Care-facility inspections
How nursing homes and care facilities in Ohio are inspected, licensed, and held to account.
7 laws · 8 enforcement actions · 3 guides · 2 court decisions
See the details
The laws 7
- ORC 3721.01 - Nursing home and residential care facility definitions and classifications; defines "home" (an institution, residence, or facility that provides, for more than twenty-four hours, accommodations to three or more unrelated indiv… codes.ohio.gov
- ORC 3721.02 - Procedures for inspecting and licensing homes; fees. Directs the director of health to license "homes" (nursing homes, residential care facilities, homes for the aging) and establish inspection/licensing procedures, and grants… codes.ohio.gov
- ORC 3721.03 - Enforcement of provisions; revocation of license. Empowers the director of health to enforce ORC 3721.01 to 3721.13 and 3721.99, issue orders to secure compliance with those sections and the rules adopted under them, hold hear… codes.ohio.gov
- ORC 3721.13 - Residents' rights, the operative enumeration section of the Ohio Nursing Home/Residential-Care Patients' Bill of Rights (ORC 3721.10 to 3721.18): guarantees residents a safe and clean living environment, freedom from physical/… codes.ohio.gov
- ORC 3721.99 - Penalty. Sets the director of health's civil-monetary-penalty ladder for violations of ORC 3721.01 to 3721.17: $2,000-$3,000 for a repeated no-actual-harm/potential-harm violation cited more than once in a 15-month period; codes.ohio.gov
- ORC 3712.04 - Hospice-care-program licensing: requires ODH licensure for every person or public agency proposing to provide a hospice care program (3-year license term, renewal application due at least 90 days before expiration), and author… codes.ohio.gov
- ORC 3740.02 - License requirement for home health agencies and individual "nonagency" home-health providers: bars any home health agency, or a nonagency provider, from providing (or holding itself/themselves out as providing) skilled or non… codes.ohio.gov
Know your rights 3
- Ohio Attorney General "Report Patient Abuse or Neglect" guidance page - defines patient abuse/neglect ("a care facility employee knowingly or recklessly causes physical harm to a resident or fails to give a resident needed medical services"… ohioattorneygeneral.gov
- Ohio AG public-education pamphlet, "How to recognize and report patient abuse and neglect" - walks through five Medicaid Fraud Control Unit case outcomes involving Ohio long-term-care-facility staff (a Summit County nursing-facility nurse's… ohioattorneygeneral.gov
- Ohio Attorney General's Elder Abuse Commission page - describes the Commission (established 2009) as a standing forum to improve elder-justice education, research, and awareness of elder abuse and exploitation statewide, including in long-t… ohioattorneygeneral.gov
Enforcement actions 3
- Ohio AG Medicaid Fraud Control Unit "Case Highlights" - Cassandra Gillum, the Business Office Manager at Edgewood Manor of Wellston (a licensed Ohio nursing facility, Jackson County) with access to the resident-fund management system, convi… ohioattorneygeneral.gov
- Ohio AG Medicaid Fraud Control Unit "Case Highlights" - Doniqua Jones, a nurse at a licensed nursing facility in Richfield (Summit County), convicted of Involuntary Manslaughter (felony of the third degree) in Summit County Common Pleas Cou… ohioattorneygeneral.gov
- Ohio AG Medicaid Fraud Control Unit "Case Highlights" - Benjamin Stetser, a state-tested nursing assistant at a nursing facility in Williston (Ottawa County), convicted of Patient Abuse (felony of the fourth degree) in Ottawa County Common… ohioattorneygeneral.gov
Orders & settlements 5
- OAC Chapter 3701-16, Residential Care Facility - ODH's 18-rule licensing chapter for Ohio's assisted-living category (RCFs): definitions, general provisions/prohibitions, initial/renewal/change-of-operator licensing and expedited-inspection… codes.ohio.gov
- OAC Chapter 3701-17, Nursing Homes - ODH's 26-rule (plus subsections) nursing-home licensing chapter: definitions (including "elopement" and "chemical restraint"), application of rules, initial/renewal/change-of-operator license application… codes.ohio.gov
- OAC Chapter 3701-19, Hospice Care Programs - ODH's 24-rule (plus subsection) hospice licensing chapter: definitions, applicability of licensure, initial/renewal/change-of-ownership licensing, issuance/denial/transfer/suspension/revocation o… codes.ohio.gov
- OAC Chapter 3701-60, Home Health Agencies - ODH's 11-rule licensing/enforcement chapter implementing ORC Chapter 3740: definitions, applicability, initial license application and renewal, enforcement (3701-60-04), and a detailed employee cr… codes.ohio.gov
- OAC Chapter 3701-61, Nursing Home Residents' Rights on Transfer or Discharge; Employee Background Checks - the 7-rule due-process regulation implementing ORC 3721.17's transfer/discharge protections: a resident's right to challenge a propos… codes.ohio.gov
Court decisions 2
- Cramer v. Auglaize Acres, 113 Ohio St.3d 266, 2007-Ohio-1946 (Ohio Supreme Court, decided May 9, 2007) - holds that former ORC 3721.17(I)(1) specifically abrogates political-subdivision governmental immunity and grants a cause of action to… supremecourt.ohio.gov
- Hayes v. Oakridge Home, 122 Ohio St.3d 63, 2009-Ohio-2054 (Ohio Supreme Court, decided May 7, 2009) - holds that a nursing-home admission arbitration agreement, voluntarily executed by the resident and not a precondition of admission, is no… supremecourt.ohio.gov
Official notices
None on file yet — the federal backstop still applies.