Ohio Revised Code Search

...No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of behavioral health, as provided by section 5119.33 of the Revised Code.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession. (B)(1) When submitting an application for initial or renewed l...

... (B)(1) A "residential facility" is a publicly or privately operated home or facility that falls into one of the following categories: (a) Class one facilities provide accommodations, supervision, personal care services, and mental health services for one or more unrelated adults with mental illness or one or more unrelated children or adolescents with severe emotional disturbances; (b) Class two facilities p...

...(A) Any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permitted use in any residential district or zone, including any single-family residential district or zone of any political subdivision. Such fa...

...ithstanding any other provision of law, contracts which are necessary to carry out the powers and duties of the receiver need not be competitively bid.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession. (B)(1) When submitting an application for initial ...

...ntial facility. (2) The department, a public children services agency, or a county department of job and family services determines that a principal, employee, volunteer, or nonresident occupant of the residential facility created a serious risk to the health or safety of a child residing in the facility that resulted in or could have resulted in a child's death or injury. (3) A principal, employee, resident, vol...

...The department of behavioral health shall publish a directory of all residential facilities licensed under section 5119.34 of the Revised Code on the department's web site. For each facility, the directory shall include all of the following: (A) The name of the facility; (B) The facility's full address; (C) The facility's categorization as a class one, class two, or class three facility; (D) The services offe...

...(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code. (B) Division (A) of this section does not apply to either of the...

...(A) A person or government entity that seeks initial certification of one or more certifiable services and supports, or that seeks to renew certification of one or more certifiable services and supports, shall submit an application to the director of behavioral health. On receipt of the application, the director shall determine whether the standards established by division (B) of this section and any rules adopted un...

...(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports; (2) Notify an individual included on the provider's waiting list when the provider has a slot available for the individual and, if the...

...The director of behavioral health shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The director shall adopt rules under this section that authorize the department of behavioral health to determine an advanced practice registered nurse's, physician assistant's, ...

...(A) The department of behavioral health shall do both of the following with the reports it receives from community addiction services providers under section 5119.362 of the Revised Code: (1) Subject to division (B) of this section, make the reports available on the department's internet web site; (2) Make the reports available in an electronic format to boards of alcohol, drug addiction, and mental health servi...

...The director of behavioral health shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Streamline the intake procedures used by a community addiction services provider accepting and beginning to serve a new individual, including procedures regarding intake forms and questionnaires; (B) Enable a community addiction services provider to retain an individual as an ac...

...diction services provider with which it contracts under section 340.036 of the Revised Code to provide certifiable services and supports establish grievance procedures consistent with rules adopted under section 5119.36 of the Revised Code that are available to all persons seeking or receiving certifiable services and supports from a community mental health services provider or community addiction services provider.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certification, or other approval to provide certifiable services and supports or an equivalent to certifiable services and supports. (B)(1) When submitti...

...(A) As used in this section, "telehealth services" has the same meaning as in section 4743.09 of the Revised Code. (B) Each community mental health services provider and community addiction services provider shall establish written policies and procedures describing how the provider will ensure that staff persons assisting clients with receiving telehealth services or providing telehealth services are fully trained...

... of real estate having situated on it a public or private school, child care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter. (5) The provider meets any additional requirements established by the department in rules adopted under division (F) of this section. (D) The department may waive the requirement of division (C)(4) of this se...

... of real estate having situated on it a public or private school, child care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter. If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. T...

...A drivers' intervention program may be used as an alternative to a term of imprisonment for an offender sentenced pursuant to division (G)(1)(a) of section 4511.19 of the Revised Code, if it is certified by the director of behavioral health pursuant to this section. No drivers' intervention program shall be used as an alternative to a term of imprisonment that is imposed pursuant to division (G)(1)(b), (c), (d), or (...

...(A) The department of behavioral health shall monitor the operation of recovery housing in this state by doing either of the following: (1) Certifying recovery housing residences through a process established by the department; (2) Accepting accreditation, or its equivalent for recovery housing, from one or more of the following: (a) The Ohio affiliate of the national alliance for recovery residences; (b)...

