Ohio Admin. Code 3701-84-05 - Compliance actions

(A) If any provider of a HCS fails to comply with section 3702.14 of the Revised Code or Chapter 3701-84 of the Administrative Code, the director shall will provide the HCS a reasonable and appropriate amount of time to correct the violation and, in accordance with Chapter 119. of the Revised Code, may:

(1) Impose a civil penalty based on the severity of the violation as follows:

(a) For violations that present an imminent threat of serious physical or lifethreatening danger, or an immediate serious threat to the emotional psychosocial health as defined in paragraph (ZZ) or rule 3701-84-01 of the Administrative Code, safety or security of patients, a civil penalty of not less than one hundred thousand dollars and not more than two hundred and fifty thousand dollars;

(b) For violations that directly threaten physical or emotional psychosocial health, safety, or security of patients, a civil penalty of not less than ten thousand dollars and not more than one hundred thousand dollars;

(c) For violations that indirectly threaten or potentially threaten the physical or emotional psychosocial health, safety, or security of patients, a civil penalty of not less than one thousand dollars and not more than ten thousand dollars; and

(2) Issue an order that the HCS cease operation:

(a) For a second or subsequent violation of section 3701.14 of the Revised Code or Chapter 3701-84 of the Administrative Code; or

(b) For an initial violation that the director has determined to cause or pose an imminent threat of serious physical harm or life-threatening danger.

(B) In determining which of the actions to take under paragraph (A) of this rule, the director may consider the following factors:

(1) The danger of serious physical or life-threatening harm to one or more patients utilizing the health care service;

(2) The nature, duration, gravity, and extent of the violation;

(3) The number, if any, of patients directly affected by the violation;

(4) Whether the violation directly relates to patient care and the extent of the actual or potential harm to patients;

(5) The number of staff involved in the violation;

(6) The actions taken by the provider of the HCS to correct the violation; and

(7) The provider of the HCS's history of compliance.

Notes

Ohio Admin. Code 3701-84-05

Effective: 5/15/2023
Five Year Review (FYR) Dates: 2/27/2023 and 05/05/2028
Promulgated Under: 119.03
Statutory Authority: 3702.11, 3702.13
Rule Amplifies: 3702.12, 3702.13, 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20
Prior Effective Dates: 03/01/1997, 03/24/2003, 08/01/2017