REPRESENTATIVES Core, Seitz, McGregor, Kearns, Aslanides, Gilb, Hollister, Flowers, Schmidt, Willamowski

To amend sections 140.01, 140.03, 5155.01, 5155.02,

1

5155.03, 5155.04, 5155.14, 5155.16, 5155.19,

2

5155.27, and 5155.31, to enact new section 140.051

3

and sections 5155.011 and 5155.012, and to repeal

4

sections 140.051, 5155.05, 5155.06, 5155.07,

5

5155.28, and 5155.30 of the Revised Code to expand

6

the definition of costs of hospital facilities, to

7

specify that a trustee, officer, or director of a

8

hospital agency does not have an interest in the

9

profits or benefits of an agreement between

10

hospital agencies solely by virtue of being a

11

trustee, officer, or director of one of the

12

participating hospital agencies, to confirm and

13

validate amendments made to section 140.01 and the

14

enactment of section 140.051 of the Revised Code

15

by Am. Sub. S.B. 109 of the 113th General Assembly

16

in order to eliminate any legal challenges that

17

have been or may be raised concerning the

18

constitutionality of these amendments, to permit

19

transfer of operational authority of a county home

20

to a board of county hospital trustees, and to

21

authorize a board of county commissioners to

22

contract with third parties to manage a county

23

home.

24

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

Section 1. That sections 140.01, 140.03, 5155.01, 5155.02,	25
5155.03, 5155.04, 5155.14, 5155.16, 5155.19, 5155.27, and 5155.31	26
be amended and new section 140.051 and sections 5155.011 and	27
5155.012 of the Revised Code be enacted to read as follows:	28

Sec. 140.01.  As used in this chapterthis chapter:

29

(A) "Hospital agency" means any public hospital agency or any	30
nonprofit hospital agency.	31

(B) "Public hospital agency" means any county, board of	32
county hospital trustees established pursuant to section 339.02 of	33
the Revised Code, county hospital commission established pursuant	34
to section 339.14 of the Revised Code, municipal corporation, new	35
community authority organized under Chapter 349. of the Revised	36
Code, joint township hospital district, state or municipal	37
university or college operating or authorized to operate a	38
hospital facility, or the state, or the state.	39

(C) "Nonprofit hospital agency" means a corporation or	40
association not for profit, no part of the net earnings of which	41
inures or may lawfully inure to the benefit of any private	42
shareholder or individual, that has authority to own or operate a	43
hospital facility or provides or is to provide services to one or	44
more other hospital agencies.	45

(D) "Governing body" means, in the case of a county, the	46
board of county commissioners or other legislative body; in the	47
case of a board of county hospital trustees, the board; in the	48
case of a county hospital commission, the commission; in the case	49
of a municipal corporation, the council or other legislative	50
authority; in the case of a new community authority, its board of	51
trustees; in the case of a joint township hospital district, the	52
joint township district hospital board; in the case of a state or	53
municipal university or college, its board of trustees or board of	54
directors; in the case of a nonprofit hospital agency, the board	55
of trustees or other body having general management of the agency;	56
and, in the case of the state, the director of development or the	57
Ohio higher educational facility commission; and, in the case of	58
the state, the director of development or the Ohio higher	59
educational facility commission.	60

(E) "Hospital facilities" means buildings, structures and	61
other improvements, additions thereto and extensions thereof,	62
furnishings, equipment, and real estate and interests in real	63
estate, used or to be used for or in connection with one or more	64
one or more hospitals, emergency, intensive, intermediate,	65
extended, long-term, or self-care facilities, diagnostic and	66
treatment and out-patient facilities, facilities related to	67
programs for home health services, clinics, laboratories, public	68
health centers, research facilities, and rehabilitation	69
facilities, for or pertaining to diagnosis, treatment, care, or	70
rehabilitation of sick, ill, injured, infirm, impaired, disabled,	71
or handicapped persons, or the prevention, detection, and control	72
of disease, and also includes education, training, and food	73
service facilities for health professions personnel, housing	74
facilities for such personnel and their families, and parking and	75
service facilities in connection with any of the foregoing; and	76
includes any one, part of, or any combination of the foregoing;	77
and further includes site improvements, utilities, machinery,	78
facilities, furnishings, and any separate or connected buildings,	79
structures, improvements, sites, utilities, facilities, or	80
equipment to be used in, or in connection with the operation or	81
maintenance of, or supplementing or otherwise related to the	82
services or facilities to be provided by, any one or more of such	83
hospital facilities.	84

