Ohio § 3702.59

§ 3702.59.

(A) The director of health shall accept for review certificate of need applications as

provided in sections 3702.592 , 3702.593 , and 3702.594 of the Revised Code . (B)(1) The director shall not approve an application for a certificate of need for the addition

of long-term care beds to an existing long-term care facility or for the development

of a new long-term care facility if any of the following apply: (a) The existing long-term care facility in which the beds are being placed has one or

more waivers for life safety code deficiencies, one or more state fire code violations,

or one or more state building code violations, and the project identified in the application

does not propose to correct all life safety code deficiencies for which a waiver has

been granted, all state fire code violations, and all state building code violations

at the existing long-term care facility in which the beds are being placed; (b) During the sixty-month period preceding the filing of the application, a notice of

proposed license revocation was issued under section 3721.03 of the Revised Code for the existing long-term care facility in which the beds are being placed or a

nursing home owned or operated by the applicant or a principal participant, unless

in the case of such a nursing home the notice was issued solely because the nursing

home had already closed or ceased operations. (c) During the period that precedes the filing of the application and is encompassed

by the three most recent standard surveys of the existing long-term care facility

in which the beds are being placed, any of the following occurred: (i) The facility was cited on three or more separate occasions for final, nonappealable

actual harm but not immediate jeopardy deficiencies. (ii) The facility was cited on two or more separate occasions for final, nonappealable

immediate jeopardy deficiencies. (iii) The facility was cited on two separate occasions for final, nonappealable actual

harm but not immediate jeopardy deficiencies and on one occasion for a final, nonappealable

immediate jeopardy deficiency. (d) More than two nursing homes owned or operated in this state by the applicant or a

principal participant or, if the applicant or a principal participant owns or operates

more than twenty nursing homes in this state, more than ten per cent of those nursing

homes, were each cited during the period that precedes the filing of the application

for the certificate of need and is encompassed by the three most recent standard surveys

of the nursing homes that were so cited in any of the following manners: (i) On three or more separate occasions for final, nonappealable actual harm but not

immediate jeopardy deficiencies; (ii) On two or more separate occasions for final, nonappealable immediate jeopardy deficiencies; (iii) On two separate occasions for final, nonappealable actual harm but not immediate

jeopardy deficiencies and on one occasion for a final, nonappealable immediate jeopardy

deficiency. (2) In applying divisions (B)(1)(a) to (d) of this section, the director shall not consider

deficiencies or violations cited before the applicant or a principal participant acquired

or began to own or operate the long-term care facility at which the deficiencies or

violations were cited.  The director may disregard deficiencies and violations cited after the long-term

care facility was acquired or began to be operated by the applicant or a principal

participant if the deficiencies or violations were attributable to circumstances that

arose under the previous owner or operator and the applicant or principal participant

has implemented measures to alleviate the circumstances.  In the case of an application proposing development of a new long-term care facility

by relocation of beds, the director shall not consider deficiencies or violations

that were solely attributable to the physical plant of the existing long-term care

facility from which the beds are being relocated. (C) The director also shall accept for review any application for the conversion of infirmary

beds to long-term care beds if the infirmary meets all of the following conditions: (1) Is operated exclusively by a religious order; (2) Provides care exclusively to members of religious orders who take vows of celibacy

and live by virtue of their vows within the orders as if related; (3) Was providing care exclusively to members of such a religious order on January 1,

1994. (D) Notwithstanding division (C)(2) of this section, a facility that has been granted

a certificate of need under division (C) of this section may provide care to any of

the following family members of the individuals described in division (C)(2) of this

section:  mothers, fathers, brothers, sisters, brothers-in-law, sisters-in-law, or

children.  Such a facility may also provide care to any individual who has been designated

an associate member by the religious order that operates the facility. The long-term care beds in a facility that have been granted a certificate of need

under division (C) of this section may not be relocated pursuant to sections 3702.592 to 3702.594 of the Revised Code .