LEGISLATION TO IMPLEMENT REPORT OF NURSING FACILITY ...
LEGISLATION TO IMPLEMENT THE REPORT OF
THE NURSING FACILITY REIMBURSEMENT STUDY COUNCIL
REFORM FUNDING BASE/CREATIVE WORK GROUP
ALTERNATIVE USE OF NURSING HOME BEDS
Recommendation C-1
Sec. 3721.07. Every person desiring to operate a home and the superintendent or administrator of each county home or district home for which a license as a residential care facility is sought shall apply for a license to the director of health. The director shall issue a license for the home, if after investigation of the applicant and, if required by section 3721.02 of the Revised Code, inspection of the home, the following requirements or conditions are satisfied or complied with:
(A) The applicant has not been convicted of a felony or a crime involving moral turpitude;
(B) The applicant is not violating any of the rules made by the public health council or any order issued by the director of health;
(C) The buildings in which the home is housed have been approved by the state fire marshal or a township, municipal, or other legally constituted fire department approved by the marshal. In the approval of a home such agencies shall apply standards prescribed by the board of building standards, and by the state fire marshal, and by section 3721.071 of the Revised Code.
(D) The applicant, if it is an individual, or the principal participants, if it is an association or a corporation, is or are suitable financially and morally to operate a home;
(E) The applicant is equipped to furnish humane, kind, and adequate treatment and care;
(F) The home does not maintain or contain:
(1) Facilities for the performance of major surgical procedures;
(2) Facilities for providing therapeutic radiation;
(3) An emergency ward;
(4) A clinical laboratory unless it is under the supervision of a clinical pathologist who is a licensed physician in this state;
(5) Facilities for radiological examinations unless such examinations are performed only by a person licensed to practice medicine, surgery, or dentistry in this state.
(G) The Except for alternative use space approved under section 3721.072 of the Revised Code, the home does not accept or treat outpatients, except upon the written orders of a physician licensed in this state, maternity cases, boarding children, and does not house transient guests, other than participants in an adult day-care program, for twenty-four hours or less;
(H) The home is in compliance with sections 3721.28 and 3721.29 of the Revised Code.
When the director issues a license, the license shall remain in effect until revoked by the director or voided at the request of the applicant; provided, there shall be an annual renewal fee payable during the month of January of each calendar year. Any licensed home that does not pay its renewal fee in January shall pay, beginning the first day of February, a late fee of one hundred dollars for each week or part thereof that the renewal fee is not paid. If either the renewal fee or the late fee is not paid by the fifteenth day of February, the director may, in accordance with Chapter 119. of the Revised Code, revoke the home's license.
A person whose license is revoked, and a county home or district home that has its license as a residential care facility revoked, for any reason other than nonpayment of the license renewal fee or late fees may not apply for a new license under this chapter until a period of one year following the date of revocation has elapsed.
Any applicant who is denied a license may appeal in accordance with Chapter 119. of the Revised Code.
Sec. 3721.072. (A) A nursing home may apply to the director of health for approval of an alternative use of a portion of the home. The application for approval shall include floor plans and a written description of the intended alternative use. The director shall notify the department of aging and the state long-term care ombudsman of the application and permit them to offer input into the director’s decision on it.
(B) The director shall approve an application for an alternative use submitted under division (A) of this section if all of the following criteria are met:
(1) The proposed alternative use has adequate features to ensure the safety of the residents of the nursing home;
(2) The applicant proposes to maintain accommodations for individuals who do not require skilled nursing care or personal care services in a separate and discrete part or unit of the home;
(3) The applicant proposes to maintain separate and discrete use of dining and recreational areas for individuals served by the alternative use, except if the alternative use is adult day care.
(a) The requirement for separate and discrete dining and recreational areas may be met by adhering to a schedule that gives each population a separate, adequate time in these areas.
(b) Any space not required by the rules adopted under section 3721.04 of the Revised Code for the number of beds for which the nursing home is licensed, less any beds proposed to be converted to an alternative use under this section, may be employed for the alternative use if the space is separate and discrete from the space used by nursing home residents.
(c) Sharing of dining and recreational space between the nursing home and a child care or pre-school operation is permitted, if there is some amount of dedicated recreational space for the children.
(4) The applicant proposes to maintain separate direct care staff for the nursing home and the alternative use. The applicant may propose to share maintenance, laundry, housekeeping, and dietary services.
(C) Upon approval of an application for an alternative use, any nursing home beds that are taken out of service shall remain licensed under this chapter, but if the home participates in the medicaid program, the beds shall not be used in calculating the home’s occupancy rate for purposes of sections 5111.20 to 5111.32 of the Revised Code. The home’s licensee shall continue to pay all applicable license renewal fees required by section 3721.02 of the Revised Code and franchise permit fees required by section 3721.51 of the Revised Code on beds that have been taken out of service under this division.
(D) The licensee of a nursing home may return to service beds that have been taken out of service under this section without an inspection by the director if both of the following conditions are met:
(1) The licensee notifies the director that the home will ceases to operate the alternative use;
(2) The director determines the home has an acceptable inspection history.
(E) Any capital or other costs associated with the alternative use of nursing home space under this section shall be excluded from any cost report filed for the home under section 5111.26 of the Revised Code.
(F) The departments of health and job and family services shall publicize to all nursing homes with significant vacancy rates examples of alternative uses that may be approved under this section, the payment source for these alternative uses, and the process for securing approval of an alternative use.
(G) This section does not affect any practices or procedures in existence before the effective date of this section for taking nursing home beds out of service for reasons other than establishment of an alternative use under this section.
STATE-ENDORSED, PRIVATE-SECTOR LONG-TERM CARE INSURANCE
Recommendation C-2
[Amended and New Statute]
Sec. 124.84. (A) The department of administrative services, in consultation with the superintendent of insurance and subject to division (D) of this section, shall negotiate and contract with one three or more insurance companies or health insuring corporations authorized to operate or do business in this state for the purchase of a policy policies of long-term care insurance covering all state employees who are paid directly by warrant of the auditor of state, including elected state officials. The contracts required by this division shall specify that the policy purchased from each insurance company or health insuring corporation shall have identical terms and premiums. The policies, collectively, shall be known as the “Ohio basic long-term care policy.” Any policy purchased under this division shall be negotiated and entered into in accordance with the competitive selection procedures specified in Chapter 125. of the Revised Code. As used in this section, "long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(B) Any elected state official or state employee paid directly by warrant of the auditor of state may elect to participate in any long-term care insurance policy purchased under division (A) of this section. All or any portion of the premium charged may be paid by the state. Participation in the policy may include the dependents and family members of the elected state official or state employee.