(F) "Costs of hospital facilities" means the costs of	85
acquiring or constructing hospital facilities,or interests in	86
hospital facilities, including membership interests in nonprofit	87
hospital agencies, costs of constructing hospital facilities,	88
costs of improving one or moreone or more hospital facilities,	89
including reconstructing, rehabilitating, remodeling, renovating,	90
and enlarging, costs of equipping and furnishing such facilities,	91
and all financing costs pertaining thereto, including, without	92
limitation thereto, costs of engineering, architectural, and other	93
professional services, designs, plans, specifications and surveys,	94
and estimates of cost, costs of tests and inspections, the costs	95
of any indemnity or surety bonds and premiums on insurance, all	96
related direct or allocable administrative expenses pertaining	97
thereto, fees and expenses of trustees, depositories, and paying	98
agents for the obligations, cost of issuance of the obligations	99
and financing charges and fees and expenses of financial advisors,	100
attorneys, accountants, consultants and rating services in	101
connection therewith, capitalized interest on the obligations,	102
amounts necessary to establish reserves as required by the bond	103
proceedings, the reimbursement of all moneys advanced or applied	104
by the hospital agency or others or borrowed from others for the	105
payment of any item or items of costs of such facilities, and all	106
other expenses necessary or incident to planning or determining	107
feasibility or practicability with respect to such facilities, and	108
such other expenses as may be necessary or incident to the	109
acquisition, construction, reconstruction, rehabilitation,	110
remodeling, renovation, enlargement, improvement, equipment, and	111
furnishing of such facilities, the financing thereof, and the	112
placing of the same in use and operation, including any one, part	113
of, or combination of such classes of costs and expenses, and	114
means the costs of refinancing obligations issued by, or	115
reimbursement of money advanced by, nonprofit hospital agencies or	116
others the proceeds of which were used for the payment of costs of	117
hospital facilities, if the governing body of the public hospital	118
agency determines that the refinancing or reimbursement advances	119
the purposes of this chapter, whether or not the refinancing or	120
reimbursement is in conjunction with the acquisition or	121
construction of additional hospital facilities, and means the	122
costs of refinancing obligations issued by, or reimbursement of	123
money advanced by, nonprofit hospital agencies or others the	124
proceeds of which were used for the payment of costs of hospital	125
facilities, if the governing body of the public hospital agency	126
determines that the refinancing or reimbursement advances the	127
purposes of this chapter, whether or not the refinancing or	128
reimbursement is in conjunction with the acquisition or	129
construction of additional hospital facilities.	130

(G) "Hospital receipts" means all moneys received by or on	131
behalf of a hospital agency from or in connection with the	132
ownership, operation, acquisition, construction, improvement,	133
equipping, or financing of any hospital facilities, including,	134
without limitation thereto, any rentals and other moneys received	135
from the lease, sale, or other disposition of hospital facilities,	136
and any gifts, grants, interest subsidies, or other moneys	137
received under any federal program for assistance in financing the	138
costs of hospital facilities, and any other gifts, grants, and	139
donations, and receipts therefrom, available for financing the	140
costs of hospital facilities.	141

(H) "Obligations" means bonds, notes, or other evidences of	142
indebtedness or obligation, including interest coupons pertaining	143
thereto, issued or issuable by a public hospital agency to pay	144
costs of hospital facilities.	145

(I) "Bond service charges" means principal, interest, and	146
call premium, if any, required to be paid on obligations.	147

(J) "Bond proceedings" means one or more ordinances,	148
resolutions, trust agreements, indentures, and other agreements or	149
documents, and amendments and supplements to the foregoing, or any	150
combination thereof, authorizing or providing for the terms,	151
including any variable interest rates,, including any variable	152
interest rates, and conditions applicable to, or providing for the	153
security of, obligations and the provisions contained in such	154
obligations.	155

