Ohio Administrative Code|Rule 3701-17-03 | License fee; application; issuance; revocation.

                                                
(A) The operator of a nursing home shall
		  submit an initial application and pay the application fee specified in section
		  3721.02 of the Revised Code. The initial application and the application fee
		  required under this paragraph shall be submitted to the director and the fee
		  shall be made payable to the "treasurer, state of Ohio" in the form
		  of a check or money order. The department shall deposit the fee in the state
		  treasury to the credit of the general operations fund created by section
		  3701.83 of the Revised Code, and the fee shall not be refunded.
(B) Every applicant for a license to
		  operate a nursing home shall truthfully and fully complete and submit an
		  application to the director not less than sixty days before the proposed
		  opening of the nursing home. Such application shall be made on a form
		  prescribed and furnished by the director.
(C) The initial application for a license
		  to operate a nursing home shall be accompanied by:
(1) A statement by the
			 applicant of the status of the proposed nursing home under any applicable
			 zoning ordinances or rules, or a statement by the applicant that there is no
			 zoning authority where the proposed home is to be located.
(2) A statement of
			 financial solvency at the time of initial application, on a form prescribed and
			 furnished by the director, showing that the applicant has the financial ability
			 to staff, equip, and operate the nursing home in accordance with Chapter 3721.
			 of the Revised Code, and rules 3701-17-01 to 3701-17-26 of the Administrative
			 Code, and that the applicant has sufficient capital or financial reserve to
			 cover not less than four months' operation.
(3) A statement
			 containing the following information:
(a) If the operator is an individual and owner of the business,
				the individual's name, address, and telephone number. If the operator of
				the business is owned by an association, corporation, or partnership, the
				business activity, address, and telephone number of the entity and the name of
				every person who has an ownership interest of five per cent or more in the
				entity;
(b) If the operator does not own the building or buildings or if
				the operator owns only part of the building or buildings in which the nursing
				home is housed, the name of each person who has an ownership interest of five
				per cent or more in the buildings;
(c) If the operator does not own the legal rights associated with
				the ownership and operation of the nursing homes beds, the name of each person
				who has an ownership interest of five per cent or more in the nursing home
				beds;
(d) The name and address of any nursing home and any facility
				described in divisions (A)(1)(a) and (A)(1)(c) of section 3721.01 of the
				Revised Code in which the operator or administrator, or both, have an ownership
				interest of five per cent or more or with which the operator or administrator
				have been affiliated with through ownership or employment in the five years
				prior to the date of the application;
(e) The name, business address and telephone number of the
				administrator of the nursing home, if different from the operator;
(f) The name, business address and telephone number of any
				management firm or business employed to manage the nursing home;
(g) The name, business address, and telephone number of the
				statutory agent of the operator; and
(h) The name, business address, and telephone number of the
				statutory agent of the owner of the legal rights associated with the ownership
				and operation of the nursing home beds.
(4) Copies of the
			 certificate of use required by paragraph (A) of rule 3701-17-22 of the
			 Administrative Code.
The operator or administrator shall notify the
		  director in writing of any changes in the information contained in this
		  paragraph. The operator or administrator shall provide this notification no
		  later than ten days after the change occurs.
(D) The operator of a nursing home shall
		  truthfully and fully submit a license renewal application and pay the renewal
		  fee specified in section 3721.02 of the Revised Code. The renewal application
		  and the renewal fee required under this paragraph shall be submitted using an
		  electronic system prescribed by the director. The department shall deposit the
		  fee in the state treasury to the credit of the general operations fund created
		  by section 3701.83 of the Revised Code, and the fee shall not be
		  refunded.
(E) The renewal application
		  shall:
(1) Include an update of
			 the information required under paragraphs (C)(2) and (C)(3) of this rule;
			 and
(2) Provide information
			 the director may require to assess whether the operator has violated section
			 3721.07 of the Revised Code.
The operator or administrator shall notify the
			 director in writing of any changes in the information contained in this
			 paragraph. The operator or administrator shall provide this notification no
			 later than ten days after the change occurs.
(F) The director may request additional information at any time
		  which the director determines to be necessary to assess compliance with the
		  applicable criteria, standards, and requirements established by Chapter 3721.
		  of the Revised Code and rules 3701-17-01 to 3701-17-26 of the Administrative
		  Code. The applicant shall truthfully respond and submit any additional
		  information requested by the director within sixty days of the director's
		  request unless the director specifies otherwise.
(G) The license to operate a nursing home shall be issued by the
		  director in accordance with Chapter 3721. of the Revised Code, and shall remain
		  in effect until revoked by the director or voided at the request of the
		  applicant; provided, the annual renewal fee is paid during the month of January
		  of each year. Any nursing home that does not pay its renewal fee in January
		  shall pay, beginning the first day of February, a late fee of one hundred
		  dollars for each week or part thereof that renewal fee is not paid. If either
		  the renewal fee or the late fee is not paid by the fifteenth day of February,
		  the director may, in accordance with Chapter 119. of the Revised Code, revoke
		  the nursing home's license.
(H) A license to operate a nursing home is not assignable or
		  transferable and is valid only for the operator and premises named in the
		  application except as otherwise permitted under section 3721.023 of the Revised
		  Code. If ownership of a home is assigned or transferred to a different person,
		  the new owner is responsible and liable for compliance with any notice of
		  proposed action or order issued under section 3721.08 of the Revised Code prior
		  to the effective date of the assignment or transfer.
