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As Reported by House Finance and Appropriations Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 403 |
REPRESENTATIVES TIBERI-VAN VYVEN-NETZLEY-GOODMAN-MOTTLEY-
OGG-DePIERO-OLMAN-TAYLOR-JONES-BUEHRER-EVANS-KRUPINSKI-
FLANNERY-BRITTON-ROBERTS-R. MILLER-D. MILLER-BOYD-
JONES-CORBIN-EVANS-STAPLETON-BARRETT
A BILL
To amend sections 5111.20 and 5111.62 and to enact sections
173.45 to 173.59 and 3721.026 of the Revised Code to require the publication
of the Ohio Long-Term Care Consumer Guide, to create a
nursing facility technical assistance program, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5111.20 and 5111.62 be amended and
sections 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51,
173.52, 173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, and 3721.026
of the Revised Code be enacted to read as follows:
Sec. 173.45. AS USED IN SECTIONS 173.45 TO
173.59 OF THE REVISED CODE:
(A) "CLINICAL QUALITY INDICATOR" MEANS A MEASURE OF AN ASPECT OF
THE PHYSICAL OR MENTAL CONDITIONS OF THE RESIDENTS OF A NURSING FACILITY THAT
IS DERIVED
FROM DATA TAKEN FROM RESIDENT ASSESSMENT INSTRUMENTS SUBMITTED BY
NURSING FACILITIES FOR PURPOSES OF THE MEDICARE AND MEDICAID
PROGRAMS.
(B) "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01 OF THE
REVISED CODE.
(C) "MEDICARE" MEANS THE PROGRAM OPERATED PURSUANT TO
TITLE
XVIII OF THE "SOCIAL SECURITY ACT," 49
STAT. 620 (1935), 42
U.S.C.A. 301, AS AMENDED.
(D) "NURSING FACILITY" MEANS EITHER OF THE FOLLOWING:
(1) A FACILITY, OR A DISTINCT PART OF A
FACILITY, THAT IS CERTIFIED AS A
NURSING FACILITY OR A SKILLED NURSING FACILITY FOR PURPOSES OF THE MEDICARE OR
MEDICAID PROGRAM;
(2) A NURSING HOME LICENSED UNDER SECTION 3721.02 OF
THE REVISED CODE THAT IS NOT CERTIFIED AS A NURSING FACILITY
OR SKILLED NURSING FACILITY.
(E) "DEFICIENCY," "IMMEDIATE JEOPARDY," "STANDARD SURVEY," AND
"SUBSTANDARD CARE" HAVE THE SAME MEANINGS AS
IN SECTION 5111.35 OF THE
REVISED CODE.
(F) "SURVEY DATA TAG" MEANS ANY OF THE DATA TAGS USED IN THE
MEDICARE AND MEDICAID PROGRAMS FOR IDENTIFICATION OF SPECIFIC REGULATORY
REQUIREMENTS.
Sec. 173.46. THE DEPARTMENT OF AGING SHALL DEVELOP AND PUBLISH
A GUIDE TO NURSING FACILITIES IN THIS STATE FOR USE BY INDIVIDUALS
CONSIDERING NURSING FACILITY PLACEMENT AND THEIR FAMILIES, FRIENDS,
AND ADVISORS. THE GUIDE SHALL BE TITLED THE OHIO LONG-TERM CARE
CONSUMER GUIDE.
THE CONSUMER GUIDE SHALL BE PUBLISHED IN COMPUTERIZED FORM
FOR DISTRIBUTION OVER THE INTERNET. THE GUIDE
SHALL BE MADE AVAILABLE NOT LATER THAN FOURTEEN MONTHS AFTER THE EFFECTIVE
DATE
OF THIS SECTION AND SHALL BE UPDATED IN ACCORDANCE WITH SECTION 173.52
of the Revised Code.
EVERY TWO YEARS, THE DEPARTMENT SHALL PUBLISH AN EXECUTIVE
SUMMARY OF THE CONSUMER GUIDE, AND SHALL MAKE THE EXECUTIVE SUMMARY
AVAILABLE IN BOTH COMPUTERIZED AND PRINTED FORMS.
Sec. 173.47. THE DEPARTMENT OF AGING MAY CONTRACT WITH ANY
PERSON OR GOVERNMENT ENTITY TO PERFORM ANY FUNCTION RELATED TO THE
PUBLICATION OF THE OHIO LONG-TERM CARE CONSUMER GUIDE
OR THE COLLECTION AND
PREPARATION OF
DATA AND OTHER MATERIAL FOR THE GUIDE, EXCEPT THAT THE DEPARTMENT SHALL
CONTRACT TO HAVE
THE CUSTOMER SATISFACTION SURVEYS CONDUCTED UNDER SECTION 173.54 OF
THE REVISED CODE. IN AWARDING THE CONTRACT TO HAVE THE
SURVEYS CONDUCTED, THE DEPARTMENT SHALL CONTRACT WITH A PERSON OR GOVERNMENT
ENTITY THAT HAS EXPERIENCE IN SURVEYING THE CUSTOMER SATISFACTION OF NURSING
FACILITY RESIDENTS AND THEIR FAMILIES. THE DEPARTMENT'S CONTRACT
SHALL PERMIT THE PERSON OR GOVERNMENT ENTITY TO SUBCONTRACT WITH OTHER PERSONS
OR GOVERNMENT ENTITIES FOR PURPOSES OF CONDUCTING ALL OR PART OF THE SURVEYS.
Sec. 173.48. IN DEVELOPING AND PUBLISHING THE OHIO LONG-TERM CARE
CONSUMER GUIDE, THE DEPARTMENT OF AGING SHALL ADHERE TO THE
FOLLOWING PRINCIPLES:
(A) THE GUIDE SHOULD BE DESIGNED TO PROVIDE USERS WITH A VARIETY
OF MEASURES OF NURSING FACILITY QUALITY AND WITH OTHER INFORMATION USEFUL IN
COMPARING AND
SELECTING NURSING FACILITIES.
(B) THE GUIDE SHOULD PRESENT THE INFORMATION SPECIFIED IN
DIVISION (A) OF THIS SECTION IN A MANNER THAT IS EASY TO USE AND
UNDERSTAND.
(C) THE GUIDE SHOULD ALLOW USERS TO DETERMINE WHICH MEASURES ARE
MOST IMPORTANT TO THEM BUT SHALL NOT ESTABLISH A RANKING OR GRADING SYSTEM.
(D) THE INFORMATION IN THE GUIDE SHOULD BE KEPT AS CURRENT AS
PRACTICABLE.
