(1) The entering operator completes a change of operator license application on a form prescribed by the director and pays the applicable fee as determined by the director. Any fee required by the director under division (A)(1) of this section shall be credited to the general operations fund established under section 3701.83 of the Revised Code.
A completed application shall be submitted not later than forty-five days before the proposed effective date of the change of operator if the change of operator does not entail the relocation of residents. A completed application shall be submitted not later than ninety days before the proposed effective date of the change of operator if the change of operator entails the relocation of residents. The director may waive the time requirements specified in division (A)(1) of this section in an emergency, such as the death of the operator.
The change of operator license application established under this section shall include all of the following:
(a) Disclosure of all direct and indirect owners owning at least five per cent of each of the following: (i) The entering operator, if the entering operator is an entity;(ii) The owner of the building or buildings in which the nursing home is housed, if the owner of the building or buildings is a different person or government entity from the entering operator;(iii) The owner of the legal rights associated with the ownership and operation of the nursing home beds, if the owner of the legal rights is a different person or government entity from the entering operator;(iv) Each related party that provides or will provide services to the nursing home, through contracts with any party identified in division (A)(1)(a) of this section.
(b) Disclosure of whether a person or government entity identified in division (A)(1)(a) of this section has or had a direct or indirect ownership or operational interest in a current or previously licensed nursing home in this state or another state, including disclosure of whether any of the following occurred with respect to an identified nursing home within the five years immediately preceding the date of application: (i) Voluntary or involuntary closure of the nursing home;(ii) Voluntary or involuntary bankruptcy proceedings;(iii) Voluntary or involuntary receivership proceedings;(iv) License suspension, denial, or revocation;(v) Injunction proceedings initiated by a regulatory agency;(vi) The nursing home is listed in table A, table B, or table D on the SFF list under the special focus facility program;(vii) A civil or criminal action was filed against it by a state or federal entity.(c) Any additional information that the director considers necessary to determine the ownership, operation, management, and control of the nursing home.(2) Except for applications that demonstrate that the entering operator, or a person or government entity that directly or indirectly owns at least fifty per cent of the entering operator, directly or indirectly owns at least fifty per cent of the nursing home and its assets , the entering operator submits evidence of a bond or other financial security reasonably acceptable to the director for an amount not less than the product of the number of licensed beds in the nursing home, as reflected in the application, multiplied by ten thousand dollars. The bond may be supplied by either the entering operator or the property owner of the nursing home.
(a) The bond or other financial security shall be renewed, replaced, or maintained for five years after the effective date of the change of operator. The aggregate liability of a surety shall not exceed the sum of the bond, which is not cumulative from period to period. If the bond or other financial security is not renewed, replaced, or maintained in accordance with this division, the director shall revoke the nursing home operator's license after providing thirty days' notice to the operator. The bond or other financial security shall be released five years after the effective date of the change of operator if none of the events described in division (A)(2)(b) of this section have occurred.(b) The director may utilize the bond or other financial security required under division (A)(2) of this section to pay expenses incurred by the director or another state official or agency if any of the following occur during the five-year period for which the bond or other financial security is required: (i) The nursing home is voluntarily or involuntarily closed.(ii) The nursing home or its owner or operator is the subject of voluntary or involuntary bankruptcy proceedings.(iii) The nursing home or its owner or operator is the subject of voluntary or involuntary receivership proceedings.(iv) The license to operate the nursing home is suspended, denied, or revoked.(v) The nursing home undergoes a change of operator, unless the new applicant submits a bond or other financial security in accordance with this section.(vi) The nursing home appears in table A, table B, or table D on the SFF list under the special focus facility program.