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Section 5104.014 | Medical statement of immunization.

... (3) Haemophilus influenzae type b; (4) Hepatitis A; (5) Hepatitis B; (6) Influenza; (7) Measles; (8) Mumps; (9) Pertussis; (10) Pneumococcal disease; (11) Poliomyelitis; (12) Rotavirus; (13) Rubella; (14) Tetanus. (C)(1) A child is not required to be immunized against a disease specified in division (B) of this section if any of the following is the case: (a) Immunization again...

Section 5104.015 | Adoption of rules.

...Code; (T) Minimum qualifications for employment as an administrator or child care staff member, which shall not include requiring an administrator or child care staff member to hold or obtain a bachelor's, master's, or doctoral degree; (U) Requirements for the training of administrators and child care staff members, including training in first aid, in prevention, recognition, and management of communicable dise...

Section 5104.016 | Rules establishing minimum requirements for child care centers.

...n to the rules adopted under section 5104.015 of the Revised Code, shall adopt rules establishing minimum requirements for child care centers. The rules shall include the requirements set forth in sections 5104.032 to 5104.034 of the Revised Code. Except as provided in section 5104.07 of the Revised Code, the rules shall not change the square footage requirements of section 5104.032 of the Revised Code or the maximum...

Section 5104.017 | Adoption of rules governing the operation of type A family child care homes.

...zations required pursuant to section 5104.014 of the Revised Code; (K) Procedures for screening employees, including any necessary physical examinations and immunizations; (L) Methods for encouraging parental participation in the type A home and methods for ensuring that the rights of children, parents, and employees are protected and that the responsibilities of parents and employees are met; (M) Procedures...

Section 5104.018 | Adoption of rules governing the licensure of type B family child care homes.

...zations required pursuant to section 5104.014 of the Revised Code; (K) Procedures for screening administrators and employees, including any necessary physical examinations and immunizations; (L) Methods of encouraging parental participation and ensuring that the rights of children, parents, and administrators are protected and the responsibilities of parents and administrators are met; (M) Standards for the ...

Section 5104.019 | Adoption of rules governing the certification of in-home aides.

...fety, and welfare of children receiving publicly funded child care in their own home and shall include the following: (A) Standards for ensuring that the child's home and the physical surroundings of the child's home are safe and sanitary, including physical environment, physical plant, and equipment; (B) Standards for the supervision, care, and discipline of children receiving publicly funded child care in the...

Section 5104.0110 | Rules requiring a physical examination.

...To the extent that any rules adopted for the purposes of this chapter require a health care professional to perform a physical examination, the rules shall include as a health care professional a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife.

Section 5104.0111 | Director of job and family services; duties.

... the adopted rule to each licensee; (4) Send to each county director of job and family services a notice of proposed rules governing the certification of in-home aides that includes an internet web site address where the proposed rules can be viewed; (5) Provide to each county director of job and family services an electronic copy of each adopted rule at least forty-five days prior to the rule's effective date;...

Section 5104.0112 | Regulation of instruction in religious or moral doctrines, beliefs, or values prohibited.

...Notwithstanding any provision of the Revised Code, the director of children and youth shall not regulate in any way under this chapter or rules adopted pursuant to this chapter, instruction in religious or moral doctrines, beliefs, or values.

Section 5104.02 | License required.

...er 20, 1987, was being operated by a nonpublic school that holds a charter issued under section 3301.16 of the Revised Code for kindergarten only: (a) The nonpublic school has given the notice to the state board of education and the director of children and youth required by Section 4 of Substitute House Bill No. 253 of the 117th general assembly; (b) The nonpublic school continues to be chartered by the depart...

Section 5104.021 | Exemption of youth development programs.

...empted by division (B)(8) of section 5104.02 of the Revised Code from the requirements of this chapter if the youth development program applies for and meets all of the requirements for the license.

Section 5104.022 | Licensing of foster homes as family child care homes.

