Ohio Admin. Code 5123-3-08 - Licensed residential facilities - development and renovation
(A)
Purpose
This rule establishes uniform standards and procedures governing the development and renovation of residential facilities subject to licensure in accordance with section 5123.19 of the Revised Code.
(B)
Definitions
For the purposes of this rule, the following definitions apply:
(1)
"Adult" means an individual age eighteen and
older.
(2)
"Applicant" means a person, as defined in section
1.59 of the Revised Code, or
government agency submitting a proposal and seeking approval from the
department for development of licensed beds.
(3)
"Child" means an
individual less than age eighteen.
(4)
"County board"
means a county board of developmental disabilities.
(5)
"Department"
means the Ohio department of developmental disabilities.
(6)
"Development"
means an applicant's plan for the operation of a licensed residential facility
including a plan for modification which is subject to approval of the
department.
(7)
"Individual" means a person with a developmental
disability.
(8)
"Initial license" means written approval by the
department to a licensee to operate a residential facility for a period of one
year.
(9)
"Interim license" means written approval by the
department to a licensee to operate a residential facility for a period not to
exceed one hundred eighty calendar days.
(10)
"Intermediate
care facility for individuals with intellectual disabilities" has the same
meaning as in section
5124.01 of the Revised
Code.
(11)
"Licensed bed" means a bed in a residential facility
licensed by the department pursuant to section
5123.19 of the Revised
Code.
(12)
"Licensee" has the same meaning as in section
5123.19 of the Revised
Code.
(13)
"Modification" means:
(a)
A change in the
identity of the licensee or operator;
(b)
A significant
change in ownership of a licensed residential facility that occurs as the
result of an acquisition, sale of a majority interest, merger, or when a family
member is added to or removed from a license held by a family-owned
business;
(c)
A change in the address of some or all of the licensed
beds;
(d)
An increase or decrease in the number of licensed beds
operated at a specific address;
(e)
The rebuilding of
a licensed residential facility at the same address;
(f)
The rebuilding of
a licensed residential facility at a different address; or
(g)
A change in the
type or source of funding of a licensed residential facility.
(14)
"Operator" means the entity responsible for the management
of and provision of services at the residential facility.
(15)
"Renovation"
means a permanent change in the physical structure of a residential facility
that results in a change in the use of the facility and/or a change in its
floor plan since the most recent issuance of the facility's
license.
(16)
"Residential facility" has the same meaning as in
section 5123.19 of the Revised
Code.
(C)
General principles
(1)
No person or
government agency may apply for a license to operate a residential facility
without first obtaining development approval in accordance with this
rule.
(2)
The department will not approve a proposal for the
development of licensed beds or issue a license under section
5123.19 of the Revised Code if
the approval or issuance will cause the number of licensed beds to exceed the
number of licensed beds permitted by section
5123.196 of the Revised
Code.
(3)
A residential facility may continue to operate at the
capacity for which it is licensed as of the effective date of this
rule.
(4)
An applicant who has obtained approval for a
development proposal will be permitted to proceed with development in
accordance with the terms of the approval granted by the
department.
(5)
The number of licensed beds in an intermediate care
facility for individuals with intellectual disabilities will not exceed six
unless the department determines, based upon documentation provided by the
operator, that the intermediate care facility for individuals with intellectual
disabilities requires capacity greater than six to be financially viable, in
which case the department may approve a capacity that is not greater than
eight.
(6)
The number of licensed beds in a residential facility
that is not an intermediate care facility for individuals with intellectual
disabilities will not exceed four.
(7)
Licensed
residential facilities will not exist on adjoining property sites except that
licensed residential facilities operating on adjoining property sites on the
effective date of this rule may continue to so operate.
(8)
No more than one
distinct and separate physical structure may be licensed on the same property
site except that licensed residential facilities with more than one distinct
and separate physical structure licensed on the same property site on the
effective date of this rule may continue to so operate.
(9)
Notwithstanding
paragraph (C)(7) or (C)(8) of this rule, multiple apartments within an
apartment building or complex of apartment buildings on the same property site
may be licensed individually when the apartments serve as the best alternative
for maximizing community integration.
(10)
A county board
may not assume ownership of a residential facility.
(D)
Development
proposal process
(1)
An applicant shall electronically submit a development
proposal to the department prior to the date of the proposed modification. The
proposal will:
(a)
Identify the owner of the license to operate the
facility, the operator of the facility if different from the owner, the lessor
of the facility if any, and any related party as defined in section
5165.01 of the Revised Code to
the owner or operator of the facility.
(b)
Describe the
modification accurately and completely.
(c)
Include an
explanation when the licensee proposes to make a modification involving:
(i)
A change in the
address of some or all of the licensed beds;
(ii)
An increase or
decrease in the number of licensed beds operated at a specific
address;
(iii)
The rebuilding of a licensed residential facility at
the same address;
(iv)
The rebuilding of a licensed residential facility at a
different address; or
(v)
A change in the type or source of
funding.
