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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5123-100 | Internal Management Rules

 
 
 
Rule
Rule 5123-100-01 | Current developmental center designations.
 

(A) Purpose

This rule sets forth current designations of developmental centers under the managing responsibility of the Ohio department of developmental disabilities ("department"), including the source of establishment and effective date.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Executive order" means a rule written by:

(a) Kenneth D. Gaver, director, Ohio department of mental health and mental retardation, July 1971 through August 1974;

(b) William H. Davis, acting director, Ohio department of mental health and mental retardation, September 1974 through January 1975; and

(c) Timothy B. Moritz, director, Ohio department of mental health and mental retardation, February 1975 to November 1977.

(2) "Old executive order" means a rule written by:

(a) Martin A. Janis, director, Ohio department of mental hygiene and correction, January 1963 through January 1971; and

(b) James T. Welsh, acting director, Ohio department of mental hygiene and correction, February 1971 to June 1971.

(3) "Rule" means any rule adopted, amended, repealed, or rescinded pursuant to the procedures and requirements of section 111.15 of the Revised Code written by:

(a) Timothy B. Moritz, director, Ohio department of mental health and mental retardation, November 1977 through June 30, 1980;

(b) Rudy Magnone, director, Ohio department of mental retardation and developmental disabilities, July 1, 1980 through February 6, 1983;

(c) Minnie F. Johnson, director, Ohio department of mental retardation and developmental disabilities, February 7, 1983 through September 27, 1985;

(d) David L. Jackson, director, Ohio department of mental retardation and developmental disabilities, September 28, 1985 through November 14, 1985;

(e) Robert E. Brown, director, Ohio department of mental retardation and developmental disabilities, November 15, 1985 through January 13, 1991;

(f) Terry A. Wallace, acting director, Ohio department of mental retardation and developmental disabilities, January 14, 1991 through February 24, 1991;

(g) Jerome C. Manuel, director, Ohio department of mental retardation and developmental disabilities, February 25, 1991 through January 10, 1999;

(h) Ronald L. Rhodes, acting director, Ohio department of mental retardation and developmental disabilities, January 11, 1999 through March 14, 1999;

(i) Kenneth W. Ritchey, director, Ohio department of mental retardation and developmental disabilities, March 15, 1999 through January 6, 2007;

(j) Ann C. Rengert, acting director, Ohio department of mental retardation and developmental disabilities, January 7, 2007 through January 13, 2007;

(k) John L. Martin, director, Ohio department of mental retardation and developmental disabilities, January 14, 2007 through October 5, 2009;

(l) John L. Martin, director, Ohio department of developmental disabilities, October 6, 2009 through January 13, 2019;

(m) Bradley C. Singer, interim director, Ohio department of developmental disabilities, January 14, 2019 through January 17, 2019; and

(n) Jeff Davis, director, Ohio department of developmental disabilities, beginning January 18, 2019.

(C) Designations of developmental centers

The current designation of each developmental center under the managing responsibility of the department is:

(1) Cambridge developmental center, Cambridge, Ohio (executive order O-11 effective June 29, 1976).

(2) Columbus developmental center, Columbus, Ohio (old executive order 49 effective February 1, 1969).

(3) Gallipolis developmental center, Gallipolis, Ohio (old executive order 7 effective January 1, 1967).

(4) Mount Vernon developmental center, Mount Vernon, Ohio (old executive order 49 effective February 1, 1969).

(5) Northwest Ohio developmental center, Toledo, Ohio (executive order O-17 effective November 1, 1976).

(6) Southwest Ohio developmental center, Batavia, Ohio (rule 5119-5-01 of the Administrative Code effective August 28, 1978). Facility leased to new horizons habilitation homes, inc. from November 1, 1983 to October 31, 1984. Lease renewed November 1, 1984 to October 31, 1985 but lease canceled June 30, 1985. Facility leased to Brown county board of mental retardation and developmental disabilities July 1, 1985 to December 1, 1985. Contract between state purchasing and New Horizons, Inc. to operate facility from September 16, 1983 to December 31, 1984. Contract between the department and new horizons, inc. to operate from December 1, 1984 to July 1, 1985. Contract between the department and Brown county board of mental retardation and developmental disabilities to operate from July 12, 1985 to December 31, 1985 but the department assumed operation on December 1, 1985.

