Ohio Admin. Code 3796:7-2-02 - Caregiver eligibility
(A) Unless otherwise approved by the board, or provided in paragraph (B) of
this rule, in order to be eligible to serve a
qualifying patient, a caregiver must be:only
natural persons twenty-one years of age or older may register with the state
board of pharmacy to serve as a caregiver for a qualifying patient.
(1)
A natural
person;
(2)
At least twenty-one years of age or
older;
(3)
A resident of the state of Ohio.
(B) Notwithstanding the age
limitation in paragraph (A) of this rule, the parent of a minor patient who is
eighteen years of age or older and who otherwise meets the requirements of
Chapter 3796. of the Revised Code and this division, may serve as the minor
patient's caregiver.
(C) No person
shall serve as a caregiver for any patient before registering with the state
board of pharmacy in accordance with rule
3796:7-2-03
of the Administrative Code.
(D) A
patient shall designate no more than two caregivers. The state board of
pharmacy shall register no more than two caregivers for each patient.
(E) An individual shall serve as a caregiver
for no more than two patients. Except as provided in paragraph (F) of this
rule, the state board of pharmacy shall associate no more than two patients for
each caregiver.
(F)
Notwithstanding the limitations in paragraphs (D)
and (E) of this rule, upon
Upon a written
request on a form in accordance with section
3796.04
of the Revised Code, the state board of pharmacy may, in its discretion, permit
an individual to serve as a caregiver for more than two patients, permit
and for a
patient to designate more than two caregivers, and
permit an individual who is not a resident of the state of Ohio to serve as a
caregiver:
(1) In order to avoid
unnecessary hardship to the patient or patients;
(2) Where the patient's care is being
provided in a hospice program licensed under Chapter 3712. of the Revised Code;
or
(3) Where the caregiver is
simultaneously caring for multiple patients who reside in the same household as
the caregiver.
(G) If a
patient requests permission to change a caregiver before renewal, the patient
shall cause a change of caregiver request to be submitted by the recommending
physician, or, subject to the limitations under section
3796.08 of the
Revised Code, the physician's delegate, whom
who shall set
forth the reasons the patient seeks to change caregivers and conform with the
caregiver registration requirements under rule
3796:7-2-03
of the Administrative Code. The state board of pharmacy shall approve a new
caregiver only if such individual meets the requirements of Chapter 3796. of
the Revised Code and this division.
(H) A patient's recommending physician shall
not serve as the patient's caregiver.
(I) The state board of pharmacy shall deny a
submission for a caregiver registration if the individual identified on the
submission is included in one or more of the following databases:
(1) The system for award management (SAM)
maintained by the United States general services administration;
(2) The list of excluded individuals and
entities maintained by the office of inspector general in the United States
department of health and human services pursuant to 42 U.S.C. part 1320a-7 (as
effective on January 3, 2017) and 42 U.S.C. part 1320c-5 (as effective on
January 3, 2017);
(3) The Ohio
department of developmental disabilities (DODD) online abuser registry
established under section
5123.52
of the Revised Code;
(4) The
internet-based sex offender and child-victim offender database established
under division (A)(11) of section
2950.13
of the Revised Code;
(5) The
national sex offender public website established under 18 United States Code
16918 ;
(6) The internet-based
database of department of rehabilitation and correction inmates established
under section
5120.66
of the Revised Code; or
(7) The
state nurse aide registry established under section
3721.32
of the Revised Code, and there is a statement detailing findings by the
director of health that the provider applicant or employee neglected or abused
a long-term care facility or residential care facility resident or
misappropriated property of such a resident.
(8)
The Ohio medicaid
provider exclusion and suspension list found at:
http://medicaid.ohio.gov
.
(J)
Prior to
receiving approval to serve as a caregiver, an individual who is not a resident
of the state of Ohio must provide any information sought by the board in order
for it to confirm that that individual is not included in a substantially
similar database to any of those listed in paragraph (I) of this rule that may
be maintained by the state in which that individual is a resident. Failure to
do so will result in a denial of their written request submitted pursuant to
paragraph (F) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04, 3796.08
Prior Effective Dates: 09/08/2017
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