If a participant in a long-term care insurance policy under this section or section 124.841, or 124.842 leaves employment or retires, the participant and the participant's dependents and family members may, at their election, continue to participate in a policy established under this section. The Except when payment is required by section 124.841, 124.842, or section 145.581 of the Revised Code, the manner of payment and the portion of premium charged the participant, dependent, and family member shall be established pursuant to division (E) of this section.
(C) Any long-term care insurance policy purchased under this section or section 124.841 or 145.581 of the Revised Code shall provide for all of the following with respect to the premiums charged for the policy:
(1) They shall be set at the entry age of the official or employee when first covered by the policy and shall not increase except as a class during coverage under the policy.
(2) They shall be based on the class of all officials or employees covered by the policy.
(3) They shall continue, pursuant to section 145.581 of the Revised Code, after the retirement of the official or employee who is covered under the policy, at the rate in effect on the date of the official's or employee's retirement.
(D) Prior to entering into a contract with an insurance company or health insuring corporation for the purchase of a long-term care insurance policy under this section, the department shall request the superintendent of insurance to certify the financial condition of the company or corporation. The department shall not enter into the contract if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
(E) The department shall adopt rules in accordance with section 111.15 of the Revised Code governing long-term care insurance purchased under this section. All Except as provided in section 124.841, 124.842, or 145.581 of the Revised Code, all or any portion of the premium charged the participants, dependents, and family members shall be paid in such manner or combination of manners as the department determines. The rules shall establish all of the following for long-term care insurance purchased under this section:
(1) Standards for rating practices, rate schedule increases, inflation protection, contingent benefits upon lapse, non-forfeiture benefits, and elimination period.
(2) A requirement that the policy cover both facility-based and in-home care.
(3) A requirement for a minimum duration of covered benefits of three years.
(F) The department, in conjunction with the department of insurance, the department of aging, the department of job and family services, and other state agencies as appropriate, shall take actions necessary to increase the number of state employees and other individuals covered by long-term care insurance. These actions shall include, but are not limited to, all of the following:
(1) Requiring state employees who are not members of a bargaining unit to purchase long-term care insurance;
(2) Establishing mandatory purchase of long-term care insurance by employees who are members of a bargaining unit as a bargaining priority for the state in negotiating with representatives of those employees;
(3) Vigorously promoting the benefits of the “Ohio basic long-term care policy” to state employees and their families and to employers and employees in the private sector;
(4) Vigorously promoting the benefits of the federal government’s long-term care insurance program for veterans to veterans, members of the national guard, and their families;
(5) Working with organizations that represent political subdivisions to vigorously promote the benefits of the “Ohio basic long-term care policy” to political subdivisions and their employees.
In its activities under this division, the department shall use the material prepared by the department of job and family services under section 5101.76 of the Revised Code.
Sec. 124.841 (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) "Political subdivision" has the same meaning as in section 9.833 of the Revised Code.
(B) Any political subdivision may negotiate with and may contract with one or more insurance companies or health insuring corporations authorized to operate or do business in this state for the purchase of a policy of long-term care insurance covering all elected officials and employees of the political subdivision. The contract may be entered into without competitive bidding. Any elected official or employee of a political subdivision may elect to participate in any long-term care insurance policy that the political subdivision purchases under this division purchased under division (A) of section 124.84 of the Revised Code, except that the subdivision shall pay the premium for the employee’s participation in the policy to the department of administrative services in accordance with a payment schedule established by the department. The subdivision may pay the premium for the employee, or collect the premiums from the officials and employees for payment to the department.
(C) Any long-term care insurance policy entered into under this section is subject to division (C) of section 124.84 of the Revised Code.
(D) All or any portion of the premium charged may be paid by the political subdivision. The political subdivision shall establish a manner or manners of payment for participants and the political subdivision.
Sec. 124.842. (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) “Employer” has the same meaning as in section 4141.01 of the Revised Code, except that it does not include the state, its instrumentalities, its political subdivisions, and their instrumentalities.
(B) An employee of any employer who resides in this state may elect to participate in any long-term care insurance policy purchased under division (A) of section 124.84 of the Revised Code. The employer shall pay the premium for the employee’s participation in the policy to the department of administrative services in accordance with a payment schedule established by the department. The employer may pay the premium for the employee, or it may collect the premium from the employee for payment to the department.
Sec. 145.581 (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) "Retirement systems" means the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, and the state highway patrol retirement system.
(B) The public employees retirement board shall establish a long-term care insurance program consisting of the programs authorized by divisions (C) and (D) of this section. Such program may be established independently or jointly with one or more of the other retirement systems. If the program is established jointly, the board shall adopt rules in accordance with section 111.15 of the Revised Code to establish the terms and conditions of such joint participation.
(C) The board shall establish a program under which it makes long-term care insurance available through policies purchased under section 124.84 of the Revised Code to any person who participated in a policy of long-term care insurance for which the state or a political subdivision contracted under section 124.84 or 124.841 of the Revised Code and is the recipient of a pension, benefit, or allowance from the a retirement system. To implement the program under this division, the board, subject to division (E) of this section, may enter into an agreement with the insurance company, health insuring corporation, or government agency that provided the insurance. The board shall, under any such agreement, deduct the full premium charged from the person's benefit, pension, or allowance notwithstanding any employer agreement to the contrary. The board shall pay the amount of premiums so deducted to the department of administrative services as payment of the person’s premium.
Any long-term care insurance policy entered into under this division is subject to division (C) of section 124.84 of the Revised Code.
(D) (1) The board, subject to division (E) of this section, shall establish a program under which a recipient of a pension, benefit, or allowance from the system who is not eligible for such insurance under division (C) of this section may participate in a contract for long-term care insurance. Participation may include the recipient's dependents and family members.
(2) (C) The board shall adopt rules in accordance with section 111.15 of the Revised Code governing the program. The rules shall establish methods of payment for participation under this section, which may include deduction of the full premium charged from a recipient's pension, benefit, or allowance, or any other method of payment considered appropriate by the board.