(E) THE GUIDE SHOULD BE DESIGNED TO PROMOTE EXCELLENCE IN NURSING
FACILITY QUALITY.
(F) THE GUIDE SHOULD PROMOTE AWARENESS OF THE RANGE OF LONG-TERM
CARE SERVICES AVAILABLE TO OHIOANS.
Sec. 173.49. WITH REGARD TO THE ACCESSIBILITY OF THE OHIO
LONG-TERM CARE CONSUMER GUIDE AND THE EXECUTIVE SUMMARY OF THE GUIDE, THE
FOLLOWING SHALL APPLY:
(A) THE DEPARTMENT OF AGING SHALL MAKE THE GUIDE AND SUMMARY
AVAILABLE TO
ANY PERSON OR GOVERNMENT ENTITY AND SHALL NOT RESTRICT ACCESS BY REQUIRING
PAYMENT OF A FEE, USE OF A PASSWORD, OR FULFILLMENT OF ANY OTHER CONDITION.
(B) THE DEPARTMENT OF AGING SHALL
DEVELOP AND IMPLEMENT PROGRAMS AND OTHER STRATEGIES TO ENCOURAGE USE OF THE
GUIDE BY INDIVIDUALS
CONSIDERING NURSING FACILITY PLACEMENT AND THEIR FAMILIES, FRIENDS, AND
ADVISORS.
Sec. 173.50. THE OHIO LONG-TERM CARE CONSUMER GUIDE SHALL
INCLUDE INFORMATION ON EACH NURSING FACILITY IN THIS STATE. FOR EACH
FACILITY, THE GUIDE SHALL
INCLUDE, TO THE EXTENT IT IS AVAILABLE TO THE
DEPARTMENT OF AGING, ALL OF THE FOLLOWING INFORMATION:
(A) CUSTOMER SATISFACTION DATA OBTAINED UNDER SECTION 173.54 OF
THE REVISED CODE;
(B) CLINICAL QUALITY INDICATOR DATA OBTAINED UNDER SECTION
173.56 OF THE REVISED CODE;
(C) DATA DERIVED FROM STANDARD SURVEYS AS
SPECIFIED IN DIVISION (C)(3) OF SECTION 173.51
OF THE REVISED CODE;
(D) ANY OTHER INFORMATION SPECIFIED IN SECTIONS 173.45 TO
173.59 OF THE REVISED CODE OR THE RULES ADOPTED UNDER
SECTION 173.57 OF THE REVISED CODE.
Sec. 173.51. THE OHIO LONG-TERM CARE CONSUMER GUIDE
SHALL BE STRUCTURED IN ACCORDANCE WITH THIS
SECTION AND ANY
APPLICABLE RULES ADOPTED UNDER SECTION 173.57 OF THE REVISED
CODE.
(A) THE OPENING ELECTRONIC PAGE OF THE CONSUMER GUIDE SHALL
INCLUDE ALL OF THE FOLLOWING GENERAL INFORMATION:
(1) A DESCRIPTION OF THE GUIDE;
(2) DISCLAIMERS STATING THE LIMITATIONS OF THE DATA INCLUDED IN
THE GUIDE. THE DISCLAIMERS SHALL INCLUDE A STATEMENT THAT STANDARD
SURVEYS OF NURSING FACILITIES ARE CONDUCTED AT PERIODIC INTERVALS
AND A STATEMENT THAT CONDITIONS AT A FACILITY CAN CHANGE
SIGNIFICANTLY BETWEEN STANDARD SURVEYS.
(3) A RECOMMENDATION THAT INDIVIDUALS CONSIDERING NURSING
FACILITY PLACEMENT VISIT ANY FACILITIES THEY ARE CONSIDERING;
(4) ELECTRONIC LINKS TO OTHER INFORMATION ON THE INTERNET ABOUT
SELECTING NURSING FACILITIES AND ABOUT OTHER LONG-TERM CARE OPTIONS, INCLUDING
INFORMATION MAINTAINED BY
PERTINENT GOVERNMENT AGENCIES AND PRIVATE ORGANIZATIONS AND TELEPHONE NUMBERS
FOR THOSE AGENCIES AND ORGANIZATIONS;
(5) ANY OTHER INFORMATION THE DEPARTMENT OF AGING SPECIFIES IN RULES
ADOPTED UNDER
SECTION 173.57 of the Revised Code.
(B) THE CONSUMER GUIDE SHALL BE STRUCTURED IN A MANNER THAT
ALLOWS THE USER TO SEARCH FOR INFORMATION IN THE GUIDE IN MULTIPLE WAYS,
INCLUDING SEARCHES BY
FACILITY NAME, COUNTY, MUNICIPALITY, POSTAL ZIP CODE, SOURCE OF NURSING
FACILITY PAYMENT, AND SPECIAL
CARE SERVICE.
(C) THE FIRST INFORMATION TO APPEAR ON THE COMPUTER SCREEN
FOLLOWING A SEARCH SHALL BE A LIST OF ALL FACILITIES IDENTIFIED BY
THE SEARCH. FOR ALL OF THE FACILITIES LISTED, THE CONSUMER GUIDE
SHALL PRESENT THE USER WITH SUMMARIZED COMPARATIVE
MEASURES AND ELECTRONIC LINKS TO DEFINITIONS AND DESCRIPTIONS OF
THE MEASURES. THE GUIDE SHALL INCLUDE A FEATURE THAT ALLOWS THE USER TO
CHOOSE THE PARTICULAR COMPARATIVE MEASURES THAT WILL BE DISPLAYED ON THE
SCREEN. THE GUIDE ALSO MAY INCLUDE A CONSUMER NEEDS ASSESSMENT
FUNCTION TO ASSIST THE USER IN CHOOSING MEASURES. THE COMPARATIVE
MEASURES SHALL BE DERIVED FROM THE FOLLOWING SOURCES:
(1) THE AGGREGATE RESPONSES MADE BY A FACILITY'S RESIDENTS OR THEIR
FAMILIES
TO MEASURES
OF CUSTOMER SATISFACTION INCLUDED IN THE SURVEYS CONDUCTED UNDER
SECTION 173.54 OF THE REVISED CODE. THE MEASURES SHALL
BE
SPECIFIED IN RULES ADOPTED UNDER SECTION 173.57 OF THE REVISED
CODE. FOR EACH MEASURE, THE GUIDE SHALL COMPARE THE RESPONSES FOR
THE FACILITY TO THE STATEWIDE AVERAGE
OR TO A PEER-GROUP AVERAGE SPECIFIED IN RULE UNDER SECTION 173.57
OF THE REVISED CODE.