(K) "Nursing home" has the same meaning as in division (A)(1)	156
of section 5701.13 of the Revised Code.	157

(L) "Residential care facility" has the same meaning as in	158
division (A)(2) of section 5701.13 of the Revised Code.	159

(M) "Adult care facility" has the same meaning as in division	160
(A)(3) of section 5701.13 of the Revised Code.	161

(N) "Independent living facility" means any self-care	162
facility or other housing facility designed or used as a residence	163
for elderly persons. An "independent living facility" does not	164
include a residential facility, or that part of a residential	165
facility, that is any of the following:	166

(1) A hospital required to be certified by section 3727.02 of	167
the Revised Code;	168

(2) A nursing home or residential care facility;

169

(3) An adult care facility;

170

(4) A hospice licensed under section 3712.04 of the Revised	171
Code;	172

(5) A habilitation center as defined in section 5123.041 of	173
the Revised Code;	174

(6) A residential facility for the mentally ill licensed by	175
the department of mental health under section 5119.22 of the	176
Revised Code;	177

(7) A facility licensed to provide methadone treatment under	178
section 3793.11 of the Revised Code;	179

(8) A facility certified as an alcohol and drug addiction	180
program under section 3793.06 of the Revised Code;	181

(9) A residential facility licensed under section 5123.19 of	182
the Revised Code or a facility providing services under a contract	183
with the department of mental retardation and developmental	184
disabilities under section 5123.18 of the Revised Code;	185

(10) A residential facility used as part of a hospital to	186
provide housing for staff of the hospital or students pursuing a	187
course of study at the hospital.	188

Sec. 140.03.  (A) Two or more hospital agencies may enter	189
into agreements for the acquisition, construction, reconstruction,	190
rehabilitation, remodeling, renovating, enlarging, equipping, and	191
furnishing of hospital facilities, or the management, operation,	192
occupancy, use, maintenance, and repair of hospital facilities, or	193
for participation in programs, projects, activities, and services	194
useful to, connected with, supplementing, or otherwise related to	195
the services provided by, or the operation of, hospital facilities	196
operated by one or more participating hospital agencies, including	197
any combination of such purposes, all in such manner as to promote	198
the public purpose stated in section 140.02 of the Revised Code. A	199
city health district; general health district; board of alcohol,	200
drug addiction, and mental health services; county board of mental	201
retardation and developmental disabilities; the department of	202
mental health; the department of mental retardation and	203
developmental disabilities; or any public body engaged in the	204
education or training of health professions personnel may join in	205
any such agreement for purposes related to its authority under	206
laws applicable to it, and as such a participant shall be	207
considered a public hospital agency or hospital agency for the	208
purposes of this section. No trustee, officer, or director of a	209
hospital agency who has entered into an agreement with another	210
hospital agency will be considered to have an interest in the	211
profits or benefits of the agreement solely by virtue of being a	212
trustee, officer, or director.	213

(B) An agreement entered into under authority of this section	214
shall, where appropriate, provide for:	215

(1) The manner in which the title to the hospital facilities,	216
including the sites and interest in real estate pertaining	217
thereto, is to be held, transferred, or disposed of;	218

(2) Unless provided for by lease pursuant to section 140.05	219
of the Revised Code, the method by which such hospital facilities	220
are to be acquired, constructed, or otherwise improved and by	221
which they shall be managed, occupied, maintained, and repaired,	222
including the designation of one of the hospital agencies to have	223
charge of the details of acquisition, construction, or improvement	224
pursuant to the contracting procedures prescribed under the law	225
applicable to one of the participating public hospital agencies;	226

(3) The management or administration of any such programs,	227
projects, activities, or services, which may include management or	228
administration by one of said hospital agencies or a board or	229
agency thereof;	230

(4) Annual, or more frequent, reports to the participating	231
hospital agencies as to the revenues and receipts pertaining to	232
the subject of the agreement, the expenditures thereof, the status	233
and application of other funds contributed under such agreement,	234
and such other matters as may be specified by or pursuant to such	235
agreement;	236

