Chapter 5122:2-1 Community Mental Health Board Operations

5122:2-1-02 Board client rights and grievance procedure.

(A) The purpose of this rule is to describe the role and responsibilities of boards in the client rights and grievance procedures.

(B) The provisions of this rule are applicable to each board of alcohol, drug addiction, and mental health services constituted according to section 340.02 of the Revised Code, or a community mental health board or an alcohol and drug addiction services board as described in section 340.021 of the Revised Code. In addition, the provisions of rule 5122-26-18 of the Administrative Code are also applicable to each board which itself provides mental health or addiction services when permitted to do so in accordance with section 340.037of the Revised Code.

(C) Definitions.

(1) "Board" means a board of alcohol, drug addiction, and mental health services constituted according to section 340.02 of the Revised Code, or a community mental health board or an alcohol and drug addiction services board as described in section 340.021 of the Revised Code.

(2) "Client advocate" means the individual designated by a community mental health or addiction services provider or board with responsibility for assuring compliance with the client rights and grievance procedure rule as implemented within each provider or board. For these purposes the the title has the same meaning as client rights officer or client rights specialist.

(3) "Contract provider" means a public or private service provider with which a board enters into a contract for the delivery of mental health or addiction services. A board which is itself providing mental health or addiction services is subject to the same requirements and standards which are applicable to contract providers, as specified in rule 5122:2-1-05 of the Administrative Code.

(4) "Grievance" means a written complaint initiated either verbally or in writing by a client or by any other person or provider on behalf of a client regarding denial or abuse of any client's rights.

(5) "Services" means the complete array of professional interventions designed to help a person achieve improvements in mental health such as counseling, individual or group therapy, education, community psychiatric supportive treatment, assessment, diagnosis, treatment planning and goal setting, clinical review, psychopharmacology, discharge planning, professionally-led support, etc.

(D) Board procedure.

(1) Each board shall assure that each contract provider has a grievance procedure in place which meets the requirements of rule 5122-26-18 of the Administrative Code. Each board shall recognize that, for a provider accredited and granted deemed status by the Ohio department of mental health and addiction services in accordance with rule 5122-25-02 of the Administrative Code, the requirements of rule 5122-26-18 of the Administrative Code are met by provider conformance to its accrediting body standards.

(2) Each board must establish a procedure for addressing client rights complaints, including, when applicable, complaints initiated in accordance with rule 5122-30-22 or 5122-30- 22.1 of the Administrative Code on behalf of a resident of a residential facility. This procedure must include:

(a) Provision for accessing provider information relevant to the complaint;

(b) Provision of written copy of the board's grievance procedure to be available on request;

(c) Specification of time lines for a resolution of the grievance, not to exceed twenty-one working days from the date the grievance is filed;

(d) Provision for written notification and explanation of the resolution to be provided to the client, or to the griever if other than the client, with the client's permission;

(e) A statement regarding the option of the griever to further grieve with any or all of the following: Ohio department of mental health and addiction services, the Ohio protection and advocacy system (disability rights Ohio), or the U.S. department of health and human services. Appropriate professional licensing or regulatory boards' relevant names, addresses, and telephone numbers shall be included; and

(f) Provision for providing, upon request, relevant information about the grievance to one or more of the organizations specified in this paragraph to which the griever has initiated a complaint.

(E) Implementation and monitoring.

(1) Any board may accomplish its responsibilities in regard to the provisions of this rule and rule 5122-26-18 of the Administrative Code through utilization of its own staff or board members as appropriate, or through agreement with outside staff, agencies, providers, or organizations, except that:

(a) Each board must assure prompt accessibility of the client advocate.

(b) The utilization of outside persons must be clearly explained to clients, applicants, and grievers.

(2) The board shall also keep records of grievances it receives, the subject of the grievances, and the resolution of each, and shall assure the availability of these records for review by the department of mental health and addiction services upon request. The board shall summarize annually its records to include number of grievances received, types of grievances, and resolution status.