(2) THE SCORES ON CLINICAL QUALITY INDICATORS
CALCULATED UNDER SECTION 173.56 OF THE REVISED CODE. THE
INDICATORS SHALL BE SPECIFIED IN RULES ADOPTED UNDER SECTION 173.57
OF THE REVISED CODE. FOR EACH INDICATOR, THE GUIDE SHALL
COMPARE THE FACILITY'S SCORE TO THE STATEWIDE AVERAGE
OR TO A PEER-GROUP AVERAGE SPECIFIED IN RULE UNDER SECTION 173.57
OF THE REVISED CODE. THE SCORES SHALL BE
EXPRESSED AS PERCENTAGES.
(3) ALL OF THE FOLLOWING:
(a) THE DATE OF THE FACILITY'S MOST RECENT STANDARD
SURVEY;
(b) THE PERCENTAGE OF SPECIFIED SURVEY DATA TAGS FOR WHICH THE
FACILITY WAS FOUND TO BE IN COMPLIANCE DURING THE FACILITY'S MOST RECENT
STANDARD SURVEY. THE
DEPARTMENT OF AGING SHALL SPECIFY IN RULE THE SURVEY DATA TAGS
USED FOR THIS PURPOSE AND MAY EXCLUDE TAGS THAT ARE NEVER OR VERY
RARELY CITED DURING SURVEYS.
(c) THE STATEWIDE AVERAGE PERCENTAGE OF THE SPECIFIED
SURVEY DATA
TAGS FOR WHICH FACILITIES WERE FOUND TO BE IN COMPLIANCE DURING THE MOST
RECENT STANDARD SURVEYS. ALTERNATIVELY,
THE DEPARTMENT OF AGING MAY PRESCRIBE BY RULE THAT A PEER-GROUP
AVERAGE BE USED.
(d) THE NUMBER OF SPECIFIED SURVEY DATA TAGS CITED BY THE
DEPARTMENT OF HEALTH IN THE FACILITY'S MOST RECENT STANDARD
SURVEY;
(e) THE STATEWIDE AVERAGE NUMBER OF SPECIFIED SURVEY DATA TAGS
CITED BY THE DEPARTMENT OF HEALTH DURING THE MOST RECENT STANDARD SURVEYS.
ALTERNATIVELY, THE DEPARTMENT OF AGING
MAY PRESCRIBE BY RULE THAT A PEER-GROUP AVERAGE BE USED.
(f) THE DATE THE FACILITY ACHIEVED SUBSTANTIAL COMPLIANCE WITH
MEDICARE AND MEDICAID CERTIFICATION REQUIREMENTS;
(g) WHETHER THE DEPARTMENT OF HEALTH DETERMINED THAT THE
FACILITY
PROVIDED SUBSTANDARD CARE TO RESIDENTS DURING TWO OF ITS LAST THREE
STANDARD SURVEYS;
(h) WHETHER THE DEPARTMENT OF HEALTH FOUND THAT THE CARE
PROVIDED
BY THE FACILITY PLACED RESIDENTS IN IMMEDIATE JEOPARDY DURING TWO OF ITS
LAST THREE STANDARD SURVEYS.
(4) AN ELECTRONIC LINK FOR EACH FACILITY ON THE LIST ALLOWING THE USER TO
GAIN
ACCESS TO INFORMATION ON THE FACILITY MAINTAINED UNDER DIVISION (D)
OF
THIS SECTION.
(D) IN ADDITION TO THE SUMMARIZED INFORMATION PROVIDED BY THE
GUIDE PURSUANT TO DIVISION (C) OF THIS SECTION, THE GUIDE SHALL
PROVIDE SPECIFIC COMPARATIVE INFORMATION ON EACH NURSING FACILITY. WHEN
THE GUIDE'S USER OPENS AN ELECTRONIC LINK TO
THE SPECIFIC INFORMATION, THE FIRST INFORMATION TO APPEAR ON
THE COMPUTER SCREEN SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE NAME OF THE FACILITY AND ITS OWNER, THE FACILITY'S
TELEPHONE NUMBER AND ADDRESS, INCLUDING THE COUNTY
IN WHICH THE FACILITY IS LOCATED. THE GUIDE SHALL INCLUDE A
FUNCTION THAT PINPOINTS ON A MAP THE FACILITY'S LOCATION.
(2) THE FACILITY'S STATUS WITH REGARD TO MEDICARE AND MEDICAID
CERTIFICATION AND PRIVATE ACCREDITATION;
(3) THE NUMBER OF BEDS IN THE FACILITY;
(4) INFORMATION ABOUT THE FACILITY'S STAFFING AS PRESCRIBED IN RULE BY THE
DEPARTMENT OF AGING;
(5) AN ELECTRONIC LINK ALLOWING THE USER OF THE GUIDE TO GAIN
ACCESS TO A LISTING OF SERVICES PROVIDED BY THE FACILITY. THE
LISTING SHALL BE PRESENTED IN THE FORMAT SPECIFIED IN RULES ADOPTED
UNDER SECTION 173.57 OF THE REVISED CODE.
(6) AT THE FACILITY'S OPTION, A PICTURE OF THE FACILITY, A BRIEF
STATEMENT PROVIDED BY THE FACILITY, AND AN ELECTRONIC LINK TO ANY
INFORMATION THE FACILITY MAINTAINS ABOUT ITSELF ON THE INTERNET;
(7) THE SUMMARIZED INFORMATION SPECIFIED IN DIVISION (C) OF THIS
SECTION
FOR THE FACILITY, WITH ELECTRONIC LINKS ALLOWING THE USER TO GAIN ACCESS TO
ADDITIONAL INFORMATION
PRESENTED AS FOLLOWS:
(a) FOR EACH STATISTICALLY VALID AND RELIABLE QUESTION ASKED ON
THE QUESTIONNAIRES USED IN THE
RESIDENT AND FAMILY SURVEYS CONDUCTED UNDER SECTION 173.54 OF THE
REVISED CODE, THE GUIDE SHALL PRESENT THE CUSTOMER
SATISFACTION
RESPONSES. THE RESPONSES
FOR THE FACILITY SHALL BE COMPARED TO THE STATEWIDE AVERAGE OR TO A PEER-GROUP
AVERAGE SPECIFIED IN RULE UNDER SECTION 173.57 OF THE REVISED
CODE AND SHALL BE
EXPRESSED IN PERCENTAGES.
(b) FOR EACH CLINICAL QUALITY INDICATOR CALCULATED
UNDER SECTION
173.56 OF THE REVISED CODE, THE GUIDE SHALL PRESENT THE
FACILITY'S SCORE COMPARED TO THE STATEWIDE AVERAGE SCORE. THE SCORES SHALL BE
EXPRESSED AS PERCENTAGES.
