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Section 5123.701 | Application for short-term care.

...(A) Except as provided in division (D) of this section, any person in the community who is eighteen years of age or older and who is or believes self to be a person with an intellectual disability may make written application to the managing officer of any institution for temporary admission for short-term care. The application may be made on behalf of a minor by a parent or guardian, and on behalf of an adult adjudi...

Section 5123.75 | Probable cause hearing.

...A respondent who is involuntarily placed in an institution or other place as designated in section 5123.77 of the Revised Code or with respect to whom proceedings have been instituted under section 5123.71 of the Revised Code shall, on request of the respondent, the respondent's guardian, or the respondent's counsel, or upon the court's own motion, be afforded a hearing to determine whether there is probable cause to...

Section 5123.80 | Trial visits.

...(A) When the chief program director of an institution for persons with i ntellectual disabilities considers that it is in the best interest of a resident, the managing officer may permit the resident to leave the institution on a trial visit. The trial visit shall be for the period of time the managing officer determines. (B) The managing officer, upon releasing a resident on trial visit, may impose such requireme...

Section 5123.85 | Habilitation plan.

...(A) All residents institutionalized pursuant to this chapter shall receive, within thirty days of their admission, a comprehensive evaluation, a diagnosis, a prognosis, and a description of habilitation goals consistent therewith. (B) All such residents shall have a written habilitation plan consistent with the comprehensive evaluation, diagnosis, prognosis, and goals which shall be provided, upon request of residen...

Section 5123.89 | Confidentiality.

...(A) As used in this section: (1) "Family" means a parent, brother, sister, spouse, son, daughter, grandparent, aunt, uncle, or cousin. (2) "Payment" means activities undertaken by a service provider or government entity to obtain or provide reimbursement for services provided to a person. (3) "Treatment" means the provision of services to a person, including the coordination or management of services provided t...

Section 5123.96 | Payment of costs, fees, and expenses of proceedings.

...Costs, fees, and expenses of all proceedings held under this chapter shall be paid as follows: (A) To police and health officers, other than sheriffs or their deputies, the same fees allowed to constables, to be paid upon the approval of the probate judge; (B) To sheriffs or their deputies, the same fees allowed for similar services in the court of common pleas; (C) To physicians or licensed clinical psychologists...

Section 5124.08 | Provider agreements with ICF/IID providers.

...(A) Every provider agreement with an ICF/IID provider shall do both of the following: (1) Except as provided by division (B) of this section, include any part of the ICF/IID that meets federal and state standards for medicaid certification; (2) Prohibit the provider from doing either of the following: (a) Discriminating against a resident on the basis of race, color, sex, creed, or national origin; (b) Subje...

Section 5124.106 | Failure to timely file report; consequences.

...(A) If an ICF/IID provider required by section 5124.10 of the Revised Code to file a cost report for the ICF/IID fails to file the cost report by the date it is due or the date, if any, to which the due date is extended pursuant to division (E) of that section, or files an incomplete or inadequate report for the ICF/IID under that section, the department of developmental disabilities shall do both of the follow...

Section 5124.151 | Initial rates for services provided by a new ICF/IID.

...(A) The total per medicaid day payment rate determined under section 5124.15 of the Revised Code shall not be the initial rate for ICF/IID services provided by a new ICF/IID. Instead, the initial total per medicaid day payment rate for ICF/IID services provided by a new ICF/IID shall be determined in accordance with this section. (B) The initial total per medicaid day payment rate for ICF/IID services provided by ...

Section 5124.191 | Definition of ICF/IID resident; assessment of residents.

...(A) As used in sections 5124.191 to 5124.193 of the Revised Code, "ICF/IID resident" includes an individual who is on hospital or therapeutic leave from an ICF/IID. (B) In accordance with rules adopted under section 5124.03 of the Revised Code, the department of developmental disabilities shall assess each ICF/IID resident regardless of payment source and compile complete assessment data on the residents. The depar...

Section 5124.24 | Determination of per medicaid day quality incentive payment.

...(A) For fiscal year 2022 and each fiscal year thereafter, the department of developmental disabilities shall determine in accordance with division (C) of this section a per medicaid day quality incentive payment for each ICF/IID that earns for the fiscal year at least one point under division (B) of this section. (B) Each fiscal year beginning with fiscal year 2022, the department, in accordance with rules authoriz...

Section 5124.50 | Notice of facility closure or voluntary termination.

