As Reported by the Senate Health, Human Services and Aging Committee

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 239

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

---

A BILL

To amend sections 140.01, 339.06, 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

confirm and validate amendments made to section

8

140.01 and the enactment of section 140.051 of the

9

Revised Code by Am. Sub. S.B. 109 of the 113th

10

General Assembly in order to eliminate any legal

11

challenges that have been or may be raised

12

concerning the constitutionality of these

13

amendments, to modify the conditions under which a

14

board of county hospital trustees may obtain a

15

secured line of credit, to permit transfer of

16

operational authority of a county home to a board

17

of county hospital trustees, and to authorize a

18

board of county commissioners to contract with

19

third parties to manage a county home.

20

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

Section 1. That sections 140.01, 339.06, 5155.01, 5155.02,	21
5155.03, 5155.04, 5155.14, 5155.16, 5155.19, 5155.27, and 5155.31	22
be amended and new section 140.051 and sections 5155.011 and	23
5155.012 of the Revised Code be enacted to read as follows:	24

Sec. 140.01.  As used in this chapterthis chapter:

25

(A) "Hospital agency" means any public hospital agency or any	26
nonprofit hospital agency.	27

(B) "Public hospital agency" means any county, board of	28
county hospital trustees established pursuant to section 339.02 of	29
the Revised Code, county hospital commission established pursuant	30
to section 339.14 of the Revised Code, municipal corporation, new	31
community authority organized under Chapter 349. of the Revised	32
Code, joint township hospital district, state or municipal	33
university or college operating or authorized to operate a	34
hospital facility, or the state, or the state.	35

(C) "Nonprofit hospital agency" means a corporation or	36
association not for profit, no part of the net earnings of which	37
inures or may lawfully inure to the benefit of any private	38
shareholder or individual, that has authority to own or operate a	39
hospital facility or provides or is to provide services to one or	40
more other hospital agencies.	41

(D) "Governing body" means, in the case of a county, the	42
board of county commissioners or other legislative body; in the	43
case of a board of county hospital trustees, the board; in the	44
case of a county hospital commission, the commission; in the case	45
of a municipal corporation, the council or other legislative	46
authority; in the case of a new community authority, its board of	47
trustees; in the case of a joint township hospital district, the	48
joint township district hospital board; in the case of a state or	49
municipal university or college, its board of trustees or board of	50
directors; in the case of a nonprofit hospital agency, the board	51
of trustees or other body having general management of the agency;	52
and, in the case of the state, the director of development or the	53
Ohio higher educational facility commission; and, in the case of	54
the state, the director of development or the Ohio higher	55
educational facility commission.	56

(E) "Hospital facilities" means buildings, structures and	57
other improvements, additions thereto and extensions thereof,	58
furnishings, equipment, and real estate and interests in real	59
estate, used or to be used for or in connection with one or more	60
one or more hospitals, emergency, intensive, intermediate,	61
extended, long-term, or self-care facilities, diagnostic and	62
treatment and out-patient facilities, facilities related to	63
programs for home health services, clinics, laboratories, public	64
health centers, research facilities, and rehabilitation	65
facilities, for or pertaining to diagnosis, treatment, care, or	66
rehabilitation of sick, ill, injured, infirm, impaired, disabled,	67
or handicapped persons, or the prevention, detection, and control	68
of disease, and also includes education, training, and food	69
service facilities for health professions personnel, housing	70
facilities for such personnel and their families, and parking and	71
service facilities in connection with any of the foregoing; and	72
includes any one, part of, or any combination of the foregoing;	73
and further includes site improvements, utilities, machinery,	74
facilities, furnishings, and any separate or connected buildings,	75
structures, improvements, sites, utilities, facilities, or	76
equipment to be used in, or in connection with the operation or	77
maintenance of, or supplementing or otherwise related to the	78
services or facilities to be provided by, any one or more of such	79
hospital facilities.	80

