purposes of division (X)(2) of this section, the     1,392        

cost of constructing a new bed shall be considered to be forty     1,393        

thousand dollars, adjusted for the estimated rate of inflation     1,394        

from January 1, 1993, to the end of the calendar year during       1,395        

which the renovation is completed, using the consumer price index  1,396        

for shelter costs for all urban consumers for the north central    1,397        

region, as published by the United States bureau of labor          1,398        

statistics.                                                        1,399        

      The department of job and family services may treat a        1,401        

renovation that costs more than eighty-five per cent of the cost   1,402        

of constructing new beds as an extensive renovation if the         1,403        

department determines that the renovation is more prudent than     1,404        

construction of new beds.                                          1,405        

      Sec. 5111.25.  (A)  The department of job and family         1,415        

services shall pay each eligible nursing facility a per resident   1,416        

per day rate for its reasonable capital costs established          1,417        

prospectively each fiscal year for each facility.  Except as       1,418        

otherwise provided in sections 5111.20 to 5111.32 of the Revised   1,419        

Code, the rate shall be based on the facility's capital costs for  1,420        

                                                          32     


                                                                 
the calendar year preceding the fiscal year in which the rate                   

will be paid.  The rate shall equal the sum of divisions (A)(1)    1,421        

to (3) of this section:                                            1,422        

      (1)  The lesser of the following:                            1,424        

      (a)  Eighty-eight and sixty-five one-hundredths per cent of  1,426        

the facility's desk-reviewed, actual, allowable, per diem cost of  1,427        

ownership and eighty-five per cent of the facility's actual,       1,428        

allowable, per diem cost of nonextensive renovation determined     1,429        

under division (F) of this section;                                1,430        

      (b)  Eighty-eight and sixty-five one-hundredths per cent of  1,432        

the following limitation:                                          1,433        

      (i)  For the fiscal year beginning July 1, 1993, sixteen     1,435        

dollars per resident day;                                          1,436        

      (ii)  For the fiscal year beginning July 1, 1994, sixteen    1,438        

dollars per resident day, adjusted to reflect the rate of          1,439        

inflation for the twelve-month period beginning July 1, 1992, and  1,440        

ending June 30, 1993, using the consumer price index for shelter   1,441        

costs for all urban consumers for the north central region,        1,442        

published by the United States bureau of labor statistics;         1,443        

      (iii)  For subsequent fiscal years, the limitation in        1,445        

effect during the previous fiscal year, adjusted to reflect the    1,446        

rate of inflation for the twelve-month period beginning on the     1,447        

first day of July for the calendar year preceding the calendar     1,448        

year that precedes the fiscal year and ending on the following     1,449        

thirtieth day of June, using the consumer price index for shelter  1,450        

costs for all urban consumers for the north central region,        1,451        

published by the United States bureau of labor statistics.         1,452        

      (2)  Any efficiency incentive determined under division (D)  1,454        

of this section;                                                   1,455        

      (3)  Any amounts for return on equity determined under       1,457        

division (H) of this section.                                      1,458        

      Buildings shall be depreciated using the straight line       1,460        

method over forty years or over a different period approved by     1,461        

the department.  Components and equipment shall be depreciated     1,462        

                                                          33     


                                                                 
using the straight-line method over a period designated in rules   1,463        

adopted by the director of job and family services in accordance   1,465        

with Chapter 119. of the Revised Code, consistent with the         1,466        

guidelines of the American hospital association, or over a         1,467        

different period approved by the department.  Any rules adopted    1,468        

under this division that specify useful lives of buildings,        1,469        

components, or equipment apply only to assets acquired on or       1,470        

after July 1, 1993.  Depreciation for costs paid or reimbursed by  1,471        

any government agency shall not be included in cost of ownership   1,472        

or renovation unless that part of the payment under sections       1,473        

5111.20 to 5111.32 of the Revised Code is used to reimburse the    1,474        

government agency.                                                              

      (B)  The capital cost basis of nursing facility assets       1,476        

shall be determined in the following manner:                       1,477        

      (1)  For purposes of calculating the rate to be paid for     1,479        

the fiscal year beginning July 1, 1993, for facilities with dates  1,481        

of licensure on or before June 30, 1993, the capital cost basis    1,482        

shall be equal to the following:                                   1,483        

      (a)  For facilities that have not had a change of ownership  1,485        

during the period beginning January 1, 1993, and ending June 30,   1,486        

1993, the desk-reviewed, actual, allowable capital cost basis      1,487        

that is listed on the facility's cost report for the cost          1,488        

reporting period ending December 31, 1992, plus the actual,        1,489        

allowable capital cost basis of any assets constructed or          1,490        

acquired after December 31, 1992, but before July 1, 1993, if the  1,491        

aggregate capital costs of those assets would increase the         1,492        

facility's rate for capital costs by twenty or more cents per      1,493        

resident per day.                                                  1,494        

      (b)  For facilities that have a date of licensure or had a   1,496        

change of ownership during the period beginning January 1, 1993,   1,497        

and ending June 30, 1993, the actual, allowable capital cost       1,498        

basis of the person or government entity that owns the facility    1,499        

on June 30, 1993.                                                  1,500        

      Capital cost basis shall be calculated as provided in        1,502        

                                                          34     


                                                                 
division (B)(1) of this section subject to approval by the United  1,503        

States health care financing administration of any necessary       1,504        

amendment to the state plan for providing medical assistance.      1,505        

      The department shall include the actual, allowable capital   1,507        

cost basis of assets constructed or acquired during the period     1,508        

beginning January 1, 1993, and ending June 30, 1993, in the        1,509        

calculation for the facility's rate effective July 1, 1993, if     1,510        

the aggregate capital costs of the assets would increase the       1,511        

facility's rate by twenty or more cents per resident per day and   1,512        

the facility provides the department with sufficient               1,513        

documentation of the costs before June 1, 1993.  If the facility   1,514        

provides the documentation after that date, the department shall   1,515        

adjust the facility's rate to reflect the costs of the assets one  1,516        

month after the first day of the month after the department        1,517        

receives the documentation.                                        1,518        

      (2)  Except as provided in division (B)(4) of this section,  1,521        

for purposes of calculating the rates to be paid for fiscal years  1,522        

beginning after June 30, 1994, for facilities with dates of        1,523        

licensure on or before June 30, 1993, the capital cost basis of    1,524        

each asset shall be equal to the desk-reviewed, actual,            1,525        

allowable, capital cost basis that is listed on the facility's     1,526        

cost report for the calendar year preceding the fiscal year        1,527        

during which the rate will be paid.                                             

      (3)  For facilities with dates of licensure after June 30,   1,530        

1993, the capital cost basis shall be determined in accordance     1,531        

with the principles of the medicare program established under      1,532        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  1,533        

U.S.C.A. 301, as amended, except as otherwise provided in          1,534        

sections 5111.20 to 5111.32 of the Revised Code.                   1,535        

      (4)  Except as provided in division (B)(5) of this section,  1,538        

if a provider transfers an interest in a facility to another       1,539        

provider after June 30, 1993, there shall be no increase in the    1,540        

capital cost basis of the asset if the providers are related       1,541        

parties.  If the providers are not related parties or if they are  1,542        

                                                          35     


                                                                 
related parties and division (B)(5) of this section requires the   1,543        

adjustment of the capital cost basis under this division, the      1,544        

basis of the asset shall be adjusted by the lesser of the          1,545        

following:                                                                      

      (a)  One-half of the change in construction costs during     1,547        

the time that the transferor held the asset, as calculated by the  1,548        

department of job and family services using the "Dodge building    1,550        

cost indexes, northeastern and north central states," published                 

by Marshall and Swift;                                             1,551        

      (b)  One-half of the change in the consumer price index for  1,553        

all items for all urban consumers, as published by the United      1,554        

States bureau of labor statistics, during the time that the        1,555        

transferor held the asset.                                         1,556        

      (5)  If a provider transfers an interest in a facility to    1,559        

another provider who is a related party, the capital cost basis                 

of the asset shall be adjusted as specified in division (B)(4) of  1,562        

this section for a transfer to a provider that is not a related    1,563        

party if all of the following conditions are met:                               

      (a)  The related party is a relative of owner;               1,566        

      (b)  The provider making the transfer retains no ownership   1,569        

interest in the facility;                                                       

      (c)  The United States internal revenue service has issued   1,572        

a ruling that the transfer is an arm's length transaction for      1,573        

purposes of federal income taxation;                                            

