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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 5166.09 | Reservation of participant capacity for individuals related to active duty military who were receiving services in another state.

...Every home and community-based services medicaid waiver component shall reserve a portion of the participant capacity of the waiver for eligible individuals whose spouse or parent or legal guardian is an active duty military service member and, at the time of the service member's transfer to Ohio, the eligible individual was receiving home and community-based services in another state.

Section 5166.10 | Transfer of enrollee in one medicaid waiver component to another.

...To the extent necessary for the efficient and economical administration of medicaid waiver components, the department of medicaid may transfer an individual enrolled in a medicaid waiver component administered by the department to another medicaid waiver component the department administers if the individual is eligible for the medicaid waiver component and the transfer does not jeopardize the individual's heal...

Section 5166.11 | Creation of medicaid waiver components for home and community-based services programs.

...d in the medicaid waiver components; (4) Any other requirements the department selects for the medicaid waiver components. (C) (D) After the first of any of the medicaid waiver components that the department administers under this section begins to enroll eligible individuals, the department may cease to enroll additional individuals in a medicaid waiver component of the Ohio home care program.

Section 5166.121 | Home first component for the Ohio home care waiver program.

...r the Ohio home care waiver program. (4) The individual does not reside in a nursing facility or hospital long-term care unit at the time the individual applies for the Ohio home care waiver program but is at risk of imminent admission to a nursing facility or hospital long-term care unit due to a documented loss of a primary caregiver. (5) The individual resides in a nursing facility at the time the individu...

Section 5166.16 | Integrated care delivery system medicaid waiver.

...(A) As used in this section and section 5166.161 of the Revised Code, "ODA or MCD medicaid waiver component" means all of the following: (1) The medicaid-funded component of the PASSPORT program; (2) The medicaid-funded component of the assisted living program; (3) The Ohio home care waiver program. (B) The medicaid director may create a home and community-based services medicaid waiver component as part ...

Section 5166.161 | Home and community-based services for Holocaust survivors.

...The department of medicaid shall ensure that each ICDS participant who is a survivor of the Holocaust that occurred in Europe during World War II receives, while enrolled in the ICDS medicaid waiver component, home and community-based services of the type and in at least the amount, duration, and scope that the participant is assessed to need and would have received if the participant were enrolled in an ODA or MCD m...

Section 5166.20 | Additional Medicaid waiver components for home and community-based services.

...dicaid shall seek, accept, and consider public comments.

Section 5166.21 | Transitions developmental disabilities waiver.

...The department of medicaid shall enter into a contract with the department of developmental disabilities under section 5162.35 of the Revised Code with regard to one or more of the medicaid waiver components created by the department of medicaid under section 5166.20 of the Revised Code. The contract shall include the medicaid waiver component known as the transitions developmental disabilities waiver. The contract s...

Section 5166.22 | Allocating enrollment numbers to county board of developmental disabilities.

... the services pursuant to section 5126.042 of the Revised Code; (2) Anything else the department considers necessary to enable the county board to provide the services to individuals placed on the county board's waiting list established for the services pursuant to section 5126.042 of the Revised Code. (B) Division (A) of this section applies to home and community-based services provided under the medicaid waiver...

Section 5166.23 | Rules regarding payments for home and community-based services provided under medicaid component.

...(A) Subject to division (D) of this section, the medicaid director shall adopt rules under section 5166.02 of the Revised Code establishing the payment amounts or the methods by which the payment amounts are to be determined for home and community-based services specified in division (A)(1) of section 5166.20 of the Revised Code and provided under the components of the medicaid program that the department of de...

Section 5166.30 | Coverage of home care attendant services.

...rding home care attendant services. (4) "Authorizing health care professional" means a health care professional who, pursuant to section 5166.307 of the Revised Code, authorizes a home care attendant to assist a consumer with self-administration of medication, nursing tasks, or both. (5) "Consumer" means an individual to whom all of the following apply: (a) The individual is enrolled in a participating medic...

Section 5166.301 | Home care attendant services providers.

... personnel qualifications specified in 42 C.F.R. 484.4 for home health aides or has successfully completed at least one of the following: (a) A competency evaluation program or training and competency evaluation program approved or conducted by the director of health under section 3721.31 of the Revised Code; (b) A training program approved by the appropriate director that includes training in at least all of ...

Section 5166.302 | Continuing education requirements for home care attendants.

...A home care attendant shall complete not less than twelve hours of in-service continuing education regarding home care attendant services each year and provide the appropriate director evidence satisfactory to the appropriate director that the attendant satisfied this requirement. The evidence shall be submitted to the appropriate director not later than the annual anniversary of the issuance of the home care a...