(3) The department of mental health and addiction services may periodically review the implementation of client rights policy and grievance procedures in each board area. Each board shall maintain a client rights policy and grievance procedure that is approved by the department of mental health and addiction services. Subsequent substantive changes to such written policy and procedure shall be submitted to and approved by the department before enactment.

Effective: 1/14/2018
Five Year Review (FYR) Dates: 10/25/2017 and 01/14/2023
Promulgated Under: 119.03
Statutory Authority: 5119.22
Rule Amplifies: 5119.36
Prior Effective Dates: 04/09/1987, 03/01/2012

5122:2-1-03 County withdrawal from a joint-county community mental health board.

(A) The purpose of this rule is to establish the criteria and procedures for department of mental health and addiction services authorization of the withdrawal by one or more board(s) of county commissioners from participation in a joint-county board.

(B) The provisions of this rule are applicable to all counties which participate in joint-county boards and particularly to each board of county commissioners which proposes to withdraw from a joint-county board.

(C) Procedures for requesting withdrawal.

(1) The board(s) of county commissioners of the county or counties requesting withdrawal shall submit to the director of the department of mental health and addiction services and to the commissioners and boards of alcohol, drug addiction, and mental health services of each county in the joint-county board a resolution of the county commissioners requesting withdrawal together with a comprehensive written plan which shall include:

(a) Reasons for requesting such withdrawal;

(b) Description of the proposed new board service district and a map showing all relevant civil subdivisions, major lines of transportation, and location of mental health, addiction, health, and social service agencies in the proposed new board district to be comprised of or to include the withdrawing county(ies);

(c) Analysis and projection of the demographic and organizational elements to be affected including

(i) Projection, for at least four years from the proposed first year, of the populations in the proposed new and remaining board service districts, respectively, and

(ii) Identification of any existing contractual networks of mental health and addiction service programs which cross county boundaries and which would be disrupted if the proposed withdrawal occurs; and if a disruption is contemplated, a plan to assure continued service to clients must be included in the general plan;

(d) Evidence of the adequacy of community interest and of potential resources in the proposed new board service district, including the endorsement of civic and professional leaders and the adequacy of funding resources within the proposed new board service district, to support the organization and delivery of mental health and addiction services and programs which meet at least the minimum program standards of the department, including services to client population groups in the district that are designated by the department for high priority ;

(e) Evidence that relevant community organizations, including at least all mental health, addiction, health, and social service agencies and providers within the proposed new board service district, have been informed in writing of the proposed new board service district, its population and funding resources in relation to ability to provide needed services in accordance with the approved board comprehensive annual plan as required by section 340.03 of the Revised Code, and that these agencies and providers have been invited to submit written comments to the board(s) of county commissioners in the proposed new board service district; and

(f) Evidence that a public hearing has been announced to all relevant agencies and providers and to the general public within the proposed new board service district to be comprised of or to include the withdrawing county(ies), that such a public hearing has been conducted, and evidence of all written comments and other testimony received.

(g) Evidence that any county withdrawing from a joint-county board would continue to have levied against its tax list and duplicate any tax levied by the district during the period in which the county was a member of the joint-county board until such time as the levy expires or is renewed or replaced.

(h) Evidence of the provision for the equitable adjustment and division of all mental health and addiction services, assets, property, debts, and obligations, if any, of the joint-county district.

(D) Review by the department

(1) On receipt of the written proposed plan by the department, the director shall consider the request for withdrawal to assure:

(a) Compliance with all required standards and procedures in paragraph (C) of this rule;

(b) That relevant organizations and the general public have had the opportunity for comment and that all substantive, relevant questions, issues, and complaints have been appropriately resolved;

(c) That the remaining county or counties from which the withdrawal is proposed are able to assure continuation of services and programs which meet at least minimum program standards of the department.