      (d)  Except in the case of hardship caused by a              1,576        

catastrophic event, as determined by the department, or in the     1,577        

case of a provider making the transfer who is at least sixty-five               

years of age, not less than twenty years have elapsed since, for   1,579        

the same facility, the capital cost basis was adjusted most        1,580        

recently under division (B)(5) of this section or actual,          1,582        

allowable cost of ownership was determined most recently under                  

division (C)(9) of this section.                                   1,584        

      (C)  As used in this division, "lease expense" means lease   1,586        

payments in the case of an operating lease and depreciation        1,587        

                                                          36     


                                                                 
expense and interest expense in the case of a capital lease.  As   1,588        

used in this division, "new lease" means a lease, to a different   1,589        

lessee, of a nursing facility that previously was operated under   1,590        

a lease.                                                           1,591        

      (1)  Subject to the limitation specified in division (A)(1)  1,593        

of this section, for a lease of a facility that was effective on   1,594        

May 27, 1992, the entire lease expense is an actual, allowable     1,595        

cost of ownership during the term of the existing lease.  The      1,596        

entire lease expense also is an actual, allowable cost of          1,597        

ownership if a lease in existence on May 27, 1992, is renewed      1,598        

under either of the following circumstances:                       1,599        

      (a)  The renewal is pursuant to a renewal option that was    1,601        

in existence on May 27, 1992;                                      1,602        

      (b)  The renewal is for the same lease payment amount and    1,604        

between the same parties as the lease in existence on May 27,      1,605        

1992.                                                              1,606        

      (2)  Subject to the limitation specified in division (A)(1)  1,608        

of this section, for a lease of a facility that was in existence   1,609        

but not operated under a lease on May 27, 1992, actual, allowable  1,610        

cost of ownership shall include the lesser of the annual lease     1,611        

expense or the annual depreciation expense and imputed interest    1,612        

expense that would be calculated at the inception of the lease     1,613        

using the lessor's entire historical capital asset cost basis,     1,614        

adjusted by the lesser of the following amounts:                   1,615        

      (a)  One-half of the change in construction costs during     1,617        

the time the lessor held each asset until the beginning of the     1,618        

lease, as calculated by the department using the "Dodge building   1,619        

cost indexes, northeastern and north central states," published    1,620        

by Marshall and Swift;                                             1,621        

      (b)  One-half of the change in the consumer price index for  1,623        

all items for all urban consumers, as published by the United      1,624        

States bureau of labor statistics, during the time the lessor      1,625        

held each asset until the beginning of the lease.                  1,626        

      (3)  Subject to the limitation specified in division (A)(1)  1,628        

                                                          37     


                                                                 
of this section, for a lease of a facility with a date of          1,629        

licensure on or after May 27, 1992, that is initially operated     1,630        

under a lease, actual, allowable cost of ownership shall include   1,631        

the annual lease expense if there was a substantial commitment of  1,632        

money for construction of the facility after December 22, 1992,    1,633        

and before July 1, 1993.  If there was not a substantial           1,634        

commitment of money after December 22, 1992, and before July 1,    1,635        

1993, actual, allowable cost of ownership shall include the        1,636        

lesser of the annual lease expense or the sum of the following:    1,637        

      (a)  The annual depreciation expense that would be           1,639        

calculated at the inception of the lease using the lessor's        1,640        

entire historical capital asset cost basis;                        1,641        

      (b)  The greater of the lessor's actual annual amortization  1,643        

of financing costs and interest expense at the inception of the    1,644        

lease or the imputed interest expense calculated at the inception  1,645        

of the lease using seventy per cent of the lessor's historical     1,646        

capital asset cost basis.                                          1,647        

      (4)  Subject to the limitation specified in division (A)(1)  1,649        

of this section, for a lease of a facility with a date of          1,650        

licensure on or after May 27, 1992, that was not initially         1,651        

operated under a lease and has been in existence for ten years,    1,652        

actual, allowable cost of ownership shall include the lesser of    1,653        

the annual lease expense or the annual depreciation expense and    1,654        

imputed interest expense that would be calculated at the           1,655        

inception of the lease using the entire historical capital asset   1,656        

cost basis of the lessor, adjusted by the lesser of the            1,657        

following:                                                         1,658        

      (a)  One-half of the change in construction costs during     1,660        

the time the lessor held each asset until the beginning of the     1,661        

lease, as calculated by the department using the "Dodge building   1,662        

cost indexes, northeastern and north central states," published    1,663        

by Marshall and Swift;                                             1,664        

      (b)  One-half of the change in the consumer price index for  1,666        

all items for all urban consumers, as published by the United      1,667        

                                                          38     


                                                                 
States bureau of labor statistics, during the time the lessor      1,668        

held each asset until the beginning of the lease.                  1,669        

      (5)  Subject to the limitation specified in division (A)(1)  1,671        

of this section, for a new lease of a facility that was operated   1,672        

under a lease on May 27, 1992, actual, allowable cost of           1,673        

ownership shall include the lesser of the annual new lease         1,674        

expense or the annual old lease payment.  If the old lease was in  1,675        

effect for ten years or longer, the old lease payment from the     1,676        

beginning of the old lease shall be adjusted by the lesser of the  1,677        

following:                                                         1,678        

      (a)  One-half of the change in construction costs from the   1,680        

beginning of the old lease to the beginning of the new lease, as   1,681        

calculated by the department using the "Dodge building cost        1,682        

indexes, northeastern and north central states," published by      1,683        

Marshall and Swift;                                                1,684        

      (b)  One-half of the change in the consumer price index for  1,686        

all items for all urban consumers, as published by the United      1,687        

States bureau of labor statistics, from the beginning of the old   1,688        

lease to the beginning of the new lease.                           1,689        

      (6)  Subject to the limitation specified in division (A)(1)  1,691        

of this section, for a new lease of a facility that was not in     1,692        

existence or that was in existence but not operated under a lease  1,693        

on May 27, 1992, actual, allowable cost of ownership shall         1,694        

include the lesser of annual new lease expense or the annual       1,695        

amount calculated for the old lease under division (C)(2), (3),    1,696        

(4), or (6) of this section, as applicable.  If the old lease was  1,697        

in effect for ten years or longer, the lessor's historical         1,698        

capital asset cost basis shall be adjusted by the lesser of the    1,699        

following for purposes of calculating the annual amount under      1,700        

division (C)(2), (3), (4), or (6) of this section:                 1,701        

      (a)  One-half of the change in construction costs from the   1,703        

beginning of the old lease to the beginning of the new lease, as   1,704        

calculated by the department using the "Dodge building cost        1,705        

indexes, northeastern and north central states," published by      1,706        

                                                          39     


                                                                 
Marshall and Swift;                                                1,707        

      (b)  One-half of the change in the consumer price index for  1,709        

all items for all urban consumers, as published by the United      1,710        

States bureau of labor statistics, from the beginning of the old   1,711        

lease to the beginning of the new lease.                           1,712        

      In the case of a lease under division (C)(3) of this         1,714        

section of a facility for which a substantial commitment of money  1,715        

was made after December 22, 1992, and before July 1, 1993, the     1,716        

old lease payment shall be adjusted for the purpose of             1,717        

determining the annual amount.                                     1,718        

      (7)  For any revision of a lease described in division       1,720        

(C)(1), (2), (3), (4), (5), or (6) of this section, or for any     1,721        

subsequent lease of a facility operated under such a lease, other  1,722        

than execution of a new lease, the portion of actual, allowable    1,723        

cost of ownership attributable to the lease shall be the same as   1,724        

before the revision or subsequent lease.                           1,725        

      (8)  Except as provided in division (C)(9) of this section,  1,728        

if a provider leases an interest in a facility to another          1,729        

provider who is a related party, the related party's actual,       1,731        

allowable cost of ownership shall include the lesser of the        1,732        

annual lease expense or the reasonable cost to the lessor.         1,733        

      (9)  If a provider leases an interest in a facility to       1,735        

another provider who is a related party, regardless of the date    1,737        

of the lease, the related party's actual, allowable cost of        1,738        

ownership shall include the annual lease expense, subject to the   1,739        

limitations specified in divisions (C)(1) to (7) of this section,  1,740        

if all of the following conditions are met:                        1,741        

      (a)  The related party is a relative of owner;               1,743        

      (b)  If the lessor retains an ownership interest, it is in   1,746        

only the real property and any improvements on the real property;  1,747        

      (c)  The United States internal revenue service has issued   1,750        

a ruling that the lease is an arm's length transaction for         1,751        

purposes of federal income taxation;                                            

      (d)  Except in the case of hardship caused by a              1,754        

                                                          40     


                                                                 
catastrophic event, as determined by the department, or in the     1,755        

case of a lessor who is at least sixty-five years of age, not                   

less than twenty years have elapsed since, for the same facility,  1,757        

the capital cost basis was adjusted most recently under division   1,758        

(B)(5) of this section or actual, allowable cost of ownership was  1,760        

determined most recently under division (C)(9) of this section.    1,762        

      (10)  This division does not apply to leases of specific     1,764        

items of equipment.                                                1,765        

      (D)(1)  Subject to division (D)(2) of this section, the      1,767        

department shall pay each nursing facility an efficiency           1,768        

incentive that is equal to fifty per cent of the difference        1,769        

between the following:                                                          