Section 5166.303 | Responsibilities of home care attendants.

...A home care attendant shall do all of the following: (A) Maintain a clinical record for each consumer to whom the attendant provides home care attendant services in a manner that protects the consumer's privacy; (B) Participate in a face-to-face visit every ninety days with all of the following to monitor the health and welfare of each of the consumers to whom the attendant provides home care attendant services...

Section 5166.304 | Nursing assistance by home care attendants.

...(A) A home care attendant may assist a consumer with nursing tasks or self-administration of medication only after the attendant does both of the following: (1) Subject to division (B) of this section, completes consumer-specific training in how to provide the assistance that the authorizing health care professional authorizes the attendant to provide to the consumer; (2) At the request of the consumer, consu...

Section 5166.305 | Nursing assistance by home care attendants; consent and authorization.

...A home care attendant shall comply with both of the following when assisting a consumer with nursing tasks or self-administration of medication: (A) The written consent of the consumer or consumer's authorized representative provided to the appropriate director under section 5166.306 of the Revised Code; (B) The authorizing health care professional's written authorization provided to the appropriate director ...

Section 5166.306 | Nursing assistance by home care attendants; written statement providing consent.

...To consent to a home care attendant assisting a consumer with nursing tasks or self-administration of medication, the consumer or consumer's authorized representative shall provide the appropriate director a written statement signed by the consumer or authorized representative under which the consumer or authorized representative consents to both of the following: (A) Having the attendant assist the consumer ...

Section 5166.307 | Nursing assistance by home care attendants; written statement of authorization.

...To authorize a home care attendant to assist a consumer with nursing tasks or self-administration of medication, a health care professional shall provide the appropriate director a written statement signed by the health care professional that includes all of the following: (A) The consumer's name and address; (B) A description of the nursing tasks or self-administration of medication with which the attendant ...

Section 5166.308 | Nursing assistance by home care attendants; unauthorized actions.

...d in the consumer's clinical record. (4) The medication is stored separately from all other medications and is secured and locked at all times when not being administered to the consumer to prevent unauthorized access. (D) Perform an intramuscular injection; (E) Perform a subcutaneous injection unless it is for a routine dose of insulin; (F) Program a pump used to deliver a medication unless the pump is used...

Section 5166.309 | Practice of nursing as registered nurse or licensed practical nurse not allowed by home care attendants.

...ractical nurse in violation of section 4723.03 of the Revised Code. A consumer or the consumer's authorized representative shall report to the appropriate director if a home care attendant engages in the practice of nursing as a registered nurse or the practice of nursing as a licensed practical nurse beyond the authorizing health care professional's authorization. The appropriate director shall forward a cop...

Section 5166.3010 | Authorized representative.

...A consumer who is an adult may select an individual to act on the consumer's behalf for purposes regarding home care attendant services by submitting a written notice of the consumer's selection of an authorized representative to the appropriate director. The notice shall specifically identify the individual the consumer selects as authorized representative and may limit what the authorized representative may d...

Section 5166.32 | Medicaid waiver for individuals with cystic fibrosis.

...If the department of medicaid terminates the 209(b) option, the department shall establish a medicaid waiver component under which an individual who has cystic fibrosis and is enrolled in the program for children and youth with special health care needs by the department of health under section 3701.023 of the Revised Code or the program the department of health administers pursuant to division (G) of that section ma...

Section 5166.37 | Medicaid waiver - additional eligibility requirements for members of expansion group.

...r an occupational training program; (4) Be participating in an alcohol and drug addiction treatment program; (5) Have intensive physical health care needs or serious mental illness. (B) Not earlier than February 1, 2025, and not later than March 1, 2025, the director shall seek approval from the United States centers for medicare and medicaid services to implement the medicaid waiver component described in t...

Section 5166.40 | Definitions.

...(A) As used in sections 5166.40 to 5166.409 of the Revised Code: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Buckeye account" means a modified health savings account established under section 5166.402 of the Revised Code. (3) "Contribution" means the amounts that an individual contributes to the individual's buckeye account and are contributed to the account on the individual's beha...

Section 5166.401 | Enrolllment for healthy Ohio program participants.

...A healthy Ohio program participant shall enroll in a comprehensive health plan offered by a managed care organization under contract with the department of medicaid. All of the following apply to the health plan: (A) It shall cover physician, hospital inpatient, hospital outpatient, pregnancy-related, mental health, pharmaceutical, laboratory, and other health care services the medicaid director determines necessary...

