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Sub. S. B. No. 87 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Senators Wachtmann, Hagan, Gardner, Mumper, Clancy, Amstutz, Austria, Carey, Niehaus, Padgett, Schuring, Jordan, Harris, Zurz, Schuler, Armbruster, Brady, Cates, Coughlin, Dann, Fedor, Fingerhut, Goodman, Grendell, Hottinger, Jacobson, Mallory, Miller, Prentiss, Roberts, Spada, Wilson
A BILLTo 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 to its residents 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) Other Subject to division (C) of this section, other skilled nursing care provided on a part-time,
intermittent basis pursuant to division (C) of this section for not more than a total of one hundred twenty days in a twelve-month period;
(5) Subject to division (D) of this section, skilled nursing care provided for more than one hundred twenty days in a twelve-month period to a hospice patient, as defined in section 3712.01 of the Revised Code. 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 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
(1935 1965), 42 U.S.C.A. 301 1395,
as amended; a hospice care program licensed under
Chapter 3712. of
the Revised Code; 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) A residential care facility may admit
or retain
individuals who require skilled nursing care beyond the
supervision
of special diets, application of dressings,
or
administration of medication, 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 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) A residential care facility may admit or retain a hospice patient who requires skilled nursing care for more than one hundred twenty days in any twelve-month period only if the facility has entered into a written agreement with a hospice care program licensed under Chapter 3712. of the Revised Code. The agreement between the residential care facility and hospice program shall include all of the following provisions:
(1) That the hospice patient will be provided skilled nursing care in the facility only if a determination has been made that the patient's needs can be met at the facility;
(2) That the hospice patient will be retained in the facility only if periodic redeterminations are made that the patient's needs are being met at the facility;
(3) That the redeterminations will be made according to a schedule specified in the agreement;
(4) That the hospice patient has been given an opportunity to choose the hospice care program that best meets the patient's needs.
(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 following may have on the number of personnel needed:
(a) Provision of personal care
services and; (b) Provision of part-time, intermittent skilled nursing
care pursuant to division (C) of section 3721.011 of
the Revised Code may have on the number of personnel
needed;
(c) Provision of skilled nursing care to hospice patients pursuant to division (D) of section 3721.011 of the Revised Code. (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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