Section 5162.66 | Residents protection fund.
(A) There is hereby created in the state treasury the residents protection fund. All of the following shall be deposited into the fund:
(1) The proceeds of all fines, including interest, collected under sections 5165.60 to 5165.89 of the Revised Code;
(2) The proceeds of all fines, including interest, collected under section 173.42 of the Revised Code;
(3) The portions of civil money penalties and corresponding interest that are disbursed on or after July 1, 2017, to the department of medicaid pursuant to 42 C.F.R. 488.845.
(B)(1) Money deposited into the fund pursuant to divisions (A)(1) and (2) of this section shall be used for all of the following:
(a) Protection of the health or property of residents of nursing facilities in which the department of health finds deficiencies, including payment for the costs of relocation of residents to other facilities;
(b) Maintenance of operation of a facility pending correction of deficiencies or closure;
(c) Reimbursement of residents for the loss of money managed by the facility under section 3721.15 of the Revised Code;
(d) Provision of funds for costs incurred by a temporary resident safety assurance manager appointed under section 5165.78 of the Revised Code.
(2) Subject to 42 C.F.R. 488.845(g)(2), money deposited into the fund pursuant to division (A)(3) of this section shall be used to improve the quality of medicaid services provided by medicare-certified home health agencies.
(C) The fund shall be maintained and administered by the department of medicaid under rules developed in consultation with the departments of health and aging and adopted under section 5162.02 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Available Versions of this Section
- September 29, 2013 – House Bill 59 - 130th General Assembly [ View September 29, 2013 Version ]
- September 29, 2017 – Amended by House Bill 49 - 132nd General Assembly [ View September 29, 2017 Version ]