173-35-05.1 Determination of facility appropriateness.

(A) The PAA shall determine whether the facility in which an individual will be residing is appropriate for the individual’s needs.

(1) When making this determination, the PAA shall seek a recommendation from the reviewing mental health agency in the county in which the facility is located if:

(a) The individual has a history of receiving mental health services; or

(b) The individual is eligible for SSDI/SSI because of a mental disability but does not have a primary diagnosis of dementia, delirium, alzheimer’s disease, or any other cognitive disorders as defined in DSM-IV.

(2) Whenever a PAA is required to seek a recommendation from a reviewing mental health agency, the PAA shall submit to the agency a written request for a recommendation within ten calendar days of the date on which the individual selected the facility. The request shall include a completed referral/recommendation form and all available information on the individual and facility.

(B) When making its determination under paragraph (A) of this rule, the PAA shall consider whether:

(1) The individual’s preferences and needs as identified in the assessment;

(2) The facility’s resident agreement indicates that the facility provides the services required by the individual;

(3) The facility is an approved community living arrangement as defined in rule 173-35-02 of the Administrative Code;

(4) The facility’s license is current or the facility is under any sanction by a licensing or certification agency that would prohibit the admission of the individual; and

(5) The facility is operating in accordance with all applicable statutes and regulations.

(C) If the PAA determines that the facility is not appropriate to meet the individual’s needs, the PAA shall notify the individual and the designated mental health reviewing agency, if applicable, as to the rationale for the determination.

(1) The PAA shall assist the individual in locating a facility which is capable of meeting the individual’s needs.

(2) If the individual is not interested in another facility, the PAA shall inform the individual of the individual’s hearing rights in accordance with Chapter 5101:6-2 of the Administrative Code and deny the individual’s application for RSS.

HISTORY: Eff 7-1-00; 9-29-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 173.02, 173.35

Rule amplifies: RC 173.35

R.C. 119.032 Review Dates: 7/15/2002 and 09/15/2007