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Ohio Laws and Rules
As used throughout these rules, the following definitions shall apply:
(A) “Appropriate agency or authority” means any agency or authority, public or private, which has a power, duty or responsibility with respect to a particular person, situation, or facility which either should be exercised or which would require that it have notice when particular circumstances have occurred or appear likely to occur.
(B) “Deficiency” means any inadequacy or an inappropriateness in the treatment of a person who has mental retardation, a developmental disability, or who is labeled mentally ill that pertains to misconduct, breach of duty, or noncompliance with state or federal laws, local ordinances, or rules or regulations adopted under those laws or ordinances that are administered by a governmental agency,
(C) “Lowest appropriate administrative level” means the lowest level of administration within any organization or provider that has sufficient authority to resolve the complaint or correct the deficiency.
(D) “ombudsman section” means a representative of the ombudsman section of the legal rights service, as created by division (B) of section 5123.601 of the Revised Code.
(E) “Person” means a person who has mental retardation or a developmental disability, or who is labeled as mentally ill.
(F) “Provider” means any governmental agency or person, natural or corporate, as defined by division (C) of section 1.59 of the Revised Code that furnishes one or more services to one or more persons who have mental retardation, a developmental disability, or are labeled as mentally ill.
(G) “Treatment” means the act, manner or process of dealing with someone with or without any medical connotation.
(H) “Parties” means, for the purposes of the ombudsman report, the provider that is providing services to the person, the person who is the subject of the complaint, and the source of the complaint.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
119.032 REVIEW DATE: May 10, 2003
(A) Complaints concerning any activity, practice, policy or procedure which allegedly is adversely affecting or might adversely affect the health, safety, welfare, or civil or human rights of any person may be submitted to the legal rights service (LRS) by telephone, in writing, in person, or by any other form of communication. LRS shall establish, maintain, and publicize a toll free number for receiving complaints.
(B) Complaints received by LRS shall be reviewed in a timely fashion. The review shall determine whether the person is eligible for services from LRS.LRS, at its descretion, may request additional information to determine if the person is eligible for services. A decision of LRS regarding eligibility or acceptance of ombudsman cases is subject to the LRS grievance procedure found at rule 5124-1-06 of the Administrative Code.
(C) Notice from the department of mental retardation and developmental disabilities or the department of mental health pursuant to division (C) of section 5123.604 of the Revised Code shall not be considered a complaint for purposes of agency-level 5124 rules.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
119.032 REVIEW DATE: May 10, 2003
(A) When a complaint is directed to the ombudsman section pursuant to paragraph (B) of rule 5124-4-02 of the Administrative Code, the section shall acknowledge the receipt of a complaint from outside of the legal rights service by sending written notice to the source of the complaint by first class mail no more than seven days after it receives the complaint. The source may waive the written notice if the source wishes to remain confidential.
(B) Unless doing so would impede the investigation, delay resolution of the complaint, or compromise the interests of the person, the ombudsman section may provide written notice by first class mail to the department of mental retardation and developmental disabilities or the department of mental health, and any other appropriate agency or authority within seven days after receiving the complaint.
(C) Whenever the administrator of the LRS determines that a complaint suggests an immediate and substantial threat to the health or safety of a person the ombudsman section shall, pursuant to division (B)(3) of section 5123.601 of the Revised Code, immediately refer it to the department of mental retardation and developmental disabilities or the department of mental health or to any other appropriate agency or authority by telephone or by any other form of communication. Written acknowledgment of the complaint shall follow immediately, by sending notice to the department. agency or authority by first-class mail
(D) The department, agency, or authority shall report in writing to the ombudsman section on its actions and finding within forty-eight hours of receiving a referral under paragraph (C) of this rule.
(E) Within seven days after identifying a deficiency, the ombudsman section shall refer the matter in writing by first class mail or by personal delivery to the appropriate agency.
(F) The agency shall report in writing to the ombudsman section on its actions and finding, within seven days of receiving a referral under paragraph (E) of this rule.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 7-18-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
Replaces in part former 5124-4-04 and 5124-4-06
119.032 REVIEW DATE: May 10, 2003
(A) The ombudsman section shall conduct an investigation within twenty-four hours if the complaint or allegation provides cause to believe that an immediate and substantial threat to the health or safety of a person exists.