(F) "Costs of hospital facilities" means the costs of	81
acquiring or constructing hospital facilities,or interests in	82
hospital facilities, including membership interests in nonprofit	83
hospital agencies, costs of constructing hospital facilities,	84
costs of improving one or moreone or more hospital facilities,	85
including reconstructing, rehabilitating, remodeling, renovating,	86
and enlarging, costs of equipping and furnishing such facilities,	87
and all financing costs pertaining thereto, including, without	88
limitation thereto, costs of engineering, architectural, and other	89
professional services, designs, plans, specifications and surveys,	90
and estimates of cost, costs of tests and inspections, the costs	91
of any indemnity or surety bonds and premiums on insurance, all	92
related direct or allocable administrative expenses pertaining	93
thereto, fees and expenses of trustees, depositories, and paying	94
agents for the obligations, cost of issuance of the obligations	95
and financing charges and fees and expenses of financial advisors,	96
attorneys, accountants, consultants and rating services in	97
connection therewith, capitalized interest on the obligations,	98
amounts necessary to establish reserves as required by the bond	99
proceedings, the reimbursement of all moneys advanced or applied	100
by the hospital agency or others or borrowed from others for the	101
payment of any item or items of costs of such facilities, and all	102
other expenses necessary or incident to planning or determining	103
feasibility or practicability with respect to such facilities, and	104
such other expenses as may be necessary or incident to the	105
acquisition, construction, reconstruction, rehabilitation,	106
remodeling, renovation, enlargement, improvement, equipment, and	107
furnishing of such facilities, the financing thereof, and the	108
placing of the same in use and operation, including any one, part	109
of, or combination of such classes of costs and expenses, and	110
means the costs of refinancing obligations issued by, or	111
reimbursement of money advanced by, nonprofit hospital agencies or	112
others the proceeds of which were used for the payment of costs of	113
hospital facilities, if the governing body of the public hospital	114
agency determines that the refinancing or reimbursement advances	115
the purposes of this chapter, whether or not the refinancing or	116
reimbursement is in conjunction with the acquisition or	117
construction of additional hospital facilities, and means the	118
costs of refinancing obligations issued by, or reimbursement of	119
money advanced by, nonprofit hospital agencies or others the	120
proceeds of which were used for the payment of costs of hospital	121
facilities, if the governing body of the public hospital agency	122
determines that the refinancing or reimbursement advances the	123
purposes of this chapter, whether or not the refinancing or	124
reimbursement is in conjunction with the acquisition or	125
construction of additional hospital facilities.	126

(G) "Hospital receipts" means all moneys received by or on	127
behalf of a hospital agency from or in connection with the	128
ownership, operation, acquisition, construction, improvement,	129
equipping, or financing of any hospital facilities, including,	130
without limitation thereto, any rentals and other moneys received	131
from the lease, sale, or other disposition of hospital facilities,	132
and any gifts, grants, interest subsidies, or other moneys	133
received under any federal program for assistance in financing the	134
costs of hospital facilities, and any other gifts, grants, and	135
donations, and receipts therefrom, available for financing the	136
costs of hospital facilities.	137

(H) "Obligations" means bonds, notes, or other evidences of	138
indebtedness or obligation, including interest coupons pertaining	139
thereto, issued or issuable by a public hospital agency to pay	140
costs of hospital facilities.	141

(I) "Bond service charges" means principal, interest, and	142
call premium, if any, required to be paid on obligations.	143

(J) "Bond proceedings" means one or more ordinances,	144
resolutions, trust agreements, indentures, and other agreements or	145
documents, and amendments and supplements to the foregoing, or any	146
combination thereof, authorizing or providing for the terms,	147
including any variable interest rates,, including any variable	148
interest rates, and conditions applicable to, or providing for the	149
security of, obligations and the provisions contained in such	150
obligations.	151

(K) "Nursing home" has the same meaning as in division (A)(1)	152
of section 5701.13 of the Revised Code.	153

(L) "Residential care facility" has the same meaning as in	154
division (A)(2) of section 5701.13 of the Revised Code.	155

(M) "Adult care facility" has the same meaning as in division	156
(A)(3) of section 5701.13 of the Revised Code.	157

(N) "Independent living facility" means any self-care	158
facility or other housing facility designed or used as a residence	159
for elderly persons. An "independent living facility" does not	160
include a residential facility, or that part of a residential	161
facility, that is any of the following:	162

(1) A hospital required to be certified by section 3727.02 of	163
the Revised Code;	164

(2) A nursing home or residential care facility;

165

(3) An adult care facility;

