5123.192 Exempting certain nursing home beds.
5123.192 Exempting certain nursing home beds.
Notwithstanding section 5123.19 of the Revised Code, any nursing home that on June 30, 1987, contained beds that the department of health had certified prior to June 30, 1987, as intermediate care facility for the mentally retarded beds under Title XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or any nursing home that on June 30, 1987, had an application pending before the department to convert intermediate care facility beds to intermediate care facility for the mentally retarded beds, shall not be required to apply for licensure under section 5123.19 of the Revised Code, shall be subject to the requirements for licensure as a nursing home and all other requirements of Chapter 3721. of the Revised Code and any rules adopted under that chapter, and shall be subject to sections 3702.51 to 3702.62 of the Revised Code and any rules adopted under those sections, unless either of the following applies:
(A) The nursing home’s certification or provider agreement as an intermediate care facility for the mentally retarded is subject to a final order of nonrenewal or termination with respect to which all appeal rights have been exhausted and the facility intends to apply for recertification;
(B) The nursing home intends to increase its number of beds certified as intermediate care facility for the mentally retarded beds. In such a case, the nursing home shall be required to apply for licensure of the additional beds under section 5123.19 of the Revised Code.
Effective Date: 04-20-1995