      (a)  Eighty-eight and sixty-five one-hundredths per cent of  1,771        

the facility's desk-reviewed, actual, allowable, per diem cost of  1,772        

ownership;                                                                      

      (b)  The applicable amount specified in division (E) of      1,774        

this section.                                                      1,775        

      (2)  The efficiency incentive paid to a nursing facility     1,778        

shall not exceed the greater of the following:                                  

      (a)  The efficiency incentive the facility was paid during   1,781        

the fiscal year ending June 30, 1994;                                           

      (b)  Three dollars per resident per day, adjusted annually   1,784        

for rates paid beginning July 1, 1994, for the inflation rate for  1,785        

the twelve-month period beginning on the first day of July of the  1,786        

calendar year preceding the calendar year that precedes the        1,787        

fiscal year for which the efficiency incentive is determined and   1,788        

ending on the thirtieth day of the following June, using the       1,789        

consumer price index for shelter costs for all urban consumers     1,790        

for the north central region, as published by the United States    1,791        

bureau of labor statistics.                                        1,792        

      (3)  For purposes of calculating the efficiency incentive,   1,795        

depreciation for costs that are paid or reimbursed by any          1,796        

government agency shall be considered as costs of ownership, and   1,797        

renovation costs that are paid under division (F) of this section  1,798        

                                                          41     


                                                                 
shall not be considered costs of ownership.                        1,799        

      (E)  The following amounts shall be used to calculate        1,801        

efficiency incentives for nursing facilities under this section:   1,802        

      (1)  For facilities with dates of licensure prior to         1,804        

January 1, 1958, four dollars and twenty-four cents per patient    1,805        

day;                                                               1,806        

      (2)  For facilities with dates of licensure after December   1,808        

31, 1957, but prior to January 1, 1968:                            1,809        

      (a)  Five dollars and twenty-four cents per patient day if   1,811        

the cost of construction was three thousand five hundred dollars   1,812        

or more per bed;                                                   1,813        

      (b)  Four dollars and twenty-four cents per patient day if   1,815        

the cost of construction was less than three thousand five         1,816        

hundred dollars per bed.                                           1,817        

      (3)  For facilities with dates of licensure after December   1,819        

31, 1967, but prior to January 1, 1976:                            1,820        

      (a)  Six dollars and twenty-four cents per patient day if    1,822        

the cost of construction was five thousand one hundred fifty       1,823        

dollars or more per bed;                                           1,824        

      (b)  Five dollars and twenty-four cents per patient day if   1,826        

the cost of construction was less than five thousand one hundred   1,827        

fifty dollars per bed, but exceeded three thousand five hundred    1,828        

dollars per bed;                                                   1,829        

      (c)  Four dollars and twenty-four cents per patient day if   1,831        

the cost of construction was three thousand five hundred dollars   1,832        

or less per bed.                                                   1,833        

      (4)  For facilities with dates of licensure after December   1,835        

31, 1975, but prior to January 1, 1979:                            1,836        

      (a)  Seven dollars and twenty-four cents per patient day if  1,838        

the cost of construction was six thousand eight hundred dollars    1,839        

or more per bed;                                                   1,840        

      (b)  Six dollars and twenty-four cents per patient day if    1,842        

the cost of construction was less than six thousand eight hundred  1,843        

dollars per bed but exceeded five thousand one hundred fifty       1,844        

                                                          42     


                                                                 
dollars per bed;                                                   1,845        

      (c)  Five dollars and twenty-four cents per patient day if   1,847        

the cost of construction was five thousand one hundred fifty       1,848        

dollars or less per bed, but exceeded three thousand five hundred  1,849        

dollars per bed;                                                   1,850        

      (d)  Four dollars and twenty-four cents per patient day if   1,852        

the cost of construction was three thousand five hundred dollars   1,853        

or less per bed.                                                   1,854        

      (5)  For facilities with dates of licensure after December   1,856        

31, 1978, but prior to January 1, 1981:                            1,857        

      (a)  Seven dollars and seventy-four cents per patient day    1,859        

if the cost of construction was seven thousand six hundred         1,860        

twenty-five dollars or more per bed;                               1,861        

      (b)  Seven dollars and twenty-four cents per patient day if  1,863        

the cost of construction was less than seven thousand six hundred  1,864        

twenty-five dollars per bed but exceeded six thousand eight        1,865        

hundred dollars per bed;                                           1,866        

      (c)  Six dollars and twenty-four cents per patient day if    1,868        

the cost of construction was six thousand eight hundred dollars    1,869        

or less per bed but exceeded five thousand one hundred fifty       1,870        

dollars per bed;                                                   1,871        

      (d)  Five dollars and twenty-four cents per patient day if   1,873        

the cost of construction was five thousand one hundred fifty       1,874        

dollars or less but exceeded three thousand five hundred dollars   1,875        

per bed;                                                           1,876        

      (e)  Four dollars and twenty-four cents per patient day if   1,878        

the cost of construction was three thousand five hundred dollars   1,879        

or less per bed.                                                   1,880        

      (6)  For facilities with dates of licensure in 1981 or any   1,882        

year thereafter prior to December 22, 1992, the following amount:  1,883        

      (a)  For facilities with construction costs less than seven  1,885        

thousand six hundred twenty-five dollars per bed, the applicable   1,886        

amounts for the construction costs specified in divisions          1,887        

(E)(5)(b) to (e) of this section;                                  1,888        

                                                          43     


                                                                 
      (b)  For facilities with construction costs of seven         1,890        

thousand six hundred twenty-five dollars or more per bed, six      1,891        

dollars per patient day, provided that for 1981 and annually       1,892        

thereafter prior to December 22, 1992, department shall do both    1,893        

of the following to the six-dollar amount:                         1,894        

      (i)  Adjust the amount for fluctuations in construction      1,896        

costs calculated by the department using the "Dodge building cost  1,897        

indexes, northeastern and north central states," published by      1,898        

Marshall and Swift, using 1980 as the base year;                   1,899        

      (ii)  Increase the amount, as adjusted for inflation under   1,901        

division (E)(6)(b)(i) of this section, by one dollar and           1,902        

seventy-four cents.                                                1,903        

      (7)  For facilities with dates of licensure on or after      1,905        

January 1, 1992, seven dollars and ninety-seven cents, adjusted    1,906        

for fluctuations in construction costs between 1991 and 1993 as    1,907        

calculated by the department using the "Dodge building cost        1,908        

indexes, northeastern and north central states," published by      1,909        

Marshall and Swift, and then increased by one dollar and           1,910        

seventy-four cents.                                                1,911        

      For the fiscal year that begins July 1, 1994, each of the    1,913        

amounts listed in divisions (E)(1) to (7) of this section shall    1,914        

be increased by twenty-five cents.  For the fiscal year that       1,915        

begins July 1, 1995, each of those amounts shall be increased by   1,916        

an additional twenty-five cents.  For subsequent fiscal years,     1,917        

each of those amounts, as increased for the prior fiscal year,     1,918        

shall be adjusted to reflect the rate of inflation for the         1,919        

twelve-month period beginning on the first day of July of the      1,920        

calendar year preceding the calendar year that precedes the        1,921        

fiscal year and ending on the following thirtieth day of June,     1,922        

using the consumer price index for shelter costs for all urban     1,923        

consumers for the north central region, as published by the        1,924        

United States bureau of labor statistics.                          1,925        

      If the amount established for a nursing facility under this  1,927        

division is less than the amount that applied to the facility      1,928        

                                                          44     


                                                                 
under division (B) of former section 5111.25 of the Revised Code,  1,929        

as the former section existed immediately prior to December 22,    1,930        

1992, the amount used to calculate the efficiency incentive for    1,931        

the facility under division (D)(2) of this section shall be the    1,932        

amount that was calculated under division (B) of the former        1,933        

section.                                                           1,934        

      (F)  Beginning July 1, 1993, regardless of the facility's    1,936        

date of licensure or the date of the nonextensive renovations,     1,937        

the rate for the costs of nonextensive renovations for nursing     1,938        

facilities shall be eighty-five per cent of the desk-reviewed,     1,939        

actual, allowable, per diem, nonextensive renovation costs.  This  1,940        

division applies to nonextensive renovations regardless of         1,941        

whether they are made by an owner or a lessee.  If the tenancy of  1,942        

a lessee that has made nonextensive renovations ends before the    1,943        

depreciation expense for the renovation costs has been fully       1,944        

reported, the former lessee shall not report the undepreciated     1,945        

balance as an expense.                                             1,946        

      (1)  For a nonextensive renovation made after July 1, 1993,  1,948        

to qualify for payment under this division, both of the following  1,949        

conditions must be met:                                            1,950        

      (a)  At least five years have elapsed since the date of      1,952        

licensure of the portion of the facility that is proposed to be    1,953        