(E) Prior to entering into any agreement or contract with an insurance company or health insuring corporation for the purchase of, or participation in, a long-term care insurance policy under this section, the board shall request the superintendent of insurance to certify the financial condition of the company or corporation. The board shall not enter into the agreement or contract if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
FEDERAL LAW CHANGES
Recommendations C-3, C-4, R-1
[New and Amended Statute]
Sec. 107.181. The governor shall petition the United States Congress and appropriate officials of the United States government for all of the following:
(A) Repeal of division (b)(1)(C) of 42 U.S.C.A 1396p, as amended, pertaining to estate recovery for individuals who receive medicaid benefits after using long-term care insurance benefits;
(B) Inclusion of long-term care insurance premiums as approved pre-tax expenditures in cafeteria plans established under section 125 of the United States “Internal Revenue Code;”
(C) Approval of a waiver or other form of permission to allow the department of health to operate a program for surveying nursing facilities for certification under both Title XVIII and XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that subjects nursing facilities with histories of good quality care to less stringent or less frequent surveys and nursing facilities with histories of poor quality care to more stringent or more frequent surveys. The waiver or other permission described in this division may be a pilot project that applies to certification under both Title XVIII and XIX. The department shall consult with representatives of nursing facilities, consumers, and other interested parties in developing the application for a waiver or other permission and any supplementary materials.
Sec. 5111.18. (A) As used in this section and in section 5111.181 [5111.18.1] of the Revised Code, "resources" has the meaning given in rules adopted under division (B) of section 5111.011 of the Revised Code.
(B) If it determines that such action would not violate any federal statute or regulation or receives from the United States department of health and human services a waiver of any federal requirement that would otherwise be violated, the department of job and family services shall establish the Ohio long-term care insurance program, unless the director of job and family services determines that appropriations made by the general assembly for the program are not sufficient to operate and evaluate the program. If established, the program shall begin not sooner than July 1, 1994.
Notwithstanding sections 5101.58, 5101.59, 5111.01, 5111.11, and divisions (C) and (F) of section 5111.011 of the Revised Code, the income and resources of an individual covered by a long-term care insurance policy described in division (C)(1) or (2) of this section shall be excluded in accordance with division (C) of this section from any determination of the individual's eligibility for the medical assistance program and from determination of any amount to be recovered by the state for payments under the medical assistance program for services correctly provided to the individual.
Resources excluded under this division are not subject to recovery under section 5101.58, to assignment under section 5101.59, or to a lien under section 5111.111 of the Revised Code. Divisions (D) and (E) of section 5111.011 of the Revised Code continue to apply to the resources of individuals covered by certified policies that are not resources excluded under this section.
(C) The exclusion provided by division (B) of this section shall apply throughout the life of the covered individual. The department of job and family services shall exclude resources in amounts equal to if long-term care insurance benefits paid under either of the following that are used to pay for at least three years of services rendered on or after the date the Ohio long-term care insurance program begins that are covered by the medical assistance program:
(1) Any long-term care insurance policy or certificate delivered or issued for delivery prior to the date the program begins;
(2) A long-term care insurance policy or certificate delivered or issued for delivery on or after the date the program begins that meets the requirements in section 3923.50 of the Revised Code.
The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code establishing procedures for insurers to notify the department of long-term care benefits paid.
NO-LIFT PROGRAM
Recommendation C-5
[New and Amended Statute]
This recommendation also requires an appropriation moving money from other accounts into the Long-Term Care Loan Fund.
Sec. 4123.441 (A) The bureau of workers’ compensation shall establish the long-term care loan fund. The purpose of the fund shall be to provide no-interest loans to nursing homes to implement no-lift programs.
(B) As used in this section:
(1) “Nursing home” has the same meaning as in section 3721.01 of the Revised Code;
(2) “No-lift program” means a policy prohibiting manual lifting of residents in a nursing home, together with mechanical lifting equipment, fast electric beds, and training in moving residents by other means than manual lifting as needed to implement the policy.
(C) The bureau shall accept applications from nursing homes for loans from the long-term care loan fund. The application shall include information prescribed by the bureau describing the home’s proposed no-lift program and the cost of implementing the program. No nursing home may apply for more than one loan under this section.
(D) A nursing home that receives a loan under this section shall repay the loan within five years after the loan is granted, in accordance with a schedule prescribed by the bureau. The bureau shall not charge interest on the loan, but may charge late fees for payments not made in accordance with the schedule. If a home defaults on its obligation to repay a loan made under this section, the bureau may take any action authorized by law to collect the debt.
(E) A nursing home that participates in the medicaid program under Chapter 5111. of the Revised Code and that receives a loan under this section shall report the expenditures for its no-lift program on its cost reports filed under section 5111.26 of the Revised Code.
(F) No later than ninety days after the effective date of this section, and in accordance with Chapter 119. of the Revised Code, the bureau shall adopt rules necessary to administer this section. The rules shall include, but are not limited to, all of the following:
(1) Features of a no-lift program that are required to qualify for a loan under this section;
(2) Information that must be contained in an application for a loan under this section;
(3) Criteria for prioritizing loan applications for approval.
Sec. 4723.07. In accordance with Chapter 119. of the Revised Code, the board of nursing shall adopt and may amend and rescind rules that establish all of the following:
(A) Provisions for the board's government and control of its actions and business affairs;
(B) Minimum curricula and standards for nursing education programs that prepare graduates to be licensed under this chapter and procedures for granting, renewing, and withdrawing approval of those programs. The curricula and standards shall require instruction in moving patients without manual lifting;
(C) Criteria that applicants for licensure must meet to be eligible to take examinations for licensure;
(D) Standards and procedures for renewal of the licenses and certificates issued by the board;
(E) Standards for approval of continuing nursing education programs and courses for registered nurses, licensed practical nurses, certified registered nurse anesthetists, clinical nurse specialists, certified nurse-midwives, and certified nurse practitioners. The standards may provide for approval of continuing nursing education programs and courses that have been approved by other state boards of nursing or by national accreditation systems for nursing, including, but not limited to, the American nurses' credentialing center and the national association for practical nurse education and service.
(F) Standards that persons must meet to be authorized by the board to approve continuing nursing education programs and courses and a schedule by which that authorization expires and may be renewed;
(G) Requirements, including continuing education requirements, for restoring inactive nursing licenses, dialysis technician certificates, and community health worker certificates, and for restoring nursing licenses, dialysis technician certificates, and community helath worker certificates that have lapsed through failure to renew;
(H) Conditions that may be imposed for reinstatement of a nursing license, dialysis technician certificate, or community health worker certificate following action taken under section 3123.47, 4723.28, 4723.281, or 4723.86 of the Revised Code resulting in a license or certificate suspension;
(I) Standards for approval of peer support programs for persons who hold a nursing license, dialysis technician certificate, or community health worker certificate;
(J) Requirements for board approval of courses in medication administration by licensed practical nurses;
(K) Criteria for evaluating the qualifications of an applicant for a license to practice nursing as a registered nurse or licensed practical nurse, a certificate of authority issued under division (E) of section 4723.41 of the Revised Code, a dialysis technician certificate, or a community health worker certificate by the board's endorsement of the applicant's authority to practice issued by the licensing agency of another state;
(L) Universal blood and body fluid precautions that shall be used by each person holding a nursing license or dialysis technician certificate issued under this chapter who performs exposure-prone invasive procedures. The rules shall define and establish requirements for universal blood and body fluid precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp instruments;
(4) Wearing and disposal of gloves and other protective garments and devices.