166

(4) A hospice licensed under section 3712.04 of the Revised	167
Code;	168

(5) A habilitation center as defined in section 5123.041 of	169
the Revised Code;	170

(6) A residential facility for the mentally ill licensed by	171
the department of mental health under section 5119.22 of the	172
Revised Code;	173

(7) A facility licensed to provide methadone treatment under	174
section 3793.11 of the Revised Code;	175

(8) A facility certified as an alcohol and drug addiction	176
program under section 3793.06 of the Revised Code;	177

(9) A residential facility licensed under section 5123.19 of	178
the Revised Code or a facility providing services under a contract	179
with the department of mental retardation and developmental	180
disabilities under section 5123.18 of the Revised Code;	181

(10) A residential facility used as part of a hospital to	182
provide housing for staff of the hospital or students pursuing a	183
course of study at the hospital.	184

Sec. 140.051.  If the costs of the hospital facilities are to	185
be paid with funds derived from revenue obligations issued	186
pursuant to section 140.06 of the Revised Code and with other	187
funds derived from the nonprofit hospital agency, a public	188
hospital agency, pursuant to negotiation and in the manner	189
determined in its sole discretion by the governing body of the	190
public hospital agency, may enter into a contract for the	191
acquisition, construction, improvement, equipment, or furnishing	192
of a hospital facility that is to be leased pursuant to section	193
140.05 of the Revised Code by a public hospital agency to a	194
nonprofit hospital agency. Any requirement of competitive bidding,	195
other restriction, or other procedures that are imposed on a	196
public hospital agency with respect to contracts is not applicable	197
to any contract entered into pursuant to this section.	198

A hospital facility is not exempt from applicable zoning,	199
planning, and building regulations by reason of being financed	200
from the proceeds of obligations issued pursuant to this chapter.	201

Sec. 339.06.  (A) The board of county hospital trustees, upon	202
completion of construction or leasing and equipping of a county	203
hospital, shall assume and continue the operation of the hospital.	204
The board shall have the entire management and control of the	205
hospital, and shall establish such rules for its government and	206
the admission of persons as are expedient.	207

The board has control of the property of the hospital,	208
including management and disposal of surplus property other than	209
real estate or an interest in real estate, and has control of all	210
funds used in the hospital's operation, including moneys received	211
from the operation of the hospital, moneys appropriated for its	212
operation by the board of county commissioners, and moneys	213
resulting from special levies submitted by the board of county	214
commissioners as provided for in section 5705.22 of the Revised	215
Code. All or part of the moneys determined not to be necessary to	216
meet current demands on the hospital may be invested by the board	217
of hospital trustees or its designee in any classifications of	218
securities and obligations eligible for deposit or investment of	219
county moneys pursuant to section 135.35 of the Revised Code,	220
subject to the approval of the board's written investment policy	221
by the county investment advisory committee established pursuant	222
to section 135.341 of the Revised Code.	223

(B) Annually by the first day of November, the board of	224
county hospital trustees shall submit its proposed budget for the	225
ensuing fiscal year to the board of county commissioners for	226
approval, and the board of county commissioners shall approve a	227
budget for the county hospital by the first day of December. If	228
the taxes collected pursuant to any tax levied under section	229
5705.22 of the Revised Code or the amount appropriated to the	230
county hospital by the commissioners in the annual appropriation	231
measure for the county for the ensuing fiscal year differ from the	232
amount shown in the approved budget, the board of county	233
commissioners may require the board of county hospital trustees to	234
revise the hospital budget accordingly. The board of trustees	235
shall not expend such funds until its budget for that calendar	236
year is submitted to and approved by the board of county	237
commissioners. Thereafter such funds may be disbursed by the board	238
of county hospital trustees, consistent with the approved budget,	239
for the uses and purposes of such hospital; for the replacement of	240
necessary equipment; for the acquisition, leasing, or construction	241
of permanent improvements to county hospital property; or for	242
making a donation authorized by division (C) of this section. Each	243
disbursement of funds shall be made on a voucher signed by	244
signatories designated and approved by the board of county	245
hospital trustees.	246

