Beginning one year after the effective date of this section :

Terms Used In Ohio Code 3740.02

  • Employee: means a person employed by a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an individual and a person who works in such a position due to being referred to a home health agency by an employment service. See Ohio Code 3740.01
  • Home health agency: means a person or government entity, other than a nursing home, residential care facility, hospice care program, pediatric respite care program, pediatric transition care program, informal respite care provider, provider certified by the department of developmental disabilities under Chapter 5123 of the Revised Code, residential facility licensed under section 5119. See Ohio Code 3740.01
  • Nonagency provider: means a person who provides direct care to an individual on a self-employed basis and does not employ, directly or through contract, another person to provide the services. See Ohio Code 3740.01
  • Nonmedical home health services: means any of the following:

    (1) Any service identified in divisions (H)(1) to (4) of this section;

    (2) Personal care services;

    (3) Any other service the director of health designates as a nonmedical home health service in rules adopted under section 3740. See Ohio Code 3740.01

  • Skilled home health services: means any of the following:

    (1) Any service identified in divisions (G)(1) to (5) of this section;

    (2) Any other service the director of health designates as a skilled home health service in rules adopted under section 3740. See Ohio Code 3740.01

(A)(1) No home health agency shall do either of the following unless the agency holds a current, valid license to provide skilled home health services issued under this chapter:

(a) Provide skilled home health services through one or more employees;

(b) Hold the agency, or any employee of the agency, out as a provider of skilled home health services.

(2) No home health agency shall do either of the following unless the agency holds either a current, valid license to provide nonmedical home health services, or a current, valid license to provide skilled home health services, issued under this chapter:

(a) Provide nonmedical home health services through one or more employees;

(b) Hold the agency, or any employee of the agency, out as a provider of nonmedical home health services.

(B)(1) No nonagency provider shall do either of the following unless the provider holds a current, valid license to provide skilled home health services issued under this chapter:

(a) Provide skilled home health services;

(b) Hold oneself out as a provider of skilled home health services.

(2) No nonagency provider shall do either of the following unless the provider holds either a current, valid license to provide nonmedical home health services, or a current, valid license to provide skilled home health services, issued under this chapter:

(a) Provide nonmedical home health services;

(b) Hold oneself out as a provider of nonmedical home health services.

Last updated October 19, 2021 at 5:38 PM

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