This is a general overview of assisted living regulations in Ohio. If you are a
member and would like more in-depth information, please visit the Members Only section
of our website. For more general information, please visit our Consumer section,
What is Assisted Living? and Frequently Asked Questions.
In Ohio, assisted living communities housing seventeen or more individuals are licensed
as residential care facilities (RCFs). The Ohio Department of Health issues this
license. Smaller assisted living communities that want to provide one or more skilled
nursing care services must also be licensed as residential care facilities. Interested
persons can find the licensing standards for RCFs in rules 3701-17-50 to 3701-17-68
of the Ohio Administrative Code (OAC). These rules are available on ODH’s website
at http://www.odh.ohio.gov and can be accessed by clicking the “Rules” button and
then “Final Rules”. Several other rules also apply to RCFs, such as the rules that
set forth a resident’s rights (Chapter 3701-61 of the OAC), and the criminal records
check requirements for persons providing direct care to residents (Chapter 3701-13
of the OAC). These rules may be accessed through links to the Ohio Revised Code
(law) and the Ohio Administrative Code (rules) from the ODH Rules page. Additionally,
rules 4723-27-01 through 4723-27-14 cover the Certified Medication Aide Program and
rules 173-39-01 through 173-39-08 and 5101-3-1-06.5, 5101-3-33-02 through 5101-3-33-07
cover the Assisted Living Medicaid Waiver. Interested parties can purchase hard
copies of the rules by calling 614-481-1950, or e-mailing us at: email@example.com
Recently, the licensure and oversight of smaller communities providing housing and
personal care services, was transferred from the Ohio Department of Health to the
Ohio Department of Mental Health. The rules for these facilities, Adult Care Facilities
(ACFs) and Adult Foster Homes (AFoHs) can be found in OAC 5122-33-01 through 5122-33-27.
Besides complying with the above referenced rules, assisted living facilities classified
as RCFs or “homes” have to meet all applicable state requirements. For example,
the Ohio Revised Code (ORC) contains several statutes that apply to assisted living
facilities, including the Ohio Building Code (Chapter 3781 and Chapter 3791 of the
ORC), the State Fire Code (Chapter 3737 of the ORC), and the statute that grants
residents’ rights (Section 3721.13 of the ORC). Interested parties can find the
rules that carry the building code in Chapter 4010:2 of the OAC and that carry out
the fire code in Chapter 1301:7-1 of the OAC.
OALA's Revised and Updated Rule Binders -
$99 for members
$150 for non-members
OALA publishes at regular intervals when rules are changed a rule binder incorporating
the residential care facility rules...plus other rules impacting Assisted Living
providers including the Assisted Living Waiver rules, the criminal background rules,
the DNR Rules, the smoking rules, medication aid rules and pertinent sections of
the Ohio Revised Codes.
Updated rule binders with an introduction for each section of rules with numbered
table of contents are included. This format allows for easy reference.
To purchase without a credit card, please call our office 614-481-1950 to order your
rule binder and we will invoice.