US Laws, Codes, Statutes & Cases

[§ 3702.14.1] § 3702.141. Application of rules to existing facility.
 

(A)  As used in this section: 

(1) "Existing health care facility" means a health care facility that is licensed or otherwise approved to practice in this state, in accordance with applicable law, is staffed and equipped to provide health care services, and actively provides health services or has not been actively providing health services for less than twelve consecutive months. 

(2) "Health care facility" and "health service" have the same meanings as in section 3702.51 of the Revised Code. 

(B)  Section 3702.14 of the Revised Code shall not be construed to require any existing health care facility that is conducting an activity specified in section 3702.11 of the Revised Code, which activity was initiated on or before March 20, 1997, to alter, upgrade, or otherwise improve the structure or fixtures of the facility in order to comply with any rule adopted under section 3702.11 of the Revised Code relating to that activity, unless one of the following applies: 

(1) The facility initiates a construction, renovation, or reconstruction project that involves a capital expenditure of at least fifty thousand dollars, not including expenditures for equipment or staffing or operational costs, and that directly involves the area in which the existing service is conducted. 

(2) The facility initiates another activity specified in section 3702.11 of the Revised Code. 

(3) The facility initiates a service level designation change for obstetric and newborn care. 

(4) The facility proposes to add a cardiac catheterization laboratory to an existing cardiac catheterization service. 

(5) The facility proposes to add an open-heart operating room to an existing open-heart surgery service. 

(6) The director of health determines, by clear and convincing evidence, that failure to comply with the rule would create an imminent risk to the health and welfare of any patient. 

(C)  If division (B)(4) or (5) of this section applies, any alteration, upgrade, or other improvement required shall apply only to the proposed addition to the existing service if the cost of the addition is less than the capital expenditure threshold set forth in division (B)(1) of this section. 

(D)  No person or government entity shall divide or otherwise segment a construction, renovation, or reconstruction project in order to evade application of the capital expenditure threshold set forth in division (B)(1) of this section. 
 

HISTORY: 147 v H 698. Eff 3-22-99; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.12 of 151 v H 66. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, rewrote (A).