173-14-18. Referrals of complaints to other agencies

(A) All referrals made by representatives of the office shall contain the pertinent facts known to the representative and shall be subject to the confidentiality and consent requirements established in rule 173-14-16 of the Administrative Code. Any confidential information transmitted in a written document shall be marked as confidential.

(B)

(1) Representatives of the office may report any violation of provider licensing laws or standards, or medicare/medicaid certification laws or standards, discovered during the course of complaint handling to the agency responsible for enforcing those laws or standards.

(2) Representatives of the office may report any violations of professional licensing laws or standards discovered during the course of complaint handling to the appropriate professional board or organization.

(3) Representatives of the office may report any violation of the provider agreement, medicaid discrimination laws, nursing home waiting list requirements, personal needs allowance laws, medicaid covered services provisions, or facility transfer plans discovered during the course of complaint handling to the department of medicaid.

(4) To the extent permitted by federal law, a representative of the office may report to an appropriate authority any suspected violation of state law discovered during the course of an advocacy visit or investigation.

(C) Any public agency that receives a referral from a representative of the office shall acknowledge receipt of the referral within thirty days after the date on which the agency received the referral and, except as otherwise provided by law, shall notify the representative of the results of its investigation within thirty days after the date on which the agency completes its investigation.

Effective: 5/1/2018
Five Year Review (FYR) Dates: 1/30/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.22 ; 42 U.S.C. 3025(a)(1)(C), 3058g(a)(5)(D); 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.11(e)(3), 1324.11(e)(4), 1324.13(b)(1), 1324.15(b)
Rule Amplifies: 173.22 ; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.11(e)(3), 1324.19(b)
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006