The head of a board of county hospital trustees is not	247
required to file an estimate of contemplated revenue and	248
expenditures for the ensuing fiscal year under section 5705.28 of	249
the Revised Code unless the board of county commissioners levies a	250
tax for the county hospital, or such a tax is proposed, or the	251
board of county hospital trustees desires that the board of county	252
commissioners make an appropriation to the county hospital for the	253
ensuing fiscal year.	254

All moneys appropriated by the board of county commissioners	255
or from special levies by the board of county commissioners for	256
the operation of the hospital, when collected shall be paid to the	257
board of county hospital trustees on a warrant of the county	258
auditor and approved by the board of county commissioners. The	259
board of hospital trustees shall file an annual report of revenues	260
and expenditures for the fiscal year with the board of county	261
commissioners within ninety days after the fiscal year's end.	262

(C) For the public purpose of improving the health, safety,	263
and general welfare of the community, the board of hospital	264
trustees may donate to a nonprofit entity any of the following:	265

(1) Moneys and other financial assets determined not to be	266
necessary to meet current demands on the hospital;	267

(2) Surplus hospital property, including supplies, equipment,	268
office facilities, and other property that is not real estate or	269
an interest in real estate;	270

(3) Services rendered by the hospital.

271

(D)(1) For purposes of this division:

272

(a) "Bank" has the same meaning as in section 1101.01 of the	273
Revised Code.	274

(b) "Savings and loan association" has the same meaning as in	275
section 1151.01 of the Revised Code.	276

(c) "Savings bank" has the same meaning as in section 1161.01	277
of the Revised Code.	278

(2) The board of county hospital trustees may enter into a	279
contract for a secured line of credit with a bank, savings and	280
loan association, or savings bank if the contract meets all of the	281
following requirements:	282

(a) The term of the contract does not exceed one hundred	283
eighty days.	284

(b) The board's secured line of credit does not exceed five	285
hundred thousand dollars.	286

(c) The contract provides that any amount extended must be	287
repaid in full before any additional credit can be extended.	288

(d)The term of the contract does not exceed one year, except	289
that the contract may provide for the automatic renewal of the	290
contract for up to four additional one-year periods if, on the	291
date of automatic renewal, the aggregate outstanding draws	292
remaining unpaid under the secured line of credit do not exceed	293
fifty per cent of the maximum amount that can be drawn under the	294
secured line of credit.	295

(b) The contract provides that the bank, savings and loan	296
association, or savings bank shall not commence a civil action	297
against the board of county commissioners, any member of the	298
board, or the county to recover the principal, interest, or any	299
charges or other amounts that remain outstanding on the secured	300
line of credit at the time of any default by the board of county	301
hospital trustees.	302

(e)(c) The contract provides that no assets other than those	303
of the hospital can be used to secure the line of credit.	304

(f)(d) The terms and conditions of the contract comply with	305
all state and federal statutes and rules governing the extension	306
of a secured line of credit.	307

(3) Any obligation incurred by a board of county hospital	308
trustees under this division is an obligation of that board only	309
and not a general obligation of the board of county commissioners	310
or the county within the meaning of division (Q) of section 133.01	311
of the Revised Code.	312

(4) Notwithstanding anything to the contrary in the Revised	313
Code, the board of county hospital trustees may secure the line of	314
credit authorized under this section by the grant of a security	315
interest in any part or all of its tangible personal property and	316
intangible personal property, including its deposit accounts,	317
accounts receivable, or both.	318

(5) No board of county hospital trustees shall at any time	319
have more than one secured line of credit under this section.	320

(E) The board shall establish a schedule of charges for all	321
services and treatment rendered by the county hospital. It may	322
provide for the free treatment in such hospital of soldiers,	323
sailors, and marines of the county, under such conditions and	324
rules as it prescribes.	325

(F) The board may designate the amounts and forms of	326
insurance protection to be provided, and the board of county	327
commissioners shall assist in obtaining such protection. The	328
expense of providing the protection shall be paid from hospital	329
operating funds.	330

(G) The board of county hospital trustees may authorize a	331
county hospital and each of its units, hospital board members,	332
designated hospital employees, and medical staff members to be a	333
member of and maintain membership in any local, state, or national	334
group or association organized and operated for the promotion of	335
the public health and welfare or advancement of the efficiency of	336
hospital administration and in connection therewith to use tax	337
funds for the payment of dues and fees and related expenses but	338
nothing in this section prohibits the board from using receipts	339
from hospital operation, other than tax funds, for the payment of	340
such dues and fees.	341

