(A) The
director
shall grant a license for provision of a hospice care program to an applicant
that complies with Chapter 3712. of the Revised Code and this chapter.
(B) Upon written request, the
director may grant a variance from any requirement of this chapter, that is not
a statutory requirement, if the person or public agency requesting the variance
establishes that because of practical difficulties or other special conditions,
strict application of the requirement will cause unusual or unnecessary
hardship and that the variance will not jeopardize the health, safety, or
welfare of any hospice patient or hospice patient's family.
(C)
(B) The
director shall mail written notice to the
applicant either granting or proposing to deny a license within thirty days
after receiving all information necessary to determine compliance with Chapter
3712. of the Revised Code and this chapter, including the reports of the
inspection conducted pursuant to paragraph (A) of rule
3701-19-05 of the
Administrative Code. This thirty-day period shall be extended if the
director
has received a complaint concerning an applicant. In such a case, the
director
shall conduct a complaint investigation within thirty days after receipt of the
complaint and shall mail written notice of the determination regarding the
license application within thirty days after completion of the complaint
investigation.
(D)
(C) If the
applicant meets the requirements for
licensure prescribed in paragraph (A) of this rule, the
director shall issue a
license to the applicant which shall:
(1)
Indicate the name and address of the hospice care program location to which the
applicant requested the license be issued. The names and addresses of
additional locations operating under the same license shall be maintained on
file;
(2) Be valid for three years
only for the hospice care program at the address and additional locations
indicated in the application except as provided for in paragraph (F) of this
rule; and
(3) Be posted in a
conspicuous place in the hospice care program location issued the
license.
(E)
(D) Subject to Chapter 119. of the Revised Code, the
director may deny, suspend, or revoke a license if the licensee:
(1) Made any material misrepresentation in
the application for licensure; or
(2) No longer meets the requirements of
Chapter 3712. of the Revised Code or
this chapter.
(3) If, after a review of an
application for license renewal in accordance with paragraph (H) of rule
3701-19-03
of the Administrative Code, the department determines that the program is not
in compliance with section 3712.062 of the Revised Code, the department may
suspend the hospice care program's license for not more than six months and
impose a fine not to exceed twenty thousand dollars.
(E)
If,
after a review of an application for license renewal in accordance with
paragraph (H) of rule
3701-19-03
of the Administrative Code, the department determines that the program is not
in compliance with section
3712.062 of the Revised Code,
the department may suspend the hospice care program's license for not more than
six months and impose a fine not to exceed twenty thousand
dollars.
(F) A
hospice care
program that seeks to transfer its license to another or new location shall
submit a written request to the
director of health to transfer its license. The
request shall indicate the name and address of the hospice care location issued
the license and the address to which the hospice seeks to transfer the license.
The request must be received by the
director no later than ninety days prior to
the current license expiration date or thirty days prior to the proposed
transfer or relocation, whichever occurs sooner.
(1) When reviewing a request for transfer of
a license, the director may request any additional written information he or
she determines necessary to assess whether the criteria in paragraph (F)(2) of
this rule are met.
(2) The
director
shall allow a license to be transferred if the following criteria are met:
(a) The hospice care program currently meets
all of the licensing requirements and there are no pending complaints under
investigation. Any pending complaints shall be investigated within thirty days
of the request for transfer;
(b)
The hospice care program is not undergoing any enforcement action at the time
of the transfer or relocation or proposed transfer or relocation;
(c) The transfer or relocation is not due to
a change in ownership or control;
(d) The transfer or relocation does not
diminish the current geographic area being served by the hospice care
program;
(e) The hospice care
program continues to provide the same full range of services at the new
location that was required of the hospice care program location that was issued
the license;
(f) All hospice
patients' clinical records are available, upon request of the director, at the
new location to which the hospice license is to be transferred;
(g) If the hospice care program provides
inpatient care directly, the transfer of the license does not involve either
the establishment of an inpatient facility, or relocation of an existing
inpatient facility, where the hospice care program provides inpatient care
directly;
(h) The approval to
transfer the license may be granted with no less than sixty-one days remaining
prior to the expiration of the current license; and
(i) If the
hospice care program obtained its
license pursuant to paragraph (J) of rule
3701-19-03
of the Administrative Code, the
hospice care program is currently in compliance
with the applicable accreditation or certification standards
(3) The
director shall notify the
hospice care program of whether or not the license may be transferred. If the
director determines that the license is not transferable, the
director shall
provide the hospice care program with an opportunity for a reconsideration:
(a) The
hospice care program shall request a
reconsideration in writing within thirty days of the mailing of the notice of
determination
.
;
(b) The
request shall include any written documentation or other information not
previously submitted to the
director that the hospice care program wishes to
refute the determination
.
;
(c) The
director's final determination is not appealable under Chapter 119. of the
Revised Code
.
;
and
(d) The hospice care
program shall obtain a license for the new location prior to commencing
services at the new location.
Notes
Ohio Admin. Code 3701-19-04
Effective:
1/23/2020
Five Year Review (FYR) Dates:
11/6/2019 and
01/13/2025
Promulgated
Under: 119.03
Statutory
Authority: 3712.03
Rule
Amplifies: 3712.03,
3712.04,
3712.05,
3712.062
Prior
Effective Dates: 12/31/1990, 10/17/1999, 01/01/2005, 08/23/2009,
02/15/2015