2006 Ohio Revised Code - 5111.67. Notice of change of operator where entering operator seeks to continue facility\'s participation.

§ 5111.67. Notice of change of operator where entering operator seeks to continue facility's participation.
 

(A)  An exiting operator or owner and entering operator shall provide the department of job and family services written notice of a change of operator if the nursing facility or intermediate care facility for the mentally retarded participates in the medicaid program and the entering operator seeks to continue the facility's participation. The written notice shall be provided to the department not later than forty-five days before the effective date of the change of operator if the change of operator does not entail the relocation of residents. The written notice shall be provided to the department not later than ninety days before the effective date of the change of operator if the change of operator entails the relocation of residents. The written notice shall include all of the following: 

(1) The name of the exiting operator and, if any, the exiting operator's authorized agent; 

(2) The name of the nursing facility or intermediate care facility for the mentally retarded that is the subject of the change of operator; 

(3) The exiting operator's medicaid provider agreement number for the facility that is the subject of the change of operator; 

(4) The name of the entering operator; 

(5) The effective date of the change of operator; 

(6) The manner in which the entering operator becomes the facility's operator, including through sale, lease, merger, or other action; 

(7) If the manner in which the entering operator becomes the facility's operator involves more than one step, a description of each step; 

(8) Written authorization from the exiting operator or owner and entering operator for the department to process a provider agreement for the entering operator; 

(9) The signature of the exiting operator's or owner's representative. 

(B)  The entering operator shall include a completed application for a provider agreement with the written notice to the department. The entering operator shall attach to the application the following: 

(1) If the written notice is provided to the department before the date the exiting operator or owner and entering operator complete the transaction for the change of operator, all the proposed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator; 

(2) If the written notice is provided to the department on or after the date the exiting operator or owner and entering operator complete the transaction for the change of operator, copies of all the executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator. 
 

HISTORY: 151 v H 66, § 101.01, eff. 7-1-05.
 

The effective date is set by § 612.18 of 151 v H 66.