(c) THE GUIDE SHALL PRESENT A LIST OF
ALL SURVEY DATA TAGS
THAT WERE CITED DURING THE FACILITY'S MOST RECENT STANDARD
SURVEY, A BRIEF DESCRIPTION PERTAINING TO EACH DATA TAG, DIRECTIONS OR
ELECTRONIC LINKS FOR OBTAINING MORE INFORMATION ABOUT THE
FACILITY'S SURVEY
HISTORY, AND
LINKS TO THE TEXT OF EACH CITATION AND TO THE FACILITY'S PLAN OF
CORRECTION FILED WITH THE STATE FOR EACH CITATION.
(8) ANY OTHER INFORMATION THE DEPARTMENT OF AGING PRESCRIBES BY RULE.
Sec. 173.52. (A) THE DEPARTMENT OF
AGING SHALL UPDATE INFORMATION IN THE
OHIO LONG-TERM CARE CONSUMER GUIDE AS FOLLOWS:
(1) THE CUSTOMER SATISFACTION DATA OBTAINED UNDER SECTION 173.54
OF
THE REVISED CODE SHALL BE UPDATED
ANNUALLY FOLLOWING THE SURVEYS CONDUCTED UNDER THAT SECTION.
(2) THE CLINICAL QUALITY INDICATOR DATA OBTAINED UNDER SECTION
173.56 OF THE REVISED CODE SHALL BE UPDATED
IN JANUARY, APRIL, JULY, AND OCTOBER OF
EACH YEAR, USING THE MOST
RECENT RESIDENT ASSESSMENT DATA AVAILABLE TO THE DEPARTMENT.
(3) THE DATA DERIVED FROM STANDARD SURVEYS OF EACH NURSING FACILITY, AS
SPECIFIED IN DIVISION (C)(3) OF SECTION 173.51
OF THE REVISED CODE, SHALL BE UPDATED WEEKLY, USING
THE MOST RECENT STANDARD SURVEY DATA AVAILABLE TO THE
DEPARTMENT.
THE DEPARTMENT SHALL IMMEDIATELY MODIFY THE DATA INCLUDED IN THE CONSUMER
GUIDE
TO REFLECT EITHER OF THE FOLLOWING:
(a) ANY CHANGE IN THE SURVEY DATA RESULTING FROM INFORMAL
DISPUTE RESOLUTION, APPEAL, OR ANY OTHER PROCESS;
(b) THE DATE OF CORRECTION OF ANY CITATION.
(4) ANY OTHER INFORMATION SPECIFIED IN SECTIONS 173.45 TO
173.59 OF THE REVISED CODE OR THE RULES ADOPTED UNDER
SECTION 173.57 OF THE REVISED CODE SHALL BE UPDATED AT THE
TIME SPECIFIED IN THOSE SECTIONS OR THE RULES.
(B) THE DEPARTMENT OF AGING SHALL SPECIFY BY RULE INFORMATION IN
THE GUIDE THAT NURSING FACILITIES CAN ELECTRONICALLY UPDATE WITHOUT THE NEED
FOR
ANY ACTION BY THE DEPARTMENT. THE GUIDE SHALL
INCLUDE A MECHANISM FOR SUCH UPDATES. THIS DIVISION DOES NOT APPLY TO
INFORMATION DESCRIBED IN DIVISIONS (A)(1), (2), AND (3) OF
THIS SECTION.
(C) THE DEPARTMENT OF HEALTH SHALL COOPERATE WITH THE DEPARTMENT
OF AGING TO ENSURE THAT STANDARD SURVEY INFORMATION IS UPDATED IN
ACCORDANCE WITH THIS SECTION.
Sec. 173.53. IN ADDITION TO THE COMPUTERIZED OHIO LONG-TERM CARE
CONSUMER
GUIDE, THE DEPARTMENT OF AGING SHALL PREPARE AND MAKE AVAILABLE TO THE PUBLIC
PRINTED INFORMATION TO ASSIST CONSUMERS IN MAKING
LONG-TERM CARE AND NURSING FACILITY PLACEMENT DECISIONS, PARTICULARLY
CONSUMERS WHO DO NOT HAVE ACCESS TO THE INTERNET. THE PRINTED
INFORMATION SHALL SPECIFY ORGANIZATIONS THAT WILL PROVIDE
CONSUMERS FREE ON-SITE ACCESS TO THE CONSUMER GUIDE AND WILL MAIL
TO CONSUMERS FREE PAPER COPIES OF ELECTRONIC PAGES OF THE GUIDE.
Sec. 173.54. (A) THROUGH THE CONTRACT REQUIRED UNDER SECTION
173.47 of the Revised Code, THE DEPARTMENT OF AGING SHALL PROVIDE FOR
CUSTOMER SATISFACTION SURVEYS FOR USE IN PUBLISHING THE
OHIO LONG-TERM CARE CONSUMER GUIDE. THE DEPARTMENT SHALL
ENSURE THAT THE CUSTOMER SATISFACTION SURVEYS ARE CONDUCTED AS
FOLLOWS:
(1) THE SURVEYS SHALL BE CONDUCTED ANNUALLY.
(2) THE SURVEYS SHALL CONSIST OF STANDARDIZED, STATISTICALLY VALID AND
RELIABLE QUESTIONNAIRES
FOR NURSING FACILITY RESIDENTS AND FOR FAMILIES OF NURSING
FACILITY RESIDENTS. EACH QUESTIONNAIRE SHALL BE STRUCTURED IN A
MANNER THAT
PRODUCES STATISTICALLY TESTED VALID AND RELIABLE RESPONSES, AS
SPECIFIED IN RULES ADOPTED BY THE DEPARTMENT. EACH
QUESTIONNAIRE SHALL ASK THE RESIDENT'S AGE AND GENDER. THE
RESIDENT QUESTIONNAIRE SHALL ASK WHO, IF ANYONE, ASSISTED THE
RESIDENT IN COMPLETING THE QUESTIONNAIRE. THE FAMILY
QUESTIONNAIRE SHALL ASK THE RELATIONSHIP OF THE PERSON COMPLETING
THE QUESTIONNAIRE TO THE RESIDENT.
(3) THE RESIDENT SURVEY SHALL BE CONDUCTED IN PERSON, USING A
STANDARDIZED SURVEY PROTOCOL DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH
THE LONG-TERM CARE CONSUMER GUIDE ADVISORY COUNCIL. THE SURVEY SHALL BE
CONDUCTED IN A
MANNER DESIGNED TO PRESERVE THE RESIDENT'S CONFIDENTIALITY AS MUCH
AS POSSIBLE.
