Member Article

The Ohio Department of Health (“ODH”) has released the applications for both skilled and non-medical home healthcare licenses, which are now required pursuant to H.B. 110, now codified as R.C. 3740 et. sec. Agencies providing skilled home health care, nonmedical home health/personal care services, and non-agency providers of nonmedical home health/personal care services will be required to be licensed starting October 1, 2022.  Completed applications are due to the ODH by October 1, 2022, which is less than one month away.

The ODH will consider all completed applications filed by October 1, 2022 to be timely filed and in compliance with the license requirements of R.C. 3740.   However, anyone operating a home care agency or providing non-agency home care without having completed the application by October 1, 2022 may be subject to criminal prosecution. Now is the time to start compiling all of the necessary documents needed in order to complete your application for licensure.

What we know:

• All agency providers who have a primary function of providing skilled nursing, physical therapy, speech-language pathology, occupational therapy, and medical social services to a patient at the place of residence used as the patient’s home will be required to have a license.
• All agency providers who have a primary function of providing home health aide services to a patient at the place of residence used as the patient’s home will be required to have a license.
• Agencies who have multiple “sub-units” which are semi-autonomous and have separate supervision or administration, will require separate licenses from that of the parent organization.
• Agencies operating in other states who wish to provide services to patients in Ohio will need to establish an administrative office in Ohio prior to submitting an application for licensure.
• Non-agency providers who provide skilled care, home health aide services, or personal care services to a patient at a place of residence used as the patient’s home will be required to have a license.

Requirement for licensure:

• Skilled agencies and non-agency providers[1] 
  • Documentation showing certification for participation in Medicare, national accreditation, or certification by Department of Aging, or deemed accredited
  • Proof of providing services prior to effective date or surety bond
  • Names, address, phone number of company and owners, list of services provided, and description of geographic areas
     
• Nonmedical agencies and non-agency providers
  • Name, address and business telephone number of agency and owners
  • Corporate name if any and all documents filed with Secretary of State
  • List of all nonmedical home health care services provided, and policies and procedures related to those services
  • Statement identifying days and hours of operation
  • Information related to criminal records check
  • Fingerprint impressions of non-agency provider or primary owner of agency
  • Proof of providing services prior to effective date or surety bond

The application process

The completed applications must be submitted to the ODH by October 1, 2022 in order to be in compliance with Ohio law.  Will your application be ready to file on time?

Dinsmore’s health care attorneys have experience with all aspects of health care compliance and regulation. If you have questions about home care licensing, please contact LaTawnda Moore or your Dinsmore attorney.

[1]  Non-agency providers is a statutorily defined term. It excludes, caregivers of immediate family, those who care for not more than two individuals at the same time, volunteers, providers of childcare, and caregivers certified by the Department of Developmental Disabilities.