(H) The following apply to the board of county hospital	342
trustees, its employees, and the employees of the county hospital:	343

(1) The board shall adopt the wage and salary schedule for	344
employees.	345

(2) The board may employ the hospital's administrator	346
pursuant to section 339.07 of the Revised Code, and the	347
administrator may employ individuals for the hospital in	348
accordance with that section.	349

(3) The board may employ assistants as necessary to perform	350
its clerical work, superintend properly the construction of the	351
county hospital, and pay the hospital's expenses. Such employees	352
may be paid from funds provided for the county hospital.	353

(4) The board may hire, by contract or as salaried employees,	354
such management consultants, accountants, attorneys, engineers,	355
architects, construction managers, and other professional advisors	356
as it determines are necessary and desirable to assist in the	357
management of the programs and operation of the county hospital.	358
Such professional advisors may be paid from county hospital	359
operating funds.	360

(5) Notwithstanding section 325.19 of the Revised Code, the	361
board of county hospital trustees may grant to employees any	362
fringe benefits the board determines to be customary and usual in	363
the nonprofit hospital field in its community, including, but not	364
limited to:	365

(a) Additional vacation leave with full pay for full-time	366
employees, including full-time hourly rate employees, after	367
service of one year;	368

(b) Vacation leave and holiday pay for part-time employees on	369
a pro rata basis;	370

(c) Leave with full pay due to death in the employee's	371
immediate family, which shall not be deducted from the employee's	372
accumulated sick leave;	373

(d) Premium pay for working on holidays listed in section	374
325.19 of the Revised Code;	375

(e) Moving expenses for new employees;

376

(f) Discounts on hospital supplies and services.

377

(6) The board may provide holiday leave by observing Martin	378
Luther King day, Washington-Lincoln day, Columbus day, and	379
Veterans' day on days other than those specified in section 1.14	380
of the Revised Code.	381

(7) The board may grant to employees the insurance benefits	382
authorized by section 339.16 of the Revised Code.	383

(8) Notwithstanding section 325.19 of the Revised Code, the	384
board may grant to employees, including hourly rate employees,	385
such personal holidays as the board determines to be customary and	386
usual in the hospital field in its community.	387

(9) The board of county hospital trustees may provide	388
employee recognition awards and hold employee recognition dinners.	389

(10) The board may grant to employees the recruitment and	390
retention benefits specified under division (I) of this section.	391

(I) Notwithstanding sections 325.191 and 325.20 of the	392
Revised Code, the board of county hospital trustees may provide,	393
without the prior authorization of the board of county	394
commissioners, scholarships for education in the health care	395
professions, tuition reimbursement, and other staff development	396
programs to enhance the skills of health care professionals for	397
the purpose of recruiting or retaining qualified employees.	398

The board of county hospital trustees may pay reasonable	399
expenses for recruiting or retaining physicians and other	400
appropriate health care practitioners.	401

Sec. 5155.01.  The board of county commissioners shall make	402
all contracts for new buildings and for additions to existing	403
buildings necessary for the county home, and shall prescribe rules	404
for the management and good government of suchthe home and to	405
promote sobriety, morality, and industry among residents. The	406
superintendent or administrator of the county home shall be	407
responsible for maintaining buildings in good repair.	408

In all cases in which both the husband and wife have been	409
admitted to such county home such couple, unless otherwise	410
requested by either of them, shall not be separated, and shall be	411
given quarters in the same part of such facility.	412

The superintendent or administrator may employ an	413
administrative assistant and such additional necessary personnel,	414
at rates of wages to be fixed by the board of county	415
commissioners, as may not be found available on the part of the	416
residents of the facility. The superintendent or administrator and	417
administrative assistant shall be removed if either of them	418
requires or permits residents or employees to render services for	419
the private interests of the superintendent or administrator, the	420
administrative assistant, orany member of the board of county	421
commissioners, or any private interest, or any member of the board	422
of county hospital trustees if that board has entered into an	423
agreement or otherwise has operational control as provided in	424
section 5155.011 of the Revised Code.	425