renovated, except that this condition does not apply if the        1,954        

renovation is necessary to meet the requirements of federal,       1,955        

state, or local statutes, ordinances, rules, or policies.          1,956        

      (b)  The provider has obtained prior approval from the       1,958        

department of job and family services, and if required the         1,960        

director of health has granted a certificate of need for the                    

renovation under section 3702.52 of the Revised Code.  The         1,961        

provider shall submit a plan that describes in detail the changes  1,962        

in capital assets to be accomplished by means of the renovation    1,963        

and the timetable for completing the project.  The time for        1,964        

completion of the project shall be no more than eighteen months    1,965        

after the renovation begins.  The DEPARTMENT of job and family     1,966        

                                                          45     


                                                                 
services shall adopt rules in accordance with Chapter 119. of the  1,967        

Revised Code that specify criteria and procedures for prior        1,968        

approval of renovation projects.  No provider shall separate a     1,969        

project with the intent to evade the characterization of the       1,970        

project as a renovation or as an extensive renovation.  No         1,971        

provider shall increase the scope of a project after it is         1,972        

approved by the department of job and family services unless the   1,973        

increase in scope is approved by the department.                   1,974        

      (2)  The payment provided for in this division is the only   1,976        

payment that shall be made for the costs of a nonextensive         1,977        

renovation.  Nonextensive renovation costs shall not be included   1,978        

in costs of ownership, and a nonextensive renovation shall not     1,979        

affect the date of licensure for purposes of calculating the       1,980        

efficiency incentive under divisions (D) and (E) of this section.  1,981        

      (G)  The owner of a nursing facility operating under a       1,983        

provider agreement shall provide written notice to the department  1,984        

of job and family services at least forty-five days prior to       1,986        

entering into any contract of sale for the facility or                          

voluntarily terminating participation in the medical assistance    1,987        

program.  After the date on which a transaction of sale is         1,988        

closed, the owner shall refund to the department the amount of     1,989        

excess depreciation paid to the facility by the department for     1,990        

each year the owner has operated the facility under a provider                  

agreement and prorated according to the number of medicaid         1,991        

patient days for which the facility has received payment.  If a    1,992        

nursing facility is sold after five or fewer years of operation    1,993        

under a provider agreement, the refund to the department shall be  1,995        

equal to the excess depreciation paid to the facility.  If a       1,996        

nursing facility is sold after more than five years but less than               

ten years of operation under a provider agreement, the refund to   1,997        

the department shall equal the excess depreciation paid to the     1,998        

facility multiplied by twenty per cent, multiplied by the          1,999        

difference between ten and the number of years that the facility   2,000        

was operated under a provider agreement.  If a nursing facility    2,001        

                                                          46     


                                                                 
is sold after ten or more years of operation under a provider      2,002        

agreement, the owner shall not refund any excess depreciation to   2,003        

the department.  The owner of a facility that is sold or that      2,004        

voluntarily terminates participation in the medical assistance     2,005        

program also shall refund any other amount that the department     2,006        

properly finds to be due after the audit conducted under this      2,007        

division.  For the purposes of this division, "depreciation paid   2,008        

to the facility" means the amount paid to the nursing facility     2,009        

for cost of ownership pursuant to this section less any amount     2,010        

paid for interest costs, amortization of financing costs, and      2,012        

lease expenses.  For the purposes of this division, "excess        2,013        

depreciation" is the nursing facility's depreciated basis, which   2,014        

is the owner's cost less accumulated depreciation, subtracted      2,015        

from the purchase price net of selling costs but not exceeding     2,016        

the amount of depreciation paid to the facility.                   2,017        

      A cost report shall be filed with the department within      2,019        

ninety days after the date on which the transaction of sale is     2,020        

closed or participation is voluntarily terminated.  The report     2,021        

shall show the accumulated depreciation, the sales price, and      2,022        

other information required by the department.  The amount of the   2,023        

last two monthly payments to a nursing facility made pursuant to   2,024        

division (A)(1) of section 5111.22 of the Revised Code before a    2,025        

sale or termination of participation shall be held in escrow by a  2,026        

bank, trust company, or savings and loan association, except that  2,027        

if the amount the owner will be required to refund under this      2,028        

section is likely to be less than the amount of the last two       2,029        

monthly payments, the department shall take one of the following   2,030        

actions instead of withholding the amount of the last two monthly  2,031        

payments:                                                          2,032        

      (1)  In the case of an owner that owns other facilities      2,034        

that participate in the medical assistance program, obtain a       2,035        

promissory note in an amount sufficient to cover the amount        2,036        

likely to be refunded;                                             2,037        

      (2)  In the case of all other owners, withhold the amount    2,039        

                                                          47     


                                                                 
of the last monthly payment to the nursing facility.               2,040        

      The department shall, within ninety days following the       2,042        

filing of the cost report, audit the cost report and issue an      2,043        

audit report to the owner.  The department also may audit any      2,044        

other cost report that the facility has filed during the previous  2,045        

three years.  In the audit report, the department shall state its  2,046        

findings and the amount of any money owed to the department by     2,047        

the nursing facility.  The findings shall be subject to            2,048        

adjudication conducted in accordance with Chapter 119. of the      2,049        

Revised Code.  No later than fifteen days after the owner agrees   2,050        

to a settlement, any funds held in escrow less any amounts due to  2,051        

the department shall be released to the owner and amounts due to   2,052        

the department shall be paid to the department.  If the amounts    2,053        

in escrow are less than the amounts due to the department, the     2,054        

balance shall be paid to the department within fifteen days after  2,055        

the owner agrees to a settlement.  If the department does not      2,056        

issue its audit report within the ninety-day period, the           2,057        

department shall release any money held in escrow to the owner.    2,058        

For the purposes of this section, a transfer of corporate stock,   2,059        

the merger of one corporation into another, or a consolidation     2,060        

does not constitute a sale.                                        2,061        

      If a nursing facility is not sold or its participation is    2,063        

not terminated after notice is provided to the department under    2,064        

this division, the department shall order any payments held in     2,065        

escrow released to the facility upon receiving written notice      2,066        

from the owner that there will be no sale or termination.  After   2,067        

written notice is received from a nursing facility that a sale or  2,068        

termination will not take place, the facility shall provide        2,069        

notice to the department at least forty-five days prior to         2,070        

entering into any contract of sale or terminating participation    2,071        

at any future time.                                                2,072        

      (H)  The department shall pay each eligible proprietary      2,074        

nursing facility a return on the facility's net equity computed    2,075        

at the rate of one and one-half times the average interest rate    2,076        

                                                          48     


                                                                 
on special issues of public debt obligations issued to the         2,077        

federal hospital insurance trust fund for the cost reporting       2,078        

period, except that no facility's return on net equity shall       2,079        

exceed one dollar per patient day.                                 2,080        

      When calculating the rate for return on net equity, the      2,082        

department shall use the greater of the facility's inpatient days  2,083        

during the applicable cost reporting period or the number of       2,084        

inpatient days the facility would have had during that period if   2,085        

its occupancy rate had been ninety-five per cent.                  2,086        

      (I)  If a nursing facility would receive a lower rate for    2,088        

capital costs for assets in the facility's possession on July 1,   2,089        

1993, under this section than it would receive under former        2,090        

section 5111.25 of the Revised Code, as the former section         2,091        

existed immediately prior to December 22, 1992, the facility       2,092        

shall receive for those assets the rate it would have received     2,093        

under the former section for each fiscal year beginning on or      2,094        

after July 1, 1993, until the rate it would receive under this     2,095        

section exceeds the rate it would have received under the former   2,096        

section.  Any facility that receives a rate calculated under the   2,097        

former section 5111.25 of the Revised Code for assets in the       2,098        

facility's possession on July 1, 1993, also shall receive a rate   2,099        

calculated under this section for costs of any assets it           2,100        

constructs or acquires after July 1, 1993.                         2,101        

      Sec. 5111.251.  (A)  The department of job and family        2,110        

services shall pay each eligible intermediate care facility for    2,111        

the mentally retarded for its reasonable capital costs, a per      2,112        

resident per day rate established prospectively each fiscal year   2,113        

for each intermediate care facility for the mentally retarded.     2,114        

Except as otherwise provided in sections 5111.20 to 5111.32 of     2,115        

the Revised Code, the rate shall be based on the facility's        2,116        

capital costs for the calendar year preceding the fiscal year in   2,117        

which the rate will be paid.  The rate shall equal the sum of the  2,118        

following:                                                                      

