US Laws, Codes, Statutes & Cases

§ 3702.55. Additional penalties for failing to cease activity or using equipment or facility involved in violation.
 

Except as provided in section 3702.542 [3702.54.2] of the Revised Code, a person that the director of health determines has violated section 3702.53 of the Revised Code shall cease conducting the activity that constitutes the violation or utilizing the equipment or facility resulting from the violation not later than thirty days after the person receives the notice mailed under section 3702.532 [3702.53.2] of the Revised Code or, if the person appeals the director's determination under section 3702.60 of the Revised Code, thirty days after the person receives an order upholding the director's determination that is not subject to further appeal. A person that applies for a certificate of need as described in section 3702.542 [3702.54.2] of the Revised Code shall cease conducting the activity or using the equipment or facility in accordance with the timetable established by the director of health under that section. 
 

If any person determined to have violated section 3702.53 of the Revised Code fails to cease conducting an activity or using equipment or a facility as required by this section or a timetable established under section 3702.542 [3702.54.2] of the Revised Code, or if the person continues to seek payment or reimbursement for services rendered or costs incurred in conducting the activity as prohibited by section 3702.56 of the Revised Code, in addition to the penalties imposed under section 3702.54, 3702.541, or 3702.542 [3702.54.1, or 3702.54.2] or former section 3702.543 [3702.54.3] of the Revised Code: 

(A) The director of health may refuse to include any beds involved in the activity in the bed capacity of a hospital for purposes of registration under section 3701.07 of the Revised Code; 

(B) The director of health may refuse to license, or may revoke a license or reduce bed capacity previously granted to, a maternity boardinghouse or lying-in hospital under section 3711.02 of the Revised Code; a hospice care program under section 3712.04 of the Revised Code; a nursing home, rest home, or home for the aging under section 3721.02 of the Revised Code; or any beds within any of those facilities that are involved in the activity; 

(C) A political subdivision certified under section 3721.09 of the Revised Code may refuse to license, or may revoke a license or reduce bed capacity previously granted to, a nursing home, rest home, or home for the aging, or any beds within any of those facilities that are involved in the activity; 

(D) The director of mental health may refuse to license under section 5119.20 of the Revised Code, or may revoke a license or reduce bed capacity previously granted to, a hospital receiving mentally ill persons or beds within such a hospital that are involved in the activity; 

(E) The department of job and family services may refuse to enter into a provider agreement that includes a facility, beds, or services that result from the activity. 
 

HISTORY: 146 v S 50 (Eff 4-20-95); 146 v S 156 (Eff 6-30-95); 148 v H 471. Eff 7-1-2000; 150 v H 95, § 1, eff. 9-26-03.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 3702.55 (RC § 3702.51.2, 142 v H 499; RC § 3702.55, 144 v S 233), repealed 146 v S 50, § 2, eff 4-20-95.

 

Effect of Amendments

H.B. 95, Acts 2003, effective September 26, 2003, inserted "former section" in the second paragraph; and made minor stylistic changes.