(M) Standards and procedures for approving certificates of authority to practice nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, and for renewal of those certificates;
(N) Quality assurance standards for certified registered nurse anesthetists, clinical nurse specialists, certified nurse-midwives, or certified nurse practitioners;
(O) Additional criteria for the standard care arrangement required by section 4723.431 of the Revised Code entered into by a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner and the nurse's collaborating physician or podiatrist;
(P) Continuing education standards for clinical nurse specialists who are exempt under division (C) of section 4723.41 of the Revised Code from the requirement of having passed a certification examination;
(Q) For purposes of division (B)(31) of section 4723.28 of the Revised Code, the actions, omissions, or other circumstances that constitute failure to establish and maintain professional boundaries with a patient.
The board may adopt other rules necessary to carry out the provisions of this chapter. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.62. The proceeds of all fines, including interest, collected under sections 5111.35 to 5111.62 of the Revised Code shall be deposited in the state treasury to the credit of the residents protection fund, which is hereby created. Moneys in the fund shall be used for the protection of the health or property of residents of nursing facilities in which the department of health finds deficiencies, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, loans to nursing homes for the implementation of no-lift programs under section 4123.441 of the Revised Code, and reimbursement of residents for the loss of money managed by the facility under section 3721.15 of the Revised Code. The fund shall be maintained and administered by the department of job and family services under rules developed in consultation with the departments of health and aging and adopted by the director of job and family services under Chapter 119. of the Revised Code.
REGULATORY REFORM WORK GROUP
CRIMINAL BACKGROUND CHECKS
Recommendations R-2 & R-3
[Amended Statute]
Sec. 109.572. (A) (1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.
(8) On a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02 , 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section.
(9) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(C) (1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.
(E) The superintendent of the bureau of criminal identification and investigation shall do all of the following:
(1) Develop methods for querying the bureau’s databases to obtain criminal records check information by provider type;
(2) Generate a quarterly report of how many criminal records check requests, by provider type, were completed by the bureau within thirty days and how many requests were returned for illegible fingerprints;
(3) Provide training for individuals who assist in obtaining fingerprints on how to obtain legible prints and how to recognize illegible fingerprints.
(F) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code.
(3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(5) "Older adult" means a person age sixty or older.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated pursuant to rules adopted by the public health council under section 3721.04 of the Revised Code and provided by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final consideration for employment with a home or adult day-care program in a full-time, part-time, or temporary position that involves providing direct care to an older adult. "Applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of the Revised Code.
(B) (1) Except as provided in division (I) of this section, the chief administrator of a home or adult day-care program shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be employed in any position for which a criminal records check is required by this section.
(C) (1) Except as provided in rules adopted by the director of health in accordance with division (F) of this section and subject to division (C)(2) of this section, no home or adult day-care program shall employ a person in a position that involves providing direct care to an older adult if the person has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2) (a) A home or an adult day-care program may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the home or program shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a home or adult day-care program may employ conditionally an applicant who has been referred to the home or adult day-care program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section.
(b) A home or adult day-care program that employs an individual conditionally under authority of division (C)(2)(a) of this section shall terminate the individual's employment if the results of the criminal records check requested under division (B) of this section or described in division (I)(2) of this section, other than the results of any request for information from the federal bureau of investigation or the results of any request for which the bureau of criminal identification and investigation is not able to read the fingerprints, are not obtained within the period ending thirty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(1) of this section, the home or program shall terminate the individual's employment unless the home or program chooses to employ the individual pursuant to division (F) of this section. Termination of employment under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the home or program about the individual's criminal record.
(D) (1) Each home or adult day-care program shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section.
(2) A home or adult day-care program may charge an applicant a fee not exceeding the amount the home or program pays under division (D)(1) of this section. A home or program may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment;
(b) The medical assistance program established under Chapter 5111. of the Revised Code does not reimburse the home or program the fee it pays under division (D)(1) of this section.
(E) The report of any criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the home or program requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that provides direct care to older adults that is owned or operated by the same entity that owns or operates the home or program;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1) or (2) of this section.
(F) In accordance with section 3721.11 of the Revised Code, the director of health shall adopt rules to implement this section. The rules shall specify circumstances under which that a home or adult day-care program may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards if the conviction or guilty plea occurred longer ago than the time set by the director for that offense. The rules adopted under this division may specify offenses for which there is no such time period.
(G) The chief administrator of a home or adult day-care program shall inform each individual, at the time of initial application for a position that involves providing direct care to an older adult, that the individual is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a home or adult day-care program employs in a position that involves providing direct care to older adults, all of the following shall apply:
(1) If the home or program employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the home or program shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith on a conditional basis pursuant to division (C)(2) of this section, the home or program shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section;
(3) If the home or program in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the home or program shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section.
(I) (1) The chief administrator of a home or adult day-care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant if the applicant has been referred to the home or program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and both of the following apply:
(a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral;
(b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home or adult day-care program chooses to employ the individual pursuant to division (F) of this section.
(2) The chief administrator of a home or adult day-care program is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant and may employ the applicant conditionally as described in this division, if the applicant has been referred to the home or program by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home or adult-care program. If a home or adult day-care program employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home or adult day-care program, and division (C)(2)(b) of this section applies regarding the conditional employment.
MDS REFORMS
Recommendation R-4
[Amended Statute]
Sec. 5111.231. (A) (1) The department of job and family services shall determine case-mix scores for nursing facilities using data for each resident, regardless of payment source, from a resident assessment instrument specified in rules adopted in accordance with Chapter 119. of the Revised Code pursuant to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the case-mix values established by the United States department of health and human services. Except as modified in rules adopted under division (A)(1)(c) of this section, the department also shall use the grouper methodology used on June 30, 1999, by the United States department of health and human services for prospective payment of skilled nursing facilities under the medicare program established by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code that do any of the following:
(a) Adjust the case-mix values to reflect changes in relative wage differentials that are specific to this state;
(b) Express all of the case-mix values in numeric terms that are different from the terms specified by the United States department of health and human services but that do not alter the relationship of the case-mix values to one another;
(c) Modify the grouper methodology as follows:
(i) Establish a different hierarchy for assigning residents to case-mix categories under the methodology;
(ii) Prohibit the use of the index maximizer element of the methodology;
(iii) Incorporate changes to the methodology the United States department of health and human services makes after June 30, 1999;
(iv) Make other changes the nursing facility reimbursement study council established by section 5111.34 of the Revised Code approves.