...In no case shall the director of children and youth issue a license to operate a type A family child care home if the type A home is certified as a foster home or specialized foster home pursuant to Chapter 5103. of the Revised Code. In no case shall the director issue a license to operate a type B family child care home if the type B home is certified as a specialized foster home pursuant to Chapter 5103. of the Rev...

Section 5104.03 | Application for and renewal of license.

..." has the same meaning as in section 5104.01 of the Revised Code, except that "owner" also includes a firm, organization, institution, or agency, as well as any individual governing board members, partners, or authorized representatives of the owner. (B) Any person, firm, organization, institution, or agency seeking to establish a child care center, type A family child care home, or licensed type B family child ca...

Section 5104.032 | Physical space requirements for child care centers.

...n and inspection pursuant to section 5104.04 of the Revised Code and rules adopted pursuant to that section that the park, playground, or similar area, as well as access to and from the area, is unsafe for the children.

Section 5104.033 | Staff to child ratios.

...ase> 7:1 14 (ii) At least thirty months old, but less than three years old 8:1 16 (c) Preschool-age children: (i) Three years old 12:1 24 (ii) Four years old and five years old who are not school children

Section 5104.034 | Trained staff required on premises.

...Each child care center shall have on the center premises and readily available at all times at least one child care staff member who has completed a course in first aid, one staff member who has completed a course in prevention, recognition, and management of communicable diseases which is approved by the state department of health, and a staff member who has completed a course in child abuse recognition and preventi...

Section 5104.037 | Tuberculosis screening, testing of prospective employees.

...y preceding the date of application for employment. (C) If the person meets the criteria described in division (B) of this section, the center shall require the person to undergo a tuberculosis test before employment. If the result of the test is negative, the center may employ the person. (D) If the result of any tuberculosis test performed as described in division (C) of this section is positive, the center s...

Section 5104.038 | Enrollment, health, and attendance records.

...ren attending the center and health and employment records for all center employees. The records shall be confidential, except that they shall be disclosed by the administrator to the director of children and youth upon request for the purpose of administering and enforcing this chapter and rules adopted pursuant to this chapter. Neither the center nor the licensee, administrator, or employees of the center shall be ...

Section 5104.039 | Access to centers for parents or guardians.

...(A) Any parent who is the residential parent and legal custodian of a child enrolled in a child care center and any custodian or guardian of such a child shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting their children, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. A parent...

Section 5104.04 | Investigating, inspecting, and licensing procedures established.

... licensure or licensed under section 5104.03 of the Revised Code is in violation of any provision of this chapter or rules adopted pursuant to this chapter, the department may issue an order of denial to the applicant or an order of revocation to the center, type A home, or licensed type B home revoking the license previously issued by the department. Upon the issuance of such an order, the person whose application i...

Section 5104.041 | Type A and B family child care home requirements.

...(A) All type A family child care homes and licensed type B family child care homes shall procure and maintain one of the following: (1) Liability insurance issued by an insurer authorized to do business in this state under Chapter 3905. of the Revised Code insuring the type A or type B family child care home against liability arising out of, or in connection with, the operation of the family child care home. The i...

Section 5104.042 | Suspension of child care center and home licenses without hearing.

...n administrative leave or released from employment; (c) Any person who resides in the type A home or licensed type B home. (3) An owner, licensee, administrator, or employee of the center, type A home, or licensed type B home, or a resident of the type A home or licensed type B home is charged by an indictment, information, or complaint with an offense relating to the abuse or neglect of a child. (4) The dep...

Section 5104.043 | Determination of serious risk of noncompliance; notice.

...tronic notice to caretaker parents. (4) The licensee shall provide a copy of the notice to the department. (C) The director of children and youth shall adopt rules to enforce this section. (D) The requirements of this section do not apply if the department suspends the license of a child care center, type A family child care home, or licensed type B family child care home pursuant to section 5104.042 of the ...

Section 5104.05 | Requirements for building, fire prevention, and food service.

