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

Ohio Administrative Code Search

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Rule 5122-30-04 | Licensure application and procedures.

...(A) The purpose of this rule is to state the licensure procedure, including application, renewal, correction of deficiencies or non-compliance and determination of the number of beds. (1) The application shall consist of: (a) Completed application form, which shall indicate at least the class of facility to be licensed, the maximum number of residents, the maximum number of household members...

Rule 5122-30-05 | Issuance and conditions of licenses.

...(A) Issuance and conditions of licenses (1) The department may issue a full license for the facility only if it has been determined to the department's satisfaction that there is compliance with licensure requirements. The license shall specify facility class as defined in division (B) of section 5119.34 of the Revised Code; and the license shall specify the maximum number of residents for the facility and the maxi...

Rule 5122-30-14 | Sleeping and living space.

...(A) Each facility shall have a minimum of eighty square feet per resident for a single occupancy bedroom, and a minimum of sixty square feet per resident for a multiple occupancy bedroom. Regardless of the availability of the square footage, in class one facilities no more than four residents may share a bedroom and no more than two residents may share a bedroom in class two and three facilities. In facilities with c...

Rule 5122-30-16 | Incident notification and risk management.

...(A) This rule establishes standards to ensure the prompt and accurate notification of certain prescribed incidents. (B) Definitions. (1) "Board of residence" means the board that is responsible for referring or paying for the resident's treatment. (2) "Incident" means an event that poses a danger to the health and safety of residents and/or staff and visitors of the facility, and is not con...

Rule 5122-30-27 | Transfer and discharge rights.

...(A) For purposes of this rule: (1) "Discharge" means a permanent movement of a resident to another facility that is not under the jurisdiction of the owner or manager. (2) "Emergency" means a situation which creates an imminent risk of substantial harm to the individual or other household members in the facility, if immediate action is not taken. (3) "Transfer" means a temporary or perm...

Rule 5122-30-29 | Provision of mental health services in class one facilities.

...(A) A class one residential facility shall provide mental health services that are certified in accordance with Chapters 5122-24 to 5122-29 of the Administrative Code. (1) In a class one facility, the primary purpose shall be to provide room and board, personal care, and mental health services either to meet a temporary need, or as long-term assistance. The provision of room and board and personal care shall be seco...

Rule 5122-30-30 | Social, recreational and leisure activities.

...(A) Each class one and class two residential facility shall encourage residents to participate in social, recreational, and leisure activities. (B) Residents of class two facilities and class one facilities shall be encouraged to participate in community activities and social events. The facility staff shall demonstrate a reasonable effort to facilitate and support such involvement by providing at least one local da...

Rule 5122-30-31 | Background investigations for employment.

...(A) The purpose of this rule is to establish procedure for conducting background investigations for owners, operators, prospective operators, managers, staff, volunteers, students, interns and other individuals employed by or seeking employment by a residential facility. (B) Definitions. (1) "Applicant" means a person who is under final consideration for employment with a residential facilit...

Rule 5122-30-32 | Qualified residential treatment program (QRTP).

...(A) A class one residential facility that is licensed by the Ohio department of mental health and addiction services (OhioMHAS) and accepts children (youth) for placement is to comply with the standards in this rule. Residential facilities whose initial licensure date is on or after October 1, 2020 are to be compliant with this rule in order to become licensed. Facilities licensed prior to October...

Rule 5122-32-01 | Designated forensic evaluation centers.

...(A) The purpose of this rule is to establish standards regulating the eligibility and accountability requirements for state funding to designated forensic evaluation centers to provide forensic evaluation services to courts of common pleas for: (1) Adults; or, (2) Juveniles whose cases have been transferred in accordance with sections 2152.10 and 2152.12 of the Revised Code. (B) The provisions of this rule are app...

Rule 5122-32-01 | Designated forensic evaluation centers.

...(A) The purpose of this rule is to establish standards regulating the eligibility and accountability requirements for state funding to designated forensic evaluation centers to provide forensic evaluation services to the general division of courts of common pleas for: (1) Adults; or, (2) Juveniles whose cases have been transferred in accordance with sections 2152.10 and 2152.12 of the Re...

Rule 5122-34-01 | Clinician loan repayment.

...(A) As used in this rule, "advanced practice registered nurse," "clinician," "physician," and "physician assistant" have the same meanings as in section 5119.185 of the Revised Code. (B) The department has established a clinician loan repayment program to enhance its ability to recruit and retain physicians (including psychiatrists), advanced practice registered nurses, and physician assistan...

Rule 5122-36-01 | Purpose and definitions.

...(A) The purpose of RSS is to provide cash assistance to medicaid-eligible aged, blind, or disabled adults who have increased needs due to a medical or behavioral health condition which may not be severe enough to require institutionalization. The RSS cash payment is used together with the individual's personal income to help prevent premature or unnecessary institutionalization, and to deinstitutionalize those aged, ...