The director shall adopt rules in accordance with Chapter 119. of the Revised Code that eliminate all areas of section S of the resident assessment instrument except item S-12 and that permit nursing facilities to file a shorter form prescribed by the United States department of health and human services for quarterly assessments.
(2) The department shall determine case-mix scores for intermediate care facilities for the mentally retarded using data for each resident, regardless of payment source, from a resident assessment instrument and grouper methodology prescribed in rules adopted in accordance with Chapter 119. of the Revised Code and expressed in case-mix values established by the department in those rules.
(B) Not later than fifteen days after the end of each calendar quarter, each nursing facility and intermediate care facility for the mentally retarded shall submit to the department the complete assessment data, from the instrument specified in rules adopted under division (A) of this section, for each resident, regardless of payment source, who was in the facility or on hospital or therapeutic leave from the facility on the last day of the quarter.
Except as provided in division (C) of this section, the department, after the end of each calendar year and pursuant to procedures specified in rules adopted in accordance with Chapter 119. of the Revised Code, shall calculate an annual average case-mix score for each nursing facility and intermediate care facility for the mentally retarded using the facility's quarterly case-mix scores for that calendar year.
(C) (1) If a facility does not timely submit information for a calendar quarter necessary to calculate its case-mix score, or submits incomplete or inaccurate information for a calendar quarter, the department may assign the facility a quarterly average case-mix score that is five per cent less than the facility's quarterly average case-mix score for the preceding calendar quarter. If the facility was subject to an exception review under division (C) of section 5111.27 of the Revised Code for the preceding calendar quarter, the department may assign a quarterly average case-mix score that is five per cent less than the score determined by the exception review. If the facility was assigned a quarterly average case-mix score for the preceding quarter, the department may assign a quarterly average case-mix score that is five per cent less than that score assigned for the preceding quarter.
The department may use a quarterly average case-mix score assigned under division (C)(1) of this section, instead of a quarterly average case-mix score calculated based on the facility's submitted information, to calculate the facility's rate for direct care costs being established under section 5111.23 of the Revised Code for one or more months, as specified in rules adopted under division (D) of this section, of the quarter for which the rate established under section 5111.23 of the Revised Code will be paid.
Before taking action under division (C)(1) of this section, the department shall permit the facility a reasonable period of time, specified in rules adopted under division (D) of this section, to correct the information. In the case of an intermediate care facility for the mentally retarded, the department shall not assign a quarterly average case-mix score due to late submission of corrections to assessment information unless the facility fails to submit corrected information prior to the eighty-first day after the end of the calendar quarter to which the information pertains. In the case of a nursing facility, the department shall not assign a quarterly average case-mix score due to late submission of corrections to assessment information unless the facility fails to submit corrected information prior to the earlier of the eighty-first day after the end of the calendar quarter to which the information pertains or the deadline for submission of such corrections established by regulations adopted by the United States department of health and human services under Titles XVIII and XIX of the Social Security Act.
(2) If a facility is paid a rate calculated using a quarterly average case-mix score assigned under division (C)(1) of this section for more than six months in a calendar year, the department may assign the facility a cost per case-mix unit that is five per cent less than the facility's actual or assigned cost per case-mix unit for the preceding calendar year. The department may use the assigned cost per case-mix unit, instead of calculating the facility's actual cost per case-mix unit in accordance with section 5111.23 of the Revised Code, to establish the facility's rate for direct care costs for the following fiscal year.
(3) The department shall take action under division (C)(1) or (2) of this section only in accordance with rules adopted under division (D) of this section. The department shall not take an action that affects rates for prior payment periods except in accordance with sections 5111.27 and 5111.28 of the Revised Code.
(D) The director may adopt rules in accordance with Chapter 119. of the Revised Code that do any of the following:
(1) Specify the medium or media through which the completed assessment information shall be submitted;
(2) Establish procedures under which the department will review assessment information for accuracy and notify the facility of any information that requires correction;
(3) Establish procedures for facilities to correct assessment information. The procedures may prohibit an intermediate care facility for the mentally retarded from submitting corrected assessment information, for the purpose of calculating its annual average case-mix score, more than two calendar quarters after the end of the quarter to which the information pertains or, if the information pertains to the quarter ending the thirty-first day of December, after the thirty-first day of the following March. The procedures may limit the content of corrections by nursing facilities in the manner required by regulations adopted by the United States department of health and human services under Titles XVIII and XIX of the Social Security Act and prohibit a nursing facility from submitting corrected assessment information, for the purpose of calculating its annual average case-mix score, more than the earlier of the following:
(a) Two calendar quarters after the end of the quarter to which the information pertains or, if the information pertains to the quarter ending the thirty-first day of December, after the thirty-first day of the following March;
(b) The deadline for submission of such corrections established by regulations adopted by the United States department of health and human services under Titles XVIII and XIX of the Social Security Act.
(4) Specify when and how the department will assign case-mix scores or costs per case-mix unit under division (C) of this section if information necessary to calculate the facility's average annual or quarterly case-mix score is not provided or corrected in accordance with the procedures established by the rules. Notwithstanding any other provision of sections 5111.20 to 5111.32 of the Revised Code, the rules also may provide for exclusion of case-mix scores assigned under division (C) of this section from calculation of the facility's annual average case-mix score and the maximum cost per case-mix unit for the facility's peer group.
CERTIFIED MEDICATION AIDES
Recommendation R-5
[New Statute]
Sec. 4723.51. (A) The board of nursing shall conduct a trial program in five regions of the state for the certification of no more than one thousand medication aides and the approval of medication aide training programs to serve persons in licensed nursing homes and residential care facilities. The purpose of the trial program is to determine whether certified medication aides can safely and efficiently administer routine medications in licensed nursing homes and residential care facilities. A medication aide shall not administer schedule I or injectable drugs.
(B) Approved training programs shall, through contract or other agreement, provide remuneration to the board of nursing for administrative and other costs associated with oversight of the medication aide program.
(C) In order to participate in the trial program, medication aides shall make application and obtain training and certification as provided in this section and shall be subject to all other rules pertaining to medication aides adopted by the board of nursing under Chapter 119. of the Revised Code no later than ninety days after the effective date of this section.
