Section 4123-6-38.2 - Payment of nursing home and residential care/assisted living services(A) Payment to a nursing home or residential care/assisted living facility for the care of an injured worker who sustained an injury or contracted an occupational disease in the course of and arising out of employment shall be made only when the need for such care is the direct result of the allowed conditions in the claim.(B) Payment will be made only for care provided in nursing homes and residential care/ assisted living facilities meeting the qualifications specified in paragraph (C) of rule 4123-6-02.2 of the Administrative Code.(C) Nursing home or residential care/assisted living facility care must be pre-authorized, except when a nursing home or residential care/assisted living facility is used immediately following an approved or emergency hospitalization. (1) The allowed per diem rate for an injured worker shall be no greater than the bureau's fee schedule or the rate negotiated between the nursing home or residential care/assisted living facility and the bureau, MCO, QHP, or selfinsuring employer.(2) Nursing home care shall be provided on a semiprivate bed basis, unless a situation exists when the use of a private room is medically necessary due to the allowed condition. In these cases, the use of such a private room must be preauthorized, except in cases of emergency, as defined in rule 4123-6-01 of the Administrative Code, or where the injured worker's condition would be endangered by delay.(3) Prescription medication provided to an injured worker in a nursing home for the treatment of an allowed injury or occupational disease is included in the nursing home's per diem rate, and is not separately payable.Ohio Admin. Code 4123-6-38.2
Effective: 2/1/2022
Five Year Review (FYR) Dates: 11/12/2021 and 02/01/2027
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4121.44, 4121.441, 4123.05, 4123.66
Rule Amplifies: 4121.12, 4121.121, 4121.44, 4121.441, 4123.66
Prior Effective Dates: 02/14/2005, 02/01/2010, 07/01/2013