Ohio Admin. Code 173-45-10

Current through all regulations passed and filed through November 4, 2024

Section 173-45-10 - Long-term care consumer guide: consumer

(A) Definitions for this rule:

(1) "Consumer satisfaction survey" means the customer satisfaction survey under section 173.47 of the Revised Code.

(2) "Domain" means a subset of a survey question identified by the survey administrator as an area of interest to long-term care facility consumers.

(3) "Survey administrator" means a designee of ODA responsible for implementing a consumer satisfaction survey.

(B) Survey information: The guide shall include the following information that is derived each year from an annual consumer satisfaction survey of each long-term care facility conducted by ODA or a survey administrator pursuant to section 173.47 of the Revised Code:

(1) A description of the survey and of the calculation methods used.

(2) Item scores for each facility, which are calculated by averaging the numerical response for each item on all returned surveys pertaining to a particular facility. Each survey administrator shall do the following:

(a) Determine an item score by assigning a number in the range of zero to one hundred.

(b) Exclude a response from the calculation of an item score whenever the respondent did not respond to an item or when the respondent believes the item is not applicable, which is indicated by responses such as "I don't know" or "This does not apply to me".

(c) Exclude a returned survey if fewer than ten per cent of the survey items are completed or if the survey was incomplete due to a resident's inability to respond to the survey questions.

(3) Statewide item scores for all items of the survey, calculated by averaging all item scores for all facilities for which enough surveys were returned to be within a ten per cent margin of error.

(4) Domain scores for each facility, which are calculated by averaging the facility item scores in a domain for all returned surveys on which the consumer omitted no more than two items in that domain.

(5) Statewide domain scores, which are calculated as the average of all facility domain scores.

(6) Facility response rate for a satisfaction survey of a sample of consumers conducted by mail, which is calculated by dividing the number of surveys returned by the number of surveys issued to consumers.

(a) The number of surveys issued to facility consumers should reflect both of the following:

(i) A generally accepted response rate for similar surveys.

(ii) The most recent available estimate of the occupancy of that facility.

(b) A survey audit form will be used to confirm the occupancy of a facility and the number of surveys that were distributed to the consumers of that facility.

(7) A facility response rate for a satisfaction survey of a whole population of a facility's consumers is calculated by dividing the number of surveys returned by the number of consumers surveyed.

(8) A statewide response rate, which is calculated as the average of all facility response rates.

(9) An overall facility satisfaction score, which is calculated by averaging all item scores on all returned surveys pertaining to a particular facility. If the survey administrator determines that there are not enough returned surveys from that facility to be within a ten per cent margin of error, then no overall satisfaction survey score will be displayed.

(10) A statewide satisfaction score, which is calculated by averaging all overall facility satisfaction scores for facilities for which enough surveys were returned to be within a ten per cent margin of error.

(11) The total number of surveys returned statewide.

(12) Statewide high and low item scores, which are obtained by identifying the highest and lowest item score among all facilities that have enough returned surveys to be within a ten per cent margin of error.

(13) Statewide high and low domain scores, which are obtained by identifying the highest and lowest domain score among all facilities that have enough returned surveys to be within a ten per cent margin of error.

(C) Confidentiality: To protect the privacy of the survey's respondents, the long-term care consumer guide shall not report the results from any facility for which no more than two surveys were returned.

(D) Invalid surveys: An invalid survey includes a survey that is completed by a person other than a consumer (e.g., completed by a member of the facility's staff) or involves surveying the wrong population (e.g., surveying the resident instead of the family). If ODA's review of any survey indicates that the survey is invalid, ODA may take one or more of the following actions:

(1) Remove invalid scores from the calculation of the overall satisfaction scores.

(2) Remove the facility's scores from the long-term care consumer guide and any published reports of the survey results.

(3) Refer the facility with invalid scores to the appropriate investigatory agency.

(E) Margin of error: The number of completed surveys considered necessary for a facility to not exceed a ten per cent margin of error is based on the size of the facility and shall be governed by table 1 to this rule.

Table 1

NUMBER OF RESIDENTS OF A FACILITY	NUMBER OF RESIDENT SURVEYS NEEDED TO NOT EXCEED A 10% MARGIN OF ERROR
3-5	All
6-10	5
11-12	6
13	7
14-15	8
16-18	10
19-23	11
24	12
25-26	13
27-28	14
29-31	15
32-63	16
34-35	17
36-37	18
38-45	19
46	20
47-55	21
56	22
57-67	23
68-80	24
81-86	25
87-91	26
92-111	27
112-134	28
135-155	29
156-177	30
178-238	31
239-312	32
313 or more	33

(F) Quality assurance: Any survey administrator conducting a consumer satisfaction survey on behalf of ODA shall take quality-assurance measures such as inter-rater reliability testing.

Ohio Admin. Code 173-45-10

Five Year Review (FYR) Dates: 10/5/2021 and 10/05/2026
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.49; 42 U.S.C. 1396a
Rule Amplifies: 173.44, 173.47, 173.46; 42 U.S.C. 1396a
Prior Effective Dates: 09/07/2006, 07/01/2007, 08/30/2010, 07/11/2013, 12/01/2015, 11/16/2020

Effective: 11/16/2020
Five Year Review (FYR) Dates: 9/1/2020 and 11/14/2025
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.49; 42 U.S.C. 1396a
Rule Amplifies: 173.44, 173.47, 173.46; 42 U.S.C. 1396a
Prior Effective Dates: 09/07/2006, 07/01/2007, 08/30/2010, 07/11/2013, 12/01/2015