(D) An advisory committee, appointed by the board of nursing, shall oversee the trial program, advise the board on the implementation of the program and make recommendations to the board of nursing on the board's evaluation of the program. The advisory committee shall be composed of individuals with expertise in long-term care, including at least one representative from the Scripps gerontology center at Miami university, the department of health, and the Ohio nurses association.
(E) After considering the recommendations of the advisory committee, the board of nursing shall evaluate the trial program and submit a report and recommendations for continuing the program to the governor, the speaker of the house of representatives, and the president of the senate no later than December 15, 2005. A person shall not serve as a medication aide without completing a training program approved by the board of nursing. Unless a resolution to the contrary is adopted by both houses of the general assembly within ninety days after delivery of the report required by this division, the medication aide program shall become permanent and statewide and the limitation of one thousand certified medication aides shall no longer apply. Rules adopted by the board of nursing under division (C) of this section shall continue to apply to the permanent program unless amended or rescinded by the board.
(F) As used in this section, "medication aide" means a person who, under supervision of a licensed registered nurse in licensed nursing homes and residential care facilities, is permitted to administer routine medications according to rules adopted by the board of nursing under division (C) of this section.
(G) Public programs participating in the trial program shall not supplant or replace existing registered nurses with medication aides. A licensed nurse shall be on site to provide supervision of medication aides participating in the trial program.
SUPPLEMENTAL STAFFING AGENCY LICENSURE
Recommendation R-6
[New Statute]
Sec. 3728.01. As used in this chapter:
(A) “Health care staffing agency” means any person that furnishes to a health care provider, directly or through arrangements with other persons, for remuneration by the provider, nurses or aides who are employed by or under contract with the agency and are to be used by the provider as temporary staff. “Health care staffing agency” does not include a person that furnishes nurses or aides exclusively to related health care providers.
(B) “Health care provider” means a long-term care facility, hospital, home health agency, or any other entity engaged in providing health care services.
(C) “Nurse” means an individual licensed to practice nursing as a registered nurse or a licensed practical nurse under Chapter 4723. of the Revised Code.
(D) “Aide” means either of the following:
(1) A nurse aide as defined in section 3721.21 of the Revised Code;
(2) An individual who provides nursing and nursing-related services for a health care provider that is not a long-term care facility, including a home health aide or a hospital aide.
(E) “Long-term care facility” means any of the following:
(1) A long-term care facility as defined in section 3721.21 of the Revised Code;
(2) An intermediate care facility for the mentally retarded as defined in section 5111.20 of the Revised Code;
(3) A residential care facility as defined in section 3721.01 of the Revised Code.
(F) “Home health agency” has the same meaning as in section 3701.88 of the Revised Code.
(G) “Hospital” has the same meaning as in section 3727.01 of the Revised Code.
Sec. 3728.02. No person shall operate a health care staffing agency without a valid license issued by the department of health under section 3728.05 of the Revised Code. Each separate location where a health care staffing agency conducts business shall have a separate license.
Sec. 3728.03. The public health council shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary for the administration and enforcement of this chapter, including but not limited to the following:
(A) Fees for initial and renewal licensure of health care staffing agencies;
(B) Requirements for liability insurance coverage for health care staffing agencies;
(C) Procedures for health care staffing agencies to check the licensure status of nurses that the agencies furnish to health care providers;
(D) Procedures for health care staffing agencies to ensure that aides that the agencies furnish to long-term care facilities do not have findings of abuse, neglect, or misappropriation entered against them;
(E) Requirements for quality assurance programs maintained by health care staffing agencies, in addition to the requirements specified by division (F) of section 3728.06 of the Revised Code
Sec. 3728.04. (A) Any person operating a health care staffing agency ninety days after the effective date of this section, and any person desiring to begin operating a health care staffing agency after that date, shall apply to the department of health for a license.
(B) The license application shall contain the information specified by the department and shall be accompanied by the fee established in rules adopted under section 3728.03 of the Revised Code
(C) Each health care staffing agency licensed under section 3728.05 of the Revised Code shall renew the license annually, in accordance with procedures specified by the department of health. The agency shall pay the renewal fee established in rules adopted under section 3728.03 of the Revised Code.
(D) A license issued under this section is effective for a period of one year from the date of its issuance unless the license is revoked or suspended under section 3728.05 of the Revised Code or the health care staffing agency is sold or ownership or management is otherwise transferred. When a health care staffing agency is sold or ownership or management is otherwise transferred, the agency’s license is voided automatically and the new owner or operator may apply for a new license.
Sec. 3728.05. (A) The department of health shall issue a license for a health care staffing agency if it makes the following determinations:
(1) The agency has filed a complete and accurate license application and has paid the license fee;
(2) The agency has certified that it will comply with this chapter and the rules adopted thereunder;
(3) Neither the person applying for the license nor anyone else involved in the operation of the health care staffing agency has been excluded from participation in the medicare or medicaid programs.
(4) The agency has supplied evidence that it has obtained liability insurance complying with the rules adopted under section 3728.03 of the Revised Code.
(B) The department of health shall renew a license for a health care staffing agency if it makes the following determinations:
(1) The agency has filed a complete and accurate renewal application and has paid the renewal fee;
(2) The agency is in compliance with the requirements of this chapter and the rules adopted thereunder;
(3) The agency has supplied evidence that it continues to maintain liability insurance coverage complying with the rules adopted under section 3728.03 of the Revised Code.
(C) In accordance with Chapter 119. of the Revised Code, the department may take either of the following actions against a health care staffing agency that is not in compliance with this chapter or the rules adopted thereunder:
(1) Deny, revoke, or suspend the agency’s license. The department may suspend the agency’s license prior to and during the pendency of any proceedings under Chapter 119. of the Revised Code;
(2) Impose a civil money penalty of up to ten thousand dollars for each day the agency is out of compliance with this chapter or the rules adopted thereunder.
(D) The department of health may conduct any investigations, and review any records of a health care staffing agency, that the department deems necessary to determine whether the agency is in compliance with this chapter and the rules adopted thereunder.
(E) Any person operating a health care staffing agency whose license has not been renewed or has been revoked because of noncompliance with sections 3728.01 to 3728.99 of the Revised Code shall not be eligible to apply for and shall not be granted a license for five years following the effective date of the nonrenewal or revocation.
(F) The director shall not issue or renew a license for a health care staffing agency if any person involved in management or operation of the agency was involved in operating a health care staffing agency whose license was not renewed or was revoked within the preceding five years.