...(A) The director of children and youth shall issue a license or provisional license for the operation of a child care center, if the director finds, after investigation of the applicant and inspection of the center, that other requirements of this chapter, rules promulgated pursuant to this chapter, and the following requirements are met: (1) The buildings in which the center is housed, subsequent to any major mod...

Section 5104.051 | Responsibility for inspections.

...quired by division (A)(1) of section 5104.05 of the Revised Code. Where there is a municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy which includes child care centers, all inspections required under division (A)(1) of section 5104.05 of the Revised Code shall be made by that depart...

Section 5161.06 | CHIP part I.

...The component of the children's health insurance program authorized by section 5161.05 of the Revised Code shall be known as CHIP part I.

Section 5161.10 | State child health plan.

...In accordance with federal law governing the children's health insurance program, the medicaid director may submit a state child health plan to the United States secretary of health and human services to pay, except as provided in section 5161.22 of the Revised Code, for part or all of the cost of health benefits coverage for uninsured individuals under nineteen years of age with family incomes above one hundre...

Section 5161.11 | CHIP part II.

...The component of the children's health insurance program authorized by section 5161.10 of the Revised Code shall be known as CHIP part II.

Section 5161.12 | Implementation of CHIP part II.

...If the medicaid director submits a state child health plan to the United States secretary of health and human services under section 5161.10 of the Revised Code and the secretary approves the plan, the director shall implement CHIP part II in accordance with the plan. ; .

Section 5161.15 | Request for waiver to pay costs for certain individuals.

...In accordance with federal law governing the children's health insurance program, the medicaid director may submit a request for a federal waiver to the United States secretary of health and human services to pay, except as provided in section 5161.22 of the Revised Code, for part or all of the cost of health benefits coverage for individuals under nineteen years of age with family incomes above two hundred per...

Section 5161.16 | CHIP part III.

...The component of the children's health insurance program authorized by section 5161.15 of the Revised Code shall be known as CHIP part III.

Section 5161.17 | Implementation of CHIP part III.

...If the medicaid director submits a waiver request to the United States secretary of health and human services under section 5161.15 of the Revised Code and the secretary grants the waiver, the director shall implement CHIP part III in accordance with the waiver.

Section 5161.20 | Health benefits coverage.

...e "Social Security Act," section 2101, 42 U.S.C. 1397aa, the children's health insurance program shall provide payments for obtaining health benefits coverage through any of the following: (A) Obtaining coverage that meets the requirements the "Social Security Act," section 2103, of 42 U.S.C. 1397cc; (B) Providing benefits under the medicaid program; (C) A combination of divisions (A) and (B) of this sectio...

Section 5161.22 | Imposing restrictions where federal financial participation for CHIP parts II or III insufficient.

...If the medicaid director determines that federal financial participation for CHIP part II, part III, or both parts is insufficient to pay for part or all of the costs of health benefits coverage for all the individuals the director anticipates are eligible for the part or parts, the director may refuse to accept new applications for the part or parts or may make the eligibility requirements more restrictive for...

Section 5161.24 | Cost-sharing by individual receiving health assistance under CHIP part II.

...Social Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid director may require an individual seeking to enroll, or who is enrolled, in CHIP part II to pay a premium, deductible, coinsurance payment, or other cost-sharing expense.

Section 5161.25 | Premium payments.

...Social Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid director shall require an individual seeking to enroll, or who is enrolled, in CHIP part III to pay the following as a term of enrollment: (A) A premium of not less than forty dollars per month for a family with one individual seeking to enroll, or who is enrolled, in the part; (B) A premium of not less than eighty dollars per month for ...

Section 5161.27 | Application for medicaid.

...A completed application for medicaid shall be treated as an application for the children's health insurance program if the application is for an assistance group that includes a child under nineteen years of age and is denied.

Section 5161.30 | Contract to perform administrative duties.

...The medicaid director may contract with a government entity or person to perform the director's administrative duties regarding CHIP part I, part II, part III, two of the parts, or all three parts, other than the duty to submit a state child health plan to the United States secretary of health and human services under section 5161.10 of the Revised Code, the duty to submit a waiver request under section 5161.15...