(d)
Be submitted no less than sixty calendar days in
advance when the licensee proposes to make a modification involving:
(i)
A change in the
address of some or all of the licensed beds;
(ii)
The rebuilding
of a licensed residential facility at the same address; or
(iii)
The rebuilding
of a licensed residential facility at a different address.
(2)
In reviewing a development proposal, the department
will consider:
(a)
The extent to which the development proposal supports
integration into the community;
(b)
The objective of
reducing the number of beds at a single site;
(c)
The objective of
reducing the number of beds in a single building;
(d)
The outcome of
prior compliance reviews;
(e)
The need for services in the local
community;
(f)
The need for capital improvements at the residential
facility;
(g)
For licensed beds in a residential facility that is not
an intermediate care facility for individuals with intellectual disabilities,
compatibility with home and community-based character set forth by the centers
for medicare and medicaid services;
(h)
The provider's
ability to meet the financial requirements of the development proposal;
and
(i)
The county board's recommendation regarding the
development proposal.
(3)
The department
will electronically notify the applicant of the approval or disapproval of the
development proposal together with a statement of reason within sixty calendar
days of receipt of a complete application. The department will maintain on its
website a list of development proposals and action taken
thereon.
(4)
The department will establish specific timelines for
implementation of a development proposal at the time of development
approval.
(a)
Failure to meet established timelines may result in
withdrawal of development approval.
(b)
Revisions or
extensions to established timelines require prior written approval by the
department.
(E)
Feasibility
analysis
(1)
The
department will conduct a feasibility analysis prior to issuance of an initial
or modified license for:
(a)
A change in the address of some or all of the licensed
beds;
(b)
An increase in the number of licensed beds operated at
a specific address;
(c)
The rebuilding of a residential facility at the same
address; or
(d)
The rebuilding of a residential facility at a different
address.
(2)
A person or government agency shall, after obtaining
development approval in accordance with paragraph (D)(3) of this rule,
electronically notify the department to initiate scheduling of the feasibility
analysis.
(3)
The department will confirm the date for the
feasibility analysis which may be conducted in-person or remotely using
technology.
(4)
The feasibility analysis will include a review of the
physical environment and configuration of the facility to ensure the facility
is in compliance with requirements set forth in rule
5123-3-02 of the Administrative
Code.
(5)
Any findings of non-compliance identified during the
feasibility analysis will be corrected by the licensee prior to issuance of an
initial or modified license.
(F)
Issuance of
license
(1)
A
person or government agency desiring to operate a residential facility shall,
after obtaining development approval pursuant to this rule and establishing the
facility, notify the department in writing to request issuance of the initial
license no less than thirty calendar days prior to the date of the planned
opening of the facility.
(2)
The department will issue the initial license to the
licensee within twenty calendar days of determining the residential facility is
in compliance with all requirements and collection of the licensure fee
which:
(a)
Is
based on the number of licensed beds at the residential facility, that
is:
(i)
One
hundred dollars for a residential facility with fifteen or fewer beds;
and
(ii)
Five hundred dollars for a residential facility with
sixteen or more beds.
(b)
Will be paid by
electronic check or credit card.
(c)
Is
non-refundable.
(3)
The department may issue an interim license when it
determines initiation or continuation of services at the residential facility
is appropriate pending completion of the development process (e.g., while a
licensee is awaiting certification by the Ohio department of health as an
intermediate care facility for individuals with intellectual
disabilities).
(4)
A person or government agency submitting a development
proposal to place a licensed bed on hold for future development will have three
hundred sixty-five calendar days from the date of approval of the development
proposal to apply for a license for the residential facility. The application
for a license will be submitted to the department no less than sixty calendar
days prior to the date of the planned opening of the facility.
(5)
The applicant may
appeal the decision of the department regarding a development proposal in
accordance with rule
5123:2-17-01 of the
Administrative Code.
(G)
Renovation
proposal process
(1)
When the licensee proposes to make a renovation to a
residential facility, the licensee shall electronically notify the department
no less than thirty calendar days in advance of beginning such
renovation.
(2)
The licensee shall provide any information required by
the department in order for the department to determine whether new inspections
and/or a compliance review is required following the
renovation.
(3)
The department will electronically notify the licensee
of the approval or disapproval of the licensee's renovation proposal within
fourteen calendar days after receiving all the information it needs to
determine whether new inspections and/or a licensure compliance review is
required following the renovation.
Replaces: 5123:2-3-08
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.042, 5123.19, 5124.03
Rule Amplifies: 5123.04, 5123.042, 5123.19, 5124.03
Prior Effective Dates: 10/31/1977, 06/12/1981, 09/30/1983, 09/30/1986 (Emer.), 12/05/1986, 08/01/1987, 08/22/1987, 10/12/1987, 06/16/1988, 02/01/1990 (Emer.), 04/30/1990, 11/16/1990, 10/28/1993, 01/08/1994, 12/05/1996 (Emer.), 03/20/1997, 08/12/2002, 07/22/2004, 01/17/2005, 11/12/2012, 10/01/2016
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