Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) If the operation of a nursing home is assigned or transferred to a different person, the person to whom the operation is assigned or transferred must, before the director of health may issue a license authorizing the person to operate the nursing home, submit to the director documentation showing that the person meets all of the following requirements:
(1) Unless the assignment or transfer is in the form of a lease of the nursing home, the person has financial resources that the director determines are sufficient to cover any reasonably anticipated revenue shortfall for at least twelve months after the assignment or transfer.
(2) If the assignment or transfer is in the form of a lease of the nursing home, either of the following applies to the person:
(a) The person has obtained a bond that has a term of at least twelve months, has an annual renewal, and is for an amount not less than one million dollars.
(b) If the person is unable to obtain a bond that meets the requirements of division (A)(2)(a) of this section at a cost the director determines to be reasonable or operates other nursing homes in this state, the person has financial resources that the director determines are sufficient to cover any reasonably anticipated revenue shortfall for at least twelve months after the assignment or transfer.
(3) The person has at least five years of experience as an operator, manager, or administrator of a nursing home.
(4) The person has plans for quality assurance and risk management for the nursing home.
(5) The person has general and professional liability insurance coverage that provides coverage of at least one million dollars per occurrence and three million dollars aggregate.
(B) The documentation required by divisions (A)(1) and (2)(b) of this section shall include projected financial statements for the nursing home for the twelve-month period after the assignment or transfer of the operation of the nursing home.
The documentation required by division (A)(3) of this section shall include a list of each currently or previously licensed nursing home located in this or another state in which the person has or previously had any percentage of ownership. The percentage of ownership may have been in the operation, real property, or both of the nursing home.
(C) The requirements established by this section are in addition to the other requirements established by this chapter and the rules adopted under it for a license to operate a nursing home.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.01 | Nursing Home and Residential Care Facility Definitions and Classifications.
Section 3721.011 | Skilled Nursing Care.
Section 3721.012 | Risk Agreement.
Section 3721.02 | Procedures for Inspecting and Licensing Homes - Fees.
Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.
Section 3721.022 | Establishing and Maintaining Health Standards and Serving as State Survey Agency.
Section 3721.024 | Nursing Facility Recognition Program.
Section 3721.026 | Assignment or Transfer of Operation of Nursing Home.
Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.
Section 3721.03 | Enforcement of Provisions - Revocation of License.
Section 3721.031 | Investigation of Complaint Concerning Home - Disclosure of Information.
Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.
Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.
Section 3721.041 | Vaccinations to Be Offered to Residents.
Section 3721.042 | Excluded Grounds for Denial of License.
Section 3721.05 | Operating Home Requires License - Prohibited Activities.
Section 3721.051 | County or District - Prohibited Activities.
Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.
Section 3721.07 | Requirement for Issuance of License - Revocation.
Section 3721.072 | Biennial Participation in Quality Improvement Projects.
Section 3721.08 | Injunctive Relief.
Section 3721.081 | Summary Orders.
Section 3721.09 | Local Regulations.
Section 3721.10 | Residents' Rights Definitions.
Section 3721.11 | Director to Adopt Rules.
Section 3721.12 | Duties of Nursing Home Administrator Concerning Residents' Rights.
Section 3721.121 | Criminal Records Check.
Section 3721.122 | Screening and Accommodations for Sex Offenders.
Section 3721.13 | Residents' Rights.
Section 3721.14 | Implementation of Residents' Rights.
Section 3721.141 | Notification of Benefit Eligibility.
Section 3721.15 | Authorization to Handle Residents' Financial Affairs.
Section 3721.16 | Residents' Rights Concerning Transfer or Discharge.
Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.
Section 3721.162 | Determining Whether Transfer or Discharge Complies.
Section 3721.17 | Grievance Procedure.
Section 3721.18 | Attorney General Duties.
Section 3721.19 | Nonparticipation in State Assistance Program.
Section 3721.20 | Compassionate Care Visits.
Section 3721.21 | Long-Term Care Facility Definitions.
Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.
Section 3721.23 | Investigations.
Section 3721.24 | Whistleblower Protection.
Section 3721.25 | Confidentiality.
Section 3721.26 | Adoption of Rules.
Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.
Section 3721.29 | Orientation Program - Performance Review - In-Service Education.
Section 3721.30 | Competency Evaluation Program Contents.
Section 3721.31 | Approving or Rejecting Programs.
Section 3721.32 | State Nurse Aide Registry.
Section 3721.33 | Nurse Aide Training Fund.
Section 3721.34 | Cooperation With Other Agencies.
Section 3721.35 | Unauthorized Practice of Nursing.
Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.
Section 3721.61 | Electronic Monitoring Authorization Form.
Section 3721.62 | Roommate Consent.
Section 3721.63 | Form Prescribed by Facility.
Section 3721.64 | Posted Notice.
Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.
Section 3721.66 | Tampering and Unauthorized Use.
Section 3721.68 | Law Enforcement Exception.