(4) THE FAMILY SURVEY SHALL BE CONDUCTED USING ANONYMOUS
QUESTIONNAIRES DISTRIBUTED TO FAMILIES AND RETURNED TO A PERSON
OTHER THAN THE NURSING FACILITY, IN ACCORDANCE WITH A STANDARDIZED SURVEY
PROTOCOL
DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH THE LONG-TERM CARE CONSUMER
GUIDE ADVISORY COUNCIL.
(B) IN ADDITION TO BEING USED FOR THE CONSUMER GUIDE, THE
RESULTS OF THE SURVEYS CONDUCTED UNDER THIS SECTION SHALL BE PROVIDED TO THE
NURSING FACILITIES TO
WHICH THEY PERTAIN. EACH NURSING FACILITY IN THIS STATE SHALL PARTICIPATE AS
NECESSARY FOR
SUCCESSFUL COMPLETION OF THE SURVEYS.
Sec. 173.55. THE DEPARTMENT OF AGING MAY CHARGE A FEE, NOT TO
EXCEED FOUR HUNDRED DOLLARS, FOR EACH OF THE ANNUAL CUSTOMER
SATISFACTION SURVEYS CONDUCTED UNDER SECTION 173.54 OF THE
REVISED CODE. THE FEE SHALL BE PAID
BY THE NURSING FACILITY AND IS SUBJECT TO REIMBURSEMENT THROUGH THE
MEDICAID PROGRAM PURSUANT TO SECTIONS 5111.20 TO 5111.32 OF THE
REVISED CODE.
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE
DEPOSITED TO THE CREDIT OF THE LONG-TERM CARE CONSUMER GUIDE FUND, WHICH IS
HEREBY
CREATED IN THE STATE TREASURY. THE FUND SHALL BE USED
FOR COSTS ASSOCIATED WITH PUBLISHING
THE OHIO LONG-TERM CARE CONSUMER GUIDE, INCLUDING THE COST OF
CONTRACTING WITH PERSONS AND GOVERNMENT ENTITIES UNDER SECTION
173.47 OF THE REVISED CODE. THE DEPARTMENT MAY CONTRACT
WITH
A PERSON OR GOVERNMENT ENTITY TO
COLLECT THE FEES ON BEHALF OF THE DEPARTMENT.
Sec. 173.56. FOR PURPOSES OF THE LONG-TERM CARE CONSUMER GUIDE, THE
DEPARTMENT
OF AGING SHALL USE CLINICAL QUALITY INDICATORS THAT THE DEPARTMENT OF
HEALTH CALCULATES FOR EACH NURSING FACILITY USING METHODS ESTABLISHED BY
THE UNITED STATES HEALTH CARE FINANCING ADMINISTRATION FOR
THE
PURPOSES OF THE MEDICARE AND MEDICAID PROGRAMS.
Sec. 173.57. (A) THE DEPARTMENT OF AGING SHALL ADOPT RULES TO
IMPLEMENT AND
ADMINISTER SECTIONS 173.45 TO
173.59 OF THE REVISED CODE. THE RULES SHALL SPECIFY ALL OF
THE
FOLLOWING:
(1) THE CONTENT OF THE OHIO LONG-TERM CARE
CONSUMER GUIDE, INCLUDING ANY INFORMATION
IN ADDITION TO THE
INFORMATION SPECIFIED IN SECTION 173.51 OF THE REVISED
CODE;
(2) THE CONTENT OF THE COMPUTERIZED
AND PRINTED FORMS OF THE EXECUTIVE SUMMARY OF THE CONSUMER GUIDE;
(3) THE CUSTOMER SATISFACTION MEASURES TO BE PUBLISHED IN
THE CONSUMER GUIDE PURSUANT TO DIVISION (C)(1) OF SECTION 173.51
OF THE
REVISED CODE;
(4) THE CLINICAL QUALITY INDICATORS TO BE PUBLISHED IN THE
CONSUMER GUIDE PURSUANT TO DIVISION (C)(2) OF SECTION 173.51
OF THE
REVISED CODE;
(5) FOR PURPOSES OF STAFFING COMPARISONS UNDER DIVISION
(D)(4) OF SECTION 173.51 of the Revised Code, CRITERIA TO BE USED IN CLASSIFYING
NURSING FACILITIES INTO PEER
GROUPS, WHICH MAY BE BASED ON CASE-MIX SCORES CALCULATED
UNDER SECTION 5111.231 of the Revised Code, THE SIZE OF NURSING FACILITIES, THE
LOCATION OF FACILITIES, OR OTHER PERTINENT FACTORS;
(6) THE FORMAT FOR LISTING NURSING FACILITY SERVICES IN THE
CONSUMER GUIDE AND THE MANNER IN WHICH THAT INFORMATION IS TO BE COLLECTED
FROM NURSING FACILITIES;
(7) FEES THAT MAY BE COLLECTED UNDER SECTION 173.55 OF THE
REVISED CODE FOR CONDUCTING
CUSTOMER SATISFACTION SURVEYS. IF THE STATE RECEIVES FEDERAL FUNDING THAT CAN
BE USED TO OFFSET GUIDE OPERATING COSTS, THE DEPARTMENT SHALL REDUCE THE
AMOUNT OF THE FEE PROPORTIONALLY.
(8) A METHOD OF INCLUDING ADDITIONAL LONG-TERM CARE FACILITIES
AND SERVICE PROVIDERS
IN THE CONSUMER GUIDE PURSUANT TO CONSIDERATIONS MADE UNDER DIVISION
(B)(4) OF SECTION 173.58 OF THE REVISED CODE;
(9) ANY OTHER REQUIREMENTS NECESSARY TO IMPLEMENT AND ADMINISTER
SECTIONS 173.45 TO 173.59 OF THE REVISED CODE.
(B) THE DEPARTMENT SHALL DEVELOP RULES UNDER THIS SECTION
IN CONSULTATION WITH THE LONG-TERM CARE CONSUMER
GUIDE ADVISORY
COUNCIL CREATED UNDER SECTION 173.58 OF THE REVISED CODE.
BEFORE FILING A RULE UNDER SECTION 119.03 OF THE REVISED
CODE, THE
DEPARTMENT SHALL PRESENT IT TO THE ADVISORY COUNCIL AND PROVIDE
THE COUNCIL A REASONABLE TIME TO COMMENT ON IT.
(C) ALL RULES ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.