...(A) The department of behavioral health shall monitor the establishment of recovery housing residences in this state. (B) For purposes of division (A) of this section, and within the timeframe specified in division (C) of this section, each person or government entity that will operate a recovery housing residence on or after October 3, 2023, including any recovery housing that was established and in operation pri...

...(A) Beginning January 1, 2025, no person or government entity shall operate a recovery housing residence unless either of the following applies: (1)(a) If the department of behavioral health certifies recovery housing residences, the recovery housing residence is certified by the department. (b) If the department accepts accreditation or its equivalent from an organization specified in section 5119.39 of the Re...

...mplaints from residents, staff, and the public regarding recovery housing residences. The department may contract with one or more of the organizations specified in section 5119.39 of the Revised Code to fulfill some or all of the functions associated with receiving and investigating complaints. (B) Any organization under contract with the department to receive and investigate complaints shall make reports to the ...

...hall make the registry available to the public on the department's web site.

...Upon the death of a resident or former resident of any institution under the jurisdiction of the department of developmental disabilities, or upon the death of a person responsible under section 5121.06 of the Revised Code for the support of a resident, the department may waive the presentation of any claim for support against the estate of such decedent, when in its judgment an otherwise dependent person w...

...The state shall bear the expense of the burial or cremation of an indigent resident who dies in a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code or in a state correctional institution if the body is not claimed for interment or cremation at the expense of friends or relatives or is not delivered for anatomical purposes or for the study of embalming...

...The support and maintenance of residents confined in state institutions operated by the department of developmental disabilities under section 5123.03 of the Revised Code, including those transferred to them from state correctional institutions, and also including persons under indictment or conviction for crime, shall be collected and paid in accordance with sections 5121.01 to 5121.21 of the Revised Code.

...Claims due a benevolent institution may be sued for in the name of the institution.

...If payment of any amount due the state under the provisions of Chapter 5121. of the Revised Code is made on account of a resident by any liable relative, as defined in division (A) of section 5121.06 of the Revised Code, such relative may recover the following amounts from the following persons; provided, that in no event may such relative recover in total more than such relative has paid the state, and provided, tha...

...As used in sections 5121.30 to 5121.56 of the Revised Code: (A) "Countable assets" means all of the following: (1) Cash; (2) Bank deposits; (3) Securities; (4) Individual retirement accounts; (5) Qualified employer plans, including 401(k) and Keogh plans; (6) Annuities; (7) Funds in a trust created under section 5815.28 of the Revised Code; (8) Investment property and income; (9) The cash surrend...

...All patients shall be maintained at the expense of the state. The traveling and incidental expenses in conveying them to a hospital shall be paid by the county of commitment. On admission, patients shall be neatly and comfortably clothed. Thereafter, the expense of necessary clothing shall be borne by the responsible relatives or guardian if they are financially able. If not furnished, the state shall bear the expens...

...On an annual basis, the department of mental health and addiction services shall determine both of the following using generally accepted governmental accounting principles: (A) The per diem charge for each hospital operated by the department; (B) The ancillary per diem rate for each hospital operated by the department. In determining a hospital's per diem charge and ancillary per diem rate, the department sha...

...(A) Except as provided in sections 5121.35, 5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised Code, the department of mental health and addiction services shall, for each billing cycle, charge a patient, patient's estate, or liable relative the amount calculated under division (B) of this section for care and treatment the patient receives in a hospital operated by the department. (B) The amount to be ...

...(A) A patient, patient's estate, and patient's liable relatives shall be jointly and severally liable for amounts charged by the department of mental health and addiction services in accordance with section 5121.33 or 5121.35 of the Revised Code. In no case shall any of the foregoing persons be liable for more than one hundred per cent of the full amount charged under section 5121.33 of the Revised Code. (B) Colle...