(7) Tiffin developmental center, Tiffin, Ohio (executive order O-12 effective September 23, 1975 and rule 5119-5-01 of the Administrative Code effective August 9, 1979).

(8) Warrensville developmental center, Warrensville Heights, Ohio (executive order O-9 effective December 27, 1974).

Supplemental Information

Authorized By: 5123.03, 5123.04
Amplifies: 5123.03, 5123.04, 5123.06, 5123.091
Five Year Review Date:
Prior Effective Dates: 1/18/1986
Rule 5123-100-02 | Prohibition of weapons and other prohibited items at developmental centers and department offices.
 

(A) Purpose

This rule prohibits storing, possessing, carrying, or using a deadly weapon or dangerous ordnance, drug of abuse, or intoxicating liquor in any building or on the grounds of a developmental center or other state-owned or state-leased property under the managing responsibility of the Ohio department of developmental disabilities ("department") by employees, visitors, or other individuals, or by employees in the performance of their duties whether on or off state-owned or state-leased property.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Deadly weapon or dangerous ordnance" means any item as defined in section 2923.11 of the Revised Code, or any part of or ammunition for use in such deadly weapon or dangerous ordnance and includes, but is not limited to, firearms (including a pistol, revolver, rifle, or shotgun) and any other weapon capable of discharging a projectile capable of wounding, fatally or otherwise, the person of another.

(2) "Drug of abuse" means any item defined in section 3719.011 of the Revised Code.

(3) "Intoxicating liquor" means any beverage defined in section 4301.01 of the Revised Code.

(C) Policy

(1) Deadly weapons or dangerous ordnance, including firearms, drugs of abuse, or intoxicating liquor, shall not be stored, possessed, carried, used, or discharged by any employee of the department, visitor, or other individual in any building or on the grounds of a developmental center or other state-owned or state-leased property or while performing a duty for the department. This prohibition applies to members of developmental center security/police departments, including special police officers commissioned in accordance with section 5123.13 of the Revised Code and those employees who have completed basic police training and/or special police training courses approved by the Ohio peace officer's training council, and individuals who have been issued a license or temporary emergency license to carry a concealed weapon under section 2923.125 or section 2923.1213 of the Revised Code.

(2) This rule does not apply to sworn officers of the Ohio state highway patrol, local law enforcement authorities, or other persons duly authorized to carry firearms in the performance of their duties on state-owned or state-leased property under the managing responsibility of the department.

(3) The director of the department or the managing officer of a developmental center may permit storage, possession, conveyance, and use of the prohibited items specified in this rule, in writing, in accordance with section 2921.36 of the Revised Code.

(4) An employee of the department who violates this rule shall have committed an act which is cause for discipline up to and including removal and may be subject to arrest and prosecution under section 2921.36 of the Revised Code. Any visitor or other individual who violates this rule may be subject to arrest and prosecution under section 2921.36 of the Revised Code.

Supplemental Information

Authorized By: 5123.04
Amplifies: 2921.36, 2923.126, 5123.04
Five Year Review Date:
Prior Effective Dates: 4/23/2004
Rule 5123-100-03 | Motor vehicle operation on the grounds of a developmental center.
 

(A) Purpose

This rule establishes regulations governing the operation of motor vehicles on the grounds of a developmental center under the managing responsibility of the Ohio department of developmental disabilities ("department") for promoting the safety and security of the residents, employees, visitors, and premises of the developmental center.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Disciplinary action" means any oral counseling, written reprimand, reduction, suspension, or removal for cause as established in accordance with section 124.34 of the Revised Code and may include revocation of an employee's permission to operate any motor vehicle or a specific motor vehicle on the grounds of a developmental center.