INITIAL RULES
SHALL BE ADOPTED NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
Sec. 173.58. (A) THERE IS HEREBY CREATED THE LONG-TERM CARE
CONSUMER GUIDE ADVISORY COUNCIL. THE COUNCIL SHALL BE CONVENED BY THE
DIRECTOR OF AGING AND
SHALL CONSIST OF THE FOLLOWING MEMBERS:
(1) A REPRESENTATIVE OF THE DEPARTMENT OF AGING, APPOINTED BY
THE DIRECTOR OF AGING;
(2) A REPRESENTATIVE OF THE DEPARTMENT OF HEALTH, APPOINTED BY
THE DIRECTOR OF HEALTH;
(3) A REPRESENTATIVE OF THE DEPARTMENT OF JOB AND FAMILY
SERVICES, APPOINTED BY THE DIRECTOR OF JOB AND FAMILY SERVICES;
(4) THE STATE LONG-TERM CARE OMBUDSPERSON;
(5) A FAMILY MEMBER OF A NURSING FACILITY RESIDENT, APPOINTED BY THE
GOVERNOR;
(6) A REPRESENTATIVE OF THE OHIO ASSOCIATION OF AREA AGENCIES ON
AGING, APPOINTED BY THE PRESIDENT OF THE ASSOCIATION;
(7) TWO REPRESENTATIVES OF THE OHIO HEALTH CARE ASSOCIATION,
APPOINTED BY THE CHIEF ADMINISTRATOR OF THE ASSOCIATION;
(8) TWO REPRESENTATIVES OF THE ASSOCIATION OF OHIO PHILANTHROPIC
HOMES, HOUSING, AND SERVICES FOR THE AGING, APPOINTED BY THE CHIEF
ADMINISTRATOR OF THE
ASSOCIATION;
(9) TWO REPRESENTATIVES OF THE OHIO ACADEMY OF NURSING HOMES,
APPOINTED BY THE CHIEF ADMINISTRATOR OF THE ACADEMY;
(10) A REPRESENTATIVE OF THE OHIO ASSOCIATION OF REGIONAL
LONG-TERM CARE OMBUDSMEN, APPOINTED BY THE CHIEF ADMINISTRATOR OF THE
ASSOCIATION;
(11) A REPRESENTATIVE OF THE OHIO CHAPTER OF THE
AMERICAN
ASSOCIATION OF RETIRED PERSONS, APPOINTED BY THE CHIEF ADMINISTRATOR OF THE
CHAPTER;
(12) A REPRESENTATIVE OF A CONSUMER
GROUP OR OTHER NOT-FOR-PROFIT ENTITY THAT IS ORGANIZED FOR THE PURPOSE
OF PROMOTING IMPROVED CARE FOR NURSING HOME RESIDENTS, APPOINTED
BY THE GOVERNOR;
(13) A REPRESENTATIVE OF A RESEARCH ORGANIZATION, APPOINTED BY
THE CHIEF ADMINISTRATOR OF THE ORGANIZATION. THE RESEARCH
ORGANIZATION REPRESENTED SHALL BE SELECTED BY THE DIRECTOR OF AGING
FROM AMONG RESEARCH ORGANIZATIONS IN THIS STATE THAT HAVE
EXPERIENCE IN LONG-TERM CARE POLICY MATTERS.
EACH COUNCIL MEMBER SHALL SERVE AT THE DISCRETION OF THE AUTHORITY THAT
APPOINTED THE MEMBER. EACH MEMBER SHALL SERVE WITHOUT
COMPENSATION OR REIMBURSEMENT FOR EXPENSES, EXCEPT TO THE EXTENT
THAT SERVING AS A MEMBER OF THE COUNCIL IS PART OF THE MEMBER'S
REGULAR DUTIES OF EMPLOYMENT.
THE MEMBER SERVING AS THE REPRESENTATIVE OF THE DEPARTMENT OF
AGING SHALL SERVE AS THE COUNCIL'S CHAIRPERSON. THE DEPARTMENT
SHALL SUPPLY MEETING SPACE AND STAFF SUPPORT FOR THE COUNCIL.
(B) THE COUNCIL'S DUTIES INCLUDE ALL OF THE FOLLOWING:
(1) TO RECOMMEND AND HELP DEVELOP RULES TO BE ADOPTED BY THE DEPARTMENT OF
AGING
UNDER SECTION 173.57 OF THE REVISED CODE;
(2) TO RECOMMEND ADMINISTRATIVE PRACTICES TO THE DEPARTMENT FOR
IMPROVING THE OPERATION AND CONTENT OF THE OHIO LONG-TERM
CARE CONSUMER GUIDE;
(3) TO RECOMMEND LEGISLATIVE CHANGES NEEDED TO IMPROVE THE
CONSUMER GUIDE;
(4) TO CONSIDER WHETHER IT IS FEASIBLE TO INCLUDE IN THE
CONSUMER GUIDE OTHER LONG-TERM CARE FACILITIES, SUCH AS RESIDENTIAL
CARE FACILITIES AND INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED,
AND LONG-TERM CARE SERVICE PROVIDERS, SUCH AS HOME HEALTH AGENCIES AND
ADULT DAY SERVICE PROVIDERS;
(5) TO CONSIDER WHETHER IT IS FEASIBLE TO INCLUDE IN THE CONSUMER
GUIDE MEASUREMENTS OF QUALITY OF LIFE STANDARDS.
(C) THE LONG-TERM CARE CONSUMER GUIDE ADVISORY COUNCIL IS NOT
SUBJECT TO SECTION 101.84 OF THE REVISED CODE.
Sec. 173.59. (A) THE DEPARTMENT OF AGING SHALL INCLUDE NO
ADVERTISING IN THE OHIO LONG-TERM CARE CONSUMER GUIDE THAT SHALL
CAUSE A CONFLICT OF INTEREST.
(B) THIS SECTION DOES NOT AFFECT INFORMATION INCLUDED IN THE
OHIO
LONG-TERM CARE CONSUMER GUIDE UNDER DIVISION (D)(6) OF SECTION
173.51 OF THE REVISED CODE.
Sec. 3721.026. (A) AS USED IN THIS SECTION, "CERTIFICATION
REQUIREMENTS," "COMPLIANCE," "NURSING FACILITY," AND "SURVEY" HAVE THE
SAME MEANINGS AS IN SECTION 5111.35 OF THE REVISED CODE.
(B) THE DIRECTOR OF HEALTH SHALL ESTABLISH A UNIT WITHIN THE
DEPARTMENT OF HEALTH TO PROVIDE ADVICE AND TECHNICAL ASSISTANCE TO NURSING
FACILITIES FOR THE PURPOSE OF IMPROVING COMPLIANCE
WITH CERTIFICATION REQUIREMENTS. THE DIRECTOR SHALL ASSIGN TO THE
UNIT EMPLOYEES WHO HAVE TRAINING OR EXPERIENCE IN CONDUCTING OR
SUPERVISING SURVEYS, BUT EMPLOYEES ASSIGNED TO THE UNIT SHALL NOT
CONDUCT SURVEYS. THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE
WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT
THIS SECTION.