Sec. 3728.06. Each health care staffing agency shall comply with the following requirements:
(A) The agency shall ensure that any nurse whom the agency furnishes to a health care provider possesses a valid license to practice in this state. The agency shall disclose any knowledge that it has of any disciplinary action by the board of nursing or by a licensure board in another state that has been imposed or is pending against the nurse. The agency shall establish procedures, in accordance with rules adopted under section 3728.03 of the Revised Code, for periodically checking the licensure status of any nurses that it furnishes to health care providers.
(B) The agency shall ensure that any nurse or aide furnished by the agency to a health care provider meets any requirements for health screening established by the laws applicable to the health care provider. Any nurse or aide furnished to a long-term care facility shall meet the health screening requirements established by the rules adopted by the public health council under Chapter 3721. of the Revised Code.
(C) The agency shall ensure that any nurses or aides furnished by the agency meet any requirements for criminal records checks established by the laws applicable to the health care provider.
(D) The agency shall ensure that no person involved in the operation of the agency or otherwise working for the agency has been excluded from participation in the medicare or medicaid programs.
(E) The agency shall ensure that any aide furnished by the agency to a nursing facility meets the following requirements:
(1) The aide is listed in good standing on the nurse aide registry established under section 3721.32 of the Revised Code;
(2) There has not been a finding of abuse, neglect, or misappropriation entered against the aide as provided in section 3721.23 of the Revised Code. The agency shall have a procedure, in accordance with rules adopted under section 3728.03 of the Revised Code, for periodically checking that aides that it furnishes do not have findings entered against them;
(3) The aide has had in-service education meeting the requirements established by rules adopted under section 3721.29 of the Revised Code. The health care staffing agency shall be responsible for ensuring that the aide receives in-service education sufficient for continual compliance with those requirements. The agency shall ensure that any nurses or aides furnished to nursing facilities had orientation and competency testing prior to placement that meets the requirements of rules adopted by the department under Chapter 3721. of the Revised Code and shall provide documentation of the orientation and testing at time of the first assignment.
(F)(1) The agency shall supply any person or government agency, upon request, documentation of its licensure status.
(2) The agency shall supply each health care provider to which it supplies nurses or aides with documentation that each nurse or aide furnished to the provider meets the requirements of divisions (a) to (d) of this section. The documentation shall be supplied at or before the time the nurse or aide first reports to work for the provider. If the agency subsequently furnishes the same nurse or aide to the same provider, the agency shall supply documentation of any changes or updates to the documentation it previously supplied.
(3) The agency shall supply each health care provider to which it furnishes nurses or aides with documentation that the agency has policies and procedures prohibiting mistreatment, neglect, and abuse of residents and misappropriation of resident property as specified in 42 C.F.R. section 483.13. The agency also shall provide the documentation to the department of health upon request.
(G) The agency shall ensure that any nurses or aides it furnishes to a home health agency meet the applicable requirements for home health agency personnel established by regulations adopted by the United States secretary of health and human services under the Title XVIII of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
(H) The agency shall maintain a quality assurance program, in accordance with rules adopted under section 3728.03 of the Revised Code, which includes all of the following:
(1) A mechanism for the agency to receive and investigate complaints by health care providers to whom the agency has furnished nurses or aides. In the case of an action which must be reported to the board of nursing under section 4723.34 of the Revised Code, the agency shall report to the board;
(2) Periodic performance reviews of nurses or aides furnished by the agency, including on-site performance observation by supervisory personnel of the agency and requirements for remedial education to address any deficiencies identified during the review;
(3) Procedures for the agency to discipline a nurse or aide furnished by the agency who abuses, neglects, or otherwise mistreats any person in connection with the provision of health care services and procedures for the agency to report any such acts to the appropriate government authorities and to any health care providers to which the agency subsequently furnishes the nurse or aide. The procedures shall provide that the agency will not furnish a nurse or aide who is currently under investigation for abuse, neglect, or mistreatment to any health care provider other than the health care provider for which the nurse or aide was working at the time of the alleged incident.
(I) The agency shall ensure that nurses and aides furnished by the agency provide services in accordance with professionally recognized standards of care.
(J) The agency shall provide workers compensation coverage for the nurses and aides it furnishes.
(K) The agency shall not restrict in any manner the employment opportunities of individual workers.
(L) The agency shall not, in any contract with any individual or health care facility, require the payment of liquidated damages, employment fees, or other compensation if the individual is hired as a permanent employee of a health care facility.
(M) The agency shall ensure that each temporary employee provided to a health care provider is an employee of the agency and is not an independent contractor.
(N) The agency shall ensure that the number of temporary employees assigned to a health care provider is maintained and shall furnish any necessary replacements.
Sec. 3728.99. Whoever violates section 3728.02 of the Revised Code shall be fined five hundred dollars for a first offense. For each subsequent offense, the violator shall be fined ten thousand dollars.
ELIGIBILITY WORK GROUP
STUDIES
Recommendations E-1, E-4, E-6, E-7
[New Statute]
Sec. 5101.77. The department of job and family services shall conduct all of the following studies and report the results to the governor, the speaker of the house of representatives, and the president of the senate no later than December 31, 2005:
(A) A study of the prevalence of the use of financial planning by individuals to obtain medicaid eligibility for long-term care services and of potential changes to the state’s process and standards for medicaid eligibility for long-term care services and for recovery from the estates of medicaid recipients that would reduce the state’s expenditures for medicaid long-term care services. In conducting the study, the department shall contract with the center for long-term care financing.
(B) A study of the state’s ability to raise the asset limit for medicaid coverage of long-term care services under home and community-based waivers from one thousand five hundred dollars to ten thousand dollars, including the need for any federal waivers or other approvals to authorize the increase.
(C) A study of the cost-effectiveness of the pre-admission screening and resident review process required by division (b)(3)(F) of 42 U.S.C.A. 1396r, as amended, and the ability of the state to obtain a waiver or other federal approval needed to cease operating the process.
(D) A study of the advisability of requiring annual re-determination of the level of care of individuals receiving medicaid benefits for long-term care services.
In conducting the studies required by this section, the department shall consult with other state agencies and with representatives of long-term care consumers and providers.
DEFINITION OF ESTATE
Recommendation E-2
[Amended Statute]
Sec 5111.11. (A) As used in this section, "estate" means all property to be administered under Title XXI of the Revised Code and property that would be administered under that title if not for section 2113.03 or 2113.031 of the Revised Code in which an individual had any legal title or interest at the time of death, including assets passed outside probate.
