130th Ohio General Assembly
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S. B. No. 87  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
S. B. No. 87


Senator Wachtmann 



A BILL
To amend sections 3721.011 and 3721.04 of the Revised Code regarding the provision of hospice care in residential care facilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3721.011 and 3721.04 of the Revised Code be amended to read as follows:
Sec. 3721.011.  (A) In addition to providing accommodations, supervision, and personal care services to its residents, a residential care facility may provide skilled nursing care as follows:
(1) Supervision of special diets;
(2) Application of dressings, in accordance with rules adopted under section 3721.04 of the Revised Code;
(3) Providing for the Subject to division (B)(1) of this section, administration of medication to residents, to the extent authorized under division (B)(1) of this section;
(4) Subject to division (C) of this section, the hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code;
(5) Other skilled nursing care provided on a part-time, intermittent basis pursuant to division (C)(D) of this section.
A residential care facility may not admit or retain an individual requiring skilled nursing care that is not authorized by this section. A residential care facility may not provide skilled nursing care beyond the limits established by this section.
(B)(1) A residential care facility may admit or and retain an individual requiring medication, including biologicals, only if the individual's personal physician has determined in writing that the individual is capable of self-administering the medication or the facility provides for the medication to be administered to the individual by a home health agency certified under Title XVIII of the "Social Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301 1395, as amended; a hospice care program licensed under Chapter 3712. of the Revised Code pursuant to division (C) of this section; or a member of the staff of the residential care facility who is qualified to perform medication administration. Medication may be administered in a residential care facility only by the following persons authorized by law to administer medication:
(a) A registered nurse licensed under Chapter 4723. of the Revised Code;
(b) A licensed practical nurse licensed under Chapter 4723. of the Revised Code who holds proof of successful completion of a course in medication administration approved by the board of nursing and who administers the medication only at the direction of a registered nurse or a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(c) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(2) In assisting a resident with self-administration of medication, any member of the staff of a residential care facility may do the following:
(a) Remind a resident when to take medication and watch to ensure that the resident follows the directions on the container;
(b) Assist a resident by taking the medication from the locked area where it is stored, in accordance with rules adopted pursuant to section 3721.04 of the Revised Code, and handing it to the resident. If the resident is physically unable to open the container, a staff member may open the container for the resident.
(c) Assist a physically impaired but mentally alert resident, such as a resident with arthritis, cerebral palsy, or Parkinson's disease, in removing oral or topical medication from containers and in consuming or applying the medication, upon request by or with the consent of the resident. If a resident is physically unable to place a dose of medicine to the resident's mouth without spilling it, a staff member may place the dose in a container and place the container to the mouth of the resident.
(C)(1) A residential care facility may admit and retain an individual requiring the hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code only if the facility enters into a written agreement with a hospice care program licensed under Chapter 3712. of the Revised Code that provides for all of the following:
(a) A determination that the individual's needs can be met at the residential care facility;
(b) Recurring determinations that the individual's needs are being met at the residential care facility;
(c) A schedule for making the determinations required by division (C)(1)(b) of this section.
(2) The hospice care and services specified in division (A)(1) to (10) of section 3712.01 of the Revised Code may be provided only by a hospice care program that is licensed under Chapter 3712. of the Revised Code and enters into an agreement with the residential care facility under division (C)(1) of this section.
(D) A residential care facility may admit or and retain individuals who require skilled nursing care beyond the supervision of special diets, application of dressings, or administration of medication types of skilled nursing care specified in division (A)(1) to (4) of this section, only if the care will be provided on a part-time, intermittent basis for not more than a total of one hundred twenty days in any twelve-month period. In accordance with Chapter 119. of the Revised Code, the public health council shall adopt rules specifying what constitutes the need for skilled nursing care on a part-time, intermittent basis. The council shall adopt rules that are consistent with rules pertaining to home health care adopted by the director of job and family services for the medical assistance medicaid program established under Chapter 5111. of the Revised Code. Skilled nursing care provided pursuant to this division may be provided by a home health agency certified under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, a hospice care program licensed under Chapter 3712. of the Revised Code, or a member of the staff of a residential care facility who is qualified to perform skilled nursing care.
A residential care facility that provides skilled nursing care pursuant to this division shall do both of the following:
(1) Evaluate each resident receiving the skilled nursing care at least once every seven days to determine whether the resident should be transferred to a nursing home;
(2) Meet the skilled nursing care needs of each resident receiving the care.
(D)(E) Notwithstanding any other provision of this chapter, a residential care facility in which residents receive skilled nursing care pursuant to this section is not a nursing home.
Sec. 3721.04.  (A) The public health council shall adopt and publish rules governing the operation of homes, which shall have uniform application throughout the state, and shall prescribe standards for homes with respect to, but not limited to, the following matters:
(1) The minimum space requirements for occupants and equipping of the buildings in which homes are housed so as to ensure healthful, safe, sanitary, and comfortable conditions for all residents, so long as they are not inconsistent with Chapters 3781. and 3791. of the Revised Code or with any rules adopted by the board of building standards and by the state fire marshal;
(2) The number and qualifications of personnel, including management and nursing staff, for each class of home, and the qualifications of nurse aides, as defined in section 3721.21 of the Revised Code, used by long-term care facilities, as defined in that section;
(3) The medical, rehabilitative, and recreational services to be provided by each class of home;
(4) Dietetic services, including but not limited to sanitation, nutritional adequacy, and palatability of food;
(5) The personal and social services to be provided by each class of home;
(6) The business and accounting practices to be followed and the type of patient and business records to be kept by such homes;
(7) The operation of adult day-care programs provided by and on the same site as homes licensed under this chapter;
(8) The standards and procedures to be followed by residential care facilities in admitting and retaining a resident who requires the application of dressings, including requirements for charting and evaluating on a weekly basis;
(9) The requirements for conducting weekly evaluations of residents receiving skilled nursing care in residential care facilities.
(B) The public health council may adopt whatever additional rules are necessary to carry out or enforce the provisions of sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.
(C) The following apply to the public health council when adopting rules under division (A)(2) of this section regarding the number and qualifications of personnel in homes:
(1) When adopting rules applicable to residential care facilities, the public health council shall take into consideration the effect that the provision of personal care services and part-time, intermittent skilled nursing care pursuant to division (C)(D) of section 3721.011 of the Revised Code may have on the number of personnel needed.
(2) The rules prescribing qualifications of nurse aides used by long-term care facilities, as those terms are defined in section 3721.21 of the Revised Code, shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
Section 2. That existing sections 3721.011 and 3721.04 of the Revised Code are hereby repealed.
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