Section 3701-84-05 - Compliance actions(A) If a HCS fails to comply with section 3702.14 of the Revised Code or Chapter 3701-84 of the Administrative Code, the director will provide the HCS a reasonable and appropriate amount of time to correct the violation and, in accordance with Chapter 119. of the Revised Code, may: (1) Impose a civil penalty based on the severity of the violation as follows: (a) For violations that present an imminent threat of serious physical or lifethreatening danger, or an immediate serious threat to the psychosocial health as defined in paragraph (ZZ) or rule 3701-84-01 of the Administrative Code, safety or security of patients, a civil penalty of not less than one hundred thousand dollars and not more than two hundred and fifty thousand dollars;(b) For violations that directly threaten physical or psychosocial health, safety, or security of patients, a civil penalty of not less than ten thousand dollars and not more than one hundred thousand dollars;(c) For violations that indirectly threaten or potentially threaten the physical or psychosocial health, safety, or security of patients, a civil penalty of not less than one thousand dollars and not more than ten thousand dollars; and(2) Issue an order that the HCS cease operation: (a) For a second or subsequent violation of section 3701.14 of the Revised Code or Chapter 3701-84 of the Administrative Code; or(b) For an initial violation that the director has determined to cause or pose an imminent threat of serious physical harm or life-threatening danger.(B) In determining which of the actions to take under paragraph (A) of this rule, the director may consider the following factors:(1) The danger of serious physical or life-threatening harm to one or more patients utilizing the health care service;(2) The nature, duration, gravity, and extent of the violation;(3) The number, if any, of patients directly affected by the violation;(4) Whether the violation directly relates to patient care and the extent of the actual or potential harm to patients;(5) The number of staff involved in the violation;(6) The actions taken by the provider of the HCS to correct the violation; and(7) The HCS's history of compliance.Ohio Admin. Code 3701-84-05
Effective: 5/15/2023
Five Year Review (FYR) Dates: 2/27/2023 and 05/05/2028
Promulgated Under: 119.03
Statutory Authority: 3702.11, 3702.13
Rule Amplifies: 3702.12, 3702.13, 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20
Prior Effective Dates: 03/01/1997, 03/24/2003, 08/01/2017