Ohio Code 5165.78 – Appointment of temporary resident safety assurance manager
(A) If the department of medicaid determines that a nursing facility is experiencing or is likely to experience a serious financial loss or failure that jeopardizes or is likely to jeopardize the health, safety, and welfare of its residents, the department, subject to the provider‘s consent, may appoint a temporary resident safety assurance manager in the nursing facility to take actions the department determines are appropriate to ensure the health, safety, and welfare of the residents.
Terms Used In Ohio Code 5165.78
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Ohio Code 1.59
- Provider: means an operator with a provider agreement. See Ohio Code 5165.01
- Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5165.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) A temporary resident safety assurance manager appointed under this section is vested with the authority necessary to take actions the department of medicaid determines are appropriate to ensure the health, safety, and welfare of the residents.
(C) A temporary resident safety assurance manager appointed under this section may use any of the following funds to pay for costs the manager incurs on behalf of the nursing facility:
(1) Medicaid payments made in accordance with the provider agreement for the nursing facility;
(2) Funds from the residents protection fund that the department provides the manager under section 5162.66 of the Revised Code;
(3) Other funds the department determines are appropriate if such use of the funds is consistent with the appropriations that authorize the use of the funds and all other state and federal laws governing the use of the funds.
(D) The provider is liable to the department for the amount of any payments the department makes to the temporary resident safety assurance manager, other than payments specified in division (C)(1) of this section. The department may recover the amount the provider owes the department by doing any of the following:
(1) Offsetting medicaid payments made to the provider in accordance with the provider agreement;
(2) Placing a lien on any of the provider’s real and personal property;
(3) Initiating other collection actions.
(E) No action the department takes under this section is subject to appeal under Chapter 119 of the Revised Code.
(F) In rules authorized by section 5165.61 of the Revised Code, the medicaid director may establish all of the following:
(1) Qualifications persons must meet to be appointed temporary resident safety assurance managers under this section;
(2) Procedures for maintaining a list of qualified temporary resident safety assurance managers;
(3) Procedures consistent with federal law for paying for the services of temporary resident safety assurance managers;
(4) Accounting and reporting requirements for temporary resident safety assurance managers;
(5) Other procedures and requirements the director determines are necessary to implement this section.