(5) The manner of apportionment or sharing of costs of	237
hospital facilities, any other applicable costs of management,	238
operation, maintenance, and repair of hospital facilities, and	239
costs for the programs, projects, activities, and services forming	240
the subject of the agreement, which apportionment or sharing may	241
be prescribed in fixed amounts, or determined by ratios, formulas,	242
or otherwise, and paid as service charges, rentals, or in such	243
other manner as provided in the agreement, and may include amounts	244
sufficient to meet the bond service charges and other payments and	245
deposits required under the bond proceedings for obligations	246
issued to pay costs of hospital facilities. A hospital agency may	247
commit itself to make such payments at least for so long as any	248
such obligations are outstanding. In the apportionment, different	249
classes of costs or expenses may be apportioned to one or more,	250
all or less than all, of the participating hospital agencies as	251
determined under such agreement.	252

(C) An agreement entered into under authority of this section	253
may provide for:	254

(1) An orderly process for making determinations or advising	255
as to planning, execution, implementation, and operation, which	256
may include designating one of the hospital agencies, or a board	257
thereof, for any of such purposes, provisions for a committee,	258
board, or commission, and for representation thereon, or as may	259
otherwise be provided;	260

(2) Securing necessary personnel, including participation of	261
personnel from the respective hospital agencies;	262

(3) Standards or conditions for the admission or	263
participation of patients and physicians;	264

(4) Conditions for admittance of other hospital agencies to	265
participation under the agreement;	266

(5) Fixing or establishing the method of determining charges	267
to be made for particular services;	268

(6) The manner of amending, supplementing, terminating, or	269
withdrawal or removal of any party from, the agreement, and the	270
term of the agreement, or an indefinite term;	271

(7) Designation of the applicants for or recipients of any	272
federal, state, or other aid, assistance, or loans available by	273
reason of any activities conducted under the agreement;	274

(8) Designation of one or more of the participating hospital	275
agencies to maintain, prepare, and submit, on behalf of all	276
parties to the agreement, any or all records and reports with	277
regard to the activities conducted under the agreement;	278

(9) Any incidental use of the hospital facilities, or	279
services thereof, by participating public hospital agencies for	280
any of their lawful purposes, which incidental use does not impair	281
the character of the facilities as hospital facilities for any	282
purpose of this chapter;	283

(10) Such other matters as the parties thereto may agree upon	284
for the purposes of division (A) of this section.	285

(D) For the purpose of paying or contributing its share under	286
an agreement made under this section, a public hospital agency	287
may:	288

(1) Expend any moneys from its general fund, and from any	289
other funds not otherwise restricted by law, but including funds	290
for permanent improvements of hospital facilities of such public	291
hospital agency where the contribution is to be made toward the	292
costs of hospital facilities under the agreement, and including	293
funds derived from levies for, or receipts available for,	294
operating expenses of hospital facilities or services of such	295
public hospital agency where the contribution or payment is to be	296
made toward operating expenses of the hospital facilities or	297
services under the agreement or for the services provided thereby;	298

(2) Issue obligations under Chapter 133. or sections 140.06,	299
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	300
3 of Article XVIII, Ohio Constitution, if applicable to such	301
public hospital agency, to pay costs of hospital facilities, or	302
issue obligations under any other provision of law authorizing	303
such public hospital agency to issue obligations for any costs of	304
hospital facilities;	305

(3) Levy taxes under Chapter 5705. or section 513.13 or	306
3709.29 of the Revised Code, if applicable to such public hospital	307
agency, provided that the purpose of such levy may include the	308
provision of funds for either or both permanent improvements and	309
current expenses if required for the contribution or payment of	310
such hospital agency under such agreement, and each such public	311
hospital agency may issue notes in anticipation of any such levy,	312
pursuant to the procedures provided in section 5705.191 of the	313
Revised Code if the levy is solely for current expenses, and in	314
section 5705.193 of the Revised Code if the levy is all or in part	315
for permanent improvements;	316

(4) Contribute real and personal property or interest therein	317
without necessity for competitive bidding or public auction on	318
disposition of such property.	319

