Ohio Revised Code Chapter 3702 - Hospital Care Assurance Program; Certificates Of Need

• Section 3702.01 - [Repealed].
  Effective Date: 09-29-1995
• Section 3702.011 - Amended And Renumbered Rc 5112.05.
  Effective Date: 07-26-1991
• Section 3702.02 To 3702.05 - [Repealed].
  Effective Date: 09-29-1995
• Section 3702.06, 3702.07 - Amended And Renumbered Rc 5112.20, 5112.21.
  Effective Date: 07-26-1991
• Section 3702.11 - Director To Adopt Rules.
  The director of health shall adopt rules establishing safety standards and quality-of-care standards for each of the following: (A) Solid organ and bone marrow...
• Section 3702.12 - Procedure For Adoption Of Initial Rules.
  Initial rules for each activity specified in section 3702.11 of the Revised Code and for each facility listed in division (A)(4) of section 3702.30...
• Section 3702.13 - Amendments To Rules.
  After the adoption, in accordance with section 3702.12 of the Revised Code, of initial rules applicable to an activity specified in section 3702.11 of...
• Section 3702.14 - Failure To Comply.
  No person or government entity shall fail to comply with any rule adopted under section 3702.11 of the Revised Code. Effective Date: 04-20-1995
• Section 3702.141 - Rules May Apply To Existing Health Care Facility.
  (A) As used in this section: (1) "Existing health care facility" means a health care facility that is licensed or otherwise approved to practice...
• Section 3702.15 - Director Of Health To Monitor And Inspect Health Care Providers.
  The director of health shall monitor health care providers for compliance with the safety and quality-of-care standards established in the rules adopted under section...
• Section 3702.16 - Minimum Specifications Of Rules.
  The rules adopted under section 3702.11 of the Revised Code at a minimum shall specify the following: (A) A procedure that the director of...
• Section 3702.17 - [Repealed].
  Effective Date: 09-05-2001
• Section 3702.18 - Disclosing Identifying Quality-of-care Data.
  The director of health and any employee or contractor of the department of health shall not make public any quality-of-care data reported to the...
• Section 3702.19 - Administering Oaths, Ordering Depositions And Issuing Subpoenas.
  In investigating possible violations of section 3702.14 of the Revised Code, or in conducting hearings under section 3702.20 of the Revised Code, the director...
• Section 3702.20 - Civil Penalty - Injunction.
  If the director of health determines that a person has violated section 3702.14 of the Revised Code, the director, after affording the person an...
• Section 3702.30 - Ambulatory Surgical Facilities.
  (A) As used in this section: (1) "Ambulatory surgical facility" means a facility, whether or not part of the same organization as a hospital,...
• Section 3702.301 - Licensing Of Freestanding Birthing Center - Exemption.
  (A) Except as provided in division (C) of this section, a freestanding birthing center is not required to obtain a license under section 3702.30...
• Section 3702.3010 - Maximum Distance Of Local Hospital From Ambulatory Surgical Facility.
  A local hospital shall not be further than thirty miles from an ambulatory surgical facility: (A) With which the local hospital has a written...
• Section 3702.302 - License Renewal For Uncertified Ambulatory Surgical Facilities.
  In the case of an ambulatory surgical facility not certified by the centers for medicare and medicaid services as an ambulatory surgical center, the...
• Section 3702.303 - Transfer Agreements.
  (A) Except as provided in division (C) of this section, an ambulatory surgical facility shall have a written transfer agreement with a local hospital...
• Section 3702.304 - Variances From Written Transfer Agreements.
  (A) (1) The director of health may grant a variance from the written transfer agreement requirement of section 3702.303 of the Revised Code if...
• Section 3702.305 - Conditions On Variance.
  The director of health may impose conditions on any variance the director has granted under section 3702.304 of the Revised Code. The director may,...
• Section 3702.306 - Effective Period For Variances.
  A variance the director of health grants under section 3702.304 of the Revised Code is effective for the period of time specified by the...
• Section 3702.307 - Notifications To Director.
  An ambulatory surgical facility shall notify the director of health when any of the following occurs: (A) The facility modifies any provision of its...
• Section 3702.308 - Severability.
  If any provision in sections 3702.302 to 3702.307 of the Revised Code is enjoined, the injunction does not affect any remaining provision of those...
