(A) Notice of adverse preadmission screening
(PAS) determination
When an applicant for admission to a nursing facility, receives
an adverse determination as the result of a preadmission screening (PAS)
performed by the Ohio department of mental health and addiction services (MHAS)
or the Ohio department of developmental disabilities (DODD), MHAS or DODD
shall
will
provide the affected individual with written notice of the determination in
accordance with rules
5122-21-03 and
5123:2-14-01 of the
Administrative Code.
(1) The notice
shall
will be
mailed or personally delivered to the individual and his or her legal guardian
and/or authorized representative, at the time the adverse determination is
made.
(2) The notice
shall
will
contain:
(a) A clear and understandable
statement of the determination and the reasons for it.
(b) Citations of the applicable
regulations.
(c) An outline of the
implications of the decision for admission to the facility.
(d) An explanation of the individual's right
to and the method of obtaining a state hearing.
(e) A telephone number to call about free
legal services.
(3)
Copies of the notice
shall
will be sent to:
(a)
The nursing facility.
(b) The
individual's attending physician.
(c) The discharging hospital.
(d) The Ohio department of medicaid (ODM) (or
designee).
(B)
Notice of adverse resident review (RR) determination
When a resident of a nursing facility receives an adverse
determination as the result of a resident review (RR) performed by MHAS or
DODD, the determining agency shall
will provide the affected individual with written
notice of the determination.
(1) The
notice shall
will be mailed or personally delivered to the
individual and his or her legal guardian and/or authorized representative at
the time the adverse determination is made.
(2) The notice
shall
will contain:
(a) A clear and understandable statement of
the determination and the reasons for it.
(b) Citations of the applicable
regulations.
(c) An outline of the
implications of the decision for continued residence in the facility.
(d) An explanation of the individual's right
to and the method of obtaining a state hearing.
(e) A telephone number to call about free
legal services.
(3)
Copies of the notice
shall
will be sent to:
(a)
The nursing facility.
(b) The
individual's attending physician.
(c) The discharging hospital.
(d) The ODM (or designee).
Notes
Ohio Admin. Code
5101:6-2-32
Effective:
1/17/2025
Five Year Review (FYR) Dates:
10/31/2024 and
01/17/2030
Promulgated
Under: 119.03
Statutory
Authority: 5101.35
Rule
Amplifies: 5101.35,
5160.011
Prior
Effective Dates: 06/01/1997, 10/01/2002, 09/01/2008, 02/28/2014,
04/01/2019