(2) However, if substantive issues have not been resolved, or the proposed plan is not generally endorsed, or if the director has reason to believe the proposed plan is not in the best interest of the citizens of the county or the currently existing district, the director may, within thirty days of receipt of the proposed plan, request that a hearing be held to examine the relevant facts and opinions in order to make a decision. The hearing process shall be as follows:

(a) Reasonable public notice shall be given prior to the date set for the hearing and shall include:

(i) A statement that the department of mental health and addiction services will hold a hearing on the proposed plan for withdrawal of one or more county(ies) from a joint-county district, and

(ii) The date, time and place of the hearing. All efforts will be made to hold the hearing in the county(ies) requesting withdrawal.

(b) On the date, time and place designated in the notice, the department of mental health and addiction services will conduct a hearing at which any person or representative of any organization affected by the proposed action of the county may appear and be heard in person. Written or oral comment may be provided.

(c) The director shall designate a hearing officer to preside at said hearing. Such officer shall review the testimony and make a recommendation within thirty days to the director.

(3) The director shall notify the requesting board(s) of county commissioners of the department's approval or disapproval of the proposed plan in writing within sixty days after the department's receipt of the proposed plan for withdrawal, or within sixty days after the date of the hearing.

(4) No county participating in a joint-county service district may withdraw therefrom without the consent of the director nor earlier than one year after the submission of such resolution unless all of the participating counties agree to an earlier withdrawal.

Effective: 1/14/2018
Five Year Review (FYR) Dates: 10/25/2017 and 01/14/2023
Promulgated Under: 119.03
Statutory Authority: 5119.22
Rule Amplifies: 340.01
Prior Effective Dates: 05/01/1968, 09/24/1984, 03/22/2012

5122:2-1-04 Department of mental health and addiction services appointments to boards.

(A) Purpose. The purpose of this rule is to establish a procedure for the Ohio department of mental health and addiction services (OhioMHAS) appointment of members of boards established pursuant to section 340.02 of the Revised Code, including reasonable notification of the interested public.

(B) "Board" for the purposes of this rule means any community mental health board; alcohol, drug addiction, and mental health services board; alcohol and drug addiction services board; or any other board established pursuant to section 340.02 of the Revised Code.

(C) Procedure

(1) When a vacancy becomes available for a department appointment or reappointment to a board , the board shall notify the OhioMHAS office of community support.

(2) The board may use public notification through posting, media, etc., to assure reasonable notification of the interested public. Any such notification shall include:

(a) Eligibility requirements for board membership under section 340.02 of the Revised Code;

(b) Duties and responsibilities of a board member as defined by statute;

(c) Length of the term of the vacancy being filled;

(d) Specific requirements for the board vacancy which is under consideration, if such requirements are present ;

(e) Procedure and time limits for application;

(f) Process of obtaining state application form for appointment;

(g) Application and selection procedure as described in paragraph (B)(3) of this rule.

(3)

(a) Applications shall be prepared on the form provided by OhioMHAS, which shall include the board being applied for, appointment type, name of applicant, address, county of residence, education, experience, any applicable licensing information, a personal statement, demographic information, the applicant's signature, and the opportunity for the board to recommend the appointment and request waiver of appointment types.

(b) The receipt of applications, review and screening of applications, and interviewing of applicants may be delegated upon the discretion of the director of OhioMHAS. Notice of this delegation of authority shall be given to the board in written form with directions for forwarding to the department the results of these activities.

(c) The director, or the director's designee, will evaluate eligible candidates with the following priorities:

(i) Statutory requirements regarding the appointment ;

(ii) Effort to balance the composition of the board.

(D) The names, occupations, and length of service of all current board members at the time of adoption of this rule shall be forwarded to the department as of the effective date of this rule. An updated list forwarded to the department will be required when any appointments are requested.

Five Year Review (FYR) Dates: 7/18/2018 and 07/18/2023
Promulgated Under: 119.03
Statutory Authority: 340.02
Rule Amplifies: 340.02
Prior Effective Dates: 05/01/1968, 10/14/1982, 12/19/2013

5122:2-1-05 Board operation of mental health or addiction services or facilities.

(A) The purpose of this rule is to establish the requirements and procedures for department of mental health and addiction services authorization of a board of alcohol, drug addiction, and mental health services to operate a facility or provide an addiction service or mental health service.

