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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 5123.88 | Writ of habeas corpus.

...Any person detained pursuant to this chapter shall be entitled to the writ of habeas corpus upon proper petition by self or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person is detained. No person may bring a petition for a writ of habeas corpus that alleges that a person involuntarily detained pursuant to this chapter is no longer a person with an intel...

Section 5123.89 | Confidentiality.

...entified, on the relative's request. (4) Disclosure is needed for the treatment of a person who is a resident or former resident of an institution for persons with intellectual disabilities or a person whose institutionalization has been sought under this chapter or is needed for the payment of services provided to the person. (5) Disclosure is needed for a guardianship proceeding under Chapter 2111. of the Revis...

Section 5123.90 | Attorney general duties.

... instituted on behalf of or against any public institution under the jurisdiction of the department of developmental disabilities and the managing officer thereof. If a writ of habeas corpus is applied for, the clerk of the court shall give notice of the time and place of hearing to the attorney general.

Section 5123.91 | Immunity.

...All persons who are not subject to any criminal provisions and who act reasonable and in good faith, either upon actual knowledge or upon information reasonably thought by them to be reliable, shall be free from any liability to a person institutionalized in institutions for persons with i ntellectual disabilities or to any other person in their procedural or physical assistance administered in the course of the in...

Section 5123.92 | Venue.

...If an affidavit alleging that a person has an intellectual disability and is subject to institutionalization by court order is filed, according to the provisions of section 5123.71 of the Revised Code, in the probate division of a county within the institutional district but not in the county within which the institution is located, and if such person is detained in the institution, the probate division of the coun...

Section 5123.93 | Guardianship of minor.

...be dependent, abused, or neglected, the public children services agency to whom permanent custody has been assigned pursuant to Chapter 2151. of the Revised Code shall have the same authority and responsibility it would have if the child were not a person with an intellectual disability and were not institutionalized. In no case shall the guardianship of a person with an intellectual disability be assigned to the ma...

Section 5123.95 | Transmission of court papers.

... amount as is required by section 2109.04 of the Revised Code. A special guardian as provided for in this section, and while acting as such, shall be governed by all laws applicable to guardians of the estates of incompetents. The special guardian shall be allowed such compensation for the special guardian's services as the court thinks reasonable, providing the special guardian forthwith performs all the duties incu...

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

... provided to witnesses by section 119.094 of the Revised Code, and to witnesses in a judicial proceeding, the same fees and mileage as are provided to witnesses by section 2335.06 of the Revised Code, to be paid upon the approval of the probate judge; (E) To a person, other than the sheriff or the sheriff's deputies, for taking a person with an intellectual disability to an institution or removing a person with an...

Section 5123.97 | Record of probate judge.

...In cases of proceedings held under this chapter, the probate judge shall file and preserve all papers filed with him and make such entries upon his docket as, together with the papers so filed, will constitute a complete record of each case determined by him.

Section 5123.99 | Penalty.

..., if the abuse or neglect constitutes a felony, a misdemeanor of the second degree. In addition to any other sanction or penalty authorized or required by law, if a person who is convicted of or pleads guilty to a violation of division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is a developmental disabilities employee, as defined in section 5123.50 of the Revised Code, the offender shall be eligible t...

Section 5124.01 | Definitions.

... related to an ICF/IID and purchased at public issue or a regulated lender that has made a loan related to the ICF/IID unless the holder or lender operates the ICF/IID directly or through a subsidiary. (MM) "Partially converted ICF/IID" means an ICF/IID that converted some, but not all, of its beds to providing home and community-based services under the individual options waiver pursuant to section 5124.60 or 512...

Section 5124.02 | Assumption of powers and duties regarding medicaid program's coverage of ICF/IID services.

...pmental disabilities under sections 5124.50 to 5124.53 of the Revised Code. Except as otherwise authorized by the United States secretary of health and human services, no provision of the contract may violate a federal law or regulation governing the medicaid program.

Section 5124.03 | Rules.

...To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter.

Section 5124.05 | Scope of coverage.

...The medicaid program shall cover ICF/IID services when all of the following apply: (A) The ICF/IID services are provided to a medicaid recipient eligible for the services. (B) The ICF/IID services are provided by an ICF/IID for which the provider has a valid provider agreement. (C) Federal financial participation is available for the ICF/IID services.

Section 5124.06 | Eligibility to enter into provider agreements.

...(A) Subject to section 5124.072 of the Revised Code, an ICF/IID operator is eligible to enter into a provider agreement for an ICF/IID if all of the following apply: (1) The ICF/IID is certified by the director of health for participation in medicaid; (2) The ICF/IID is licensed by the director of developmental disabilities as a residential facility; (3) Subject to division (B) of this section, the operator a...

Section 5124.07 | Department provider agreements; contents.

...(A) Except as provided in section 5124.072 of the Revised Code, the department of medicaid shall enter into a provider agreement with an ICF/IID operator who applies, and is eligible, for the provider agreement. (B) A provider agreement shall require the department of developmental disabilities, pursuant to its agreement with the department of medicaid under section 5124.02 of the Revised Code, to make medica...

Section 5124.071 | Agreements with more than one ICF/IID.

...An ICF/IID operator may enter into provider agreements for more than one ICF/IID.

Section 5124.072 | Revalidation of agreements.

...er agreement as provided in section 5124.06 of the Revised Code.

Section 5124.08 | Provider agreements with ICF/IID providers.

...nce with rules adopted under section 5124.03 of the Revised Code. (D) Nothing in this section shall bar a provider from doing any of the following: (1) If the provider is a religious organization operating a religious or denominational ICF/IID, giving preference to persons of the same religion or denomination; (2) Giving preference to persons with whom the provider has contracted to provide continuing care; ...

Section 5124.081 | Resident's cause of action for breach.

...s or other duties imposed by section 5124.08 of the Revised Code. The action may be commenced by the resident, or on the resident's behalf by the resident's sponsor, by the filing of a civil action in the court of common pleas of the county in which the ICF/IID is located or in the court of common pleas of Franklin county. If a court of common pleas finds that a provider has breached a provider agreement obli...

Section 5124.10 | Cost reports.

... this section and divisions (C)(2) and (4) of section 5124.101 of the Revised Code, each ICF/IID provider shall file with the department of developmental disabilities an annual cost report for each of the provider's ICFs/IID for which the provider has a valid provider agreement. The cost report for a year shall cover the calendar year or portion of the calendar year during which the ICF/IID participated in the medica...

Section 5124.101 | Cost reports for downsized or partially converted provider.

...er group 2, peer group 3, or peer group 4 that becomes a downsized ICF/IID or partially converted ICF/IID on or after July 1, 2013, or becomes a new ICF/IID on or after that date, may file with the department of developmental disabilities a cost report covering the period specified in division (B) of this section if the following applies to the ICF/IID: (1) In the case of an ICF/IID that becomes a downsized ICF/IID...

Section 5124.102 | Fines paid excluded from reports.

...all report fines paid under section 5124.99 of the Revised Code in a cost report filed under section 5124.10, 5124.101, or 5124.522 of the Revised Code.

Section 5124.103 | Form of cost reports.

...g the form prescribed under section 5124.104 of the Revised Code and in accordance with the guidelines established under that section.

Section 5124.104 | Duties of department.

...The department of developmental disabilities shall do all of the following: (A) Prescribe the form to be used for completing a cost report and a uniform chart of accounts for the purpose of reporting costs on the form; (B) Distribute a paper copy of the form, or computer software for electronic submission of the form, to each provider at least sixty days before the date the cost report is due; (C) Establish ...