(A)
The provisions of
this rule are applicable to each residential facility.
(B)
The provision of
room and board, accommodations, supervision, and personal care services shall
be consistent with the requirements for licensure and shall be specified in a
written residential resident agreement executed between the operator and each
resident, or guardian/custodian prior to residency. The agreement shall be
signed and dated by the operator or his/her designee, and the prospective
resident or guardian/custodian. If the prospective resident is physically
unable to sign and consent, another individual designated by the prospective
resident shall sign. The facility shall provide both the prospective resident
and any other individual signing on his or her behalf with a copy of the
agreement and shall explain the agreement to them.
(C)
The following
shall be specified in a resident agreement:
(1)
Specifications of
accommodations provided in a class one or class two facility or room and board
provided in a class three facility.
(2)
Supervision and
personal care services available to a resident in a class one or class two
facility.
(3)
Specification of the monthly charges to the resident,
and any additional itemized fees.
The operator may not charge an
additional fee beyond the standard monthly charges for room and board (sleeping
and living space, meals or meal preparation, laundry services, housekeeping
services, or any combination thereof), personal care services if applicable,
and basic cable service if offered. If the operator charges an additional fee
for internet or cable service beyond basic cable, each resident must have the
option of whether to agree to such a charge, and the total charges to all
residents may not exceed the actual cost charged to the facility by the cable
or internet provider for the internet or additional cable service.
For a resident receiving residential
state supplemental payment, specification that the monthly charge for room and
board, supervision and personal care services shall not exceed the amount
specified in Chapter 5122-36 of the Administrative Code.
(4)
Provisions concerning refunds of resident's monthly charges
in the event of the resident's absence from the facility.
(5)
Specification of
security deposit required, if any, and the terms for refunding same to the
resident in the event of the resident's discharge or transfer from the
facility.
(6)
A statement that no charges, fines, or penalties will
be assessed against the resident other than those stipulated in the
agreement.
(7)
Provision for thirty day prior verbal and written
notification for increasing monthly charges.
(8)
A copy of
procedures to be used for the referral of a resident with mental illness for
mental health evaluation and services and the role of the facility regarding
the resident's receipt of appropriate services from mental health providers, as
applicable if the facility accepts persons with mental illness for
admission.
(9)
Any facility policies the resident must follow,
including smoking policy or "house rules" if applicable. The facility may
include the policy or house rules in the resident agreement, or make reference
in the agreement that the resident must follow the facility's written policies
or rule, which shall be posted in an area accessible to all residents and
readily visible.
No house rule or facility policy, or
portion therein, shall conflict with resident rights established by rules
5122-30-22 and
5122-30-22.1 of the
Administrative Code.
(10)
In a class two
or three facility, the specifications of the visitation policy for adults; and
the visitation policy shall not conflict with resident rights established by
rule 5122-30-22.1 of the
Administrative Code.
(11)
In a class two or three facility, the specifications of
the roommate policy.
(12)
A statement that, except for provider agency managed
payeeship programs when the provider agency is the operator of the class one
facility, at no time shall the staff or operator of a facility assume payeeship
for a resident's income, require income checks to be signed over to or be
cashed by facility staff, nor in any manner establish controls over the
handling of any resident's funds. This does not prevent a facility from
providing a central locked storage for resident's funds or other valuables. If
a facility offers such storage, the residential agreement must specify whether
the resident may access their property at any time, upon request, or a schedule
of hours each day of the week during which a resident may access their
property. Restrictions may only be in accordance with written instructions from
a guardian, if applicable.
Nothing stated herein shall be
construed to entitle any resident to not pay incurred costs of room and board
as stated in the resident agreement. Nothing in this rule shall preclude
individualized treatment plan or personal care specific requirements, e.g. -
budgeting skills, or a facility policy and procedure to safeguard client funds
upon their request.
An employee of a class one facility
that has a previously established legal relationship to a resident, e.g.
parent, spouse or child, may serve as a guardian or payee for the resident if
permitted by facility policy.
(13)
For a class
three facility, a statement that the facility is not permitted to monitor,
supervise, administer or assist in the self-administration of medication to any
resident, and shall not lock, store, secure or otherwise be responsible in any
way for a resident's medication, and that residency in the facility shall not
be contingent upon taking medication. Resident's shall keep medication in a
locked personal storage area as required by paragraph (E) of rule
5122-30-28 of the Administrative
Code.
Replaces: 5122-30-24
Notes
Ohio Admin. Code
5122-30-24
Effective:
1/1/2018
Five Year Review (FYR) Dates:
01/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 5119.34
Rule
Amplifies: 5119.34
Prior
Effective Dates: 5-10-1979, 1-1-2000
