12/07/2023

ODH Offers Updates on Personal Character Standards, Survey in Monthly Meeting

During a recent call between the Ohio Department of Health (ODH) and provider associations, ODH provided several rule dates. ODH noted that comments will be accepted for thirty days on the Ohio Administrative Code 3701-16 Residential Care Facility rules. The criminal records check rules of 3701-13-01 through 3701-13-09 go into effect on December 8. Most significantly, ODH updated language related to multiple theft charges to align with other agencies allowing for a seven-year waiting period. This multiple theft language is now located under the personal character standards in 3701-13-06.

Ohio Department of Aging (ODA) shared that the Chapter 173-14 State Long Term Care Ombudsman rules are being amended and although there are no substantive changes, there is a public hearing scheduled for December 19.

Although ODH is not adding any additional State focus areas to the CMS FY24 and FY25 three Long-Term Care Health National Concern Areas as outlined in QSO-24-05-NH memo, ODH is seeing an increase in citations related to pneumococcal vaccines. ODH has instructed surveyors to use the PneumoRecs VaxAdvisor Mobile App to evaluate provider compliance.

Concerns related to surveyors being pulled from a building in survey to another building was raised to ODH and they have subsequently met with the scheduling team to reiterate the expectation that this rescheduling needs a two-level approval and should be a rare occurrence.

ODH confirmed there are no specific regulations that speak to transgender room placement. ODH would expect that social services would be involved to ensure the resident’s choice is being considered. ODH confirmed that there isn’t a restriction to admit a resident with a palliative diet with an NPO order to a nursing home. Providers should work to develop advance directives and orders based on the resident’s wishes in collaboration with the attending physician.

While ODH continues to hire new surveyors, annual surveys continue to be delayed with nursing home annual surveys averaging 30.37. QCOR data shows 397 nursing homes that are  at least 16 months past their last annual survey including 124 that are two years since their last annual survey. Additionally, ODH shared there are 287 residential care facilities that are overdue for their annual survey.

Lastly ODH reminds providers that an EIDC bulletin went out last week about the annual license renewal.