Section 173-14-26 - Changes in a regional program's designation status; notice rights; and hearing requirements(A) The SLTCO may change the designation of a fully-designated regional program to a provisional designation or may withdraw the designation of a fully or provisionally- designated regional program for cause. Cause may include any of the following: (1) The regional program's failure to follow policies and procedures that comply with sections 173.14 to 173.27 of the Revised Code, this chapter, all relevant sections of the Older Americans Act, or other related federal laws regulating the activities of the office.(2) The regional program's failure to meet structural standards in rule 173-14-22 of the Administrative Code.(3) The regional program's failure to provide services according to sections 173.14 to 173.27 of the Revised Code, this chapter, all relevant sections of the Older Americans Act, other related federal laws, the policies and procedures of the office, the service contract, or an approved ombudsman plan.(4) The development of an unremedied conflict of interest involving the regional program, its sponsoring agency, or an individual associated with either.(5) The misfeasance, malfeasance, or nonfeasance of an employee of the program or a representative of the office.(B) When provisionally designating a fully-designated regional program, the SLTCO shall provide the regional program with notice of the decision to provisionally designate the program that contains an explanation of the SLTCO's reason for the provisional designation, specifies the changes or corrections necessary for the program to come into compliance with the program review standards or conflict of interest provisions, defines the deadline for the regional program to come into compliance, and explains that failure to implement the requirements of the notice leads to a withdrawal of designation. A regional program may appeal the SLTCO's decision to provisionally designate the program according to Chapter 119. of the Revised Code.(C) The SLTCO may withdraw the designation of a regional program when the scope and severity of the cause is of such a nature that corrections are not likely to be successfully implemented. The SLTCO may presume such failures when any of the following occurs: (1) The cause is found to involve a disregard of the office's policies and procedures, structural standards, or federal or state law.(2) The pattern of problems is repeated and correction is unlikely.(3) Attempted corrections of problems by the regional program have not been successful.(D) The SLTCO shall give the regional program notice of the decision to withdraw the regional program's designation that contains an explanation of the SLTCO's reason for the withdrawal of the designation. The sponsoring agency may appeal the SLTCO's decision according to Chapter 119. of the Revised Code.(E) A regional program may voluntarily withdraw its designation as a regional long-term care ombudsman program by providing the SLTCO with a written notice of its intent ninety days before the date upon which the program expects the withdrawal of designation to take place.(F) The sponsoring agency of a regional program that voluntarily withdraws its designation or that has had its designation withdrawn by the SLTCO shall surrender intact to the SLTCO all ombudsman case records; documentation of core services in ODIS according to rule 173-14-19 of the Administrative Code; the identification cards of all of its representatives; any equipment purchased with title III or title VII funds awarded under the Older Americans Act, the long-term care ombudsman state subsidy, bed fee monies; and the balance of any state, federal, or bed fee monies it has been allocated as a result of its designation as a regional ombudsman program on the effective date of the regional program's de-designation or voluntary withdrawal of designation, or as otherwise agreed to by the regional program and the SLTCO.(G) The SLTCO shall ensure the continuation of ombudsman services in any designated region in which a regional program's designation was withdrawn voluntarily or by the SLTCO.(H) In all cases where the SLTCO seeks to provisionally designate a fully-designated regional program, or to withdraw the designation of a provisionally-designated or fully-designed regional program, the SLTCO is subject to the notice and hearing procedures in Chapter 119. of the Revised Code.(I) Notice: The SLTCO shall notify a regional program's sponsoring agency of any change in the designation of its regional program and include all of the following information in the notice: (1) The charges or other reasons for the proposed action.(2) The law or rule directly involved in regard to the charges or reasons for the proposed action.(3) A request that any explanation or extenuating circumstances regarding the SLTCO's decision be provided in writing to the SLTCO.(4) A statement informing the sponsoring agency it is entitled to a hearing if it so requests such a hearing within thirty days after the mailing date of the notice.(5) A statement informing the sponsoring agency that, at the hearing, the sponsoring agency may be represented by its board, director, attorney, or other such representative as is permitted to practice before the agency; or, that the sponsoring agency may present its position, arguments, or contentions in writing; and, that the representative of the sponsoring agency may present evidence and examine witnesses appearing for and against the sponsoring agency at the hearing.(J) Whenever a sponsoring agency requests a hearing in accordance with this rule, the SLTCO shall immediately set the date, time, and place of the hearing within ten days, but not earlier than seven days, after the sponsoring agency requested the hearing, unless otherwise agreed to by ODA and the sponsoring agency, then notify the sponsoring agency. All appeal hearings are subject to Chapter 119. of the Revised Code.Ohio Admin. Code 173-14-26
Effective: 8/1/2024
Five Year Review (FYR) Dates: 11/16/2023 and 08/01/2029
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.16; 42 U.S.C. 3025, 3058g; 45 C.F.R. 1321.11, 1324.11, 1324.13, 1324.15
Rule Amplifies: 173.16, 173.18; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006, 05/01/2018, 01/28/2022