Sec. 5155.011. (A) As used in this chapter, "operator" means	426
a board of county hospital trustees acting under an agreement, or	427
pursuant to a resolution adopted by the board of county	428
commissioners, as provided in this section.	429

(B) The board of county commissioners may transfer	430
operational control of the county home to the board of county	431
hospital trustees of a county hospital located in the county by	432
either of the following means:	433

(1) By adopting a resolution to transfer all operational	434
control of the home to the board of county hospital trustees of	435
that county hospital. The board of county hospital trustees also	436
must adopt a resolution to accept the transfer of operational	437
control. In transferring operational control, the board of county	438
commissioners cannot and does not transfer ownership of any real	439
or personal property of the county to the board of county hospital	440
trustees.	441

(2) By entering into an agreement with the board of county	442
hospital trustees of that county hospital to authorize the board	443
of county hospital trustees to manage and operate the home on	444
behalf of the board of county commissioners. Except as otherwise	445
provided in the agreement, the operator shall carry out the duties	446
of an operator authorized in this chapter in the same manner as	447
otherwise would be required of the board of county commissioners.	448
The agreement may specify duties set forth in this chapter that	449
will be retained by the board of county commissioners instead of	450
being carried out by the operator on behalf of the board. The	451
board of county commissioners shall retain ownership of the county	452
home under the agreement.	453

Sec. 5155.012. A board of county commissioners may enter into	454
a contract to aid it in the execution of its powers and duties for	455
the management and good government of the county home.	456

Sec. 5155.02.  The clerk of the board of county	457
commissioners, or, if there is no clerk of the board, the county	458
auditor, shall keep a record of the board's transactions	459
respecting the county home, and this record shall be kept in the	460
manner provided by sections 305.10 and 305.11 of the Revised Code.	461
The board of county commissioners may determine that the clerk,	462
or, if there is no clerk of the board, the county auditor, shall	463
keep a separate record of the board's transactions respecting the	464
county home. If a separate record is kept, it shall be kept in the	465
manner provided by sections 305.10 and 305.11 of the Revised Code.	466
Either record shall at all reasonable times be open to public	467
inspection.	468

The operator shall keep a record of its transactions	469
regarding the county home in the manner provided in sections	470
305.10 and 305.11 of the Revised Code. The record shall be open to	471
public inspection at all reasonable times.	472

Sec. 5155.03.  The board of county commissioners or operator	473
shall appoint a superintendent, whom theywho may authorizebe	474
authorized to use the title, "administrator," who may reside on	475
the premises of the county home or other building contiguous	476
theretoto the county home, and who shall receive suchthe	477
compensation for his services as the board or operator determines.	478
The superintendent or administrator and administrative assistant	479
shall each be allowed his actual necessary expenses incurred in	480
the discharge of his official duties. The superintendent or	481
administrator shall perform suchthe duties asthat the board or	482
operator imposes upon him, and shall be governed in all respects	483
by itsthe board's or operator's rules. He shall not be removed by	484
the board except for good and sufficient cause.	485

The board or operator may, by resolution, provide for the	486
appointment by the superintendent or administrator of an assistant	487
superintendent or administrator, who shall perform suchthe duties	488
at the county home as prescribed by suchthe superintendent or	489
administrator. The board or operator shall not appoint one of its	490
own board members superintendent or administrator, nor shall any	491
commissioner or trustee be eligible to any other office in the	492
county home, or receive any compensation as physician or	493
otherwise, directly or indirectly, wherein the appointing power is	494
vested in such boardthe board of county commissioners or board of	495
county hospital trustees, as applicable.	496

Sec. 5155.04.  Before entering upon hisofficial duties, the	497
superintendent or administrator of the county home shall give bond	498
to the state in a sum not to exceed twenty thousand and not less	499
than two thousand dollars, as the board of county commissioners or	500
operator requires, with two or more suretiesa surety acceptable	501
to the board or operator, conditioned for the faithful discharge	502
of the duties of histhat office. SuchThe bond, with the approval	503
of the board or operator and the oath of office of suchthe	504
superintendent or administrator, required by sections 3.22 and	505
3.23 of the Revised Code and by Section 7 of Article XV, Ohio	506
Constitution, indorsed thereonendorsed on it, shall be deposited	507
with the county treasurer and kept in histhe treasurer's office.	508

