Ohio Admin. Code 3701-12-05 - Scope of review: reviewable activities
(A) The following activities are reviewable
activities which shall not be conducted without a valid certificate of need .
(1) The establishment, development, or
construction of a new long-term care facility .
(2) The replacement of an existing long-term
care facility .
(3) The renovation
of or addition to a long-term care facility that involves a capital expenditure
of two
four
million dollars or more, not including expenditures for equipment, staffing, or
operational costs.
(4) Either of
the following:
(a) An increase in long-term
care bed capacity ; or
(b) A
relocation of long-term care beds from one physical facility or site to
another, excluding the relocation of long-term care beds within a longterm care
facility or among buildings of a long-term care facility at the same
site.
(5) The
expenditure of more than one hundred ten per cent of the maximum expenditure
specified in a certificate of need concerning long-term care beds.
(6) Any failure to conduct a reviewable
activity in substantial accordance with the approved application for which a
certificate of need was granted, including a change in the site, if the failure
occurs during the period from the approval of the application until five years
after implementation of the reviewable activity for which the certificate was
granted.
(B) A project
or the portion of a project that meets the requirements of this paragraph is
not reviewable. The following activities are not subject to review under
paragraph (A) of this rule:
(1) Acquisition of
computer hardware or software;
(2)
Acquisition of a telephone system;
(3) Construction or acquisition of parking
facilities;
(4) Correction of cited
deficiencies that are in violation of federal, state or local fire, building or
safety laws, ordinances, rules, or regulations and that constitute an imminent
threat to public health or safety;
(5) Acquisition of an existing long-term care
facility that does not involve a change in the number of beds;
(6) Mergers, consolidations or other
corporate reorganizations of long-term care facilities that do not involve a
change in the number of beds;
(7)
Construction, repair or renovation of bathroom facilities;
(8) Construction of laundry facilities, waste
disposal facilities, dietary department projects, heating and air conditioning
projects, administrative offices and portions of medical office buildings used
exclusively for physician services; and
(9) Removal of asbestos from a long-term care
facility .
Notes
Promulgated Under: 119.03
Statutory Authority: 3702.52; 3702.57
Rule Amplifies: 3702.511
Prior Effective Dates: 12/21/1982 (Emer.), 03/19/1983, 07/21/1983 (Emer.), 10/18/1983, 12/29/1983 (Emer.), 07/23/1987 (Emer.), 10/12/1987, 04/04/1988, 03/29/1990 (Emer.), 06/23/1990, 09/06/1999, 09/27/2007, 03/25/2010, 09/02/2013, 10/23/2015, 05/23/2019
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