Section 3701-16-07 - Resident agreement; other information to be provided upon admission; risk agreements(A) A residential care facility is not allowed to admit an individual who is in need of services or accommodations beyond that which a residential care facility is authorized to provide under paragraph (D) of rule 3701-16-02 of the Administrative Code or beyond that which the specific facility provides.(B) A residential care facility is not allowed to admit a resident prior to searching for the individual on the Ohio sex offender registry as obligated by section 3721.122 of the Revised Code.(C) Except for residents receiving hospice care, no residential care facility is allowed to admit or retain an individual who:(1) Needs skilled nursing care that is not authorized by section 3721.011 of the Revised Code or is beyond that which the specific facility can provide;(2) Needs medical or skilled nursing care at least eight hours per day or forty hours per week;(3) Needs chemical or physical restraints as defined in paragraph (L) of rule 3701-16-09 of the Administrative Code;(4) Is bedridden with limited potential for improvement;(5) Has stage III or IV pressure ulcers. For purposes of this rule, "pressure ulcers" means any lesion caused by unrelieved pressure, or pressure in combination with shear and/or friction, which results in damage to the underlying tissue. Pressure ulcers are to be staged in accordance with current staging definitions issued by the "National Pressure Ulcer Advisory Panel" ; or(6) Has a medical condition that is so medically complex or changes so rapidly that it necessitates constant monitoring and adjustment of treatment regimen on an ongoing basis.(D) A residential care facility is obligated to enter into a written resident agreement with each prospective resident prior to beginning residency in the residential care facility. (1) The agreement needs be signed and dated by the operator, administrator, or acting administrator and the prospective resident or, if the prospective resident is physically or cognitively unable to sign and consents, another individual designated by the prospective resident are obligated to sign the agreement;(2) The facility is obligated to provide both the prospective resident and any other individual signing on the resident's behalf with a copy of the agreement and explain the agreement to them; and(3) In the event that a durable power of attorney for healthcare is enacted or when the physician determines that the resident is no longer able to make reasoned decisions to the agreement, the facility is obligated to provide a copy of the agreement to the individual designated by the resident to make decisions and consent on the resident's behalf, if any.(E) The agreement obligated by paragraph (D) of this rule is obligated to include at least the following items: (1) An explanation of all charges to the resident including security deposits, if applicable;(2) A statement that all charges, fines, or penalties that will be assessed against the resident are included in the resident agreement;(3) A statement that the basic rate will not be changed unless thirty days written notice is given to the resident or, if the resident is unable to understand this information, to his or her sponsor;(4) An explanation of the residential care facility's policy for refunding charges in the event of the resident's absence, discharge, or transfer from the facility and the facility's policy for refunding security deposits;(5) An explanation of the services offered by the facility, the types of skilled nursing care that the facility provides or allows residents to receive in the facility, the providers that are authorized to render that care, and the limitations of the type and duration of skilled nursing care that is offered;(6) An explanation of the extent and types of services the facility will provide to the resident and who is responsible for payment; and(7) A statement that the facility is obligated to discharge or transfer a resident when a resident needs skilled nursing care beyond the limitations identified in paragraph (E)(5) of this rule.(F) Prior to admission or upon the request of a prospective resident or prospective resident's sponsor, the residential care facility is obligated to provide the resident or resident's sponsor with a copy and explain the contents of the following policies:(1) The facility's residents' rights policy and procedures mandated by section 3721.12 of the Revised Code;(2) The facility's smoking policy mandated by paragraph (W) of rule 3701-16-13 of the Administrative Code;(3) The facility's policies regarding advance directives and do not resuscitate (DNR) orders, and an explanation of the rights of the resident under state law concerning advance directives and DNR orders. A residential care facility is barred from mandating the execution of an advance directive or DNR order as a condition for admission;(4) The definition of skilled nursing care from rule 3701-16-01 of the Administrative Code;(5) For individuals seeking residency on a special care unit, the facility's policy on care for residents in the special care unit. The policy is obligated to include:(a) A statement of mission or philosophy that reflects the needs of the special population;(b) Admission criteria to the special care unit, including screening criteria, if applicable;(c) Transfer and discharge criteria and procedures;(d) A weekly staffing plan for the special care unit, if applicable, including: (i) A statement of how this plan differs from the staffing plan for the remainder of the facility; and(ii) The necessary increase in supervision, due to decreased safety awareness or other assessed condition, of residents with cognitive impairments or serious mental illness in the special care unit;(e) A description of activities offered, including frequency and type, and how the activities meet the needs of the type of residents in that special care unit, including how these activities differ from those offered in the remainder of the facility, if applicable;(f) A listing of the costs of the services provided by the facility to the resident;(g) Specialized staff training and continuing education practices;(h) The process used for assessment and the provision of services, including the method for altering services based on changes in condition;(i) If necessary, how the facility addresses the behavioral healthcare needs of residents;(j) The physical environment and design features to support the functioning of residents;(k) The involvement of families and the availability of family support programs for residents; and(l) Any services or other procedures that are over and above those provided in the remainder of the facility, if applicable;(6) An explanation of the facility's ability to accommodate disabled residents or potentially disabled residents and the facility's policy regarding transferring residents to units that accommodate residents with disabilities; and(7) Any other facility policies that residents are obligated to follow.(G) A residential care facility may enter into a risk agreement with a resident or the resident's sponsor with the consent of the resident. Under a risk agreement, the resident or sponsor and the facility agree to share responsibility for making and implementing decisions affecting the scope and quantity of services provided by the facility to the resident. The facility is obligated to identify the risks inherent in a decision made by a resident or sponsor not to receive a service provided by the facility. A risk agreement is valid only if it is made in writing. The residential care facility is obligated to maintain a copy of any risk agreement in the resident's record.(H) Each residential care facility that has a policy of entering into risk agreements is obligated to provide each prospective resident, or the prospective resident's sponsor with the consent of the resident, a written explanation of the policy and the provisions that may be contained in a risk agreement. At the time the information is provided, the facility is obligated to obtain a statement signed by the individual receiving the information acknowledging that the individual received the information. The facility is obligated to maintain the signed statement on file. Any waiver of the resident's rights under section 3721.13 of the Revised Code contained in the risk agreement is void.Ohio Admin. Code 3701-16-07
Effective: 7/12/2024
Five Year Review (FYR) Dates: 4/25/2024 and 07/02/2029
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.011, 3721.012
Prior Effective Dates: 12/21/1992, 09/29/1996, 06/21/1997, 12/01/2001, 04/01/2007, 01/01/2013, 03/01/2018