3701-83-05.1 Compliance actions, revocation, and operating without a license.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department Of Health

Agency Name

 

Jodi Govern

Division                                                                  Contact

 

246 North High St. P.O. Box 118 Columbus OH 43216-118

614-466-4882        614-728-7813

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3701-83-05.1

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Compliance  actions,  revocation,  and  operating  without  a

license.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: SB124               General Assembly: 124           Sponsor: Jordan

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3702.13, 3702.32

5.  Statute(s) the rule, as filed, amplifies or implements: 3702.30, 3702.32

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

It is necessary to revise certain Health Care Facility rules to incorporate changes made to sections 3702.30 and 3702.32 of the Ohio Revised Code. These shanges were enacted in Senate Bill 124.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

In reference to Health Care Facilities, this new rule establishes procedures for compliance actions, revocation and operating without a license.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule incorporates references to sections of the Ohio Administrative Code and the Ohio Revised Code which is the accepted law of the State of Ohio and is readily available to affected persons.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Reference to the Ohio Administrative Code and the Ohio Revised Code is exempted pursuant to R.C. 121.71 to 121.75 (See #8).

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date

for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase expenditures.

$7,980.

The above-mentioned figure represents the average cost of a hearing ($1,330) multiplied by the estimated number (6) of hearings necessary to take enforcement actions. Hearing costs include costs for hearing officers, attorneys, and paralegals, court reporters, expert witnesses, depositions, and hearing related travel.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

The expenditures would come from the state budget appropriations line items, 440-453 and 440-606.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost of compliance by the industry would be negligible as they are already required to comply with other health care facility rules.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No