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Flashcards in Variances Deck (11):

The director may grant a variance from the requirements of rules 3701-17-50
through 3701-17-68 of the Administrative Code unless required by statute if the
operator or administrator shows that:
a.) granting the variance will not jeopardize
the health or safety of any resident
b.) Because of practical difficulties or other special conditions, strict application of the licensure requirement will cause unusual and unnecessary hardship
c.) An alternative to the licensure requirement, including new concepts, methods, procedures, techniques, or the conducting of pilot projects is in
the interest of better health care or management.
d.) No variance shall be granted that will defeat the spirit and general intent of these rules or otherwise not be in the public interest.
e.) All of the above

e.) All of the above


A request for a variance from the requirements of the residential care facility licensure rules shall be made in writing to the director, specifying the following 5 items:

(1)The rule requirement for which the variance is requested;
(2) The time period for which the variance is requested;
(3) The specific alternative action which the residential care facility proposes;
(4) The reasons for the request;
(5) An explanation of the anticipated affect granting of the variance will have on


The director may revoke a variance if the director determines that any of these 4 things have occurred:

(1) The variance is adversely affecting the health and safety of the residents;
(2) The residential care facility has failed to comply with the variance as granted;
(3) The operator or administrator notifies the department in writing that the owner or administrator wishes to relinquish the variance; or
(4) The variance conflicts with a statutory change thus rendering the variance invalid.


How does the director notify the operator, of the director's determination regarding a variance request and of a revocation of a granted variance?


The director shall notify the operator, in writing, of the director's determination regarding a variance request and of a revocation of a granted variance. The director may establish conditions that the residential care facility must meet for a variance to be operative.


In denying a variance, The director shall provide the residential care facility with an opportunity for what?



With an opportunity for an informal hearing concerning the denial of a variance request or a revocation of a granted variance, if requested by the operator within thirty days of the mailing of the notice of denial or revocation, but the
residential care facility shall not be entitled to a hearing under Chapter 119. of the Revised Code


Among the records and reports required by 3701 Admin Code, There are 9 specific records that each residential care facility shall maintain and which shall be made available for inspection at all times when requested by the director.  What are they?

(A) An individual record for each resident
(B) The incident log
(C) Copies of all current licenses, approvals and inspections required by rules
(D) A record of the name, address, working hours, medical statements, and training for staff members;
(E) Documentation of compliance with rule 3701-17-66 of the Administrative Code;
(F) Fire and evacuation procedures and records of fire drills
(G) Records of heating system checks and fire extinguishing system checks;
(H) All records required by state and federal laws and regulations as to the purchase,dispensing, administering, and disposition of prescription medications including unused portions.
(I) The residents' rights policies, procedures and records.


An individual record for each resident shall be stored in a manner that protects and ensures confidentiality, except that information shall be immediately accessible for an emergency.  True or False?



Each resident record shall be started immediately upon admission to the residential care facility and shall include what other items besides the following elementary information

•The resident's name,
•previous address,
•date of birth,
•the date the resident began living at the residential care facility;
•the names, addresses, and telephone numbers of the resident's attending physician,
•nearest relative, guardian, if any, and any other individuals the resident designates to be contacted, including individuals to be notified in the event of an emergency.



  • Copies of the health assessments required by rule 3701-17-58 of the
    Administrative Code;N
  • Notations about incidents and adverse changes in health status required by
    rule 3701-17-62 of the Administrative Code;
  • The medication record required by paragraph
  • any medicare-D plan, if any, in which the resident is enrolled and receives prescription medication;
  • The documentation required by paragraph (J) of rule 3701-17-60 for
    residents on special diets; andT
  • The written resident agreement
  • The documentation required by paragraphs (J)(5) of rule 3701-17-59 and (B)(4) and (C)(3) of rule 3701-17-59.1 of the Administrative Code for
    residents receiving skilled nursing care provided by the residential care
  • A copy of risk agreements entered into


Should a residential care facility coerce a resident to
provide any of this information of their personal information?


No.  No coercion


A record of the name, address, working hours, medical statements, and training for staff members means you should give the Director schedules, employee files, and in-service records.  Is this true Lindsay?



How long after the date of discharge do you have to keep resident records?



Seven years following the date of discharge except if the resident is a minor, such records shall be maintained for three years past the age of majority but not less than seven years.