Sec. 5155.14.  At the request of the superintendent or	509
administrator of the county home, the board of county	510
commissioners or operator shall set apart from the county home	511
fund, a reserve fund not to exceed four hundred dollars at any	512
time, which, upon the order of the board or operator shall be paid	513
to the superintendent or administrator and expended by him as	514
needed for emergency supplies and expenses. The superintendent or	515
administrator shall keep an accurate account of such fundsthe	516
reserve fund, in a book to be provided at the expense of the	517
county for that purpose, and all expenditures therefromfrom it	518
shall be audited by the board or operator. The county home fund	519
shall be reimbursed by the superintendent or administrator, in	520
full, for any items expended by himthe superintendent or	521
administrator from suchthe reserve fund, which items are not	522
allowed by the board or operator. When, and as often as such	523
amount is entirely disbursed, on the order of the board or	524
operator, the county auditor shall pay to the superintendent or	525
administrator the amount so appropriated.	526

Sec. 5155.16. Annually, theThe superintendent or	527
administrator or, if operational control has been transferred to	528
an operator under section 5155.011 of the Revised Code, the	529
operator of the county home shall submit to the board of county	530
commissioners aan annual report giving all statistical	531
information for the year preceding the first day of the month	532
shown by the record of residents of the home required by section	533
5155.07 of the Revised Code. The	534

The report shall show all of the following:

535

(A) The number of residents at the beginning of suchthe	536
year, the number admitted during the year, the number born in the	537
home, and the total number of resident days for the year;	538

(B) The number of residents discharged, the number of deaths,	539
the number removed to other counties, states, and institutions	540
during the year, and the number of residents remaining;	541

(C) The daily average census;

542

(D) The total current expenses for the year, exclusive of	543
farm products;	544

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

545

(F) The total amount paid in the county for outdoor relief	546
during the year;	547

(G) The amount of salaries paid during the year to the	548
superintendent or administrator and the administrative assistant,	549
and the amount of wages paid other employees;	550

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

551

The report shall contain such other information as the board	552
requires and an account of all moneys received by the	553
superintendent or administrator for the sale of farm products, or	554
from any other sources, and paid into the county treasury by him	555
to the credit of the county home fund, such account to be properly	556
itemized, showing dates of receipts, from whom and for what	557
purpose, and dates of payment of such receipts into the county	558
treasury. Such report shall be examined by the board, and if found	559
correct, shall be accepted, and such acceptance entered in the	560
minutes of the proceedings of the board. Such report shall then be	561
filed in the office of the county auditor, and shall be safely	562
preserved by him.	563

Sec. 5155.19. Each month,The board of county commissioners	564
or the operator may require the superintendent or administrator of	565
the county home shallto submit to the board of county	566
commissioners and, if applicable, to the operator a monthly report	567
which shall show. The monthly report may contain any or all of the	568
following:	569

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

570

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

571

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

572

(D) The number of deaths during the month;

573

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

574

(F) The total value of farm products;

575

(G) Any other information the board of county commissionersor	576
operator requires.	577

Sec. 5155.27.  The board of county commissioners or operator	578
may contract with one or more competent physicians to furnish	579
medical relief and medicines necessary for the residents of the	580
county home, but no contract shall extend beyond one year. Medical	581
statistics shall be kept by the facility. SuchThose statistics	582
shall show the nature and extent of the services rendered, to whom	583
they were rendered, and the character of the diseases treated. The	584
board or operator may discharge any such physician for proper	585
cause. No medical relief shall be furnished by the county to	586
persons in their own homes, except for persons who are not	587
residents of the state or county for one year, or of a township or	588
city for three months, and except under section 5155.22 of the	589
Revised Code.	590

Sec. 5155.31.  (A) As used in this section, "county nursing	591
home" means a facility that is owned and operated by the county	592
or, if the board of county commissioners has transferred	593
operational authority of the county home to a board of county	594
hospital trustees, is operated by the board of county hospital	595
trustees and that is used for the reception and care of	596
individuals who by reason of illness or physical or mental	597
impairment require skilled nursing care and of individuals who	598
require personal assistance, as "mental impairment," "skilled	599
nursing care," and "personal assistance" are defined in section	600
3721.01 of the Revised Code.	601

