(A)
Introduction: Pursuant to section
173.391 of the Revised Code, ODA
or its designee may impose disciplinary action against an ODA-certified
provider (provider) for good cause, including misfeasance, malfeasance,
nonfeasance, confirmed abuse or neglect, financial irresponsibility, or other
conduct ODA determines is injurious, or poses a threat, to the health or safety
of individuals being served.
(B)
Disciplinary actions by ODA's designee:
(1)
Disciplinary actions imposed by ODA's designee may include any one or more of
the following:
(a) Plan of correction
or evidence of compliance: ODA's designee may
require the provider to provide a plan of correction
or
evidence of compliance with all areas of non-compliance within
seven
seven
business days after the disciplinary action is imposed.
(b) Evidence of compliance: ODA's
designee may require the provider to provide evidence of compliance according
to the following deadlines:
(i) Health or safety: If the
non-compliance is injurious or poses a threat to the health or safety of
individuals being served, the provider shall provide evidence of compliance
within five days after the disciplinary action is imposed.
(ii) Non health or safety: If the
non-compliance is not injurious or poses no threat to the health or safety of
individuals being served, the provider shall provide evidence of compliance
within sixty days after the disciplinary action is imposed.
(c)(b) Suspending
referrals: ODA's designee may cease to refer individuals to the provider until
ODA's designee determines the provider complies with all requirements in this
chapter.
(c)
Remove clients: ODA's designee may revise the
person-centered services plans for individuals to stop authorizing the
non-compliant provider as a provider for those individuals.
(2) When ODA's designee imposes a
disciplinary action, it shall do the following:
(a) Notify the provider of the disciplinary
action via encrypted email or mail.
(b) Notify ODA of the disciplinary action via
an ODA-approved method.
(c)
Complete the required fields in ODA's provider
information management system
PIMS
related to the disciplinary action.
(d) Indicate in ODA's provider information management system
PIMS anytime it grants an extension to the
deadlines in paragraph (B)(1)(a) or (B)(1)(b) of this rule.
(3) ODA's designee does not have
authority to impose more than one disciplinary action against a provider for
the same episode of non-compliance.
(4)
ODA's designee
may follow-up with the provider to verify compliance in the area of
non-compliance. Follow-up may include site visits, requesting supplemental
information, or reviewing records.
(4)(5)
ODA may require ODA's designee to rescind or modify any pending disciplinary
action.
(C) Disciplinary
actions imposed by ODA:
(1) ODA may impose
any discipline authorized
in
under division (A)(2) of section
173.391 of the Revised
Code
, including the following:
.
(a) Plan of
correction.
(b) Evidence of
compliance.
(c) Suspension of
referrals.
(d) Removal of
clients.
(e) Fiscal sanctions, including a
civil monetary penalty or an order that unearned funds be
repaid.
(f) Suspension of
certification.
(g) Permanent revocation of
certification.
(h) Another disciplinary
action.
(2) ODA
may consider any one or more of the following when imposing disciplinary
action:
(a) Whether the conduct is injurious
or poses a threat to the health or safety of individuals being
served.
(b) The provider's previous
disciplinary history.
(c) Any other
factors ODA may consider relevant.
(D) A provider may appeal a disciplinary
action listed in column B of table 1 to this rule unless the reason for the
disciplinary action is listed under division (E) of section
173.391 of the Revised Code. As
used in table 1 to this rule, "another sanction" does not include any of the
disciplinary actions listed in column A of the table.
Table 1
|
COLUMN A
|
COLUMN B
|
|
Written warning
|
Fiscal sanction such as a civil monetary penalty or an
order to repay unearned funds
|
|
Requirement to submit a plan of correction or provide
evidence of compliance
|
Suspended certification
|
|
Suspended referrals
|
Revoked certification
|
|
Removal of clients
|
Another sanction
|
(E)
The provider may request a hearing under Chapter 119. of the Revised Code only
if it does
so within thirty days after the mailing
date of the notice
before the deadline in that
chapter.
(F) If any deadline in this rule
occurs on a Saturday, Sunday, or legal holiday under section 1.14 of the
Revised Code, the deadline is extended to the next day that is not a Saturday,
Sunday, or legal holiday under section 1.14 of the Revised
Code.