(2) "Motor vehicle" means any vehicle propelled or drawn by power other than muscular power.

(3) "Operator" means any person who drives or operates a motor vehicle on the grounds of a developmental center.

(C) Authority to regulate traffic

(1) Streets and roadways of a developmental center shall be considered "private roads or driveways" as defined in section 4511.01 of the Revised Code.

(2) The use of streets and roadways of a developmental center by an operator of a motor vehicle shall be by permission of the department.

(D) Duties and responsibilities of the managing officer of a developmental center

(1) The managing officer of a developmental center may establish, in accordance with section 4511.08 of the Revised Code, regulations he or she deems appropriate to control motor vehicle traffic for the safety and security of the developmental center.

(2) If the managing officer of a developmental center does not establish specific regulations governing the operation of motor vehicles on the grounds of the developmental center, the sections of Chapter 4511. of the Revised Code establishing rules of right-of-way and rules of the road shall govern.

(3) The managing officer of a developmental center may establish regulations to govern the operation of motor vehicles on the grounds of the developmental center in addition to those created by Chapter 4511. of the Revised Code, when he or she deems doing so appropriate.

(E) Regulations

(1) The sections of Chapter 4511. of the Revised Code establishing a prohibition regarding the operation of motor vehicles on private roadways shall apply to streets or roadways of a developmental center. Violation of these statutes shall subject an individual to prosecution.

(2) Operators of motor vehicles on the streets or roadways of a developmental center shall possess a valid motor vehicle operator's license in accordance with section 4507.02 of the Revised Code.

(3) An employee who fails to comply with a traffic regulation governing the operation of motor vehicles on the grounds of a developmental center shall be subject to disciplinary action.

(4) Traffic control devices, including signs denoting the names of streets, shall conform to section 4511.11 of the Revised Code.

(5) Motor vehicles, both privately-owned and state-owned, operated on the streets or roadways of a developmental center shall be maintained in a safe and operable condition in accordance with Chapter 4513. of the Revised Code. The operator of a state-owned or state-leased motor vehicle is responsible for reporting motor vehicle defects and hazards. The owner or operator of a privately-owned vehicle is responsible for correcting the motor vehicle's defects and hazards.

(6) When a state-owned motor vehicle or a privately-owned motor vehicle operated on the grounds of a developmental center is equipped with seat belts or other occupant restraint systems, the operator is responsible for ensuring that the motor vehicle occupants use those devices.

(F) Driver requirements

An employee who operates state-owned motor vehicles:

(1) Shall possess a valid driver's license issued by the state in which he or she lives;

(2) Shall not transport residents of a developmental center if he or she has six or more points on his or her driving record; and

(3) Shall successfully complete an orientation program regarding safe motor vehicle operation prior to transporting residents of a developmental center.

(G) Accidents involving state-owned motor vehicles

Accidents involving state-owned motor vehicles shall be:

(1) Reported promptly by the operator of the motor vehicle to the developmental center;

(2) Reported promptly by the developmental center to the Ohio state highway patrol in accordance with Ohio department of administrative services administrative policy VF-02, "State Self-Insured Vehicle Liability Program"; and

(3) Investigated promptly by the developmental center.

Supplemental Information

Authorized By: 5123.04, Chapter 4513., 4511.11, 4511.08, 4511.01, 4507.02, 124.34
Amplifies: 124.34, 5123.04, Chapter 4513., 4511.11, 4511.08, 4511.01, 4507.02
Five Year Review Date:
Rule 5123-100-04 | Industrial and entertainment fund for residents of developmental centers.
 

(A) Purpose

This rule establishes procedures governing an industrial and entertainment fund established by a developmental center under the managing responsibility of the Ohio department of developmental disabilities ("department") for the entertainment and welfare of residents in accordance with section 5123.29 of the Revised Code.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Entertainment" means amusement or enjoyment.