Section 5161.35 | Waiver request to provide health assistance to certain individuals.

... the "Social Security Act," section 2104, 42 U.S.C. 1397dd, that are not otherwise used to fund the children's health insurance program parts I and II.

Section 5162.01 | Definitions.

...Title XIX of the "Social Security Act," 42 U.S.C. 1396 et seq., including any medical assistance provided under the medicaid state plan or a federal medicaid waiver granted by the United States secretary of health and human services. (2) "Medicare" and "medicare program" mean the federal health insurance program established by Title XVIII of the "Social Security Act," 42 U.S.C. 1395 et seq. (B) As used in this ...

Section 5162.02 | Rules for implementation of chapter.

...The medicaid director shall adopt rules as necessary to implement this chapter.

Section 5162.021 | Adoption of rules by other state agencies.

... sections 5160.02, 5162.02, 5163.02, 5164.02, 5165.02, 5166.02, and 5167.02 of the Revised Code as necessary to authorize the directors of other state agencies to adopt rules regarding medicaid components, or aspects of medicaid components, the other state agencies administer pursuant to contracts entered into under section 5162.35 of the Revised Code.

Section 5162.022 | Director's rules binding.

...The medicaid director's rules governing medicaid are binding on other state agencies and political subdivisions that administer one or more components of the medicaid program, or one or more aspects of a component, pursuant to contracts entered into under section 5162.35 of the Revised Code. No state agency or political subdivision may establish, by rule or otherwise, a policy governing medicaid that is incons...

Section 5162.03 | Administration of medicaid program.

...ial Security Act," section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of medicaid shall act as the single state agency to supervise the administration of the medicaid program. As the single state agency, the department shall comply with 42 C.F.R. 431.10(e) and all other federal requirements applicable to the single state agency.

Section 5162.031 | Powers of director.

... medicaid providers, under sections 5164.02 and 5165.02 of the Revised Code, as appropriate; (2) If the rules concern the department's duties concerning individuals' eligibility for medicaid services, under section 5163.02 of the Revised Code; (3) If the rules concern the department's duties concerning financial and operational matters between the department and county departments of job and family services, ...

Section 5162.04 | No state cause of action to enforce federal laws.

...As used in this section, "state agency" has the same meaning as in section 9.23 of the Revised Code. No provision of Title LI of the Revised Code or any other law of this state that incorporates any provision of federal medicaid law, or that may be construed as requiring the state, a state agency, or any state official or employee to comply with that federal provision, shall be construed as creating a cause of...

Section 5162.05 | Implementation of medicaid program.

...The medicaid program shall be implemented in accordance with all of the following: (A) The medicaid state plan approved by the United States secretary of health and human services, including amendments to the plan approved by the United States secretary; (B) Federal medicaid waivers granted by the United States secretary, including amendments to waivers approved by the United States secretary; (C) Other type...

Section 5162.06 | Components requiring federal approval or funding.

...her state statute except for section 5164.061 of the Revised Code, no component, or aspect of a component, of the medicaid program shall be implemented without all of the following: (1) Subject to division (B) of this section, if the component, or aspect of the component, requires federal approval, receipt of the federal approval; (2) Sufficient federal financial participation for the component or aspect of the c...

Section 5162.07 | Federal approval for permissive components not required.

...The medicaid director shall seek federal approval for all components, and aspects of components, of the medicaid program for which federal approval is needed, except that the director is permitted rather than required to seek federal approval for components, and aspects of components, that state statutes permit rather than require be implemented. Federal approval shall be sought in the following forms as approp...

Section 5162.08 | Legislative notice of medicaid amendments and waivers.

...5 or 1915 of the "Social Security Act," 42 U.S.C. 1315 and 42 U.S.C. 1396n, that would expand medicaid coverage to any additional individuals or class of individuals or increase any net costs to the state, without first providing notice to the legislative service commission and the standing committees in the house of representatives and the senate with jurisdiction over medicaid. (B) The department shall provide re...