(I) An operator who operates one or more nursing homes in more
		  than one building shall obtain a separate license for each building except if
		  such buildings are on the same lot and constitute a single nursing home, such
		  nursing home may be operated under a single license. However, no nursing home
		  shall be licensed in the same building as another nursing home.
(J) The license shall be posted in a conspicuous place in the
		  nursing home.
(K) The director may issue an order revoking a license in the
		  event the director finds, upon hearing or opportunity afforded pursuant to
		  Chapter 119. of the Revised Code, that any of the following apply to a person
		  licensed under section 3721.07 of the Revised Code:
(1) Has violated any of
			 the provisions of Chapter 3721. of the Revised Code or of rules 3701-17-01 to
			 3701-17-26 of the Administrative Code;
(2) Has violated any
			 order issued by the director;
(3) Is not, or any of its
			 principals are not suitable, morally or financially, to operate such an
			 institution;
(4) Is not furnishing
			 humane, kind, and adequate treatment and care; or
(5) Has had a
			 long-standing pattern of violations of Chapter 3721. of the Revised Code, of
			 rules 3701-17-01 to 3701-17-26 of the Administrative Code, of Chapter 3701-13
			 of the Administrative Code, or of Chapter 3701-60 of the Administrative Code
			 that has caused physical, emotional, mental, or psychosocial harm to one or
			 more residents.
(L) The director may issue an order
		  denying a license in the event the director finds after investigation of the
		  applicant and, if required by section 3721.02 of the Revised Code, inspection
		  of the home, one or more of the following conditions exist:
(1) The applicant has
			 been convicted of a felony or a crime involving moral turpitude;
(2) The applicant is
			 violating any of the rules made by the director or any order issued by the
			 director of health;
(3) The applicant has had
			 a license to operate the home revoked pursuant to section 3721.03 of the
			 Revised Code, other than division (B)(5) of section 3721.03 of the Revised
			 Code, because of any act or omission that jeopardized a resident's health,
			 welfare, or safety;
(4) The buildings in
			 which the home is housed have not been approved by the state fire marshal or a
			 township, municipal, or other legally constituted fire department approved by
			 the marshal. In the approval of a home such agencies shall apply standards
			 prescribed by the board of building standards, and by the state fire marshal,
			 and by section 3721.071 of the Revised Code;
(5) The applicant, if it
			 is an individual, or the principal participants, if it is an association or a
			 corporation, is or are not suitable financially and morally to operate a
			 home;
(6) The applicant is not
			 equipped to furnish humane, kind, and adequate treatment and care;
(7) The home maintains or
			 contains:
(a) Facilities for the performance of major surgical
				procedures;
(b) Facilities for providing therapeutic radiation;
(c) An emergency ward;
(d) A clinical laboratory unless it is under the supervision of a
				clinical pathologist who is a licensed physician in this state; or
(e) Facilities for radiological examinations unless such
				examinations are performed only by a person licensed to practice medicine,
				surgery, or dentistry in this state;
(8) The home accepts or
			 treats outpatients, except upon the written orders of a physician licensed in
			 this state, maternity cases, boarding children, or houses transient guests,
			 other than participants in an adult day-care program, for twenty-four hours or
			 less; or
(9) The home is not in
			 compliance with sections 3721.28 and 3721.29 of the Revised Code.
(M) Upon the issuance of any order of
		  revocation or denial, the person whose license is revoked or denied may appeal
		  in accordance with Chapter 119. of the Revised Code.
(N) Once the director notifies a person
		  licensed to operate a home that the license may be revoked or issues any order
		  under section 3721.03 of the Revised Code or under this rule, the person shall
		  not assign or transfer to another person or entity the right to operate that
		  home. This prohibition shall remain in effect until proceedings under Chapter
		  119. of the Revised Code concerning the order or license revocation have been
		  concluded or the director notifies the person that the prohibition has been
		  lifted.
(1) If a license is
			 revoked under this rule section, the former license holder shall not assign or
			 transfer or consent to assignment or transfer of the right to operate the home.
			 Any attempted assignment or transfer to another person or entity is
			 void.
(2) On revocation of a
			 license, the former license holder shall take all necessary steps to cease
			 operation of the home.
(O)  If, under division (B)(5) of section 3721.03 of the Revised
		  Code, the license of a person has been revoked, the director of health shall
		  not issue a license to the person or home at any time. A person whose license
		  is revoked for any reason other than nonpayment of the license renewal fee or
		  late fees may not apply for a new license under Chapter 3721. of the Revised
		  Code until a period of one year following the date of revocation has
		  elapsed.
(P) When closing a home, the operator shall provide the director
		  written notification of closure at least ninety days prior to the proposed
		  closing date. This notice shall include:
(1) An address where the
			 operator may be reached after the closing of the home;
(2) A plan for the
			 transfer and adequate relocation of all residents; and
(3) Assurances that the
			 residents will be transferred to the most integrated and appropriate facility
			 or other setting in terms of quality, services, and location, taking into
			 consideration the needs, choice, and best interests of each
			 resident.
(Q) While providing a written
		  notification of closure under paragraph (O) of this rule, the operator shall,
		  in accordance with Chapter 3701-61 of the Administrative Code, also provide
		  written notice of the proposed date of closing of the home to its residents and
		  their sponsors or legal representatives and the regional long-term care
		  ombudsperson program, designated under section 173.16 of the Revised Code,
		  serving the area where the home is located.
(R) The nursing home shall include in all official correspondence
		  with the department pertaining to the home, its name, address and license
		  number as it appears on the nursing home license.