2006 Ohio Revised Code - 5111.57. Order denying payment when deficiency is not corrected within 90 days or after three consecutive findings of substandard care.

§ 5111.57. Order denying payment when deficiency is not corrected within 90 days or after three consecutive findings of substandard care.
 

(A)  The department of job and family services or a contracting agency shall issue an order denying payment to a nursing facility for all medicaid eligible residents admitted to the facility on or after the effective date of the order, if the facility has failed to substantially correct within ninety days after the exit interview a deficiency or cluster of deficiencies in accordance with the plan of correction it submitted under section 5111.43 of the Revised Code, as determined by the department of health on the basis of a follow-up survey. 

(B)  The department of job and family services or contracting agency shall issue an order denying payment to a nursing facility for all medicaid eligible residents admitted to the facility on or after the effective date of the order, if during three consecutive standard surveys conducted after December 13, 1990, the department of health has found a condition of substandard care in a facility. 

(C)  An order issued under division (A) or (B) of this section shall take effect on the later of the date the facility receives the order or the date the public notice required under division (F) of section 5111.55 of the Revised Code is published. The order is subject to appeal under Chapter 119. of the Revised Code; however the order may take effect prior to or during the pendency of any hearing under that chapter. In that case, the department or agency shall provide the facility an opportunity for a hearing in accordance with section 5111.60 of the Revised Code. 
 

HISTORY: 143 v H 822 (Eff 12-13-90); 148 v H 471. Eff 7-1-2000.
 

The effective date is set by section 12(A) of HB 471.