Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) The department of aging shall adopt rules in accordance with section 111.15 of the Revised Code governing appeals brought under section 173.523 or 173.545 of the Revised Code. The rules shall require notice and the opportunity for a hearing. The rules may allow an appeal hearing to be conducted by telephone and permit the department to record hearings conducted by telephone. Chapter 119. of the Revised Code applies to a hearing under section 173.523 or 173.545 of the Revised Code only to the extent provided in rules the department adopts under this section.
(B) An appeal shall be commenced by submission of a written request for a hearing to the director of aging within the time specified in the rules adopted under this section. The hearing may be recorded, but neither the recording nor a transcript of the recording is part of the official record of the proceeding. The director shall notify the individual bringing the appeal of the director's decision and of the procedure for appealing the decision.
(C) The director's decision may be appealed to a court of common pleas pursuant to section 119.12 of the Revised Code. The appeal shall be governed by that section except as follows:
(1) The appeal shall be in the court of common pleas of the county in which the individual who brings the appeal resides or, if the individual does not reside in this state, to the Franklin county court of common pleas.
(2) The notice of appeal must be mailed to the department and filed with the court not later than thirty days after the department mails notice of the director's decision. For good cause shown, the court may extend the time for mailing and filing the notice of appeal, but the time cannot exceed six months from the date the department mails the notice of the director's decision.
(3) If an individual applies to the court for designation as an indigent and the court grants the application, the individual shall not be required to furnish the costs of the appeal.
(4) The department is required to file a transcript of the testimony of the state hearing with the court only if the court orders that the transcript be filed. The court shall make such an order only if it finds that the department and the individual bringing the appeal are unable to stipulate to the facts of the case and that the transcript is essential to a determination of the appeal. The department shall file the transcript not later than thirty days after such an order is issued.
Structure Ohio Revised Code
Chapter 173 | Department of Aging
Section 173.01 | Department of Aging; Powers and Duties.
Section 173.011 | Planning and Service Areas.
Section 173.012 | Training Programs.
Section 173.02 | Administrative Rules.
Section 173.03 | Ohio Advisory Council for Aging.
Section 173.04 | Dementia Training and Respite Care Programs.
Section 173.05 | Acting Director.
Section 173.06 | Golden Buckeye Card Program.
Section 173.061 | Records of Card Holders.
Section 173.08 | Resident Services Coordinator Program.
Section 173.11 | System of Multipurpose Senior Centers.
Section 173.12 | Services Provided by Multipurpose Senior Center.
Section 173.121 | Bingo Games at Multipurpose Senior Center.
Section 173.13 | Continuing Care Facility Residents' Rights.
Section 173.14 | Long-Term Care Ombudsman Program Definitions.
Section 173.15 | Office of State Long-Term Care Ombudsman Program.
Section 173.16 | Designation of Regional Long-Term Care Ombudsman Programs.
Section 173.17 | State Long-Term Care Ombudsman; Duties.
Section 173.18 | Regional Long-Term Care Ombudsman Program - Duties.
Section 173.19 | Investigating and Resolving Complaints.
Section 173.20 | Access to Records; Subpoena Power.
Section 173.21 | Training and Certification Programs.
Section 173.22 | Confidential Information.
Section 173.23 | Immunity; False Complaint; Representation by Attorney General.
Section 173.24 | Protection for Disciplinary or Retaliatory Action.
Section 173.25 | Cooperation and Coordination With Agencies.
Section 173.26 | Payment of Fee per Bed to Department of Aging.
Section 173.27 | Criminal Records Check of Ombudsman Applicants.
Section 173.28 | Additional Fines for Certain Violations.
Section 173.38 | Criminal Records Checks.
Section 173.381 | Permissible Actions Based on Criminal Records Check.
Section 173.39 | Community-Based Long-Term Care - Provider Certification for Payment.
Section 173.391 | Requirements for Provider Certification - Disciplinary Action.
Section 173.392 | Payment of Noncertified Provider.
Section 173.393 | Provider Evaluation Records as Public Records.
Section 173.41 | Statewide Aging and Disabilities Resource Network.
Section 173.42 | Long-Term Care Consultation Program.
Section 173.421 | Periodic or Follow-Up Long-Term Care Consultations.
Section 173.422 | Certification to Conduct Long-Term Care Consultation.
Section 173.423 | Monitoring of Home and Community-Based Services Elections.
Section 173.424 | Compliance With Federal Law.
Section 173.431 | Administration of Budget.
Section 173.432 | Care Management and Authorization Services.
Section 173.434 | Adoption of Rules.
Section 173.44 | Survey of Nursing Homes and Residential Care Facilities.
Section 173.45 | Facilities Definitions.
Section 173.46 | Long-Term Care Consumer Guide.
Section 173.47 | Customer Satisfaction Survey for Long-Term Care Facilities.
Section 173.48 | Fees for Consumer Care Guide; Long-Term Care Consumer Guide Fund.
Section 173.49 | Implementing Rules to Be Adopted by Department.
Section 173.50 | Pace Administration.
Section 173.501 | Home First Component of Pace.
Section 173.51 | Definitions for Passport and Assisted Living Programs.
Section 173.52 | Medicaid-Funded Component of Passport Program.
Section 173.521 | Home First Component.
Section 173.522 | State-Funded Component of Passport Program.
Section 173.524 | Kosher Meals.
Section 173.54 | Medicaid-Funded Component of Assisted Living Program.
Section 173.541 | Eligibility for Assisted Living Program.
Section 173.542 | Home First Component of the Assisted Living Program.
Section 173.543 | State-Funded Component of Assisted Living Program.
Section 173.544 | Eligibility Requirements for State-Funded Component of Assisted Living Program.
Section 173.546 | Needs Assessments.
Section 173.547 | Staff Requirements for Assisted Living Program Facility.
Section 173.548 | Choice of Single or Multiple Occupancy Room.
Section 173.60 | Nursing Home Quality Initiative.
Section 173.70 | Programs for the Provision of Outpatient Prescription Drug Discounts.
Section 173.95 | Best Practices to Prevent Elder Fraud and Financial Exploitation.