• Section 3702.309 - Suspension Of Ambulatory Surgical License.
  (A) If a variance application is denied under section 3702.304 of the Revised Code, the license of such an ambulatory surgical facility is automatically...
• Section 3702.31 - Quality Monitoring And Inspection Fund.
  (A) The quality monitoring and inspection fund is hereby created in the state treasury. The director of health shall use the fund to administer...
• Section 3702.32 - Violations.
  (A) If the director of health determines that a health care facility is operating without a license in violation of division (E)(1) of section...
• Section 3702.33 - Petition To Enjoin Unlicensed Health Care Facility.
  Any person who believes a health care facility is operating without a license in violation of division (E) of section 3702.30 of the Revised...
• Section 3702.40 - Mammogram Report; Dense Breast Tissue Advisory.
  (A) As used in this section, "mammogram" and "facility" have the same meanings as in section 263b(a) of the "Mammography Quality Standards Act of...
• Section 3702.51 - Hospital Care Assurance Program - Certificate Of Need Definitions.
  As used in sections 3702.51 to 3702.62 of the Revised Code: (A) "Applicant" means any person that submits an application for a certificate of...
• Section 3702.511 - Reviewable Activities Relating To Long-term Care Facilities.
  (A) Except as provided in division (B) of this section, the following activities are reviewable under sections 3702.51 to 3702.62 of the Revised Code:...
• Section 3702.512, 3702.513 - Amended And Renumbered Rc 3702.55, 3702.56.
  Effective Date: 11-15-1991
• Section 3702.52 - Administering Certificate Of Need Program.
  The director of health shall administer a state certificate of need program in accordance with sections 3702.51 to 3702.62 of the Revised Code and...
• Section 3702.521 - Recategorize Hospital Beds To Skilled Nursing Beds - Placement In Nursing Home.
  (A) Reviews of applications for certificates of need to recategorize hospital beds to skilled nursing beds shall be conducted in accordance with this division...
• Section 3702.522 - Revision Of Application For Certificate Of Need.
  A person who has an application for a certificate of need pending with the director of health may revise the application to change the...
• Section 3702.523 - Certificates Not Transferable Prior To Completion Of Review.
  (A) Except as provided in division (B) of this section, a certificate of need is not transferable prior to the completion of the reviewable...
• Section 3702.524 - Duties Of Certificate Holder Within 24 Months Of Grant.
  (A) Not later than twenty-four months after the date the director of health mails the notice that the certificate of need has been granted...
• Section 3702.525 - Reasonable Progress Required.
  Every six months after complying with section 3702.524 of the Revised Code, the holder of the certificate of need shall demonstrate to the director...
• Section 3702.526 - Acceptance Of Application For Replacement Certificate Of Need.
  (A) Except as provided in division (B) of this section, the director of health shall accept an application for a replacement certificate of need...
• Section 3702.527 - Conversion Of Bed Category.
  A bed described in division (O)(5) of section 3702.51 of the Revised Code may be converted to a bed described in division (O)(1), (2),...
• Section 3702.528 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 10/16/2009.
• Section 3702.529 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 10/16/2009.
• Section 3702.5210 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 03-14-2003
• Section 3702.5211 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 03-14-2003; 2007 HB119 09-29-2007
• Section 3702.5212 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 06-17-1998; 2007 HB119 09-29-2007
• Section 3702.5213 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 03-14-2003; 2007 HB119 09-29-2007
• Section 3702.53 - Prohibited Acts.
  (A) No person shall carry out any reviewable activity unless a certificate of need for such activity has been granted under sections 3702.51 to...
• Section 3702.531 - Investigations.
  The director of health shall evaluate and may investigate evidence that appears to demonstrate that any person has violated section 3702.53 of the Revised...
• Section 3702.532 - Notice Of Violation.
  When the director of health determines that a person has violated section 3702.53 of the Revised Code, the director shall send a notice to...
• Section 3702.533 - [Repealed].
  Effective Date: 04-20-1995
• Section 3702.54 - Civil Penalty.
  Except as provided in section 3702.541 of the Revised Code, divisions (A) and (B) of this section apply when the director of health determines...
• Section 3702.541 - Civil Penalty - Minor Violation.