(B) For the purpose of recovering the cost of services correctly paid under the medical assistance program to a recipient age fifty-five or older, the department of job and family services shall institute an estate recovery program against the property and estates of medical assistance recipients to recover medical assistance correctly paid on their behalf to the extent that federal law and regulations permit the implementation of a program of that nature. The department shall seek to recover medical assistance correctly paid only after the recipient and the recipient's surviving spouse, if any, have died and only at a time when the recipient has no surviving child who is under age twenty-one or blind or permanently and totally disabled.
The department may enter into a contract with any person under which the person administers the estate recovery program on behalf of the department or performs any of the functions required to carry out the program. The contract may provide for the person to be compensated from the property recovered from the estates of medical assistance recipients or may provide for another manner of compensation agreed to by the person and the department. Regardless of whether it is administered by the department or a person under contract with the department, the program shall be administered in accordance with applicable requirements of federal law and regulations and state law and rules.
(C) The department may waive seeking recovery of medical assistance correctly paid if the director of job and family services determines that recovery would work an undue hardship. The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules establishing procedures for waiver of recovery due to an undue hardship, which shall meet the standards specified by the United States secretary of health and human services under 42 U.S.C. 1396p(b)(3), as amended.
(D) Any action that may be taken by the department under section 5111.111 of the Revised Code may be taken by a person administering the program, or performing actions specified in that section, pursuant to a contract with the department.
DIVERSION OF RESIDENT RESOURCES
Recommendation E-3
[Amended Statute]
Sec. 2913.02. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(B) (1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division (B)(3), (4), (5), or (6) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more and is less than five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million dollars or more, a violation of this section is aggravated theft of one million dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5), or (6) of this section, if the victim of the offense is an elderly person or disabled adult, a violation of this section is theft from an elderly person or disabled adult, and division (B)(3) of this section applies. Theft from an elderly person or disabled adult includes failure by an individual who receives resources on behalf of an elderly person or disabled adult who is a medicaid recipient of long-term care services to pay the resources to the provider of those services. Except as otherwise provided in this division, theft from an elderly person or disabled adult is a felony of the fifth degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, theft from an elderly person or disabled adult is a felony of the fourth degree. If the value of the property or services stolen is five thousand dollars or more and is less than twenty-five thousand dollars, theft from an elderly person or disabled adult is a felony of the third degree. If the value of the property or services stolen is twenty-five thousand dollars or more and is less than one hundred thousand dollars, theft from an elderly person or disabled adult is a felony of the second degree. If the value of the property or services stolen is one hundred thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft, a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. The offender shall serve the prison term consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.
(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.
(7) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
(a) Unless division (B)(7)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;
(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(7)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.
(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(7) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.
EDUCATION ON LONG-TERM CARE OPTIONS
Recommendations E-8, C-2
[Amended and New Statute]
Sec. 173.01. The department of aging shall:
(A) Be the designated state agency to administer programs of the federal government relating to the aged, requiring action within the state, that are not the specific responsibility of another state agency under federal or state statutes. The department shall be the sole state agency to administer funds granted by the federal government under the “Older Americans Act of 1965,” 79 Stat. 219, 42 U.S.C. 3001, as amended. The department shall not supplant or take over for the counties or municipal corporations or from other state agencies or facilities any of the specific responsibilities borne by them on November 23, 1973. The department shall cooperate with such federal and state agencies, counties, and municipal corporations and private agencies or facilities within the state in furtherance of the purposes as set forth in this chapter.
(B) Administer state funds appropriated for its use for administration and for grants and may use appropriated state funds as state match for federal grants. All federal funds received shall be reported to the director of budget and management.
Review all proposed plans, programs, and rules primarily affecting persons sixty years of age or older, and shall be sent a copy of all proposed and final rules, as well as proposals for plans and programs that primarily affect persons sixty years of age or older and notices of all hearings on such rules, plans, and programs. Any state agency proposing a plan, program, or rule that primarily affects persons sixty years of age or older shall submit a copy of such proposal to the department for its written comments. No such proposed plan, program, or rule shall take effect until the department’s comments have been requested. The department shall review the proposal and submit a written comment on such proposal to the agency making the proposal, within thirty days from the date the department receives the proposal. If the department does not agree that the proposed plan, program, or rule shall take effect as proposed, the department shall set forth in writing its reasons and its suggestions for changes in the proposed plan, program, or rule. If the agency making the proposal does not choose to comply with the suggestions of the department, the agency making the proposal shall send the department, no later than thirty days before the proposal becomes final, written notice of its intention not to comply with such suggestions and its reason for such noncompliance.
This section does not apply to plans or revisions adopted under section 5101.46 of the Revised Code.
(D) Plan, initiate, coordinate, and evaluate statewide programs, services, and activities for elderly people;
(E) Disseminate information concerning the problems of elderly people and establish and maintain a central clearinghouse of information on public programs at all levels of government that would be of interest or benefit to the elderly. In implementing this division, the department shall do both of the following:
(1) Develop methods of providing education to the public on all available long-term care services and options, including methods that are targeted directly to individuals who may be in need of long-term care services and their families and to health care professionals who work with those individuals and families;
(2) Include in the education provided under division (E)(1) of this section the information prepared by the department of job and family services under section 5101.76 of the Revised Code;
(F) Report annually to the governor and the general assembly on the department’s programs;
(G) Have authority to contract with public or private groups to perform services for the department;
(H) Conduct investigations under section 3721.17 of the Revised Code;
(I) Hire investigators to conduct investigations of alleged violations of sections 3721.10 to 3721.17 of the Revised Code pursuant to section 3721.17 of the Revised Code;
(J) Adopt rules under Chapter 119. of the Revised Code to govern investigations conducted under section 3721.17 of the Revised Code;
(K) Adopt rules pursuant to Chapter 119. of the Revised Code to govern the operation of services and facilities for the elderly that are provided, operated, contracted for, or supported by the department, and determine that those services and facilities are operated in conformity with the rules;
(L) Determine the needs of the elderly and represent their interests at all levels of government;
(M) Establish and operate a long-term care ombudsman program pursuant to section 307(a)(12)(A) of the “Older Americans Act of 1965,” as amended by the “Comprehensive Older Americans Act Amendments of 1978,” 92 Stat. 1524, 42 U.S.C. 3027, and amendments thereto.
Sec. 5101.76. The department of job and family services shall prepare and periodically update information explaining both of the following:
(A) The advantages of purchasing long-term care insurance, including that long-term care insurance can keep an individual from requiring medicaid long-term care services;
(B) The detriments to the individual and to the taxpayers of the state of utilizing medicaid to pay for long-term care services.
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