...The department of mental health and addiction services shall charge a patient, patient's estate, or liable relative an amount discounted from the amount the department charges under section 5121.33 of the Revised Code if the department determines through the application process described in section 5121.36 of the Revised Code or through the financial assessment process described in section 5121.37 of the Revise...

...(A) A patient, patient's estate, or liable relative may apply for a discount by completing an application form prescribed by the director of mental health and addiction services. The department of mental health and addiction services may require a patient, estate, or relative to furnish any of the following with an application form: (1) A copy of the patient's, estate's, or liable relative's federal income ta...

...After a patient's admittance to a hospital, the department of mental health and addiction services shall conduct a financial assessment to determine whether the patient, patient's estate, or liable relative will be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised Code. The department shall make the determination in accordance with sections 5121.40 and 5121...

...e testimony under oath, and examine any public records relating to the income and other assets of a patient or of a relative liable for such patient's support. All information, conclusions, and recommendations shall be submitted to the department by the investigating agent of the department.

...(A) A patient, patient's estate, or liable relative may be eligible to be charged an amount discounted from the amount the department of mental health and addiction services charges under section 5121.33 of the Revised Code if the patient, estate, or relative has countable assets with a total value that is not greater than an amount equal to fifty per cent of the difference between the following: (1) The gross ann...

...(A) If the assets of a patient, patient's estate, or liable relative do not exceed the countable asset limit in section 5121.40 of the Revised Code and the annual income of the patient, estate, or relative does not exceed four hundred per cent of the federal poverty level, the patient, estate, or relative shall be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised...

...(A) Except as provided in division (B) of this section, a patient, patient's estate, or liable relative shall cease to be eligible for a discount under section 5121.36 or 5121.37 of the Revised Code on accumulation of countable assets in excess of an amount equal to fifty per cent of the difference between the following: (1) The gross annual income that corresponds with a family size of two persons at one hundred ...

...(A) If a patient is covered by an insurance policy or other contract that provides for payment of expenses for care and treatment for mental illness at or from a hospital operated by the department of mental health and addiction services, all of the following apply with respect to the amount owed to the department for such care and treatment:(1) The insured, policy owner, or other person having an interest in the pol...

...The department of mental health and addiction services may enter into an extended payment agreement with a patient, patient's estate, or liable relative who has notified the department that the patient, estate, or relative cannot reasonably pay an amount the department has charged. In no case shall the department take a security interest, mortgage, or lien against the principal family residence of a patient or liable...

...(A) For purposes of this section, "delinquent payment" means an amount owed by a patient, patient's estate, or liable relative to the department of mental health and addiction services for which the person has failed to do either of the following not later than ninety days after the service associated with the charge was incurred: (1) Make payment in full; (2) Make a payment in accordance with the terms of an ag...

...The department of mental health and addiction services shall not charge a liable relative under sections 5121.33 and 5121.35 of the Revised Code who has done either of the following: (A) Paid all amounts charged by the department for the care and treatment of a particular patient for fifteen consecutive years; (B) Paid amounts charged by the department for the care and treatment of more than one patient for a to...

...Irrespective of the number of patients for which the department of mental health and addiction services may charge a liable relative under sections 5121.33 and 5121.35 of the Revised Code, the department shall not charge a liable relative or group of liable relatives who are members of the same family unit for the support of more than one patient during the same period of time.

...The department shall accept voluntary payments from a patient, patient's estate, or liable relative in excess of a discounted amount charged in accordance with section 5121.35 of the Revised Code.

...(A) Any person who has been charged under section 5121.33 or 5121.35 of the Revised Code may petition the department of mental health and addiction services to do the following: (1) Release the person from a charge; (2) Modify or cancel a charge. (B) The department shall respond to a petition in writing and inform the petitioner of whether a release, modification, or cancellation has been approved.

...When a patient is committed to a hospital pursuant to judicial proceedings, the judge ordering the commitment shall: (A) Make a reliable report on the financial condition of the patient and of each liable relative, as provided in rules adopted by the director of mental health and addiction services ; (B) Certify the report required under division (A) of this section to the managing officer of the hospital. The m...