3701-83-05 Issuance, renewal, and denial of licenses.  

  • Text Box: ACTION: Original Text Box: DATE: 04/05/2013 10:05 AM

     

     

     

    NOTICE OF PUBLIC HEARINGS

     

    DATE:   Wednesday, May 8, 2013

    TIME:    2:00 P.M.

    PLACE: Basement Training Room A OHIO DEPARTMENT OF HEALTH

    35 East Chestnut Street Columbus, Ohio 43215

     

     

    In accordance with Chapter 119 of the Revised Code (R.C.), the Director (Director) of the Ohio Department of Health (ODH), or his designee, shall conduct two public rules hearings immediately following two that have previously been announced (Hearing #1- O.A.C. 3701- 17-08; and Hearing #2- O.A.C. 3701-39-02.1). Rules hearings are open to the public.

     

    HEARING #3: By authority of R.C. 3701.132, the Director proposes to amend O.A.C. rule 3701-42-03. This rule pertains to eligibility criteria and the criteria for awarding WIC contracts to vendors. ODH proposes to amend the rule to allow new applicants that have established a new location to apply during the next available scheduled application contract period, even if that location is in another region of the state. The applicant would be held to the timeframes of the contract period but the signed contract's ending date would match the location's region.

     

    HEARING #4: By authority of R.C. 3702.13 and 3702.30, the Director proposes to amend

    O.A.C. rules 3701-83-04, 3701-83-05, and 3701-83-23.1. These rules pertain to Health Care Facilities (HCF).

     

                                  sets forth the license application and renewal procedures for  HCFs; ODH proposes to amend it to remove outdated reference to adult care facilities.

     

                                 sets forth the requirements for the maintenance, issuance, renewal, and denial of a license to operate an HCF; proposed amendments clarify the documentation required for the director to issue a license without conducting an onsite inspection, accreditation, or CMS certification surveys.

     

    3701-83-23.1 sets forth requirements for service standards for end stage renal disease (ESRD) facilities. Proposed amendments remove the requirement that ESRD facilities have a written transfer agreement for hepatitis B positive patients. Instead, the rule prohibits dialysis centers from providing treatment to hepatitis B positive patients unless the centers have an isolation room or designated station or area.

     

    At the hearings, people affected by the proposed actions may appear and be heard in person, by an attorney or both; may present their positions, arguments, or contentions orally or in writing; may offer witnesses;  and may present evidence tending to show that the proposed rules, if adopted or effectuated, will be unreasonable or unlawful.    To aid in getting visitors through building security, both persons intending to testify at one or more e hearing and those simply intending to observe are encouraged to pre-register by writing the Office of the General Counsel [Rules], Ohio Department of Health, 246 North High Street, Columbus, Ohio 43215, by telephoning (614) 466-4882, or by sending an e-mail to  odhrules@odh.ohio.gov.

     

     

     

     

     

     

    Copies of the proposed rules are available on the Register of Ohio website. A link to this site may be found at http://www.odh.ohio.gov/rules/pending.aspx or from the Office of the General Counsel, Ohio Department of Health. Please FAX [(614) 564-2509], mail, or e-mail any written comments by 5:00 p.m. on May 7, 2013.

    April 3, 2013