(E) Any funds provided by public hospital agencies that are	320
parties to an agreement entered into under this section shall be	321
transferred to and placed in a separate fund or funds of such	322
participating public hospital agency as is designated under the	323
agreement. The funds shall be applied for the purposes provided in	324
such agreement and are subject to audit. Pursuant to any	325
determinations to be made under such agreement, the funds shall be	326
deposited, invested, and disbursed under the provisions of law	327
applicable to the public hospital agency in whose custody the	328
funds are held. This division is subject to the provisions of any	329
applicable bond proceedings under section 133.08, 140.06, 339.15,	330
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	331
Constitution. The records and reports of such public hospital	332
agency under Chapter 117. of the Revised Code and sections 3702.51	333
to 3702.62 of the Revised Code, with respect to the funds shall be	334
sufficient without necessity for reports thereon by the other	335
public hospital agencies participating under such agreement.	336

(F)(1) Prior to its entry into any such agreement, the public	337
hospital agency must determine, and set forth in a resolution or	338
ordinance, that the contribution to be made by it under such	339
agreement will be fair consideration for value and benefit to be	340
derived by it under such agreement and that the agreement will	341
promote the public purpose stated in section 140.02 of the Revised	342
Code.	343

(2) If the agreement is with a board of county commissioners,	344
board of county hospital trustees, or county hospital commission	345
and is an initial agreement for the acquisition or operation of a	346
county hospital operated by a board of county hospital trustees	347
under section 339.06 of the Revised Code, the governing body of	348
the public hospital agency shall submit the resolution to the	349
board of county commissioners pursuant to section 339.091 of the	350
Revised Code. If the board of county commissioners adopts a	351
resolution under that section, it shall submit the resolution to	352
the electors of the county pursuant to section 339.092 of the	353
Revised Code. The requirements of division (F)(2) of this section	354
do not apply to the agreement if one or more hospitals classified	355
as general hospitals by the public health council under section	356
3701.07 of the Revised Code are operating in the same county as	357
the county hospital.	358

Sec. 140.051.  If the costs of the hospital facilities are to	359
be paid with funds derived from revenue obligations issued	360
pursuant to section 140.06 of the Revised Code and with other	361
funds derived from the nonprofit hospital agency, a public	362
hospital agency, pursuant to negotiation and in the manner	363
determined in its sole discretion by the governing body of the	364
public hospital agency, may enter into a contract for the	365
acquisition, construction, improvement, equipment, or furnishing	366
of a hospital facility that is to be leased pursuant to section	367
140.05 of the Revised Code by a public hospital agency to a	368
nonprofit hospital agency. Any requirement of competitive bidding,	369
other restriction, or other procedures that are imposed on a	370
public hospital agency with respect to contracts is not applicable	371
to any contract entered into pursuant to this section.	372

A hospital facility is not exempt from applicable zoning,	373
planning, and building regulations by reason of being financed	374
from the proceeds of obligations issued pursuant to this chapter.	375

Sec. 5155.01.  The board of county commissioners shall make	376
all contracts for new buildings and for additions to existing	377
buildings necessary for the county home, and shall prescribe rules	378
for the management and good government of suchthe home and to	379
promote sobriety, morality, and industry among residents. The	380
superintendent or administrator of the county home shall be	381
responsible for maintaining buildings in good repair.	382

In all cases in which both the husband and wife have been	383
admitted to such county home such couple, unless otherwise	384
requested by either of them, shall not be separated, and shall be	385
given quarters in the same part of such facility.	386

The superintendent or administrator may employ an	387
administrative assistant and such additional necessary personnel,	388
at rates of wages to be fixed by the board of county	389
commissioners, as may not be found available on the part of the	390
residents of the facility. The superintendent or administrator and	391
administrative assistant shall be removed if either of them	392
requires or permits residents or employees to render services for	393
the private interests of the superintendent or administrator, the	394
administrative assistant, orany member of the board of county	395
commissioners, or any private interest, or any member of the board	396
of county hospital trustees if that board has entered into an	397
agreement or otherwise has operational control as provided in	398
section 5155.011 of the Revised Code.	399

Sec. 5155.011. (A) As used in this chapter, "operator" means	400
a board of county hospital trustees acting under an agreement, or	401
pursuant to a resolution adopted by the board of county	402
commissioners, as provided in this section.	403

(B) The board of county commissioners may transfer	404
operational control of the county home to the board of county	405
hospital trustees of a county hospital located in the county by	406
either of the following means:	407

