01/25/2017

ODH Releases Nursing Home Licensure Rules 5-year Review

In accordance with Ohio Revised Code Section 119.04, the Ohio Department of Health (ODH) is conducting a five-year rule review of Ohio Administrative Code rules 3701-17-01 to 3701-17-26 (“Licensing of Nursing Homes”).

These rules as posted are the result of a year-long stakeholder process that began looking at the rules holistically to see how Ohio could better serve nursing home residents while attempting to keep changes as cost neutral for nursing homes as possible. A summary of the extensive rule changes is included in a memo which accompanies the rules.

LeadingAge Ohio has been actively engaged in this stakeholder process.  The changes are not as substantial as initially proposed.  A key theme was to ensure that the rules reflect a more person-centered approach.  There are no changes to rules 3701-17-02, 03.1, 04, 07.3, 11, 13, 16, 17, 20, 22, 23, and  24.  

One of the areas of change is to OAC 3701-17-25 which sets forth the disaster preparedness requirements in the event of fire or other emergency. The rule also requires emergency evacuation drills, a plan for protection of all persons in the event of fire, to include a fire watch, notice to the Ohio missing adult alert system when a resident is missing, and for staff fire training to be conducted by the state fire marshal or township, municipal, or local legally constituted fire department. The rule has been amended to require nursing homes to have carbon monoxide (“CO”) alarms or detectors (if licensed prior to the effective date of the rules) within twelve months of the effective date of the rules and for nursing homes licensed on or after the effective date of the rules to have CO detectors.

The rule specifies: Carbon monoxide alarms shall be installed in the following locations: 3701-17-25 2 *** DRAFT - NOT YET FILED *** (1) On the ceiling of each room containing a permanently installed fuel-burning appliance; and (2) Centrally located on every habitable level and in every heating/ventilation/air conditioning zone of the building.

To read the complete package of rules, click here and then click on “3701-17” to download.

To comment on these rules, click here.

Questions regarding these rules may be sent to Nisha Hammel, Director of Advocacy at nhammel@leadingageohio.org.