(B) The provisions of this rule apply to any mental health or addiction service or activity specified section 340.036 of the Revised Code, or to any facility in which such services are provided, and which operate under contract with the board.

(C) Definitions For the purposes of this rule and section 340.037 of the Revised Code the following definitions apply:

(1) "Board" means a board of alcohol, drug addiction, and mental health services constituted according to section 340.02 of the Revised Code, or a community mental health board or an alcohol and drug addiction services board as described in section 340.021 of the Revised Code.

(2) "Director" means the chief executive and administrative officer of the Ohio department of mental health and addiction services.

(3) "Emergency" means the imminent risk of a severe disruption or discontinuation of direct client services. For example, the sudden and unanticipated loss of funding or the loss of key staff may create a severe disruption or discontinuation of services.

(4) "Facility" means a building, structure or other improvement, equipment, and real property and interests in real property.

(5) "Operation of services, or facilities" means decision making or control and influence over decision making in the management or performance of a service, or facility.

(D) Section 340.036 of the Revised Code requires that addiction servess and mental health services be delivered by providers under contract with a board. Services may be directly provided by a board only in the exceptional circumstances described in section 340.037 of the Revised Code.

(E) Where prior approval of the director is required pursuant to either division (A)(1) or division (B)(3) of section 340.037 of the Revised Code for a board to operate a facility or provide an addiction service or mental healthservicee, the request for approval shall include:

(1) Evidence that either:

(a) There is no other qualified private or public facility, community addiction services provider, or community mental health services provider that is immediately available and willing to operate such a facility or provide the service; or,

(b) There exists an emergency necessitating the board operating the facility or providing the service;

(2) The projected time period during which the board intends to operate the facility or provide the service;

(3) Assurance of the prompt development of a plan for ensuring that another provider will assume responsibility for operating the facility or provide the service; and,

(4) The operating plan for board provision of the service or facility.

(F) Any board which operates a facility or provides a service under the provisions of this rule and section 340.037 of the Revised Code shall comply with all requirements and standards as specified in rules of the department promulgated pursuant to Chapter 119. of the Revised Code which are applicable to contract providers.

(G) The director shall notify the requesting board of approval or disapproval in writing within sixty days of department receipt of all required evidence, assurances, and plans as specified in paragraph (E) of this rule. If a board submits a request to operate a facility or mental health or addiction service in an emergency, the director shall notify the requesting board of approval or disapproval within fourteen days of department receipt of all required evidence, assurances and plans, or the director shall notify the requesting board of the date by which the department expects to issue a response. The time frame for response shall take into consideration the nature of the emergency and the projected date identified by the board to begin operation of services or a facility, and shall not exceed sixty day of receipt of all required evidence, assurances and plans as specified in paragraph (E) of this rule.

Replaces: 5122:2-1-05

Effective: 1/14/2018
Five Year Review (FYR) Dates: 01/14/2023
Promulgated Under: 119.03
Statutory Authority: 5119.21
Rule Amplifies: 340.037
Prior Effective Dates: 09/24/1984, 04/15/2012

5122:2-1-06 Mediation procedures for boards of alcohol, drug addiction, and mental health services and service providers of those boards.

(A) The purpose of this rule shall be to establish mediation procedures for boards of alcohol, drug addiction, and mental health services (boards) and community addiction, gambling addiction, or community mental health services providers (service providers) contracted by those boards.

(B) The provisions of this rule shall be applicable to the department of mental health and addiction services, boards and service providers.

(C) The provisions of this rule shall be liberally construed to promote resolution of disputes between boards and service providers.

(D) Request for mediation

(1) If either a board or a service provider with which it contracts for services, programs, or facilities proposes not to renew the contract or proposes substantial changes in contract terms, the other party shall be given written notice at least one hundred twenty days before the expiration date of the contract.

(2) The party given such notice may request advisory mediation within sixty days before the expiration date of the contract.

(3) Request for mediation shall be in writing addressed to the " Office of Legal and Regulatory Services, Department of Mental Health and Addiction Services, 30 E. Broad Street, Columbus, Ohio 43215."