(C) ON OR BEFORE THE LAST DAY OF DECEMBER EACH YEAR, THE
DIRECTOR
SHALL SUBMIT A REPORT TO THE GOVERNOR AND
THE GENERAL ASSEMBLY DESCRIBING THE UNIT'S ACTIVITIES THAT YEAR AND ITS
EFFECTIVENESS IN IMPROVING COMPLIANCE WITH CERTIFICATION
REQUIREMENTS.
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of
the Revised Code:
(A) "Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section 5111.99
of the Revised Code.
(B) "Capital costs" means costs of ownership and
nonextensive renovation.
(1) "Cost of ownership" means the actual expense incurred
for all of the following:
(a) Depreciation and interest on any capital assets that
cost five hundred dollars or more per item, including the
following:
(i) Buildings;
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.25 or 5111.251 of the
Revised Code;
(iii) Equipment;
(iv) Extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (I) of this section, lease and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars per item may be
considered costs of ownership in accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual expense incurred for
depreciation or amortization and interest on renovations that are not
extensive renovations.
(C) "Capital lease" and "operating lease" shall be construed in accordance
with generally accepted accounting principles.
(D) "Case-mix score" means the measure determined under
section 5111.231 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of a nursing facility or intermediate care facility for the
mentally retarded.
(E) "Date of licensure," for a facility originally licensed as a
nursing home under Chapter 3721. of the Revised Code, means the
date specific beds were originally licensed as
nursing home beds under that chapter, regardless of whether they were
subsequently licensed as residential facility beds under section 5123.19
of the Revised Code. For a facility originally licensed as a
residential facility under section 5123.19 of the Revised Code,
"date of licensure" means the date specific beds were
originally licensed as residential facility beds under that section.
(1) If nursing home beds licensed under Chapter 3721. of the Revised Code or
residential facility beds licensed under section 5123.19 of the Revised Code
were not required by law to be licensed when they were originally used to
provide nursing home or residential facility services, "date of licensure"
means the date the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility after its original date of licensure, it will have a
different date of licensure for the additional beds or
extensively renovated portion of the facility, unless the beds
are added in a space that was constructed at the same time as the
previously licensed beds but was not licensed under Chapter 3721.
or section 5123.19 of the Revised Code at that time.
(F) "Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(G) "Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, social services staff, activities
staff, psychologists and psychology assistants, social workers
and counselors, habilitation staff, qualified mental retardation
professionals, program directors, respiratory therapists,
habilitation supervisors, and except as provided in division
(G)(2) of this section, other persons holding degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in accordance with Chapter
119. of the Revised Code, for
personnel listed in
divisions (G)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to direct care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (G)(1)
of this section, for intermediate care facilities for the
mentally retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, and audiologists;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in accordance with Chapter
119. of the Revised Code, for personnel listed in division
(G)(2)(a) of this section.
(3) Costs of other direct-care resources that are
specified as direct care costs in rules adopted by the
director of job and family services in accordance
with Chapter 119. of the Revised
Code.
(H) "Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(I) "Indirect care costs" means all reasonable costs other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting services,
minor equipment,
maintenance and repairs, help-wanted advertising, informational
advertising, start-up costs, organizational expenses, other
interest, property insurance, employee training and staff
development, employee benefits, payroll taxes, and workers' compensation
premiums or costs for self-insurance claims and related costs as
specified in rules adopted by the director of
job and family services in accordance
with Chapter 119. of the Revised Code, for personnel
listed in this division. Notwithstanding division (B)(1) of this
section, "indirect care costs" also means the cost of equipment,
including vehicles, acquired by operating lease executed before
December 1, 1992, if the costs are reported as administrative and
general costs on the facility's cost report for the cost
reporting period ending December 31, 1992.
(J) "Inpatient days" means all days during which a
resident, regardless of payment source, occupies a bed in a
nursing facility or intermediate care facility for the mentally
retarded that is included in the facility's certified capacity
under Title XIX of the "Social Security Act," 49 Stat. 610
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital
leave days for which payment is made under section 5111.33 of the
Revised Code are considered inpatient days proportionate to the
percentage of the facility's per resident per day rate paid for
those days.
(K) "Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medical assistance program by the director of health in
accordance with Title XIX of the "Social Security Act."
(L) "Maintenance and repair expenses" means, except as
provided in division (X)(2) of this section, expenditures that
are necessary and proper to maintain an asset in a normally
efficient working condition and that do not extend the useful
life of the asset two years or more. "Maintenance and repair
expenses" includes but is not limited to the cost of ordinary
repairs such as painting and wallpapering.
(M) "Nursing facility" means a facility, or a distinct
part of a facility, that is certified as a nursing facility by
the director of health in accordance with Title XIX of the
"Social Security Act," and is not an intermediate care facility
for the mentally retarded. "Nursing facility" includes a
facility, or a distinct part of a facility, that is certified as
a nursing facility by the director of health in accordance with
Title XIX of the "Social Security Act," and is certified as a
skilled nursing facility by the director in accordance with Title
XVIII of the "Social Security Act."
(N) "Other protected costs" means costs for medical
supplies; real estate, franchise, and property taxes; natural
gas, fuel oil, water, electricity, sewage, and refuse and
hazardous medical waste collection; allocated other protected home office
costs; FEES PAID UNDER SECTION 173.55 OF THE REVISED
CODE; and any additional costs
defined as other protected costs in rules adopted by the
director of job and family
services in accordance with Chapter 119. of
the Revised Code.
(O) "Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in a nursing facility or
intermediate care facility for the mentally retarded.
(P) "Patient" includes "resident."
(Q) Except as provided in divisions (Q)(1) and (2) of this
section, "per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of establishing rates under section 5111.24 or 5111.241 of the
Revised Code, "per diem" means a facility's actual, allowable
indirect care costs in a cost reporting period divided by the
greater of the facility's inpatient days for that period or the
number of inpatient days the facility would have had during that
period if its occupancy rate had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.25 or 5111.251 of the
Revised Code, "per diem" means a facility's actual, allowable
capital costs in a cost reporting period divided by the greater
of the facility's inpatient days for that period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(R) "Provider" means a person or government entity that
operates a nursing facility or intermediate care facility for the
mentally retarded under a provider agreement.