(B) Whenever the buildings of a county home or a county	602
nursing home have become unsuitable for habitation, or whenever	603
the population of such a county home or a county nursing home is	604
too small for economical and efficient operation, or for any other	605
reason made of record, the board of county commissioners may close	606
suchthe home or sell it to a third party, and provide for the	607
care of theits residents thereof, and of other persons afterwards	608
determined eligible for county care, by housing them in another	609
county home, or a home licensed under Chapter 3721. of the Revised	610
Code, or in such private homes within the county asthat the board	611
considers proper, and upon such terms as may be agreed upon by the	612
boards of the respective counties.	613

(C) Whenever the board of county commissioners closes a	614
county home or a county nursing home pursuant to division (B) of	615
this section, the board may lease the county home to an	616
individual, partnership, firm, association, or corporation for the	617
establishment of a home licensed under Chapter 3721. of the	618
Revised Code. Any lease granted under this division and any	619
renewals thereofof it shall not be for a longer period than five	620
years. The form of any such lease shall be approved by the	621
prosecuting attorney.	622

(D) Whenever the board of county commissioners determines	623
that a county home or a county nursing home is unsuitable for	624
habitation or its operation is economically unfeasible, the board	625
may sell or lease the home together with all of its contents of	626
personal property used in connection with and incidental to its	627
operation, as a single unit, to an individual, partnership, firm,	628
association, or corporation for the establishment of a home	629
licensed under Chapter 3721. of the Revised Code. Any lease	630
granted under this division and renewals thereof shall not be for	631
a period longer than five years. The form of any such lease shall	632
be approved by the prosecuting attorney. No sale or lease shall be	633
made under this division unless it is authorized by a resolution	634
passed by a majority of the members of the board of county	635
commissioners. No sale shall be made under this division until the	636
board receives an appraisal of the value of the real and personal	637
property to be sold, as determined by one or more competent	638
appraisers. When a sale or lease is authorized, a deed or lease	639
shall be made by the board to the highest responsible bidder after	640
the advertisement, once a week for four consecutive weeks, in a	641
newspaper of general circulation within the county. The board may	642
reject any bids and readvertise until such time as the home and	643
its contents used in connection with and incidental to its	644
operation are sold or leased.	645

This division applies only to a sale or lease executed prior	646
to December 31, 1983.	647

Section 2. That existing sections 140.01, 339.06, 5155.01,	648
5155.02, 5155.03, 5155.04, 5155.14, 5155.16, 5155.19, 5155.27, and	649
5155.31 and sections        Sec. 140.051, 5155.05, 5155.06, 5155.07, 5155.28, .	650
Sec. and 5155.30.  of the Revised Code are hereby repealed.	651

Section 3. (A) Except as provided in division (B) of this	652
section, the amendments to divisions (B), (D), (E), (F), and (J)	653
of section 140.01 of the Revised Code and the repeal and	654
reenactment of section 140.051 of the Revised Code by this act are	655
intended to confirm and validate the amendments to those divisions	656
of section 140.01 of the Revised Code and the enactment of section	657
140.051 of the Revised Code by Am. Sub. S. B. 109 of the 113th	658
General Assembly. This confirmation and validation is advisable to	659
eliminate any legal challenge that has been or may be raised	660
concerning the constitutionality of those amendments and that	661
enactment by Am. Sub. S.B. 109 of the 113th General Assembly on	662
the grounds that they may have violated the following requirements	663
contained in Section 15 of Article II, Ohio Constitution:	664

(1) That no bill shall contain more than one subject, which	665
shall be clearly expressed in its title;	666

(2) That every bill shall be considered by each house on	667
three different days, unless two-thirds of the members elected to	668
the house in which it is pending suspend the requirement.	669

(B) The amendments to division (D) of section 140.01 of the	670
Revised Code by this act, insofar as they re-enact the phrase	671
"director of development," are intended to ratify the amendments	672
made to that division by Am. Sub. S.B. 227 of the 115th General	673
Assembly enacted subsequent to the amendments enacted in that	674
division by Am. Sub. S.B. 109 of the 113th General Assembly.	675