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Health Care Alert: ICF Licensure conversion from ODH to DODD

The licensure process for intermediate care facilities (ICFs) currently licensed by the Ohio Department of Health (ODH) as nursing homes has recently changed.  ICF providers who are currently licensed by the ODH as nursing homes will need to apply for a residential facility license through the Ohio Department of Developmental Disabilities (DODD) by February 1, 2013.  This is a new change that went into effect as part of Ohio House Bill 487, which specifically requires providers that are currently operating an ICF pursuant to a nursing home license issued by ODH to apply to the Director of DODD for a residential facility license.  The application must be filed with DODD no later than February 1, 2013, and the new license must be obtained no later than July 1, 2013.  The ICF nursing home license will cease to be valid at the earlier of the date that the ICF's nursing home license is revoked or voided or the date a residential facility license from DODD is obtained. 

Once complete, all ICFs will be licensed by DODD under the same DODD licensure requirements.  DODD has been working with most providers and has issued a 15-step "ODH to DODD Licensing Process" on its website that can be found at  Providers will initially be issued a one-year interim license by DODD, and ODH will terminate the ODH license the calendar day prior to the effective date of the DODD license.  According to DODD, a technical assistance (TA) visit of the ICF will be conducted by DODD within sixty (60) days of the issuance of the interim license, and a mock survey will be conducted by DODD within 180 days of the interim license issue.  The first annual survey for which a term license will be issued by DODD will occur within 270 days of the issuance of the interim license. 

Vorys health care attorneys have experience with the ICF licensure rules and can assist in the ODH to DODD licensure process.  For additional information, please contact Suzanne Scrutton at (614) 464-8313 or Robin Bravchok at (614) 464-5466.   

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