2006 Ohio Revised Code - 3722.14. Grounds for transfer or discharge of resident; procedure for closing facility.

§ 3722.14. Grounds for transfer or discharge of resident; procedure for closing facility.
 

(A) (1)  Except as provided in division (A)(2) of this section, an adult care facility may transfer or discharge a resident, in the absence of a request from the resident, only for the following reasons: 

(a) Charges for the resident's accommodations and services have not been paid within thirty days after the date on which they became due; 

(b) The mental, emotional, or physical condition of the resident requires a level of care that the facility is unable to provide; 

(c) The health, safety, or welfare of the resident or of another resident requires a transfer or discharge; 

(d) The facility's license has been revoked or renewal has been denied pursuant to this chapter; 

(e) The owner closes the facility. 

(2) An adult family home may transfer or discharge a resident if transfer or discharge is required for the health, safety, or welfare of an individual who resides in the home but is not a resident for whom supervision or personal services are provided. 

(B)  The facility shall give a resident thirty days advance notice, in writing, of a proposed transfer or discharge, except that if the transfer or discharge is for a reason given in divisions (A)(2) to (5) of this section and an emergency exists, the notice need not be given thirty days in advance. The resident may request and the director of health shall conduct a hearing if the transfer or discharge is based upon division (A)(1), (2), or (3) of this section. The public health council shall adopt rules governing the procedure for conducting such a hearing. The facility shall state in the written notice the reasons for the proposed transfer or discharge. If the resident is entitled to a hearing, the written notice shall outline the procedure for the resident to follow in requesting a hearing. 
 

If the resident seeks a hearing, he shall submit a request to the director not later than ten days after receiving the written notice. The director shall hold the hearing not later than ten days after receiving the request. A representative of the director shall preside over the hearing and shall issue a written recommendation of action to be taken by the director not later than three days after the hearing. The director shall issue an order regarding the transfer or discharge not later than two days after receipt of the recommendation. The order may prohibit or place conditions on the discharge or transfer. In the case of a transfer, the order may require that the transfer be to an institution or facility specified by the director. The hearing is not subject to section 121.22 of the Revised Code. 

(C) (1)  The owner of an adult care facility who is closing the facility shall inform the director of health in writing at least thirty days prior to the proposed date of closing. At the same time, the owner or manager shall inform each resident, his guardian, his sponsor, or any organization or agency acting on behalf of the resident, of the closing of the facility and the date of the closing. 

(2) Immediately upon receiving notice that a facility is to be closed, the director shall monitor the transfer of residents to other facilities and ensure that residents' rights are protected. The director shall notify the ombudsman in the region in which the facility is located of the closing. 

(3) All charges shall be prorated as of the date on which the facility closes. If payments have been made in advance, the payments for services not rendered shall be refunded to the resident or the resident's guardian not later than seven days after the closing of the facility. 

(4) Immediately upon the closing of a facility, the owner shall surrender the license to the director, and the license shall be canceled. 
 

HISTORY: 143 v H 253. Eff 11-15-90.
 

The effective date is set by section 4 of HB 253.