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Rule 5122-28-01 | Purpose.
The purpose of this chapter is to state the standards and procedures for performance improvement activities, consumer outcome activities, and research activities for providers providing mental health services and addiction services. Last updated August 3, 2026 at 8:38 AM Supplemental Information |
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Rule 5122-28-02 | Applicability.
(A) Statement of applicability In general, the rules in this chapter apply to any person or government entity that provides or seeks to provide one or more certifiable services or supports, including (1) a person or government entity that operates or seeks to operate an opioid treatment program, (2) a person or government entity that operates or seeks to operate a class one residential facility as defined in section 5119.34 of the Revised Code, and (3) a board of alcohol, drug addiction, and mental health services that is, under section 340.037 of the Revised Code, approved by the director to provide any certifiable service or support. Paragraph (B) of this rule contains the exemptions from that general rule and paragraph (C) of this rule sets forth the specific standard that applies to federally-qualified health centers (FQHCs) and FQHC look-alikes. A person or government entity to whom this chapter applies is referred to as a "provider." (B) Exemptions All of the following are exempt from the provisions of this chapter: (1) In accordance with division (B) of section 5119.35 of the Revised Code, an individual who holds a valid license, certificate, or registration issued by this state authorizing the practice of a health care profession that includes the performance of any service that is required to be certified as described in this section, regardless of whether the service is performed as part of a sole proprietorship, partnership, or group practice. (2) In accordance with division (B) of section 5119.35 of the Revised Code, an individual who provides any service that is required to be certified as described in this section as part of an employment or contractual relationship with a hospital outpatient clinic that is accredited by an accreditation agency or organization approved by the director of behavioral health. (3) A person or government entity where a rule specifically exempts that person or government entity from the rule obligation. (C) Specific standard applicable to federally-qualified health centers (FQHCs) and federally-qualified health center look-alikes (FQHC look-alikes) (1) An FQHC or FQHC look-alike is subject to the rules in this chapter when the FQHC or FQHC look-alike provides or seeks to provide one or more of the following certifiable services or supports as part of the FQHC or FQHC look-alike designation as "out of scope": (a) Mental health day treatment as described in rule 5122-29-06 of the Administrative Code. (b) Forensic evaluation service as described in rule 5122-29-07 of the Administrative Code. (c) Behavioral health hotline service as described in rule 5122-29-08 of the Administrative Code. (d) Residential and withdrawal managements substance use disorder services as described in rule 5122-29-09 of the Administrative Code. (e) Substance use disorder qualified residential treatment program (QRTP) for youth as described in rule 5122-29-09.1 of the Administrative Code. (f) Crisis intervention service as described in rule 5122-29-10 of the Administrative Code. (g) Employment service as described in rule 5122-29-11 of the Administrative Code. (h) Driver intervention program as described in rule 5122-29-12 of the Administrative Code. (i) SUD case management services as described in rule 5122-29-13 of the Administrative Code. (j) Mobile response and stabilization service as described in rule 5122-29-14 of the Administrative Code. (k) Peer support services as described in rule 5122-29-15 of the Administrative Code. (l) Peer run organization as described in rule 5122-29-16 of the Administrative Code. (m) Community psychiatric supportive treatment as described in rule 5122-29-17 of the Administrative Code. (n) Therapeutic behavioral health services and psychosocial rehabilitation as described in rule 5122-29-18 of the Administrative Code. (o) Prevention services as described in rule 5122-29-20 of the Administrative Code. (p) Supplemental behavioral health services as described in rule 5122-29-27 of the Administrative Code. (q) Intensive home-based treatment (IHBT) service as described in rule 5122-29-28 of the Administrative Code. (r) Assertive community treatment as described in rule 5122-29-29 of the Administrative Code. (2) An FQHC or FQHC look-alike is not subject to the rules in this chapter when the FQHC or FQHC look-alike provides or seeks to provide one or more of the following certifiable services or supports as part of the FQHC or FQHC look-alike designation as "in scope, other activities," including the provision of medication-assisted treatment as defined in section 340.01 of the Revised Code and the prescribing of one or more psychotropic drugs as defined in section 5119.19 of the Revised Code: (a) General services as described in rule 5122-29-03 of the Administrative Code. (b) Consultation service as described in rule 5122-29-19 of the Administrative Code. (c) Referral and information service as described in rule 5122-29-22 of the Administrative Code. Last updated August 3, 2026 at 8:38 AM Supplemental Information |
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Rule 5122-28-03 | Performance improvement.
(A) The purpose of this rule is to ensure that a provider's leaders have established a planned, systematic, organization-wide approach to performance improvement that is both collaborative and interdisciplinary. It is important that each provider measure the performance processes that support care and establish a method of data collection and analysis to identify areas of needed improvement as well as develop and implement improvement plans that support achieving performance targets, client satisfaction, and positive client outcomes. (B) Provider leadership is to do both of the following: (1) Support performance improvement activities. (2) Identify priorities for data collection with attention to both safety and quality. At a minimum, performance improvement methodologies are to address all of the following areas: (a) Business operations; (b) Client satisfaction; (c) Stakeholder satisfaction; (d) Client outcomes; (e) The quality of service delivery, including appropriateness, and efficiency; and (f) Client protections, including seclusion and restraint, if applicable, client rights, complaints and grievances, and incident notification. (C) A provider is to develop a written performance improvement plan. The provider is to take an ongoing, systematic approach when developing its plan and ensure that the plan conforms to the national accrediting standards of the provider's national accrediting organization or, if the provider does not possess accreditation, appendix A of this rule. Regardless of whether the provider does or does not possess accreditation, the plan is to include all of the following: (1) The data the provider will collect and analyze to assess performance improvement, as well as the frequency at which the provider will collect and analyze such data. If the provider possesses accreditation from an accrediting organization, the frequency of data collection and analysis is to be the same frequency mandated by the accrediting organization. If the provider does not possess accreditation, the frequency is to be at least annually in accordance with the definitions in appendix A to this rule. (2) The areas the provider needs to improve. (3) An action plan for improving the areas identified pursuant to paragraph (C)(2) of this rule. (4) An inventory of the improvements the provider has implemented and how the provider will monitor and evaluate their effectiveness and success in achieving systematic consumer outcomes for children, youth, and families. (5) The activities the provider will undertake to evaluate the effectiveness of the provider's overall performance improvement process. (D) The provider is to report data, statistics, and other information to the department on the department's request, including the data described in paragraph (C)(1) of this rule, for purposes of the department's responsibilities under section 5119.61 of the Revised Code. Last updated August 3, 2026 at 8:38 AM Supplemental Information |
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Rule 5122-28-05 | Research and evaluation activities.
(A) The purpose of this standard is to ensure that research and evaluation activities are conducted in an ethical manner, that each participant's rights regarding such activities are respected and protected, and that evaluation activities enhance the overall performance of the provider. (B) Research activities are to be evaluated by and adhere to the standards of an independent institutional review board. (C) Evaluation activities are to be conducted in accordance with the standards of the provider's national accrediting organization or the American evaluation association. Last updated August 3, 2026 at 8:38 AM Supplemental Information |