3701-30-12 Lead poisoning prevention fund.

(A) The department of health may use the monies in the lead poisoning prevention fund for the purposes of the child lead poisoning prevention program established under section 3742.31 of the Revised Code, to provide financial assistance to individuals who are unable to pay for either of the following:

(1) Costs associated with obtaining lead tests and lead poisoning treatment for treatment for children under six years of age who are not covered by private medical insurance or are under insured, are not eligible for the medicaid program or any other government health program, and do not have access to another source of funds to cover the costs of lead tests and any indicated treatments;

(2) Costs associated with having lead hazard control performed or having the preventive treatments specified in section 3742.41 of the Revised Code.

(B) Distribution of the funds shall be made for the following as determined by the director:

(1) Costs associated with obtaining lead tests or lead poisoning treatment for children who qualify under the criteria set forth in paragraph (A) of this rule;

(2) Assist with costs for abatement of lead hazards identified in a lead hazard control order issued by the director of health and are determined to be cost-efficient. Priority for providing assistance to abate lead hazards shall be as follows:

(a) Owners of a freestanding single-family home used as the property owner's primary residence, in which a child under six years of age resides;

(b) Owners of a freestanding single-family home used as the property owner's primary residence, in which a child under six years of age is cared for on a regular basis;

(c) Owners of a freestanding single-family home used as the property owner's primary residence and have an individual at risk for lead poisoning residing in the property;

(3) Assist with the costs associated with taking a lead abatement contractor training course and obtaining a lead abatement contractor license if a property owner of a freestanding single-family residence used as the property owner's primary residence and subject to a lead hazard control order issued by the director of health agrees to abate the identified hazards after taking the course and obtaining a license;

(4) Costs of controlling lead hazards identified in a property subject to a lead hazard control order;

(5) Assist with the costs associated with preventive treatments implemented in accordance with section 3742.41 of the Revised Code, by an owner of a single-family residence used as the property owner's primary residence and an individual at risk of lead poisoning resides in the property.

(C) The director shall determine that individuals are unable to pay for lead hazard control or preventive treatments if they demonstrate that they are at or below three hundred per cent of the poverty income for their family size, as reported in the federal register by the United States department of health and human services, rounded up to the nearest five hundred dollars.

(D) Monies approved for the distribution from the fund shall be paid directly to the health care provider for costs incurred with testing or treating a child with lead poisoning pursuant to paragraph (B)(1) of this rule, or the contractor performing abatement or preventive treatments on the property or the approved training and licensing agencies for costs associated with licensed lead abatement contractor training pursuant to paragraphs (B)(2) to (B)(5) of this rule.

Effective: 11/20/2014
Five Year Review (FYR) Dates: 06/19/2014 and 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 3742.50
Rule Amplifies: 3742.01
Prior Effective Dates: 4/1/2004, 7/5/09