      (1)  The facility's desk-reviewed, actual, allowable, per    2,120        

                                                          49     


                                                                 
diem cost of ownership for the preceding cost reporting period,    2,121        

limited as provided in divisions (C) and (F) of this section;      2,122        

      (2)  Any efficiency incentive determined under division (B)  2,124        

of this section;                                                   2,125        

      (3)  Any amounts for renovations determined under division   2,127        

(D) of this section;                                               2,128        

      (4)  Any amounts for return on equity determined under       2,130        

division (I) of this section.                                      2,131        

      Buildings shall be depreciated using the straight line       2,133        

method over forty years or over a different period approved by     2,134        

the department.  Components and equipment shall be depreciated     2,135        

using the straight line method over a period designated by the     2,136        

director of job and family services in rules adopted in            2,138        

accordance with Chapter 119. of the Revised Code, consistent with  2,139        

the guidelines of the American hospital association, or over a     2,140        

different period approved by the department of job and family      2,141        

services.  Any rules adopted under this division that specify      2,142        

useful lives of buildings, components, or equipment apply only to  2,143        

assets acquired on or after July 1, 1993.  Depreciation for costs  2,144        

paid or reimbursed by any government agency shall not be included  2,145        

in costs of ownership or renovation unless that part of the        2,146        

payment under sections 5111.20 to 5111.32 of the Revised Code is   2,147        

used to reimburse the government agency.                           2,148        

      (B)  The department of job and family services shall pay to  2,151        

each intermediate care facility for the mentally retarded an                    

efficiency incentive equal to fifty per cent of the difference     2,153        

between any desk-reviewed, actual, allowable cost of ownership     2,154        

and the applicable limit on cost of ownership payments under       2,155        

division (C) of this section.  For purposes of computing the       2,156        

efficiency incentive, depreciation for costs paid or reimbursed    2,157        

by any government agency shall be considered as a cost of                       

ownership, and the applicable limit under division (C) of this     2,158        

section shall apply both to facilities with more than eight beds   2,159        

and facilities with eight or fewer beds.  The efficiency           2,160        

                                                          50     


                                                                 
incentive paid to a facility with eight or fewer beds shall not    2,161        

exceed three dollars per patient day, adjusted annually for the    2,162        

inflation rate for the twelve-month period beginning on the first  2,163        

day of July of the calendar year preceding the calendar year that  2,164        

precedes the fiscal year for which the efficiency incentive is     2,165        

determined and ending on the thirtieth day of the following June,  2,166        

using the consumer price index for shelter costs for all urban     2,167        

consumers for the north central region, as published by the        2,168        

United States bureau of labor statistics.                          2,169        

      (C)  Cost of ownership payments to intermediate care         2,171        

facilities for the mentally retarded with more than eight beds     2,172        

shall not exceed the following limits:                             2,173        

      (1)  For facilities with dates of licensure prior to         2,175        

January 1, l958, not exceeding two dollars and fifty cents per     2,176        

patient day;                                                       2,177        

      (2)  For facilities with dates of licensure after December   2,179        

31, l957, but prior to January 1, l968, not exceeding:             2,180        

      (a)  Three dollars and fifty cents per patient day if the    2,182        

cost of construction was three thousand five hundred dollars or    2,183        

more per bed;                                                      2,184        

      (b)  Two dollars and fifty cents per patient day if the      2,186        

cost of construction was less than three thousand five hundred     2,187        

dollars per bed.                                                   2,188        

      (3)  For facilities with dates of licensure after December   2,190        

31, l967, but prior to January 1, l976, not exceeding:             2,191        

      (a)  Four dollars and fifty cents per patient day if the     2,193        

cost of construction was five thousand one hundred fifty dollars   2,194        

or more per bed;                                                   2,195        

      (b)  Three dollars and fifty cents per patient day if the    2,197        

cost of construction was less than five thousand one hundred       2,198        

fifty dollars per bed, but exceeds three thousand five hundred     2,199        

dollars per bed;                                                   2,200        

      (c)  Two dollars and fifty cents per patient day if the      2,202        

cost of construction was three thousand five hundred dollars or    2,203        

                                                          51     


                                                                 
less per bed.                                                      2,204        

      (4)  For facilities with dates of licensure after December   2,206        

31, l975, but prior to January 1, l979, not exceeding:             2,207        

      (a)  Five dollars and fifty cents per patient day if the     2,209        

cost of construction was six thousand eight hundred dollars or     2,210        

more per bed;                                                      2,211        

      (b)  Four dollars and fifty cents per patient day if the     2,213        

cost of construction was less than six thousand eight hundred      2,214        

dollars per bed but exceeds five thousand one hundred fifty        2,215        

dollars per bed;                                                   2,216        

      (c)  Three dollars and fifty cents per patient day if the    2,218        

cost of construction was five thousand one hundred fifty dollars   2,219        

or less per bed, but exceeds three thousand five hundred dollars   2,220        

per bed;                                                           2,221        

      (d)  Two dollars and fifty cents per patient day if the      2,223        

cost of construction was three thousand five hundred dollars or    2,224        

less per bed.                                                      2,225        

      (5)  For facilities with dates of licensure after December   2,227        

31, l978, but prior to January 1, l980, not exceeding:             2,228        

      (a)  Six dollars per patient day if the cost of              2,230        

construction was seven thousand six hundred twenty-five dollars    2,231        

or more per bed;                                                   2,232        

      (b)  Five dollars and fifty cents per patient day if the     2,234        

cost of construction was less than seven thousand six hundred      2,235        

twenty-five dollars per bed but exceeds six thousand eight         2,236        

hundred dollars per bed;                                           2,237        

      (c)  Four dollars and fifty cents per patient day if the     2,239        

cost of construction was six thousand eight hundred dollars or     2,240        

less per bed but exceeds five thousand one hundred fifty dollars   2,241        

per bed;                                                           2,242        

      (d)  Three dollars and fifty cents per patient day if the    2,244        

cost of construction was five thousand one hundred fifty dollars   2,245        

or less but exceeds three thousand five hundred dollars per bed;   2,246        

      (e)  Two dollars and fifty cents per patient day if the      2,248        

                                                          52     


                                                                 
cost of construction was three thousand five hundred dollars or    2,249        

less per bed.                                                      2,250        

      (6)  For facilities with dates of licensure after December   2,253        

31, 1979, but prior to January 1, 1981, not exceeding:             2,254        

      (a)  Twelve dollars per patient day if the beds were         2,256        

originally licensed as residential facility beds by the            2,257        

department of mental retardation and developmental disabilities;   2,258        

      (b)  Six dollars per patient day if the beds were            2,260        

originally licensed as nursing home beds by the department of      2,261        

health.                                                                         

      (7)  For facilities with dates of licensure after December   2,263        

31, 1980, but prior to January 1, 1982, not exceeding:             2,264        

      (a)  Twelve dollars per patient day if the beds were         2,266        

originally licensed as residential facility beds by the            2,267        

department of mental retardation and developmental disabilities;   2,268        

      (b)  Six dollars and forty-five cents per patient day if     2,270        

the beds were originally licensed as nursing home beds by the      2,271        

department of health.                                                           

      (8)  For facilities with dates of licensure after December   2,273        

31, 1981, but prior to January 1, 1983, not exceeding:             2,274        

      (a)  Twelve dollars per patient day if the beds were         2,276        

originally licensed as residential facility beds by the            2,277        

department of mental retardation and developmental disabilities;   2,278        

      (b)  Six dollars and seventy-nine cents per patient day if   2,280        

the beds were originally licensed as nursing home beds by the      2,281        

department of health.                                                           

      (9)  For facilities with dates of licensure after December   2,283        

31, 1982, but prior to January 1, 1984, not exceeding:             2,284        

      (a)  Twelve dollars per patient day if the beds were         2,286        

originally licensed as residential facility beds by the            2,287        

department of mental retardation and developmental disabilities;   2,288        

      (b)  Seven dollars and nine cents per patient day if the     2,290        

beds were originally licensed as nursing home beds by the          2,291        

department of health.                                                           

                                                          53     


                                                                 
      (10)  For facilities with dates of licensure after December  2,293        

31, 1983, but prior to January 1, 1985, not exceeding:             2,294        

      (a)  Twelve dollars and twenty-four cents per patient day    2,296        

if the beds were originally licensed as residential facility beds  2,298        

by the department of mental retardation and developmental          2,299        

disabilities;                                                                   

      (b)  Seven dollars and twenty-three cents per patient day    2,301        

if the beds were originally licensed as nursing home beds by the   2,303        

department of health.                                                           

      (11)  For facilities with dates of licensure after December  2,305        

31, 1984, but prior to January 1, 1986, not exceeding:             2,306        

      (a)  Twelve dollars and fifty-three cents per patient day    2,308        

if the beds were originally licensed as residential facility beds  2,310        

by the department of mental retardation and developmental          2,311        

disabilities;                                                                   