...An exiting operator or owner of an ICF/IID participating in the medicaid program shall provide the department of developmental disabilities and department of medicaid written notice of a facility closure or voluntary termination not less than ninety days before the effective date of the facility closure or voluntary termination. The written notice shall be provided to the department of developmental disabilitie...

Section 5124.99 | Penalty for violation of cost reporting provisions.

...Whoever violates section 5124.102 or division (E) of section 5124.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund.

Section 5126.021 | Membership of county boards.

...(A) Each county board of developmental disabilities shall consist of seven members. The board of county commissioners of the county shall appoint five members and the senior probate judge of the county shall appoint two members. (B) Beginning July 1, 2025, when making initial appointments to a county board of developmental disabilities, and when making an appointment to fill a vacancy pursuant to section 5126.027 ...

Section 5126.023 | Persons who may not serve on a county board of developmental disabilities.

...None of the following individuals may serve as a member of a county board of developmental disabilities: (A) An elected public official, except for a township trustee, township fiscal officer, or individual excluded from the definition of public official or employee in division (B) of section 102.01 of the Revised Code; (B) An immediate family member of a member of the same county board; (C) An employee of any cou...

Section 5126.04 | Planning and setting priorities.

...(A) Each county board of developmental disabilities shall plan and set priorities based on available resources for the provision of facilities, programs, and other services to meet the needs of county residents who are individuals with developmental disabilities, former residents of the county residing in state institutions or, before September 29, 2011, placed under purchase of service agreements under section 5123....

Section 5126.041 | Eligibility determinations.

...(A) As used in this section: (1) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code. (2) "State institution" means all or part of an institution under the control of the department of developmental disabilities pursuant to section 5123.03 of the Revised Code and maintained for the care, treatment, and training of individuals with i ntellectual disabilities. (B) Exce...

Section 5126.042 | Waiting lists for non-medicaid programs or services.

...(A) As used in this section, "department of developmental disabilities-administered medicaid waiver component" means a medicaid waiver component administered by the department of developmental disabilities pursuant to section 5166.21 of the Revised Code. (B) If a county board of developmental disabilities determines that available resources are not sufficient to meet the needs of all individuals who request non-med...

Section 5126.046 | Right to community-based services; list of providers.

...(A) Except as otherwise provided by 42 C.F.R. 431.51, an individual with a developmental disability who is eligible for home and community-based services has the right to obtain the services from any provider of the services that is qualified to furnish the services and is willing to furnish the services to the individual. A county board of developmental disabilities that has medicaid local administrative authority u...

Section 5126.05 | County board - powers and duties.

...(A) Subject to the rules established by the director of developmental disabilities pursuant to Chapter 119. of the Revised Code for programs and services offered pursuant to this chapter, and subject to the rules established by the department of education and workforce pursuant to Chapter 119. of the Revised Code for programs and services offered pursuant to Chapter 3323. of the Revised Code, the county board of deve...

Section 5126.053 | Five-year projection of revenues and expenditures.

...(A) Beginning April 1, 2020, and then annually thereafter on or before the first day of April each year, each county board of developmental disabilities shall submit to the department of developmental disabilities, in the format established pursuant to division (B) of this section, a five-year projection of revenues and expenditures. Each five-year projection shall be approved by the superintendent of the county boar...

Section 5126.055 | Services provided by board that has medicaid local administrative authority.

...(A) Except as provided in section 5126.056 of the Revised Code, a county board of developmental disabilities has medicaid local administrative authority to, and shall, do all of the following for an individual with a developmental disability who resides in the county that the county board serves and seeks or receives home and community-based services: (1) Perform assessments and evaluations of the individual. As pa...

Section 5126.131 | Regional council and county board annual cost report.

...(A)(1) Each regional council established under section 5126.13 of the Revised Code shall file with the department of developmental disabilities an annual cost report detailing the regional council's income and expenditures. (2) Each county board of developmental disabilities shall file with the department an annual cost report detailing the board's income and expenditures. (B)(1)(a) Unless the department establis...

Section 5126.14 | Administrative oversight.

...The entity responsible for the habilitation management included in adult day habilitation services, the program management included in residential services, and the program management included in supported living shall provide administrative oversight by doing all of the following: (A) Having available supervisory personnel to monitor and ensure implementation of all interventions in accordance with ...

Section 5126.20 | Employee definitions.

...As used in this section and sections 5126.21 to 5126.25 of the Revised Code: (A) "Service employee" means a person employed by a county board of developmental disabilities in a position which may require registration under section 5126.25 of the Revised Code but for which a bachelor's degree from an accredited college or university is not required, and includes employees in the positions listed in division (C...