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HB 876

Regards shared bathrooms under the assisted living program

136th Legislature (2025-2026) Introduced by Meredith Craig

The bill requires provider certification for PASSPORT and assisted living services and lets facilities with certain shared bathrooms join the program, with rules and oversight.

Referred to committee
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Bill Summary · HB 876

Summary of HB 876 (168th General Assembly, Ohio)

Purpose and intent

  • This bill amends sections related to provider certification and oversight for the state’s aging programs, and creates/clarifies rules governing shared bathroom arrangements in assisted living offerings.
  • Specifically, it updates certification requirements for providers offering PASSPORT and assisted living program services, and sets standards for the use of shared bathrooms in residential care facilities participating in the assisted living program.

Key provisions and changes

Certification and payment requirements (shared provisions with 173.39, 173.391, and new 173.394)

  • Definitions (Sec. 173.39(A)):
    • “Provider”: any person or government entity delivering services under programs administered by the Department of Aging, including home and community-based services and those under the PASSPORT program or the assisted living program.
    • “Community-based long-term care services” aligns with existing definition.
    • “PASSPORT program” and “assisted living program” align with current code definitions.
  • Payment condition (Sec. 173.39(B)):
    • The Department of Aging shall not pay a provider for services under PASSPORT or the assisted living program unless the provider is certified under Sec. 173.391 and the service is actually provided.
    • For other programs administered by the department, payment may be contingent on certification under 173.391 if required by the department; if not required, payment is contingent on compliance with Sec. 173.392.
  • Certification standards and actions (Sec. 173.391):
    • The department (or designee) certifies providers meeting established requirements and paying any applicable fees.
    • The department may impose disciplinary actions (written warnings, plans of correction, suspensions, removal of clients, civil penalties, revocation, or other sanctions).
    • Hearings may be held for disputes over certification or certain disciplinary actions, subject to specified conditions.
    • The department must adopt rules governing certification standards, disciplinary actions, and procedures, including consideration of provider experience, financial responsibility, service quality, and ability to meet clients’ needs.
    • Grounds for disciplinary action include good cause such as misfeasance/malfeasance, abuse/neglect, financial irresponsibility, or conduct injurious to health/safety.
    • Conditions under which hearings may be bypassed include situations where the provider has mandatory licenses or certifications from other government entities or certain Medicaid-related issues, among others.
    • Notifications of non-certification or disciplinary action may be issued to providers by regular or electronic mail.
    • Fees may be set for certification, and funds collected go to a Provider Certification Fund to cover certification administration, program costs, and the Ohio long-term care consumer guide.
    • The director may certify providers based on experience in other states or equivalent certifications.

Shared bathrooms in residential care facilities participating in the assisted living program (Sec. 173.394)

  • Definitions (Sec. 173.394(A)):
    • “Full bathroom”: toilet, sink, and shower or bathtub.
    • “Fully enclosed shared bathroom facilities”: a shared bathroom not directly accessible from a resident’s living quarters.
    • “Half bathroom”: toilet and sink.
    • “Residential care facility” follows existing definition.
  • Certification not denied due to shared bathrooms (Sec. 173.394(B)):
    • A residential care facility will not be denied certification for participation in the assisted living program solely because two residents share a full bathroom, provided:
    • The shared full bathroom is accessible from each resident’s living quarters and can be locked from inside, or the unit includes a shared common space with the full bathroom accessible only from that space.
    • In addition to the shared bathroom, the facility provides at least one other half bathroom on the same floor not connected to any resident’s unit.
    • Shared and other accessible bathrooms meet ADA accessibility requirements.
    • Residents are informed of the shared bathroom arrangement before admission and sign a written consent.
    • For memory care services, if a memory care unit uses fully enclosed shared bathrooms, that arrangement is permitted.

Who is affected

  • Providers delivering PASSPORT or assisted living program services, and other department-administered program providers that may require certification.
  • Residential care facilities seeking to participate in the assisted living program, particularly those with shared bathrooms.
  • Department of Aging and its designees, which administer certification, discipline, and related oversight.
  • Residents in residential care facilities, especially those in units with shared bathrooms or memory care units.

Procedural and timeline aspects

  • Certification and payment are tied to compliance with Sec. 173.391 and related sections; providers must obtain and maintain certification to receive payments for services.
  • The department will adopt implementing rules under Chapter 119 to define certification standards, disciplinary actions, evaluation procedures, and related processes.
  • Disciplinary actions range from warnings to revocation, with hearings available in many cases; notices may be sent by mail or electronically.
  • A dedicated Provider Certification Fund is created to receive collected fees and support certification administration, program administration, and the Ohio long-term care consumer guide.

Notes

  • The bill repeals the existing sections 173.39 and 173.391 and replaces them with the amended provisions plus new 173.394, aligning certification processes with shared bathroom arrangements in certain facilities.
  • Specific effective dates are not provided in the text excerpt; implementation would depend on final legislative action and rulemaking timelines.

Compiled from official sources — confirm details with the bill’s official record.

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