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

 

3701-83-05                  Issuance,     renewal,    revocation    and     denial      of     licenses; compliance actions.

 

 

 

(A)   The director shall issue or renew a license to an HCF that submits an application for license in accordance with rule 3701-83-04 of the Administrative Code and that demonstrates to the director it meets the requirements of section 3702.30 of the Revised Code and either meets the requirements of Chapter 3701-83 of the Administrative Code or has submitted an acceptable accreditation inspection report. HCFs that have submitted an acceptable accreditation inspection report at the time of initial licensure and licensure renewal will not be required to otherwise demonstrate compliance with chapter 3701-83 of the Administrative Code. Nothing herein shall exempt any HCF from the data reporting requirements of Chapter 3701-83 of the Administrative Code, the fee requirements of paragraph (C) of rule 3701-83-04 of the Administrative Code, and any other applicable state or federal law or regulation.

 

Nothing herein shall exempt any HCF from the data reporting requirements of Chapter 3701-83 of the Administrative Code, the fee requirements of paragraph (C) of rule 3701-83-04 of the Administrative Code, and any other applicable state or federal law or regulation.

 

(1)Except as provided in paragraph (A)(2), (A)(3), or (A)(4) of this rule, HCFs that have submitted an acceptable accreditation inspection report at the time of licensure renewal will not be required to otherwise demonstrate compliance with chapter 3701-83 of the Administrative Code.

 

(2)The director may renew an ASF license without conducting an onsite survey when that ASF has submitted an approval letter that indicates the ASF is duly accredited and deemed in compliance with federal Medicare program requirements at the time of licensure renewal. The ASF shall provide the accreditation inspection report if requested by the director. The director may conduct a validation survey prior to issuing the renewal license.

 

Such accreditation may be from the joint commission on accreditation of healthcare organizations (JCAHO), accreditation association for ambulatory health care (AAAHC), or the American association for the accreditation of ambulatory surgical facilities (AAAASF).

 

(3)The director may renew an ASF license without conducting an onsite licensure survey when that ASF has been determined to be in compliance with the medicare program conditions of coverage for ambulatory surgical centers by virtue of a department conducted medicare certification within ninety days of

 

 

the licensure renewal date.

(4) The director may renew a birth center license without conducting an onsite survey when that birth center has submitted an approval letter that indicates the birth center is duly accredited by the commission for the accreditation of birth centers at the time of license renewal. The birth center shall provide the accreditation inspection report if requested by the director. The director may conduct a validation survey prior to issuing the renewal license.

(5) The director shall only issue one license of the same type at a given location for the following types of health care facilities:

(a) Ambulatory surgical facility;

(b) Freestanding inpatient rehabilitation facility;

(c) Freestanding birthing center; or

(d)Freestanding dialysis center.

(B)  Any license issued to an HCF:

(1)    Shall contain the name and address of the facility for which it was issued, the effective date of the license, and the month the HCF must apply for renewal of the license. In addition:

(a)   The license for an ambulatory surgical facility shall specify the maximum number of operating rooms;

(b)   The license for a freestanding dialysis center shall specify the maximum number of dialysis stations;

(c)   The license for a freestanding inpatient rehabilitation facility shall specify the maximum number of patient care beds;

(d)   The license for a freestanding birthing center shall specify the number of birth rooms;

(e)    The license for a freestanding or mobile diagnostic imaging center shall specify the number and type of equipment.

(f)The license for a freestanding or mobile radiation therapy center shall specify the number and type of equipment.

(2)    Is valid unless revoked or suspended pursuant to Chapter 119. of the Revised Code, or voided at the request of the owner, or the HCF fails to timely apply for a renewal in accordance with paragraph (B) of rule 3701-83-04 of the Administrative Code; and

(3)   Is valid only for the facility specified on the license at the listed address.

(C)    The director shall in accordance with Chapter 119. of the Revised Code, deny an application for a license or an application for amendment or renewal of a license if:

(1)     The HCF fails to make application for a license in accordance with rule 3701-83-04 of the Administrative Code;

(2)   Fails to demonstrate to the director that the HCF meets or continues to meet the requirements of section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code;

(3)   The director determines that the owner, administrator, or medical director is not competent or suitable to operate an HCF based on review of information pertaining to paragraphs (A)(1)(c) and (A)(1)(d) of rule 3701-83-04 of the Administrative Code.

(D)   If any HCF fails to comply with any requirements of section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code, the director shall do one or more of the following:

(1)   Provide the facility an opportunity to correct the violation;

(2)   In accordance with Chapter 119. of the Revised Code, issue an order suspending the HCF's license; or

(3)   In accordance with Chapter 119. of the Revised Code, deny, revoke, or refuse to renew the license;

(E)    In determining which of the actions to take under paragraph (D) of this rule, the director may consider all of the following factors:

(1)   The danger of serious physical or life-threatening harm to one or more patients of the health care facility;

(2)   The nature, duration, gravity, and extent of the violation;

(3)   The number, if any, of patients directly affected by the violation;

(4)   Whether the violation directly relates to patient care and the extent of the actual or potential harm to patients;

(5)   The number of staff involved;

(6)   The actions taken by the HCF to correct the violation; and

(7)   The HCF's history of compliance.

(F) The  HCF  shall  notify  the  director  within  thirty  days  of  termination  of  an accreditation.

(F)(G) In addition to any other provision of Chapter 3701-83 of the Administrative Code including paragraph (D) of this rule, if the director granted a license based on the HCF demonstrating compliance through submittal of an accreditation inspection report and one of the events listed in this paragraph occurs, the director may inspect or request additional information from the HCF to determine whether the HCF meets the requirements of section 3702.30 of the Revised Code and the applicable requirements of Chapter 3701-83 of the Administrative Code.

(1)   The HCF's accreditation is terminated;

(2)   The HCF's accreditation expires and is not renewed; or

(3) The director no longer recognizes the accrediting entity as having standards and processes equal to or exceeding those established in section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code.

(3) The director no longer recognizes the accrediting entity as having standards and processes equal to or exceeding those established in section 3702.30 of the Revised Code and Chapter 3701-83 of the Administrative Code.

If the HCF fails to demonstrate compliancethedirector may take action under paragraph (D) of this rule.

Effective:                                9/5/2002

R.C. 119.032 review dates:    2/28/2002 and 02/28/2006

CERTIFIED ELECTRONICALLY

Certification

08/26/2002 03:50 PM

Date

Promulgated Under:   119.03

Statutory Authority:   3702.13, 3702.30, 3702.31

Rule Amplifies:           3702.12, 3702.13, 3702.30,

3702.31

Prior Effective Dates: 5/23/98, 1/13/96