      (b)  Seven dollars and forty cents per patient day if the    2,313        

beds were originally licensed as nursing home beds by the          2,315        

department of health.                                                           

      (12)  For facilities with dates of licensure after December  2,317        

31, 1985, but prior to January 1, 1987, not exceeding:             2,318        

      (a)  Twelve dollars and seventy cents per patient day if     2,320        

the beds were originally licensed as residential facility beds by  2,322        

the department of mental retardation and developmental             2,323        

disabilities;                                                                   

      (b)  Seven dollars and fifty cents per patient day if the    2,325        

beds were originally licensed as nursing home beds by the          2,327        

department of health.                                                           

      (13)  For facilities with dates of licensure after December  2,329        

31, 1986, but prior to January 1, 1988, not exceeding:             2,330        

      (a)  Twelve dollars and ninety-nine cents per patient day    2,332        

if the beds were originally licensed as residential facility beds  2,334        

by the department of mental retardation and developmental          2,335        

disabilities;                                                                   

      (b)  Seven dollars and sixty-seven cents per patient day if  2,337        

                                                          54     


                                                                 
the beds were originally licensed as nursing home beds by the      2,339        

department of health.                                                           

      (14)  For facilities with dates of licensure after December  2,341        

31, 1987, but prior to January 1, 1989, not exceeding thirteen     2,342        

dollars and twenty-six cents per patient day;                      2,343        

      (15)  For facilities with dates of licensure after December  2,345        

31, 1988, but prior to January 1, 1990, not exceeding thirteen     2,346        

dollars and forty-six cents per patient day;                       2,347        

      (16)  For facilities with dates of licensure after December  2,349        

31, 1989, but prior to January 1, 1991, not exceeding thirteen     2,350        

dollars and sixty cents per patient day;                           2,351        

      (17)  For facilities with dates of licensure after December  2,353        

31, 1990, but prior to January 1, 1992, not exceeding thirteen     2,354        

dollars and forty-nine cents per patient day;                      2,355        

      (18)  For facilities with dates of licensure after December  2,357        

31, 1991, but prior to January 1, 1993, not exceeding thirteen     2,358        

dollars and sixty-seven cents per patient day;                     2,359        

      (19)  For facilities with dates of licensure after December  2,361        

31, 1992, not exceeding fourteen dollars and twenty-eight cents    2,362        

per patient day.                                                                

      (D)  Beginning January 1, 1981, regardless of the original   2,364        

date of licensure, the department of job and family services       2,366        

shall pay a rate for the per diem capitalized costs of             2,367        

renovations to intermediate care facilities for the mentally       2,368        

retarded made after January 1, l981, not exceeding six dollars     2,369        

per patient day using 1980 as the base year and adjusting the      2,370        

amount annually until June 30, 1993, for fluctuations in           2,371        

construction costs calculated by the department using the "Dodge   2,372        

building cost indexes, northeastern and north central states,"     2,373        

published by Marshall and Swift.  The payment provided for in      2,374        

this division is the only payment that shall be made for the       2,375        

capitalized costs of a nonextensive renovation of an intermediate  2,376        

care facility for the mentally retarded.  Nonextensive renovation  2,377        

costs shall not be included in cost of ownership, and a            2,378        

                                                          55     


                                                                 
nonextensive renovation shall not affect the date of licensure     2,379        

for purposes of division (C) of this section.  This division       2,380        

applies to nonextensive renovations regardless of whether they     2,381        

are made by an owner or a lessee.  If the tenancy of a lessee      2,382        

that has made renovations ends before the depreciation expense     2,383        

for the renovation costs has been fully reported, the former       2,384        

lessee shall not report the undepreciated balance as an expense.   2,385        

      For a nonextensive renovation to qualify for payment under   2,387        

this division, both of the following conditions must be met:       2,388        

      (1)  At least five years have elapsed since the date of      2,390        

licensure or date of an extensive renovation of the portion of     2,391        

the facility that is proposed to be renovated, except that this    2,392        

condition does not apply if the renovation is necessary to meet    2,393        

the requirements of federal, state, or local statutes,             2,394        

ordinances, rules, or policies.                                    2,395        

      (2)  The provider has obtained prior approval from the       2,397        

department of job and family services.  The provider shall submit  2,399        

a plan that describes in detail the changes in capital assets to   2,400        

be accomplished by means of the renovation and the timetable for   2,401        

completing the project.  The time for completion of the project    2,402        

shall be no more than eighteen months after the renovation         2,403        

begins.  The director of job and family services shall adopt       2,405        

rules in accordance with Chapter 119. of the Revised Code that     2,407        

specify criteria and procedures for prior approval of renovation   2,408        

projects.  No provider shall separate a project with the intent    2,409        

to evade the characterization of the project as a renovation or    2,410        

as an extensive renovation.  No provider shall increase the scope  2,411        

of a project after it is approved by the department of job and     2,412        

family services unless the increase in scope is approved by the    2,413        

department.                                                                     

      (E)  The amounts specified in divisions (C) and (D) of this  2,415        

section shall be adjusted beginning July 1, 1993, for the          2,416        

estimated inflation for the twelve-month period beginning on the   2,417        

first day of July of the calendar year preceding the calendar      2,418        

                                                          56     


                                                                 
year that precedes the fiscal year for which rate will be paid     2,419        

and ending on the thirtieth day of the following June, using the   2,420        

consumer price index for shelter costs for all urban consumers     2,421        

for the north central region, as published by the United States    2,422        

bureau of labor statistics.                                        2,423        

      (F)(1)  For facilities of eight or fewer beds that have      2,425        

dates of licensure or have been granted project authorization by   2,426        

the department of mental retardation and developmental             2,427        

disabilities before July 1, 1993, and for facilities of eight or   2,428        

fewer beds that have dates of licensure or have been granted       2,429        

project authorization after that date if the facilities            2,430        

demonstrate that they made substantial commitments of funds on or  2,431        

before that date, cost of ownership shall not exceed eighteen      2,432        

dollars and thirty cents per resident per day.  The                2,433        

eighteen-dollar and thirty-cent amount shall be increased by the   2,434        

change in the "Dodge building cost indexes, northeastern and       2,435        

north central states," published by Marshall and Swift, during     2,436        

the period beginning June 30, 1990, and ending July 1, 1993, and   2,437        

by the change in the consumer price index for shelter costs for    2,438        

all urban consumers for the north central region, as published by  2,439        

the United States bureau of labor statistics, annually             2,440        

thereafter.                                                        2,441        

      (2)  For facilities with eight or fewer beds that have       2,443        

dates of licensure or have been granted project authorization by   2,444        

the department of mental retardation and developmental             2,445        

disabilities on or after July 1, 1993, for which substantial       2,446        

commitments of funds were not made before that date, cost of       2,447        

ownership payments shall not exceed the applicable amount          2,448        

calculated under division (F)(1) of this section, if the           2,449        

department of job and family services gives prior approval for     2,451        

construction of the facility.  If the department does not give                  

prior approval, cost of ownership payments shall not exceed the    2,452        

amount specified in division (C) of this section.                  2,453        

      (3)  Notwithstanding divisions (D) and (F)(1) and (2) of     2,455        

                                                          57     


                                                                 
this section, the total payment for cost of ownership, cost of     2,456        

ownership efficiency incentive, and capitalized costs of           2,457        

renovations for an intermediate care facility for the mentally     2,458        

retarded with eight or fewer beds shall not exceed the sum of the  2,459        

limitations specified in divisions (C) and (D) of this section.    2,461        

      (G)  Notwithstanding any provision of this section or        2,463        

section 5111.24 of the Revised Code, the director of job and       2,465        

family services may adopt rules in accordance with Chapter 119.    2,466        

of the Revised Code that provide for a calculation of a combined   2,467        

maximum payment limit for indirect care costs and cost of          2,468        

ownership for intermediate care facilities for the mentally        2,469        

retarded with eight or fewer beds.                                              