  When the director of health determines that a person has violated section 3702.53 of the Revised Code and the violation solely involves the expenditure...
• Section 3702.542 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 10/16/2009.
• Section 3702.543 - [Repealed].
  Effective Date: 09-26-2003
• Section 3702.544 - Penalties Paid To Director.
  Each person required by section 3702.54 or3702.541 of the Revised Code to pay a civil penalty shall do so not later than sixty days...
• Section 3702.55 - Additional Penalties For Continuing Violations.
  A person that the director of health determines has violated section 3702.53 of the Revised Code shall cease conducting the activity that constitutes the...
• Section 3702.56 - Payment For Activity Conducted In Violation.
  No third-party payer or other person is required to pay, and no person shall seek or accept payment or reimbursement for, any service rendered...
• Section 3702.57 - Rules For Certificate Of Need.
  (A) The director of health shall adopt rules establishing procedures and criteria for reviews of applications for certificates of need and issuance, denial, or...
• Section 3702.58 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 06-30-1999
• Section 3702.581 - [Repealed].
  Effective Date: 09-26-2003
• Section 3702.59 - Moratorium.
  (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...
• Section 3702.591 - [Repealed].
  Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012. Effective Date: 2007 HB119 06-30-2007
• Section 3702.592 - Certificate Of Need For Long-term Care Facility Beds; Replacement Or Relocation Within County.
  (A) The director of health shall accept, for review under section 3702.52 of the Revised Code, certificate of need applications for any of the...
• Section 3702.593 - Certificate Of Need For Long-term Care Facility Beds; Replacement Or Relocation To County With Fewer Long-term Care Beds Than Needed.
  (A) At the times specified in this section, the director of health shall accept, for review under section 3702.52 of the Revised Code, certificate...
• Section 3702.594 - Certificate Of Need For Nursing Home Beds; Existing Nursing Home.
  (A) The director of health shall accept, for review under section 3702.52 of the Revised Code, certificate of need applications for an increase in...
• Section 3702.60 - Appeals.
  (A) Any affected person may appeal a reviewability ruling to the director of health in accordance with Chapter 119. of the Revised Code, and...
• Section 3702.61 - Injunction.
  In addition to the sanctions imposed under sections 3702.54, 3702.541, and 3702.55 of the Revised Code, if any person violates section 3702.53 of the...
• Section 3702.62 - Applicability Of Other Statutes.
  Sections 3702.51 to 3702.61 of the Revised Code do not apply to any part of a long-term care facility's campus that is certified as...
• Section 3702.63 - Amended And Renumbered 3702.591.
  Effective Date: 2007 HB119 06-30-2007
• Section 3702.64 - Amended And Renumbered Rc 3702.60.
  Effective Date: 10-06-1982
• Section 3702.65 - [Repealed].
  Effective Date: 12-02-1996
• Section 3702.66, 3702.67 - [Repealed].
  Effective Date: 10-06-1982
• Section 3702.68 - Amended And Renumbered 3702.59.
  Effective Date: 2007 HB119 06-30-2007
• Section 3702.71 - Physician Loan Repayment Program Definitions.
  As used in sections 3702.71 to 3702.81 of the Revised Code: (A) "Full-time practice" means working a minimum of forty hours per week for...
• Section 3702.72 - Applying For Participation In Program.
  (A) A primary care physician who will not have an outstanding obligation for medical service to the federal government, a state, or other entity...
• Section 3702.73 - Approving Application.
  If funds are available in the physician loan repayment fund created under section 3702.78 of the Revised Code and the general assembly has appropriated...
• Section 3702.74 - Contract For Participation.
  (A) A primary care physician who has signed a letter of intent under section 3702.73 of the Revised Code and the director of health...
• Section 3702.75 - Physician Loan Repayment Program.
  There is hereby created the physician loan repayment program. Under the program, the department of health, by means of a contract provision under division...
• Section 3702.76 - Health Resource Shortage Areas.
  (A) The director of health shall designate, as health resource shortage areas, areas in this state that experience special health problems and physician practice...
• Section 3702.77 - Establishing Priorities Among Health Resource Shortage Areas For Use In Recruiting Primary Care Physicians.
  The director of health, by rule, shall establish priorities among health resource shortage areas for use in recruiting primary care physicians to sites within...