(B) The ombudsman shall investigate complaints received in conducting the investigation, the ombudsman section may make necessary inquiries and obtain information it considers necessary.
(C) Following an investigation, the ombudsman section may decline to pursue any complaint it determines is frivolous, vexatious, not made in good faith, or adverse to the wishes of the affected person
(D) For the purposes of this rule, a complaint shall be considered to be frivolous if it appears to be without any substantial basis in fact A complaint shall be considered to be vexatious or not made in good faith if,
(1) It appears to be the result of spite or of willful vengeance, or there is evidence of a pattern of harassment; and
(2) There is no substantial basis in fact for the complaint.
(E) The decision not to pursue a complaint under this division is subject to the LRS grievance procedure at rule 5124-1-06 of the Administrative Code.
(F) For purposes of carrying out its investigations, the ombudsman shall have ready access to the premises and records of all providers of services to any person and shall have the right to communicate in a private and confidential setting with any person, with the person’s parents, guardians, or advocates, and with employees of any provider pursuant to section 5123.602 of the Revised Code.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604 119.03
REVIEW DATE: May 10, 2003
(A) The ombudsman section shall, in the first instance, attempt to resolve the complaint or address the deficiency at the lowest appropriate administrative level. At all levels, the ombudsman section shall attempt to resolve the complaint by means of informal techniques of mediation, conciliation and persuasion.
(B)
The ombudsman section shall, within thirty days of receiving the complaint, notify the parties to the complaint of the status of the investigation and, as soon as possible after the investigation has been completed, of its opinions and recommendations with respect to the complaint, and actions taken, if any.
(C) If the complaint cannot be resolved by the use of these informal techniques, or if the act, practice, policy or procedure that is the subject of the complaint adversely affects the health, safety, welfare, or civil or human rights of a person, the ombudsman section may recommend to the appropriate agency or authority or the administrator of the legal rights service that appropriate actions be taken.
(D) Nothing in this rule shall prohibit the legal rights service from taking appropriate action when the administrator determines it is necessary.
(E) When the complaint has been resolved or the deficiency addressed, the ombudsman section shall prepare a report which summarizes the complaint or deficiency, the ombudsman section’s opinions or recommendations, and the eventual resolution or correction. A copy of this report shall be sent to the parties involved.
(F) The report shall not contain information that is confidential under state or federal law.
(G) The ombudsman section may request any party, provider, or any other affected by its opinions or recommendations to notify the ombudsman section, within a time period specified by the ombudsman section, of any action the party has taken on the section’s recommendations, and may take any action deemed necessary by the administrator of the legal rights service if the party fails to respond.
(H) Whenever information is disclosed to the ombudsman section which indicates probable cause that the commission of a crime or a violation of standards of professional conduct has occurred, the legal rights service shall, within seven days of receiving the information, refer the matter to the attorney general, county prosecutor, other law enforcement official, or regulatory board, as appropriate, to investigate the crime or violation. The ombudsman section may disclose any information permitted by law that is necessary to resolve the matter referred.
(I) The ombudsman section shall monitor and maintain records on every matter it refers under paragraph (H) of this rule.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
Replaces in part former 5124-4-07, 5124-4-09, and 5124-4-11
119.032 REVIEW DATE: May 10, 2003
(A) The ombudsman section shall at all times maintain confidentiality concerning the identity of the person, complainants, witnesses, and other involved parties who provide information, unless the individual whose identity will be released authorizes the release of the information.
(B) The ombudsman section shall keep all information in its records or case files strictly confidential, and no such information shall be released. No representative of the section shall provide testimony in any proceeding regarding the information contained in the files. Requests for testimony or production of documents directed to the ombudsman section are governed by rule 5124-1-10 of the Administrative Code.
HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 5123.601
Rule amplifies: RC 5123.601 to 5123.604
119.032 REVIEW DATE: May 10, 2003