(2) "Gift" means an item purchased for a resident of a developmental center to celebrate a special day or occasion including, but not limited to, the resident's birthday, a holiday observed by the resident, or other occasion that is important to the resident.

(3) "Industrial and entertainment fund" means funds collected, maintained, and utilized by a developmental center in accordance with section 5123.29 of the Revised Code and this rule.

(C) Creation of industrial and entertainment fund

(1) A developmental center may create and maintain an industrial and entertainment fund for the benefit residents.

(2) Income for the industrial and entertainment fund shall be derived from, but is not limited to:

(a) Donations;

(b) Interest income; and

(c) Funds transferred to the developmental center in accordance with division (B)(3) of section 5123.28 of the Revised Code.

(3) All monies acquired by a developmental center for the entertainment and welfare of residents in accordance with section 5123.29 of the Revised Code shall be deposited into the industrial and entertainment fund.

(4) A developmental center shall maintain industrial and entertainment fund monies at a financial institution that is insured under federal or state law.

(5) A developmental center shall record all transactions regarding the industrial and entertainment fund in an electronic accounting system (e.g., "QuickBooks").

(D) Using industrial and entertainment fund monies

(1) Industrial and entertainment fund monies shall be used only for items or services which benefit residents. Acceptable expenditures include:

(a) Purchase or maintenance of entertainment or recreation supplies;

(b) Recreation services not provided by the developmental center;

(c) Celebration of events, holidays, and other occasions that are important to a resident including decorations and gifts;

(d) Books, magazines, newspapers, videos, and library supplies;

(e) Chapel expenses;

(f) Transportation and parking fees; and

(g) Travel-related expenses and admission fees for developmental center staff required to escort residents to events or activities.

(2) Industrial and entertainment fund monies may be used to ensure that a resident without monthly income receives goods and participates in activities with other residents. Industrial and entertainment funds may be used in lieu of, but may not supplement, an individual's personal needs allowance.

(3) A request for use of industrial and entertainment fund monies shall be made in writing using a "Request to Purchase" form, or when approved by the managing officer of the developmental center, via email, and include documentation supporting the nature and dollar amount of the expenditure.

(a) Expenditures of less than one thousand dollars require approval by the managing officer of the developmental center or his or her designee.

(b) Expenditures of one thousand dollars or more require approval by the managing officer of the developmental center or his or her designee and the deputy director of the division of residential services or his or her designee.

(4) Industrial and entertainment fund monies shall not be used for items or services:

(a) That may be detrimental to a resident's health or welfare; or

(b) Required by the the medicaid program and/or that constitute active treatment.

(E) Compliance with department policies and procedures

Creation and maintenance of industrial and entertainment funds and expenditures therefrom shall be compliant with all department policies and procedures including, but not limited to:

(1) Cash management;

(2) Segregation of duties;

(3) Electronic accounting system usage requirements;

(4) Reconciliation of internal funds; and

(5) Records retention.

Supplemental Information

Authorized By: 5123.04, 5123.29
Amplifies: 5123.04, 5123.29
Five Year Review Date:
Prior Effective Dates: 10/9/1989
Rule 5123-100-05 | Placement and discharge of individuals from developmental centers into nursing facilities.
 

(A) Purpose

This rule establishes procedures for placement and discharge of individuals from developmental centers under the managing responsibility of the Ohio department of developmental disabilities ("department") into nursing facilities as provided by the Sermak v. Brown consent decree, section 1919(e)(7) of the Social Security Act, and medicaid regulations.

(B) Definitions

For the purposes of this rule, the following definitions shall apply:

(1) "Active treatment" means a continuous program which includes aggressive, consistent implementation of specialized and generic training, treatment, health services, and related services that is directed toward:

(a) The acquisition of behaviors necessary for an individual to function with as much self-determination and independence as possible; and

(b) The prevention or deceleration of regression or loss of current optimal functional status.

