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Ohio Laws and Rules
(A) Purpose. The purpose of this rule shall be to establish a basis for distribution of funds to county boards for the purpose of providing supported living services to no more than four eligible individuals living together in accordance with sections 5123.182 and 5126.40 of the Revised Code. “Allocations” shall mean state monies for supported living services and shall not include monies from local sources.
(B) Distribution of supported living funding allocation.
(1) Subject to available appropriations, the department shall establish allocations for existing supported living services based on its previous year’s allocation for such services and an adjustment based on the rate of inflation.
(2) The department may set aside a percentage of the total appropriations per year for special projects to be funded at the discretion of the director.
(3) Notwithstanding the provisions of this formula, a floor of no less than twenty thousand dollars for fiscal year 1990 is established for fiscal year 1991 and thereafter a floor shall be established and set by the director each year so that county boards will receive a minimum allocation.
(4) All allocations for new development of supported living services shall be made from the remaining balance after applying paragraphs (B)(1) to (B)(3) of this rule to the appropriation.
(5) The allocation methodology for expansion dollars shall be based upon the following components:
(a) The county board February average daily membership count of individuals enrolled in adult services other than evaluation and case management only services;
(b) The community residential placement availability as determined by:
(i) The number of purchase of service funded beds in the county;
(ii) The number of individuals enrolled in a county board program who reside in an ICF/MR in the county in which they attend said program;
(iii) The prior year supported living allocation divided by a common dollar value to determine units of supported living service availability.
(6) The allocation shall be calculated as follows:
(a) The department shall rank order all county boards based upon the percentage of statewide residential availability by adding the number calculated in paragraph (B)(5)(b)(i) of this rule to the number calculated in paragraph (B)(5)(b)(ii) of this rule and dividing by the average daily membership determined in paragraph (B)(5)(a) of this rule. The resulting percentages will be ranked least to greatest.
(b) Using a cumulative adult services average daily membership, the county board shall be divided into a predetermined number of equivalent groupings.
(c) Until an equitable statewide distribution of services is reached, the director shall apply a percentage factor to the mean availability of dollars which will cause a higher per capita allocation to those counties with a lower residential availability.
(d) Upon establishing the dollar amount for each of the equivalent groupings, the amount is to be multiplied times the average daily membership as determined in paragraph (B)(5)(a) of this rule to compute the allocation.
(C)(1) All county boards shall pass a resolution by February 1, 1990 to request the distribution of funds in fiscal year 1990 and 1991 and to perform the functions authorized pursuant to sections 5126.40 to 5126.45 of the Revised Code. County boards who did not pass a resolution by February 1, 1990 but wish to do so for any subsequent fiscal year must pass a resolution by the first day of February and notify the department accordingly. When such a resolution has been passed by the county board, all new contracts for supported living thereafter shall be entered into by the county board according to sections 5126.43 and 5126.44 of the Revised Code unless the county board gives consent to the department to enter into such a contract.
(2) A contract for residential services entered into by the department with a provider pursuant to section 5123.18 or 5123.182 of the Revised Code shall continue to be a contract of the department unless both the provider and the county board consent in writing to substitution of the county board for the department and the county board so notifies the department. Any renewal of a contract with the provider regarding residential services shall be entered into by the department and the provider unless the provider and the county board agree in writing to have the county board replace the department as party to the contract and the county board so notifies the department. If the county board enters into a contract for existing residential services, the county need not go through the request for proposal process under section 5126.43 of the Revised Code. The department shall transfer the funds committed for a purchase of service or semi-independent living contract to community residential services for distribution to the county board.
(D) Each county board may set aside up to twenty thousand dollars of the first one hundred thousand dollars of its supported living allocation and twenty per cent of the allocation that exceeds one hundred thousand dollars in a reserve balance account for unanticipated costs, emergencies, and future expenditures. A county board may exceed this limitation when it submits to the department its rationale and receives department approval. This rule does not prohibit a county board from using monies from other sources as deemed necessary for supported living services including monies within its reserve balance account.
(E) Family consortium homes shall be recognized as a service model within supported living and may be funded with the supported living allocation to the county board.
(1) Annually, the director shall determine in accordance with paragraph (B)(2) of this rule the amount of the allocation for family consortium projects to be granted as incentive funds in response to the department’s request for proposal (RFP).
(2) The department shall establish criteria for selection of the family consortium utilizing a request for proposal process (RFP).
(3) The department shall review proposals that are submitted for a family consortium and make a selection based upon the available funds, county board approval, and the criteria established.
(4) The county board will receive a department incentive grant of five thousand dollars per eligible individual served in a family consortium. The county board may utilize its supported living allocation to supplement funding of the project.
(F) Each county board shall continue to receive in future years continuation of its current allocation subject to availability of funds so long as the allocation has been utilized to implement supported living services. If the department identifies that a county board has not made a good faith effort to utilize its allocation appropriately, or has a reserve balance account that without prior department approval exceeds the limitations identified in paragraph
(D) of this rule, the department may give the county notice to return the funds or may suspend future distributions of funds until existing distributions are utilized for supported living services. In any such cases, the department shall provide the county board with a right to appeal to the director. The department will utilize any returned portion for emergency residential development.
(G) By the fifteenth day of February of each year on forms developed by the department, the county board shall report to the department the cost of such services for the prior calendar year.
(H) When making allocations, the department shall notify the county board of their allocation, the allocation floor, and the common dollar value as referenced herein.
R.C. 119.032 review dates: 03/28/2006 and 03/26/2007
Promulgated Under: 119.03
Statutory Authority: 5126.42, sec. 10 of A.S.S.B. 336 that amends sec. 76.01 of A.S.H.B. 111 of the 118th General Assembly
Rule Amplifies: 5123.182, 5126.40 to 5126.47
Prior Effective Dates: 11/20/89 (emer.), 2/10/90, 7/1/91