(4) Requests shall include a copy of the contract or agreement between the parties and a brief statement of issues in dispute.

(5) The office of legal regulatory services shall contact the other party to the dispute within seven calendar days of receipt of the request to determine whether that party agrees to mediate the dispute.

(6) Should one party not agree to mediation, the office of legal and regulatory services shall notify both parties accordingly. No further procedures are then required by this rule.

(E) Selection of a mediator

After the requirements of paragraph (D) of this rule have been satisfied, the parties will attempt to select an impartial mediator by mutual agreement. In the event the parties cannot reach such an agreement, by joint letter they will request the office of legal and regulatory services to submit a panel of not more than five names of persons considered qualified to mediate disputes by the office. Representatives of the parties shall strike names from the panel alternately until one name remains. That person shall serve as mediator.

(F) Function of mediator

(1) The sole function of the mediator shall be advisory in nature.

(2) The mediator shall have the authority to:

(a) Request documents or other material from either party in order to mediate the dispute;

(b) Submit written questions to either party;

(c) Conduct joint meeting between the parties;

(d) Make written recommendations to the parties for resolution of the dispute;

(e) Establish timelines for resolution of the dispute.

(G) Joint meeting

(1) The mediator shall arrange a meeting between the parties for the purpose of receiving arguments and written material concerning each party's position.

(2) Each party shall designate one representative, authorized to represent the party pending ratification by the appropriate board, to the meeting. The parties may send other personnel to the meeting in addition to the representative.

(3) Each party shall present arguments on the merits of their position and submit written material or exhibits relevant to a resolution of the dispute at the meeting, provided that the mediator may require presentation of written material to the other party and the mediator, prior to the meeting.

(4) The mediator shall preside at the meeting and at his discretion:

(a) Limit the length of each party's oral presentation;

(b) Limit the amount of written material or exhibits submitted by a party at a meeting;

(c) Decide whether material submitted is relevant to the issues in dispute and exclude material that is not relevant or cumulative;

(d) Provide for the meeting to be recorded, by tape recorder or other means;

(e) Adopt other procedures to govern the conduct of the meeting or necessary for equitable presentation of each party's position.

(5) The "Ohio Rules of Evidence" shall not apply to the proceeding between the parties at a joint meeting.

(6) At the conclusion of the joint meeting, the mediator shall set a date for issuance of his written recommendations for resolution of the dispute.

(H) Recommendations:

(1) The mediator shall make written recommendations for resolution of the dispute.

(2) A copy of the mediator's recommendations shall be sent to the office of legal and regulatory services and the parties.

(3) The mediator's recommendations shall not be binding on either party.

(I) Time for completion of mediation

(1) The mediation shall be completed and the written recommendations issued not later than twenty days before the expiration date of the cotnract , unless both parties agree to a time extension.

(2) An agreement to extend the time for mediation must be in writing, signed by a representative of both parties and contain a date for completion of the mediation.

(J) Mediation fees

(1) The fee, if any, of the mediator shall be divided equally between the parties.

(2) Each party shall otherwise be responsible for their own expenses arising from the utilization of the mediator.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/30/2018 and 04/16/2018
Promulgated Under: 119.03
Statutory Authority: 5119.141
Rule Amplifies: 340.036
Prior Effective Dates: 05/01/1968, 11/15/1982

5122:2-1-09 [Rescinded] Community plan.

Effective: 02/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 5119.61
Rule Amplifies: 5119.61
Prior Effective Dates: 5/1/1968

5122:2-1-10 [Rescinded] Access to confidential personal information.

Effective: 12/14/2014
Five Year Review (FYR) Dates: 09/29/2014
Promulgated Under: 119.03
Statutory Authority: 1347.15, 5119.10
Rule Amplifies: 1347.01, 1347.05, 1347.15, 5119.01, 5119.10 , 5119.26, 5119.27, 5119.28
Prior Effective Dates: 09/09/2010

5122:2-1-15 Civil rights. [Rescinded].

Rescinded eff 3-25-04