(2) "Comprehensive evaluation" means a study, including a sequence of observations and standardized examinations, of a person leading to conclusions and recommendations formulated jointly, with dissenting opinions, if any, by an interdisciplinary team, and which complies with 42 C.F.R. 483.440(c)(3).

(3) "Individual" means a person with a developmental disability or for purposes of giving, refusing to give, or withdrawing consent for services, his or her guardian in accordance with section 5126.043 of the Revised Code or other person authorized to give consent.

(4) "Individual plan" means a written plan of interventions and specific objectives necessary to meet an individual's needs, developed by an interdisciplinary team including the individual. The individual shall be included in the development of his or her individual plan unless the individual chooses not to participate. The individual plan shall be based upon a comprehensive evaluation and shall identify sequential behavior objectives to increase the individual's level of social, physical, intellectual, emotional, and vocational effectiveness. The individual plan shall be developed without regard to the actual availability of the services needed. The individual plan shall meet the requirements set forth in 42 C.F.R. 483.440(c)(4).

(5) "Interdisciplinary team" means a group of persons with special training and experience in the diagnosis and support of people with developmental disabilities, representing the professions, disciplines, or service areas that are relevant to identifying an individual's needs and designing programs that meet the individual's needs. The interdisciplinary team shall include a qualified intellectual disability professional. The qualified intellectual disability professional shall be responsible for integrating, coordinating, and monitoring the individual's active treatment program. Whenever possible, the interdisciplinary team shall include a representative of the county board of developmental disabilities and the nursing facility.

(6) "Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

(7) "Medical crisis" means a situation in which an individual's medical condition presents an imminent threat of loss of life or serious physical harm in the absence of appropriate care.

(8) "Nursing facility" means any long-term care facility (other than an intermediate care facility for individuals with intellectual disabilities) currently certified by the Ohio department of health as being in compliance with the nursing facility standards and conditions of participation.

(9) "Qualified intellectual disability professional" has the same meaning as in 42 C.F.R. 483.430.

(C) Placement of an individual from a developmental center into a nursing facility

Potential placement of an individual from a developmental center into a nursing facility shall be performed in compliance with this rule.

(1) Except as otherwise provided in this rule, no individual shall be placed or discharged from a developmental center into a nursing facility.

(2) An individual shall be placed into a nursing facility only when the individual has a medical condition which is determined to be unstable, extreme, or complex and prevents the individual from participating in his or her health care program.

(3) Placement of an individual shall be subject to 42 C.F.R. 483.440(b)(4) and preadmission screening under section 1919(e)(7) of the Social Security Act.

(4) The department shall provide written notice to disability rights Ohio of the proposed placement fifteen calendar days prior to the intended placement date.

(5) If the developmental center's medical director or the department's medical director determines that an individual is in a medical crisis and the medical director believes that the medical crisis requires immediate placement into a nursing facility, the department shall provide oral notice to disability rights Ohio within twenty-four hours of the department's awareness of such medical crisis, with follow-up written notice within three business days.

(6) Except when an individual is in a medical crisis, the individual shall have a current individual plan, updated within thirty calendar days prior to the proposed placement, which includes the individual's active treatment and health care needs as defined in 42 C.F.R. 483.440. If the individual's active treatment needs or health care status have changed, the individual plan shall be updated to reflect these changes.

(7) When an individual in a medical crisis has been placed into a nursing facility, the individual's active treatment needs shall be evaluated by the department within thirty calendar days of the individual's placement.

(a) Whenever possible, the individual plan, including the comprehensive evaluation and post-discharge plan of care, shall be developed jointly by the nursing facility and the developmental center.

(b) The individual shall be included in the development of his or her individual plan, including the comprehensive evaluation and post-discharge plan of care, unless the individual chooses not to participate.

(8) In no case shall the individual be placed unless the individual has stayed at least seventy-two continuous hours at the receiving nursing facility and the interdisciplinary team has met to consider information gathered during the stay.

(9) The department is responsible for ensuring that the individual's active treatment needs are provided for during the time the individual resides in the nursing facility.

