Ohio Admin. Code 3701-16-03 - Initial, renewal, and change of operator license applications; fees; issuance; revocation; notice
(A)
Not less than
sixty days before the proposed opening of a residential care facility, the
operator of a residential care facility will submit, on a form prescribed by
the director, a completed initial application, and pay the non-refundable
application fee specified in division (E) of section
3721.02 of the Revised Code,
with the fee made payable to the "treasurer, state of Ohio" in the form of a
check or money order to be deposited in the state treasury to the credit of the
general operations fund created by division (A) of section
3701.83 of the Revised Code. A
completed application includes:
(1)
A statement by the applicant of the status of the
proposed residential care facility under any applicable zoning ordinances or
rules, or a statement by the applicant that there is no zoning authority where
the proposed home is to be located;
(2)
A statement of
financial solvency at the time of initial application, signed by a certified
public accountant, on a form provided by the director, showing that the
applicant has the financial ability to staff, equip, and operate the
residential care facility in accordance with Chapter 3721. of the Revised Code,
and rules
3701-16-01 to
3701-16-18 of the Administrative
Code, and that the applicant has sufficient capital or financial reserve to
cover not less than three months of operation;
(3)
A statement
containing the following information:
(a)
If the operator
is an individual and owner of the business, the individual's name, address,
electronic mail address, and telephone number. If the operator of the business
is owned by an association, corporation, or partnership, the business activity,
address, and telephone number of the entity and the name of every person who
has an ownership interest of five per cent or more in the
entity;
(b)
If the operator does not own the building or buildings
or if the operator owns only part of the building or buildings in which the
residential care facility is housed, the name of each person who has an
ownership interest of five per cent or more in the buildings;
(c)
The name and
address of any residential care facility and any facility described in
divisions (A)(1)(a) and (A)(1)(c) of section
3721.01 of the Revised Code in
which the operator or administrator, or both, have an ownership interest of
five per cent or more or with which the operator or administrator have been
affiliated with through ownership or employment in the five years prior to the
date of the application;
(d)
The name, business address, electronic mail address,
and telephone number of the administrator of the residential care facility, if
different from the operator;
(e)
The name,
business address, electronic mail address, and telephone number of any
management firm or business employed to manage the residential care facility;
and
(f)
The name, business address, and telephone number of the
statutory agent of the operator.
(4)
Copies of
the:
(a)
Floor
plan for the building or area of a building to be licensed as a residential
care facility, including beds;
(b)
Certificate of
occupancy obligated by paragraph (A) of rule
3701-16-13 of the Administrative
Code, showing a use group of R-4, I-1, or I-2;
(c)
Inspection report
of the state fire marshal or a township, municipal, or other legally
constituted fire department approved by the state fire marshal obligated by
paragraph (A) of rule
3701-16-13 of the Administrative
Code; and
(d)
Heating inspection report obligated by paragraph (A) of
rule 3701-16-15 of the Administrative
Code.
(B)
The operator of a
residential care facility will submit, on a form prescribed by the director, a
completed renewal application, and pay the non-refundable application fee
specified in division (E) of section
3721.02 of the Revised Code,
with the fee made payable to the "treasurer, state of Ohio" to be deposited in
the state treasury to the credit of the general operations fund created by
division (A) of section
3701.83 of the Revised Code. A
completed renewal application includes:
(1)
Include an update
of the information obligated by paragraphs (A)(2), (A)(3), and (A)(4)(c) of
this rule; and
(2)
Provide information the director may require to assess
whether the operator has violated section
3721.07 of the Revised
Code.
(C)
Except as provided in paragraph (E) of this rule, the
operator or administrator will notify the director in writing or electronically
of any changes in the information contained in paragraph (A) or (B) of this
rule no later than ten days after the change occurs.
(D)
The operator or
administrator will notify the residents and their sponsors or legal
representatives and the regional long-term care ombudsman program, designated
under section 173.16 of the Revised Code,
serving the area where the home is located, in writing or electronically of any
changes in the information contained in paragraph (A)(3)(a), (A)(3)(b),
(A)(3)(d), or (A)(3)(e) of this rule no later than ten days after the change
occurs.
(E)
Subject to sections
3721.026,
3721.03,
3721.05, and
3701.07 of the Revised Code, at
least sixty days before the proposed assignment or transfer of the license, the
operator of a residential care facility may, with the approval of the director,
assign or transfer the license to operate the home after submitting, on a form
prescribed by the director, a completed change of operator application and
paying the non-refundable application fee specified in section
3721.02 of the Revised Code. The
department will deposit the fee in the state treasury to the credit of the
general operations fund created by section
3701.83 of the Revised Code. A
completed change of operator application includes:
(1)
A statement
containing the following information:
(a)
If the operator
is an individual and owner of the business, the individual's name, address, and
telephone number. If the operator of the business is owned by an association,
corporation, or partnership, the business activity, address, electronic mail
address, and telephone number of the entity and the name of every person who
has an ownership interest of five per cent or more in the
entity;
(b)
If the operator does not own the building or buildings
or if the operator owns only part of the building or buildings in which the
residential care facility is housed, the name of each person who has an
ownership interest of five per cent or more in the buildings;
(c)
The name and
address of any residential care facility and any facility described in
divisions (A)(1)(a) and (A)(1)(c) of section
3721.01 of the Revised Code in
which the operator or administrator, or both, have an ownership interest of
five per cent or more or with which the operator or administrator have been
affiliated with through ownership or employment in the five years prior to the
date of the application;
(d)
The name, business address, electronic mail address,
and telephone number of the administrator of the residential care facility, if
different from the operator;
(e)
The name,
business address, electronic mail address, and telephone number of any
management firm or business employed to manage the residential care facility;
and
(f)
The name, business address, and telephone number of the
statutory agent of the operator.