Rule 5122-36-02 | RSS non-financial eligibility.

...The RSS non-financial eligibility criteria are: (A) The individual is at least eighteen years of age. (B) The individual needs at least a protective level of care as defined in rule 5160-3-06 of the Administrative Code. An individual who is receiving (or authorized for) medicaid vendor payment of the nursing facility stay and is being discharged from a nursing facility as defined in rule 5160-3-15 of the Administr...

Rule 5122-36-02 | RSS non-financial eligibility.

...(A) An individual is to meet all criteria specified in paragraph (C) of rule 5160:1-5-01 of the Administrative Code to be eligible for RSS payments. OhioMHAS first determines whether the individual meets the non-financial eligibility criteria and then the appropriate CDJFS completes the financial eligibility determination. The RSS non-financial eligibility criteria are all of the following: (1) T...

Rule 5122-36-03 | Application process.

...(A) RSS application process may be through submission of an ODM 07120 form, electronic equivalent, or the use of an electronic system designated by OhioMHAS, and shall include an application for medicaid if the individual is not currently in receipt of medicaid. (B) OhioMHAS shall record the following information about the individual: (1) The individual's name, address, telephone number, date of birth, and social s...

Rule 5122-36-03 | Application process.

...(A) An individual or legal representative may apply for the RSS program by submitting an ODM 07120 form or its electronic equivalent to the appropriate CDJFS or by applying through an electronic system designated by OhioMHAS. In addition, the individual or legal representative will include with the RSS application an application for medicaid if the individual is not currently a medicaid recipient....

Rule 5122-36-04 | Responsibilities of the living arrangement.

...Each living arrangement housing a RSS resident shall: (A) Accept the allowable fee in rule 5122-36-05 of the Administrative Code as payment in full for all accommodations, supervision, and personal care services the living arrangement provides to the RSS resident. The living arrangement shall not request additional payment for these services from the resident, the resident's family, or any other local, state, or fed...

Rule 5122-36-04 | Responsibilities of the living arrangement.

...(A) A living arrangement described in paragraph (A)(5) of rule 5122-36-02 of the Administrative Code is eligible to accept RSS payments from an individual who receives RSS payments only if all of the following are the case: (1) The living arrangement accepts the allowable fee in rule 5122-36-05 of the Administrative Code as payment in full for all accommodations, supervision, and personal care se...

Rule 5122-36-05 | Determination of RSS payment.

...(A) The residential state supplement (RSS) payment to enrolled individuals shall be equal to the difference between the countable income, as determined for medicaid eligibility, and the financial need standard. This payment calculation includes the twenty dollars that is disregarded for eligibility purposes in paragraph (E)(6) of rule 5160:1-5-01 of the Administrative Code. (B) The financial need standard is the agg...

Rule 5122-36-05 | Determination of RSS payment.

...(A) The amount of each RSS payment is determined in accordance with paragraph (G) of rule 5160:1-5-01 of the Administrative Code. (B) The allowable fee is the amount an individual receiving RSS payments pays to a living arrangement and is one thousand one hundred dollars per month. (C) The personal needs allowance is at least two hundred dollars per month. (D) The approval date for the an indi...

Rule 5122-36-05 | Determination of RSS payment.

...(A) The amount of each RSS payment is determined in accordance with paragraph (G) of rule 5160:1-5-01 of the Administrative Code. (B) The allowable fee is the amount an individual receiving RSS payments pays to a living arrangement and is one thousand six hundred dollars per month. (C) The personal needs allowance is at least two hundred dollars per month. (D) The approval date for the an indi...

Rule 5122-40-01 | Definitions and applicability.

...(A) In addition to the definitions in rule 5122-24-01 of the Administrative Code, the following definitions apply to Chapter 5122-40 of the Administrative Code: (1) "Certified nurse practitioner" means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723. of the Revised Code and is designated as a certified nurse practitioner in accordance with sectio...

Rule 5122-40-03 | Issuance of licenses.

...(A) The department may issue a license for the program only if it has been determined to the department's satisfaction that the program is adequately staffed and equipped to maintain an opioid treatment program by demonstrating compliance with the licensure requirements set forth in section 5119.37 of the Revised Code and Chapter 5122-40 of the Administrative Code. The department shall not issue ...

Rule 5122-40-03 | Issuance of licenses.

...(A) The department may issue a license for the program only if it has been determined to the department's satisfaction that the program is adequately staffed and equipped to maintain an opioid treatment program by demonstrating compliance with the licensure requirements set forth in section 5119.37 of the Revised Code and Chapter 5122-40 of the Administrative Code. The department shall not issue ...