(10) The department shall ensure that the individual's continued need for services in the nursing facility and active treatment needs are reviewed within the first one hundred twenty calendar days by the interdisciplinary team. A review shall be conducted at least every one hundred eighty calendar days thereafter, as long as the individual resides in the nursing facility.

(11) An individual placed into a nursing facility shall be maintained on the rolls of the developmental center for at least thirty calendar days, after which time the individual may be discharged from the developmental center unless the individual has indicated, in any manner, dissatisfaction with the placement.

(12) Prior to discharge from the developmental center, the department shall notify the county board of developmental disabilities in the county where the individual is to reside of the individual's placement and service needs.

(D) Placement of an individual from a hospital into a nursing facility

Potential placement of an individual from a developmental center who is hospitalized and for whom the hospital recommends placement into a nursing facility shall be performed in compliance with this rule.

(1) Except as otherwise provided in this rule, no individual from a developmental center who has been hospitalized shall be placed from the hospital or discharged into a nursing facility.

(2) The department shall provide written notice to disability rights Ohio and the Ohio department of medicaid of a hospital's recommendation to place an individual into a nursing facility within three business days of the department's awareness of such recommendation. The notice shall include the individual's diagnosis and medical needs as specified by the hospital medical staff, the name of the receiving nursing facility, and the date of proposed placement.

(3) Placement of an individual shall be subject to preadmission screening under section 1919(e)(7) of the Social Security Act.

(4) The department is responsible for ensuring that within thirty calendar days of placement, the individual's active treatment needs are evaluated.

(5) The individual shall have a current individual plan, updated within thirty calendar days prior to the proposed placement, which includes the individual's active treatment and health care needs as defined in 42 C.F.R. 483.440. If the individual's active treatment needs or health care status have changed, the individual plan shall be updated to reflect these changes.

(a) Whenever possible, the individual plan, including the comprehensive evaluation and post-discharge plan of care, shall be developed jointly by the nursing facility and the developmental center.

(b) The individual shall be included in the development of his or her individual plan, including the comprehensive evaluation and post-discharge plan of care, unless the individual chooses not to participate.

(6) In no case shall the individual be placed unless the individual has stayed at least seventy-two continuous hours at the receiving nursing facility and the interdisciplinary team has met to consider information gathered during the stay.

(7) The department is responsible for ensuring that the individual's active treatment needs are provided for during the time the individual resides in the nursing facility.

(8) The department shall ensure that the individual's continued need for services in the nursing facility and active treatment needs are reviewed within the first one hundred twenty calendar days by the interdisciplinary team. A review shall be conducted at least every one hundred eighty calendar days thereafter, as long as the individual resides in the nursing facility.

(9) If it is determined through the review process that discharge is appropriate, the department shall provide written notice of the intent to discharge to disability rights Ohio.

(10) An individual placed into a nursing facility will be maintained on the rolls of the developmental center unless discharge is deemed appropriate by the department. If the individual has indicated, in any manner, dissatisfaction with the placement, the individual shall not be discharged.

(11) Prior to discharge from the developmental center, the department shall notify the county board of developmental disabilities in the county where the individual is to reside of the individual's placement and service needs.

(E) Designation of a coordinator

The managing officer of each developmental center shall designate an employee who shall be responsible for:

(1) Ensuring that all of the requirements of this rule are met including provision of notice to disability rights Ohio, the Ohio department of medicaid, and the county board of developmental disabilities;

(2) Coordinating joint development wherever possible by the nursing facility and the developmental center of the individual's comprehensive evaluation and individual plan, including quarterly updates;

(3) Ensuring quarterly visits by appropriate developmental center staff to meet with and observe the individual; and

(4) Coordinating the individual's return to the developmental center or subsequent placement and discharge from the nursing facility.

Supplemental Information

Authorized By: 5123.04
Amplifies: 5123.04
Five Year Review Date:
Prior Effective Dates: 4/27/2000