(2)
Copies of the
inspection report from the state fire marshal or a township, municipal, or
other legally constituted fire department approved by the marshal, performed
within the previous fifteen months, showing zero uncorrected
deficiencies.
A change of the majority ownership of a licensed operator is a change of operator for purposes of this paragraph.
(F)
If the
residential care facility alters its physical facilities in a manner that
affects bed capacity or proposes to relocate existing beds to a unlicensed
portion of the facility, the facility will provide the director with written
notice at least sixty days prior to the date the facility wants to commence
filling the new beds or relocating existing beds. The residential care facility
will not use the altered or unlicensed area until the department notifies the
facility, in writing, that the alteration or move complies with the applicable
provisions of Chapter 3721. of the Revised Code and rules
3701-16-01 to
3701-16-18 of the Administrative
Code. The written notice from the facility will include:
(1)
A floor plan of
the area, including beds;
(2)
The results of the inspection by the state fire marshal
or a township, municipal, or other legally constituted fire department approved
by the state fire marshal for the area; and
(3)
A certificate of
occupancy for the area.
(G)
The following
persons will notify the director within ten days of commencement of a suit
against them, meaning a party suing has filed a written complaint or petition
with the clerk of the court, which could result in the residential care
facility being placed in a receivership:
(1)
Operator;
(2)
Owner of the
operator or any person who has an ownership interest of five per cent or more
in the entity;
(3)
Owner of the building(s) in which the residential care
facility is housed or any person who has an ownership interest of five per cent
or more in the entity; and
(4)
Management firm
or business employed to manage the residential care facility.
(H)
The
director may request additional information at any time which the director
determines to be necessary to assess compliance with the applicable criteria,
standards, and requirements established by Chapter 3721. of the Revised Code
and rules
3701-16-01 to
3701-16-18 of the Administrative
Code. The applicant will truthfully respond and submit any additional
information requested by the director within sixty days of the director's
request unless the director specifies otherwise.
(I)
If the license to
operate a home is assigned or transferred to a different person in accordance
with paragraph (C) of this rule, the new operator is responsible and liable for
compliance with any notice of proposed action or order issued under section
3721.08 of the Revised Code
prior to the effective date of the assignment or transfer.
(J)
An operator who
operates one or more residential care facilities in more than one building will
obtain a separate license for each building except if such buildings are on the
same lot and constitute a single residential care facility, such residential
care facility may be operated under a single license. However, no residential
care facility will be licensed in the same building as another residential care
facility. On or after April 1, 2007, an operator who operates one or more
residential care facilities in more than one building, where the buildings are
intersected by a public roadway, will not be granted a license to operate the
buildings as a single residential care facility, unless before April 1, 2007
the buildings were so licensed.
(K)
The license will
be posted in a conspicuous place in the residential care
facility.
(L)
If, under division (B)(5) of section
3721.03 of the Revised Code, the
license of a person has been revoked, the director of health will not issue a
license to the person or home at any time. A person whose license is revoked
for any reason other than nonpayment of the license renewal fee or late fees is
not allowed apply for a new license under Chapter 3721. of the Revised Code
until a period of one year following the date of revocation has
elapsed.
(M)
When closing a home, the operator will provide the
director written notification of closure at least ninety days or as soon as
practicable after determination is made, but no less than sixty days prior to
the proposed closing date and within twenty-four hours of an unplanned closure.
This notice will include:
(1)
An address where the operator may be reached after the
closing of the home;
(2)
A plan for the transfer and adequate relocation of all
residents; and
(3)
Assurances that the residents will be transferred to
the most integrated and appropriate facility or other setting in terms of
quality, services, and location, taking into consideration the needs, choice,
and best interests of each resident.
(N)
While providing a
written notification of closure under paragraph (O) of this rule, the operator
will, in accordance with Chapter 3701-61 of the Administrative Code, also
provide written notice of the proposed date of closing of the home to its
residents and their sponsors or legal representatives and the regional
long-term care ombudsmen program, designated under section
173.16 of the Revised Code,
serving the area where the home is located.
(O)
A license for a
home that has closed are considered surrendered to the department the three
hundred sixty sixth day after the home has closed.
(P)
The residential
care facility will include in all official correspondence with the department
pertaining to the home, its name, address and license number as it appears on
the residential care facility license.
(Q)
The director will
determine the type and number of residents a residential care facility can
accommodate which will be the authorized maximum licensed capacity of the
facility. Such determination will be made on the basis of the physical
facilities, personnel of the facility and the services and care needed by the
residents to be admitted or retained in the residential care facility, and the
permitted occupancy approved by the department of commerce. No operator,
administrator, staff member or any other person will set up beds for resident
use in a residential care facility which exceed the authorized maximum licensed
capacity.
Replaces: 3701-16-03
Notes
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.01, 3721.011, 3721.03, 3721.05, 3721.06, 3721.07
Prior Effective Dates: 12/21/1992, 09/29/1996, 06/21/1997, 12/01/2001, 04/01/2007, 01/01/2013, 03/01/2018
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