(S) "Provider agreement" means a contract between the
department of job and family services and a nursing facility or
intermediate care facility for the mentally retarded for the
provision of nursing facility services or intermediate care
facility services for the mentally retarded under the medical
assistance program.
(T) "Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(U) "Reasonable" means that a cost is an actual cost that
is appropriate and helpful to develop and maintain the operation
of patient care facilities and activities, including normal
standby costs, and that does not exceed what a prudent buyer pays
for a given item or services. Reasonable costs may vary from
provider to provider and from time to time for the same provider.
(V) "Related party" means an individual or organization
that, to a significant extent, has common ownership with, is
associated or affiliated with, has control of, or is controlled
by, the provider.
(1) An individual who is a relative of an owner is a
related party.
(2) Common ownership exists when an individual or
individuals possess significant ownership or equity in both the
provider and the other organization. Significant ownership or
equity exists when an individual or individuals possess five per
cent ownership or equity in both the provider and a supplier.
Significant ownership or equity is presumed to exist when an
individual or individuals possess ten per cent ownership or
equity in both the provider and another organization from which
the provider purchases or leases real property.
(3) Control exists when an individual or organization has
the power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of the type carried on with the provider is transacted with
others than the provider and there is an open, competitive market
for the types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by other nursing facilities or intermediate care facilities for
the mentally retarded from outside organizations and are not a
basic element of patient care ordinarily furnished directly to
patients by the facilities.
(d) The charge to the provider is in line with the charge
for the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(W) "Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(1) Spouse;
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Step-parent, step-child, step-brother, or step-sister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster parent, foster child, foster brother, or foster
sister.
(X) "Renovation" and "extensive renovation" mean:
(1) Any betterment, improvement, or restoration of a
nursing facility or intermediate care facility for the mentally
retarded started before July 1, 1993, that meets the definition
of a renovation or extensive renovation established in rules
adopted by the director of job and
family services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and
restorations of nursing facilities and intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a) "Renovation" means the betterment, improvement, or
restoration of a nursing facility or intermediate care facility
for the mentally retarded beyond its current functional capacity
through a structural change that costs at least five hundred
dollars per bed. A renovation may include betterment,
improvement, restoration, or replacement of assets that are
affixed to the building and have a useful life of at least five
years. A renovation may include costs that otherwise would be
considered maintenance and repair expenses if they are an
integral part of the structural change that makes up the
renovation project. "Renovation" does not mean construction of
additional space for beds that will be added to a facility's
licensed or certified capacity.
(b) "Extensive renovation" means a renovation that costs
more than sixty-five per cent and no more than eighty-five per
cent of the cost of constructing a new bed and that extends the
useful life of the assets for at least ten years.
For the purposes of division (X)(2) of this section, the
cost of constructing a new bed shall be considered to be forty
thousand dollars, adjusted for the estimated rate of inflation
from January 1, 1993, to the end of the calendar year during
which the renovation is completed, using the consumer price index
for shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a renovation
that costs more than eighty-five per cent of the cost of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
Sec. 5111.62. The proceeds of all fines, including
interest, collected under sections 5111.35 to 5111.62 of the
Revised Code shall be deposited in the state treasury to the
credit of the residents protection fund, which is hereby created.
Moneys in the fund shall be used solely for the protection of the
health or property of residents of nursing facilities in which
the department of health finds deficiencies, including payment
for the costs of relocation of residents to other facilities,
maintenance of operation of a facility pending correction of
deficiencies or closure, and reimbursement of residents for the
loss of money managed by the facility under section 3721.15 of
the Revised Code.
MONEY IN THE FUND ALSO SHALL BE USED FOR THE PURPOSES OF SECTION 3721.026
of the Revised Code.
The fund shall be maintained and administered
by the department of job and family services under rules developed
in consultation with the departments of health and
aging and adopted by the director of
job and family services under
Chapter 119. of the Revised Code.
Section 2. That existing sections 5111.20 and 5111.62 of the
Revised Code are hereby repealed.
Section 3. Notwithstanding the fourteen-month publishing deadline established
in section 173.46 of the Revised Code, the Department of Aging
shall not publish the Ohio Long-term Care Consumer Guide unless it
includes in the guide the results of customer satisfaction surveys
conducted under section 173.54 of the Revised Code. For the
purposes of this condition, the department may publish the guide
if it includes in the guide the results of surveys of families of
nursing facility residents covering at least twenty-five per cent of
the nursing facilities in this state and it has established a process
for conducting both family and resident satisfaction surveys under
section 173.54 of the Revised Code.
Section 4. All items in this section are hereby appropriated as
designated out of any moneys in the state treasury to the credit
of the State Special Revenue Fund Group. For all appropriations
made in this act, those in the first column are for fiscal year
2000 and those in the second column are for fiscal year 2001. The
appropriations made in this act are in addition to any other
appropriations made for the 1999-2001 biennium.
AGE DEPARTMENT OF AGING
State Special Revenue Fund Group
5K9 | 490-613 | Long-Term Care Consumer Guide | $ | 0 | $ | 807,000 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 0 | $ | 807,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 807,000 |
Long-Term Care Consumer Guide
Not later than July 15, 2000, the Director of Budget and
Management shall transfer $407,000 cash from Fund 4E3, Resident
Protection Fund, to Fund 5K9, Long-Term Care Consumer Guide Fund.
The foregoing appropriation item 490-613, Long-Term Care Consumer
Guide, shall be used by the Department of Aging for costs
associated with publishing the Ohio Long-Term Care Consumer Guide.
DOH DEPARTMENT OF HEALTH
State Special Revenue Fund Group | | | | |
5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 0 | $ | 1,400,000 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 0 | $ | 1,400,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 1,400,000 |
Nursing Facility Technical Assistance Program
Not later than July 15, 2000, the Director of Budget and
Management shall transfer $1,400,000 cash from Fund 4E3, Resident
Protection Fund, to Fund 5L1, Nursing Facility Technical
Assistance Fund, to be used in accordance with section 3721.026 of
the Revised Code.
Within the limits set forth in this act, the Director of Budget
and Management shall establish accounts indicating source and
amount of funds for each appropriation made in this act, and shall
determine the form and manner in which appropriation accounts
shall be maintained. Expenditures from appropriations contained in this act
shall be accounted for as though made in Am. Sub. H.B. 283 of the 123rd
General Assembly.
The appropriations made in this act are subject to all provisions
of Am. Sub. H.B. 283 of the 123rd General Assembly.
Section 5. The codified and uncodified sections of law contained
in this act are not subject to the referendum, and take effect on
the later of July 1, 2000, or the day this act becomes law.
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