• Section 3702.78 - Health Resource Shortage Area Fund - Physician Loan Repayment Fund - Administration.
  The director of health may accept gifts of money from any source for the implementation and administration of sections 3702.72 to 3702.77 of the...
• Section 3702.79 - Adoption Of Rules.
  The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules as necessary to implement and administer sections 3702.71...
• Section 3702.80 - Annual Report.
  The physician loan repayment advisory board, annually on or before the first day of March, shall submit a report to the governor and general...
• Section 3702.81 - Physician Loan Repayment Advisory Board.
  There is hereby created the physician loan repayment advisory board. The board shall consist of ten members as follows: (A) The following five members...
• Section 3702.83 - J-1 Visa Waiver Program.
  The department of health shall administer a program, to be known as the J-1 visa waiver program, for recruiting physicians who received graduate medical...
• Section 3702.85 - Dentist Loan Repayment Program.
  There is hereby created the dentist loan repayment program, which shall be administered by the department of health in cooperation with the dentist loan...
• Section 3702.86 - Administrative Rules.
  The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules as necessary to implement and administer sections 3702.85...
• Section 3702.87 - Dental Health Resource Shortage Areas.
  (A) The director of health shall designate, as dental health resource shortage areas, areas in this state that experience special dental health problems and...
• Section 3702.88 - Priorities Among Dental Health Resource Shortage Areas.
  The director of health, by rule, shall establish priorities among dental health resource shortage areas for use in recruiting dentists to sites within particular...
• Section 3702.89 - Application For Participation In The Dentist Loan Repayment Program.
  (A) An individual who will not have an outstanding obligation for dental service to the federal government, a state, or other entity at the...
• Section 3702.90 - Application Approval Process.
  If funds are available in the dentist loan repayment fund created under section 3702.95 of the Revised Code and the general assembly has appropriated...
• Section 3702.91 - Letter Of Intent - Contract.
  (A) As used in this section: (1) "Full-time practice" and "part-time practice" have the same meanings as in section 3702.71 of the Revised Code;...
• Section 3702.92 - Dentist Loan Repayment Advisory Board.
  There is hereby created the dentist loan repayment advisory board. The board shall consist of the following members: (A) Two members of the house...
• Section 3702.93 - [Repealed].
  Repealed by 130th General Assembly File No. TBD, HB 483, §105.01, eff. 9/15/2014. Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 10/16/2009....
• Section 3702.94 - Annual Report To General Assembly.
  The dentist loan repayment advisory board, annually on or before the first day of March, shall submit a report to the general assembly describing...
• Section 3702.95 - Gifts For Implementation And Administration Of Program.
  The director of health may accept gifts of money from any source for the implementation and administration of sections 3702.85 to 3702.92 of the...
• Section 3702.96 - Dental Hygienist Loan Repayment Program.
  There is hereby created the dental hygienist loan repayment program, which shall be administered by the department of health in cooperation with the dentist...
• Section 3702.961 - Adoption Of Rules.
  The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt rules as necessary to implement and administer sections 3702.96...
• Section 3702.962 - Establishment Of Priorities Among Dental Health Resource Shortage Areas.
  The director of health, by rule, shall establish priorities among dental health resource shortage areas for use in recruiting dental hygienists to sites within...
• Section 3702.963 - Participation In Program.
  (A) An individual who will not have an outstanding obligation for dental hygiene service to the federal government, a state, or other entity at...
• Section 3702.964 - Determination Of Eligibility.
  If funds are available in the dental hygienist loan repayment fund created under section 3702.967 of the Revised Code and the general assembly has...
• Section 3702.965 - Contracts.
  (A) As used in this section: (1) "Full-time practice" and "part-time practice" have the same meanings as in section 3702.71 of the Revised Code;...
• Section 3702.966 - Annual Report.
  The dentist loan repayment advisory board, annually on or before the first day of March, shall submit a report to the governor and general...
• Section 3702.967 - Gifts.
  The director of health may accept gifts of money from any source for the implementation and administration of sections 3702.96 to 3702.965 of the...
• Section 3702.99 - Amended And Renumbered Rc 5112.99.
  Effective Date: 07-26-1991

Last modified: October 10, 2016