      (H)  After June 30, 1980, the owner of an intermediate care  2,471        

facility for the mentally retarded operating under a provider      2,472        

agreement shall provide written notice to the department of job    2,474        

and family services at least forty-five days prior to entering                  

into any contract of sale for the facility or voluntarily          2,476        

terminating participation in the medical assistance program.       2,477        

After the date on which a transaction of sale is closed, the       2,478        

owner shall refund to the department the amount of excess          2,479        

depreciation paid to the facility by the department for each year  2,480        

the owner has operated the facility under a provider agreement     2,481        

and prorated according to the number of medicaid patient days for  2,482        

which the facility has received payment.  If an intermediate care  2,483        

facility for the mentally retarded is sold after five or fewer     2,484        

years of operation under a provider agreement, the refund to the   2,485        

department shall be equal to the excess depreciation paid to the   2,486        

facility.  If an intermediate care facility for the mentally       2,487        

retarded is sold after more than five years but less than ten      2,488        

years of operation under a provider agreement, the refund to the   2,489        

department shall equal the excess depreciation paid to the         2,490        

facility multiplied by twenty per cent, multiplied by the number   2,491        

of years less than ten that a facility was operated under a        2,492        

provider agreement.  If an intermediate care facility for the      2,493        

                                                          58     


                                                                 
mentally retarded is sold after ten or more years of operation     2,494        

under a provider agreement, the owner shall not refund any excess  2,495        

depreciation to the department.  For the purposes of this          2,496        

division, "depreciation paid to the facility" means the amount     2,497        

paid to the intermediate care facility for the mentally retarded   2,498        

for cost of ownership pursuant to this section less any amount     2,499        

paid for interest costs. For the purposes of this division,        2,500        

"excess depreciation" is the intermediate care facility for the    2,501        

mentally retarded's depreciated basis, which is the owner's cost   2,502        

less accumulated depreciation, subtracted from the purchase price  2,503        

but not exceeding the amount of depreciation paid to the           2,504        

facility.                                                                       

      A cost report shall be filed with the department within      2,506        

ninety days after the date on which the transaction of sale is     2,507        

closed or participation is voluntarily terminated for an           2,508        

intermediate care facility for the mentally retarded subject to    2,509        

this division.  The report shall show the accumulated              2,510        

depreciation, the sales price, and other information required by   2,511        

the department.  The amount of the last two monthly payments to    2,512        

an intermediate care facility for the mentally retarded made       2,513        

pursuant to division (A)(1) of section 5111.22 of the Revised      2,514        

Code before a sale or voluntary termination of participation       2,515        

shall be held in escrow by a bank, trust company, or savings and   2,516        

loan association, except that if the amount the owner will be      2,517        

required to refund under this section is likely to be less than    2,518        

the amount of the last two monthly payments, the department shall  2,519        

take one of the following actions instead of withholding the       2,520        

amount of the last two monthly payments:                           2,521        

      (1)  In the case of an owner that owns other facilities      2,523        

that participate in the medical assistance program, obtain a       2,524        

promissory note in an amount sufficient to cover the amount        2,525        

likely to be refunded;                                             2,526        

      (2)  In the case of all other owners, withhold the amount    2,528        

of the last monthly payment to the intermediate care facility for  2,529        

                                                          59     


                                                                 
the mentally retarded.                                             2,530        

      The department shall, within ninety days following the       2,532        

filing of the cost report, audit the report and issue an audit     2,533        

report to the owner.  The department also may audit any other      2,534        

cost reports for the facility that have been filed during the      2,535        

previous three years.  In the audit report, the department shall   2,536        

state its findings and the amount of any money owed to the         2,537        

department by the intermediate care facility for the mentally      2,538        

retarded.  The findings shall be subject to an adjudication        2,539        

conducted in accordance with Chapter 119. of the Revised Code.     2,540        

No later than fifteen days after the owner agrees to a             2,541        

settlement, any funds held in escrow less any amounts due to the   2,542        

department shall be released to the owner and amounts due to the   2,543        

department shall be paid to the department.  If the amounts in     2,544        

escrow are less than the amounts due to the department, the        2,545        

balance shall be paid to the department within fifteen days after  2,546        

the owner agrees to a settlement.  If the department does not      2,547        

issue its audit report within the ninety-day period, the           2,548        

department shall release any money held in escrow to the owner.    2,549        

For the purposes of this section, a transfer of corporate stock,   2,550        

the merger of one corporation into another, or a consolidation     2,551        

does not constitute a sale.                                        2,552        

      If an intermediate care facility for the mentally retarded   2,554        

is not sold or its participation is not terminated after notice    2,555        

is provided to the department under this division, the department  2,556        

shall order any payments held in escrow released to the facility   2,557        

upon receiving written notice from the owner that there will be    2,558        

no sale or termination of participation.  After written notice is  2,559        

received from an intermediate care facility for the mentally       2,560        

retarded that a sale or termination of participation will not      2,561        

take place, the facility shall provide notice to the department    2,562        

at least forty-five days prior to entering into any contract of    2,563        

sale or terminating participation at any future time.              2,564        

      (I)  The department of job and family services shall pay     2,566        

                                                          60     


                                                                 
each eligible proprietary intermediate care facility for the       2,567        

mentally retarded a return on the facility's net equity computed   2,568        

at the rate of one and one-half times the average of interest      2,569        

rates on special issues of public debt obligations issued to the   2,570        

federal hospital insurance trust fund for the cost reporting       2,571        

period.  No facility's return on net equity paid under this        2,572        

division shall exceed one dollar per patient day.                  2,573        

      In calculating the rate for return on net equity, the        2,575        

department shall use the greater of the facility's inpatient days  2,576        

during the applicable cost reporting period or the number of       2,577        

inpatient days the facility would have had during that period if   2,578        

its occupancy rate had been ninety-five per cent.                  2,579        

      (J)(1)  Except as provided in division (J)(2) of this        2,582        

section, if a provider leases or transfers an interest in a        2,583        

facility to another provider who is a related party, the related   2,585        

party's allowable cost of ownership shall include the lesser of    2,586        

the following:                                                                  

      (a)  The annual lease expense or actual cost of ownership,   2,589        

whichever is applicable;                                                        

      (b)  The reasonable cost to the lessor or provider making    2,592        

the transfer.                                                                   

      (2)  If a provider leases or transfers an interest in a      2,594        

facility to another provider who is a related party, regardless    2,595        

of the date of the lease or transfer, the related party's          2,597        

allowable cost of ownership shall include the annual lease         2,598        

expense or actual cost of ownership, whichever is applicable,      2,599        

subject to the limitations specified in divisions (B) to (I) of    2,601        

this section, if all of the following conditions are met:          2,602        

      (a)  The related party is a relative of owner;               2,605        

      (b)  In the case of a lease, if the lessor retains any       2,607        

ownership interest, it is in only the real property and any        2,608        

improvements on the real property;                                 2,609        

      (c)  In the case of a transfer, the provider making the      2,612        

transfer retains no ownership interest in the facility;            2,613        

                                                          61     


                                                                 
      (d)  The United States internal revenue service has issued   2,616        

a ruling that the lease or transfer is an arm's length                          

transaction for purposes of federal income taxation;               2,617        

      (e)  Except in the case of hardship caused by a              2,620        

catastrophic event, as determined by the department, or in the     2,621        

case of a lessor or provider making the transfer who is at least                

sixty-five years of age, not less than twenty years have elapsed   2,622        

since, for the same facility, allowable cost of ownership was      2,623        

determined most recently under this division.                      2,624        

      Sec. 5111.62.   The proceeds of all fines, including         2,633        

interest, collected under sections 5111.35 to 5111.62 of the       2,634        

Revised Code shall be deposited in the state treasury to the       2,635        

credit of the residents protection fund, which is hereby created.  2,636        

Moneys in the fund shall be used solely for the protection of the  2,637        

health or property of residents of nursing facilities in which     2,638        

the department of health finds deficiencies, including payment     2,639        

for the costs of relocation of residents to other facilities,      2,640        

maintenance of operation of a facility pending correction of       2,641        

deficiencies or closure, and reimbursement of residents for the    2,642        

loss of money managed by the facility under section 3721.15 of     2,643        

the Revised Code.  The fund shall be maintained and administered   2,645        

by the department of job and family services under rules           2,646        

developed in consultation with the departments of health and       2,647        

aging and adopted by the director of job and family services       2,649        

under Chapter 119. of the Revised Code.                            2,650        

      Section 2.  That existing sections 173.19, 3702.525,         2,652        

3721.21, 5111.20, 5111.25, 5111.251, and 5111.62 of the Revised    2,654        

Code are hereby repealed.                                                       

      Section 3.  Notwithstanding the fourteen-month publishing    2,656        

deadline established in section 173.46 of the Revised Code, the    2,657        

Department of Aging shall not publish the Ohio Long-term Care      2,658        

Consumer Guide unless it includes in the guide the results of      2,659        

customer satisfaction surveys conducted under section 173.54 of    2,660        

the Revised Code.  For the purposes of this condition, the         2,661        

                                                          62     


                                                                 
department may publish the guide if it includes in the guide the   2,662        

results of surveys of families of nursing facility residents       2,663        

covering at least twenty-five per cent of the nursing facilities   2,664        

in this state and it has established a process for conducting      2,665        

both family and resident satisfaction surveys under section        2,666        

173.54 of the Revised Code.                                                     

      Section 4.  All items in this section are hereby             2,668        

appropriated as designated out of  any moneys in the state         2,669        

treasury to the credit of the designated fund group.  For all      2,670        

appropriations made in this act, those in the first column are     2,671        

for fiscal year 2000 and those in the second column are for        2,672        

fiscal year 2001.  The appropriations made in this act are in      2,673        

addition to any other appropriations made for the 1999-2001        2,674        

biennium.                                                                       