(1) By adopting a resolution to transfer all operational	408
control of the home to the board of county hospital trustees of	409
that county hospital. The board of county hospital trustees also	410
must adopt a resolution to accept the transfer of operational	411
control. In transferring operational control, the board of county	412
commissioners cannot and does not transfer ownership of any real	413
or personal property of the county to the board of county hospital	414
trustees.	415

(2) By entering into an agreement with the board of county	416
hospital trustees of that county hospital to authorize the board	417
of county hospital trustees to manage and operate the home on	418
behalf of the board of county commissioners. Except as otherwise	419
provided in the agreement, the operator shall carry out the duties	420
of an operator authorized in this chapter in the same manner as	421
otherwise would be required of the board of county commissioners.	422
The agreement may specify duties set forth in this chapter that	423
will be retained by the board of county commissioners instead of	424
being carried out by the operator on behalf of the board. The	425
board of county commissioners shall retain ownership of the county	426
home under the agreement.	427

Sec. 5155.012. A board of county commissioners may enter into	428
a contract to aid it in the execution of its powers and duties for	429
the management and good government of the county home.	430

Sec. 5155.02.  The clerk of the board of county	431
commissioners, or, if there is no clerk of the board, the county	432
auditor, shall keep a record of the board's transactions	433
respecting the county home, and this record shall be kept in the	434
manner provided by sections 305.10 and 305.11 of the Revised Code.	435
The board of county commissioners may determine that the clerk,	436
or, if there is no clerk of the board, the county auditor, shall	437
keep a separate record of the board's transactions respecting the	438
county home. If a separate record is kept, it shall be kept in the	439
manner provided by sections 305.10 and 305.11 of the Revised Code.	440
Either record shall at all reasonable times by open to public	441
inspection.	442

The operator shall keep a record of its transactions	443
regarding the county home in the manner provided in sections	444
305.10 and 305.11 of the Revised Code. The record shall be open to	445
public inspection at all reasonable times.	446

Sec. 5155.03.  The board of county commissioners or operator	447
shall appoint a superintendent, whom theywho may authorizebe	448
authorized to use the title, "administrator," who may reside on	449
the premises of the county home or other building contiguous	450
theretoto the county home, and who shall receive suchthe	451
compensation for his services as the board or operator determines.	452
The superintendent or administrator and administrative assistant	453
shall each be allowed his actual necessary expenses incurred in	454
the discharge of his official duties. The superintendent or	455
administrator shall perform suchthe duties asthat the board or	456
operator imposes upon him, and shall be governed in all respects	457
by itsthe board's or operator's rules. He shall not be removed by	458
the board except for good and sufficient cause.	459

The board or operator may, by resolution, provide for the	460
appointment by the superintendent or administrator of an assistant	461
superintendent or administrator, who shall perform suchthe duties	462
at the county home as prescribed by suchthe superintendent or	463
administrator. The board or operator shall not appoint one of its	464
own board members superintendent or administrator, nor shall any	465
commissioner or trustee be eligible to any other office in the	466
county home, or receive any compensation as physician or	467
otherwise, directly or indirectly, wherein the appointing power is	468
vested in such boardthe board of county commissioners or board of	469
county hospital trustees, as applicable.	470

Sec. 5155.04.  Before entering upon hisofficial duties, the	471
superintendent or administrator of the county home shall give bond	472
to the state in a sum not to exceed twenty thousand and not less	473
than two thousand dollars, as the board of county commissioners or	474
operator requires, with two or more suretiesa surety acceptable	475
to the board or operator, conditioned for the faithful discharge	476
of the duties of histhat office. SuchThe bond, with the approval	477
of the board or operator and the oath of office of suchthe	478
superintendent or administrator, required by sections 3.22 and	479
3.23 of the Revised Code and by Section 7 of Article XV, Ohio	480
Constitution, indorsed thereonendorsed on it, shall be deposited	481
with the county treasurer and kept in histhe treasurer's office.	482

