Ohio Code 4769.03 – Disciplinary actions
(A) The department of health shall receive complaints alleging violations of section 4769.02 of the Revised Code.
Terms Used In Ohio Code 4769.03
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Health care practitioner: means all of the following:
(1) A dentist or dental hygienist licensed under Chapter 4715 of the Revised Code;
(2) A registered or licensed practical nurse licensed under Chapter 4723 of the Revised Code;
(3) An optometrist licensed under Chapter 4725 of the Revised Code;
(4) A dispensing optician, spectacle dispensing optician, or spectacle-contact lens dispensing optician licensed under Chapter 4725 of the Revised Code;
(5) A pharmacist licensed under Chapter 4729 of the Revised Code;
(6) A physician authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;
(7) A physician assistant authorized under Chapter 4730 of the Revised Code to practice as a physician assistant;
(8) A practitioner of a limited branch of medicine issued a certificate under Chapter 4731 of the Revised Code;
(9) A psychologist licensed under Chapter 4732 of the Revised Code;
(10) A chiropractor licensed under Chapter 4734 of the Revised Code;
(11) A hearing aid dealer or fitter licensed under Chapter 4747 of the Revised Code;
(12) A speech-language pathologist or audiologist licensed under Chapter 4753 of the Revised Code;
(13) An occupational therapist or occupational therapy assistant licensed under Chapter 4755 of the Revised Code;
(14) A physical therapist or physical therapy assistant licensed under Chapter 4755 of the Revised Code;
(15) A licensed professional clinical counselor, licensed professional counselor, social worker, or independent social worker licensed, or a social work assistant registered, under Chapter 4757 of the Revised Code;
(16) A dietitian licensed under Chapter 4759 of the Revised Code;
(17) A respiratory care professional licensed under Chapter 4761 of the Revised Code;
(18) An emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic certified under Chapter 4765 of the Revised Code. See Ohio Code 4769.01
- Medicare: means the program established by Title XVIII of the "Social Security Act" 49 Stat. See Ohio Code 4769.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(B) The department shall make findings regarding complaints of alleged violations of section 4769.02 of the Revised Code. The department shall not make findings until after doing all of the following:
(1) Investigating the complaint and determining that there is a reasonable basis for it;
(2) Giving notice to the person named in the complaint and affording a period of ten days following issuance of the notice during which the person may correct an alleged violation by reimbursing the medicare beneficiary or crediting the beneficiary’s account in an amount specified by the department;
(3) If the person named in the complaint does not choose to correct the alleged violation, giving the person notice and a reasonable opportunity for an adjudication hearing in accordance with Chapter 119 of the Revised Code.
(C) When the department finds, pursuant to division (B) of this section, that section 4769.02 of the Revised Code has been violated, the department may do any of the following:
(1) Publicly reprimand the violator;
(2) Issue an adjudication order requiring the violator to repay the medicare beneficiary an amount equal to the difference between the amount reimbursable under medicare and the payment received, plus interest on that amount at the rate prescribed under section 5703.47 of the Revised Code, from the date the beneficiary made payment until the date of the repayment;
(3) Issue an adjudication order imposing a penalty of five hundred dollars.
(D) When the department finds, pursuant to division (B) of this section, second and subsequent violations of section 4769.02 of the Revised Code by the same person, the department shall, in addition to imposing the penalties authorized by division (C) of this section, issue an adjudication order imposing a penalty of two thousand dollars for each violation subsequent to the first violation.
(E) If a violator of section 4769.02 of the Revised Code waived the right to a hearing under division (B)(3) of this section, the department shall reduce any monetary penalties imposed under division (C)(3) or (D) of this section by at least thirty-five per cent.
(F) If a violator is a corporation or partnership, an adjudication order under division (C) or (D) of this section may be issued to any corporate officer, any general partner, and any health care practitioner who is found pursuant to the investigation or hearing conducted under division (B) of this section to have had knowledge of, should have known of, or to have knowingly participated in a violation of section 4769.02 of the Revised Code.
(G) No penalty imposed under this section is cause to limit, deny, suspend, revoke, or deny the renewal of the license, certification, or registration of a health care practitioner; to refuse to license, certify, register, or reinstate an applicant for licensure, certification, or registration as a health care practitioner; to place a health care practitioner on probation; or, except as provided in divisions (C) and (D) of this section, to reprimand a health care practitioner.