           JFS  DEPARTMENT OF JOB AND FAMILY SERVICES              2,676        

General Revenue Fund                                               2,679        

GRF 400-525 Health Care/Medicaid                                   2,682        

            State                 $            0 $    8,150,410    2,686        

            Federal               $            0 $   11,699,590    2,689        

            Health Care Total     $            0 $   19,850,000    2,692        

Total GRF General Revenue Fund                                     2,693        

   Group                                                                        

            State                 $            0 $    8,150,410    2,697        

            Federal               $            0 $   11,699,590    2,700        

            GRF Total             $            0 $   19,850,000    2,703        

TOTAL ALL BUDGET FUND GROUPS      $            0 $   19,850,000    2,706        

      Health Care/Medicaid                                         2,709        

      Of the foregoing appropriation item 600-525, Health          2,711        

Care/Medicaid, $3,650,000 shall be used in fiscal year 2001 to     2,712        

support additional slots for the Department of Job and Family      2,713        

Services' Ohio Home Care Waiver Program.                                        

     DMR  DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL       2,715        

                          DISABILITIES                                          

General Revenue Fund                                               2,717        

                                                          63     


                                                                 
GRF 322-413 Residential and                                        2,719        

            Support Services      $            0 $    4,500,000    2,721        

TOTAL GRF General Revenue Fund    $            0 $    4,500,000    2,723        

Federal Special Revenue Fund Group                                 2,726        

3G6 322-639 Medicaid Waiver       $            0 $    6,460,000    2,730        

TOTAL FSR Federal Special Revenue $            0 $    6,460,000    2,733        

   Fund Group                                                                   

TOTAL ALL BUDGET FUND GROUPS      $            0 $   10,960,000    2,735        

      Residential and Support Services                             2,738        

      Of the foregoing appropriation item 322-413, Residential     2,740        

and Support Services, $4,500,000 shall be used in fiscal year      2,741        

2001 as state matching funds to support additional slots for the   2,742        

Individual Options Home and Community-based waiver program         2,743        

operated pursuant to Title XVIII of the "Social Security Act," 49  2,744        

Stat. 620 (1935), 42 U.S.C. 301, as amended.                                    

      Medicaid Waiver                                              2,746        

      Of the foregoing appropriation item 322-639, Medicaid        2,748        

Waiver (Fund 3G6), $6,460,000 shall be used in fiscal year 2001    2,749        

to support additional slots for the Individual Options Home and    2,750        

Community-based waiver program operated pursuant to Title XVIII    2,751        

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,  2,752        

as amended.                                                                     

                    AGE  DEPARTMENT OF AGING                       2,753        

State Special Revenue Fund Group                                   2,754        

5K9 490-613 Long-Term Care                                         2,757        

            Consumer Guide        $            0 $      807,000    2,759        

TOTAL SSR State Special Revenue                                    2,760        

     Fund Group                   $            0 $      807,000    2,763        

TOTAL ALL BUDGET FUND GROUPS      $            0 $      807,000    2,765        

      Long-Term Care Consumer Guide                                2,768        

      Notwithstanding section 5111.62 of the Revised Code, not     2,770        

later than July 15, 2000, the Director of Budget and Management    2,772        

shall transfer $407,000 cash from Fund 4E3, Resident Protection    2,773        

Fund, to Fund 5K9, Long-Term Care Consumer Guide Fund.                          

                                                          64     


                                                                 
      The foregoing appropriation item 490-613, Long-Term Care     2,775        

Consumer Guide, shall be used by the Department of Aging for       2,776        

costs associated with publishing the Ohio Long-Term Care Consumer  2,777        

Guide.                                                                          

                    DOH  DEPARTMENT OF HEALTH                      2,779        

State Special Revenue Fund Group                                   2,781        

5L1 440-623 Nursing Facility                                       2,783        

            Technical Assistance                                                

            Program               $            0 $    1,400,000    2,785        

TOTAL SSR State Special Revenue                                    2,786        

     Fund Group                   $            0 $    1,400,000    2,789        

TOTAL ALL BUDGET FUND GROUPS      $            0 $    1,400,000    2,792        

      Nursing Facility Technical Assistance Program                2,795        

      Notwithstanding section 5111.62 of the Revised Code, not     2,797        

later than July 15, 2000, the Director of Budget and Management    2,799        

shall transfer $1,400,000 cash from Fund 4E3, Resident Protection  2,800        

Fund, to Fund 5L1, Nursing Facility Technical Assistance Fund, to  2,801        

be used in accordance with section 3721.026 of the Revised Code.   2,802        

      Within the limits set forth in this act, the Director of     2,804        

Budget and Management shall establish accounts indicating source   2,805        

and amount of funds for each appropriation made in this act, and   2,806        

shall determine the form and manner in which appropriation         2,807        

accounts shall be maintained.  Expenditures from appropriations    2,808        

contained in this act shall be accounted for as though made in     2,809        

Am. Sub. H.B. 283 of the 123rd General Assembly.                   2,810        

      The appropriations made in this act are subject to all       2,812        

provisions of Am. Sub. H.B. 283 of the 123rd General Assembly.     2,813        

      Section 5.  (A)  Notwithstanding division (Q)(1) of section  2,816        

5111.20 of the Revised Code, when calculating indirect care costs  2,817        

for the purpose of establishing rates under section 5111.24 or     2,818        

5111.241 of the Revised Code for fiscal year 2001, "per diem," as  2,819        

used in sections 5111.20 to 5111.32 of the Revised Code, means a   2,820        

nursing facility's or intermediate care facility for the mentally  2,821        

retarded's actual, allowable indirect care costs in the cost       2,822        

                                                          65     


                                                                 
reporting period divided by the greater of the facility's          2,823        

inpatient days for that period or the number of inpatient days     2,824        

the facility would have had during that period if its occupancy    2,825        

rate had been seventy-five per cent.                                            

      (B)  Notwithstanding division (Q)(2) of section 5111.20 of   2,827        

the Revised Code, when calculating capital costs for the purpose   2,828        

of establishing rates under section 5111.25 or 5111.251 of the     2,829        

Revised Code for fiscal year 2001, "per diem," as used in          2,830        

sections 5111.20 to 5111.32 of the Revised Code, means a nursing   2,831        

facility's or intermediate care facility for the mentally          2,832        

retarded's actual, allowable capital costs in the cost reporting   2,833        

period divided by the greater of the facility's inpatient days     2,834        

for that period or the number of inpatient days the facility       2,835        

would have had during that period if its occupancy rate had been   2,836        

eighty-five per cent.                                                           

      (C)  Notwithstanding section 5111.261 and division (C) of    2,838        

section 5111.262 of the Revised Code, for costs incurred during    2,839        

calendar year 1999, costs reported in a nursing facility's cost    2,840        

report for purchased nursing services shall be allowable direct    2,841        

care costs up to seventeen per cent of the nursing facility's      2,842        

cost specified in the cost report for services provided that year  2,843        

by registered nurses, licensed practical nurses, and nurse aides   2,844        

who are employees of the facility, plus one-half of the amount by  2,845        

which the reported costs for purchased nursing services exceed     2,846        

that percentage.                                                   2,847        

      (D)  As soon as practicable, the Department of Job and       2,849        

Family Services shall follow this section for the purpose of       2,850        

calculating nursing facilities' and intermediate care facilities   2,851        

for the mentally retarded's Medicaid reimbursement rates for       2,852        

indirect care and capital costs for fiscal year 2001.  If the      2,853        

Department is unable to calculate the rates before it makes        2,854        

payments for services provided during fiscal year 2001, the        2,855        

Department shall pay a nursing facility or intermediate care       2,856        

facility for the mentally retarded the difference between the      2,857        

                                                          66     


                                                                 
amount it pays the facility and the amount that would have been    2,858        

paid had the Department made the calculation in time.              2,859        

      Section 6.  Except for sections 3702.525, 5111.25, and       2,862        

5111.251 of the Revised Code as amended by this act, the codified  2,863        

and uncodified sections of law contained in this act are not       2,864        

subject to the referendum and take effect on the later of July 1,  2,865        

2000, or the day this act becomes law.  The amendments to                       

sections 3702.525, 5111.25, and 5111.251 of the Revised Code made  2,866        

by this act constitute items of law that are subject to the        2,867        

referendum.  Therefore, under Article II, Section 1c of the Ohio   2,868        

Constitution and section 1.471 of the Revised Code, these items    2,869        

of law take effect on the 91st day after this act is filed with    2,870        

the Secretary of State.  If, however, a referendum petition is     2,871        

filed against these items of law, these items of law, unless       2,872        

rejected at the referendum, take effect at the earliest time       2,873        

permitted by law.