Sec. 5155.14.  At the request of the superintendent or	483
administrator of the county home, the board of county	484
commissioners or operator shall set apart from the county home	485
fund, a reserve fund not to exceed four hundred dollars at any	486
time, which, upon the order of the board or operator shall be paid	487
to the superintendent or administrator and expended by him as	488
needed for emergency supplies and expenses. The superintendent or	489
administrator shall keep an accurate account of such fundsthe	490
reserve fund, in a book to be provided at the expense of the	491
county for that purpose, and all expenditures therefromfrom it	492
shall be audited by the board or operator. The county home fund	493
shall be reimbursed by the superintendent or administrator, in	494
full, for any items expended by himthe superintendent or	495
administrator from suchthe reserve fund, which items are not	496
allowed by the board or operator. When, and as often as such	497
amount is entirely disbursed, on the order of the board or	498
operator, the county auditor shall pay to the superintendent or	499
administrator the amount so appropriated.	500

Sec. 5155.16. Annually, theThe superintendent or	501
administrator or, if operational control has been transferred to	502
an operator under section 5155.011 of the Revised Code, the	503
operator of the county home shall submit to the board of county	504
commissioners aan annual report giving all statistical	505
information for the year preceding the first day of the month	506
shown by the record of residents of the home required by section	507
5155.07 of the Revised Code. The	508

The report shall show all of the following:

509

(A) The number of residents at the beginning of suchthe	510
year, the number admitted during the year, the number born in the	511
home, and the total number of resident days for the year;	512

(B) The number of residents discharged, the number of deaths,	513
the number removed to other counties, states, and institutions	514
during the year, and the number of residents remaining;	515

(C) The daily average census;

516

(D) The total current expenses for the year, exclusive of	517
farm products;	518

(E) The total value of farm products for the year;

519

(F) The total amount paid in the county for outdoor relief	520
during the year;	521

(G) The amount of salaries paid during the year to the	522
superintendent or administrator and the administrative assistant,	523
and the amount of wages paid other employees;	524

(F) Any other information the board or operator requires.

525

The report shall contain such other information as the board	526
requires and an account of all moneys received by the	527
superintendent or administrator for the sale of farm products, or	528
from any other sources, and paid into the county treasury by him	529
to the credit of the county home fund, such account to be properly	530
itemized, showing dates of receipts, from whom and for what	531
purpose, and dates of payment of such receipts into the county	532
treasury. Such report shall be examined by the board, and if found	533
correct, shall be accepted, and such acceptance entered in the	534
minutes of the proceedings of the board. Such report shall then be	535
filed in the office of the county auditor, and shall be safely	536
preserved by him.	537

Sec. 5155.19. Each month,The board of county commissioners	538
or the operator may require the superintendent or administrator of	539
the county home shallto submit to the board of county	540
commissioners and, if applicable, to the operator a monthly report	541
which shall show. The monthly report may contain any or all of the	542
following:	543

(A) The number of residents at the beginning of each month;

544

(B) The number of residents admitted during the month;

545

(C) The number of residents discharged during the month;

546

(D) The number of deaths during the month;

547

(E) The total current expenses, exclusive of farm products;

548

(F) The total value of farm products;

549

(G) Any other information the board of county commissionersor	550
operator requires.	551

Sec. 5155.27.  The board of county commissioners or operator	552
may contract with one or more competent physicians to furnish	553
medical relief and medicines necessary for the residents of the	554
county home, but no contract shall extend beyond one year. Medical	555
statistics shall be kept by the facility. SuchThose statistics	556
shall show the nature and extent of the services rendered, to whom	557
they were rendered, and the character of the diseases treated. The	558
board or operator may discharge any such physician for proper	559
cause. No medical relief shall be furnished by the county to	560
persons in their own homes, except for persons who are not	561
residents of the state or county for one year, or of a township or	562
city for three months, and except under section 5155.22 of the	563
Revised Code.	564

Sec. 5155.31.  (A) As used in this section, "county nursing	565
home" means a facility that is owned and operated by the county	566
or, if the board of county commissioners has transferred	567
operational authority of the county home to a board of county	568
hospital trustees, is operated by the board of county hospital	569
trustees and that is used for the reception and care of	570
individuals who by reason of illness or physical or mental	571
impairment require skilled nursing care and of individuals who	572
require personal assistance, as "mental impairment," "skilled	573
nursing care," and "personal assistance" are defined in section	574
3721.01 of the Revised Code.	575

