130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

As Passed by the House

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- CORBIN-EVANS-STAPLETON-BARRETT-GARDNER-SCHURING-METTLER- WINKLER-BUCHY-HARTNETT-SALERNO-ALLEN-O'BRIEN-PATTON-DISTEL- J. BEATTY-VERICH-BARNES-CLANCY-CALVERT-HOLLISTER-REDFERN- GOODING-VESPER-A. CORE-WIDENER-HOOPS-PETERSON-JOLIVETTE- HARRIS-TERWILLEGER-AUSTRIA-STEVENS


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
5K9490-613Long-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    
5L1440-623Nursing 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.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer