Ohio Code 173.28 – Additional Fines for certain violations
(A) As used in this section, “incident” means the occurrence of a violation with respect to a resident or recipient. A violation is a separate incident for each day it occurs and for each resident who is subject to it.
Terms Used In Ohio Code 173.28
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: means the state of Ohio. See Ohio Code 1.59
(B)(1) In lieu of the fine that may be imposed under division (A) of section 173.99 of the Revised Code for a criminal offense, the director of aging may, under Chapter 119 of the Revised Code, fine a long-term care provider or other entity, a person employed by a long-term care provider or other entity, or an individual for a violation of division (C) of section 173.24 of the Revised Code. The fine shall not exceed one thousand dollars per incident.
(2) In lieu of the fine that may be imposed under division (C) of section 173.99 of the Revised Code for a criminal offense, the director may, under Chapter 119 of the Revised Code, fine a long-term care provider or other entity, a person employed by a long-term care provider or other entity, or an individual for a violation of division (G)(1) or (2) of section 173.19 of the Revised Code. The fine shall not exceed five hundred dollars for each day the violation continued.
(C) On request of the director, the attorney general shall bring and prosecute to judgment a civil action to collect any fine imposed under division (B)(1) or (2) of this section that remains unpaid thirty days after the violator’s final appeal is exhausted.
(D) All fines collected under this section shall be deposited into the state treasury to the credit of the state long-term care ombudsman program fund created under section 173.26 of the Revised Code.