(B) Whenever the buildings of a county home or a county	576
nursing home have become unsuitable for habitation, or whenever	577
the population of such a county home or a county nursing home is	578
too small for economical and efficient operation, or for any other	579
reason made of record, the board of county commissioners may close	580
suchthe home or sell it to a third party, and provide for the	581
care of theits residents thereof, and of other persons afterwards	582
determined eligible for county care, by housing them in another	583
county home, or a home licensed under Chapter 3721. of the Revised	584
Code, or in such private homes within the county asthat the board	585
considers proper, and upon such terms as may be agreed upon by the	586
boards of the respective counties.	587

(C) Whenever the board of county commissioners closes a	588
county home or a county nursing home pursuant to division (B) of	589
this section, the board may lease the county home to an	590
individual, partnership, firm, association, or corporation for the	591
establishment of a home licensed under Chapter 3721. of the	592
Revised Code. Any lease granted under this division and any	593
renewals thereofof it shall not be for a longer period than five	594
years. The form of any such lease shall be approved by the	595
prosecuting attorney.	596

(D) Whenever the board of county commissioners determines	597
that a county home or a county nursing home is unsuitable for	598
habitation or its operation is economically unfeasible, the board	599
may sell or lease the home together with all of its contents of	600
personal property used in connection with and incidental to its	601
operation, as a single unit, to an individual, partnership, firm,	602
association, or corporation for the establishment of a home	603
licensed under Chapter 3721. of the Revised Code. Any lease	604
granted under this division and renewals thereof shall not be for	605
a period longer than five years. The form of any such lease shall	606
be approved by the prosecuting attorney. No sale or lease shall be	607
made under this division unless it is authorized by a resolution	608
passed by a majority of the members of the board of county	609
commissioners. No sale shall be made under this division until the	610
board receives an appraisal of the value of the real and personal	611
property to be sold, as determined by one or more competent	612
appraisers. When a sale or lease is authorized, a deed or lease	613
shall be made by the board to the highest responsible bidder after	614
the advertisement, once a week for four consecutive weeks, in a	615
newspaper of general circulation within the county. The board may	616
reject any bids and readvertise until such time as the home and	617
its contents used in connection with and incidental to its	618
operation are sold or leased.	619

This division applies only to a sale or lease executed prior	620
to December 31, 1983."	621

Section 2. That existing sections 140.01, 140.03, 5155.01,	622
5155.02, 5155.03, 5155.04, 5155.14, 5155.16, 5155.19, 5155.27, and	623
5155.31 and sections        Sec. 140.051, 5155.05, 5155.06, 5155.07, 5155.28, .	624
Sec. and 5155.30.  of the Revised Code are hereby repealed.	625

Section 3. (A) Except as provided in division (B) of this	626
section, the amendments to divisions (B), (D), (E), (F), and (J)	627
of section 140.01 of the Revised Code and the repeal and	628
reenactment of section 140.051 of the Revised Code by this act are	629
intended to confirm and validate the amendments to those divisions	630
of section 140.01 of the Revised Code and the enactment of section	631
140.051 of the Revised Code by Am. Sub. S. B. 109 of the 113th	632
General Assembly. This confirmation and validation is advisable to	633
eliminate any legal challenge that has been or may be raised	634
concerning the constitutionality of those amendments and that	635
enactment by Am. Sub. S.B. 109 of the 113th General Assembly on	636
the grounds that they may have violated the following requirements	637
contained in Section 15 of Article II, Ohio Constitution:	638

(1) That no bill shall contain more than one subject, which	639
shall be clearly expressed in its title;	640

(2) That every bill shall be considered by each house on	641
three different days, unless two-thirds of the members elected to	642
the house in which it is pending suspend the requirement.	643

(B) The amendments to division (D) of section 140.01 of the	644
Revised Code by this act, insofar as they re-enact the phrase	645
"director of development," are intended to ratify the amendments	646
made to that division by Am. Sub. S.B. 227 of the 115th General	647
Assembly enacted subsequent to the amendments enacted in that	648
division by Am. Sub. S.B. 109 of the 113th General Assembly.	649