Section 3309.312 | University of Akron law enforcement officers electing transfer to public employees retirement system.

...t officer may elect to transfer to the public employees retirement system in accordance with this section. An election shall be made by giving notice to the school employees retirement system on a form provided by the school employees retirement board and shall be irrevocable. (B) When a member makes the election described in this section, the school employees retirement system shall notify the public employ...

Section 3309.32 | Prior service credit.

...Any employee who becomes a member and establishes one year of contributing service credit shall be granted prior service credit unless the employee is otherwise required to establish additional contributing service credit under the provisions of this chapter. Provided, however, that any employee who became a contributing member prior to September 1, 1938, shall be granted prior service credit as of the date of esta...

Section 3309.33 | Retirement incentive plan.

...t any payment required by section 3309.49 of the Revised Code.

Section 3309.34 | Eligibility for service retirement.

...ing the later of: (1) The last day of employment for which compensation was paid; (2) The attainment of minimum age and service credit eligibility for service or commuted service retirement. (C) In each five-year period, the board shall direct its actuary to evaluate the retirement eligibility requirements of this section. (D) The board, in consultation with its actuary, shall adopt rules to implement this ...

Section 3309.341 | Employment of retirant.

...hall notify the retirement board of the employment not later than the end of the month in which the employment commences. On receipt of notice from an employer that a person who is an other system retirant has been employed, the school employees retirement system shall notify the state retirement system of which the other system retirant was a member of such employment. (C) An SERS retirant or other system reti...

Section 3309.343 | Continuing contributions to state system after retirement.

... 3309.344 of the Revised Code based on employment subject to this section is not a member of the school employees retirement system and does not have any rights, privileges, or obligations of membership. The retired member is an SERS retirant for purposes of section 3309.341 of the Revised Code. (E) The school employees retirement board may adopt rules to carry out this section.

Section 3309.344 | Retirant may apply for monthly annuity or lump sum payment.

...mulated contributions for the period of employment, other than the contributions excluded pursuant to division (C) of section 3309.341 of the Revised Code, and an amount of the employer's contributions determined by the board, plus interest credited to the date of retirement at a rate determined by the board. The SERS retirant or other system retirant shall elect either to receive the benefit as a monthly annuity fo...

Section 3309.345 | Reemployed superannuate or rehire in position filled by vote of members of board or commission.

...a reemployed retirant is to begin, give public notice that the person is or will be retired and is seeking employment with the employer; (2) Between fifteen and thirty days before the employment as a reemployed retirant is to begin, hold a public meeting on the issue of the person being employed by the employer. The notice regarding division (B)(1) of this section shall include the time, date, and location at whi...

Section 3309.35 | Coordinating and integrating membership in state retirement systems.

...he month next following the last day of employment for which compensation was paid. If the application is filed after that date, the board may retire the member on the first day of the month next following the last day of employment for which compensation was paid. (2) The board of the paying system shall do both of the following: (a) Determine a member's eligibility for a retirement or disability benefit; (b) Cal...

Section 3309.353 | Increase in benefits established prior to 2/1/1983.

...ives pursuant to section 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. The annual amount of each benefit for which eligibility was established prior to February 1, 1983, shall, after the adjustment required by section 3309.374 of the Revised Code, be increased by five per cent.

Section 3309.354 | Increase in benefits where eligibility established prior to 9-9-88.

...uant to section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. Effective the first day of the month following September 9, 1988, the annual amount of benefits shall be increased as follows: (A) The annual amount of each benefit for which eligibility was established prior to February 1, 1983, shall, after all adjustments required by this chapter, be increased by t...

Section 3309.36 | Allowances for service retirement.

...nts or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 415, as amended: (1) An annuity having a reserve equal to the amount of the employee's accumulated contributions at that time; (2) A pension of equivalent amount; (3) For members who have ten or more years of service credit accumulated prior to October 1, 1956, a basic annual pension equal to one hundre...

Section 3309.361 | Annual lifetime benefit.

...On and after the effective date of this section, the allowances of retirants receiving benefits based on an award from the school employees retirement system made on or after June 30, 1955, and before 1971, shall have the benefit recalculated by the school employees retirement system so that each such person shall receive an annual single lifetime benefit or its actuarial equivalent of not less than eighty-six dollar...

Section 3309.362 | Increase in annual amount of benefit effective 7-1-81.

...s under section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code. Effective July 1, 1981: (A) The annual amount of each benefit for which eligibility was established prior to January 1, 1977, shall, after the adjustment required by section 3309.374 of the Revised Code, be increased by six per cent or six hundred dollars, whichever is less. (B) The annual amount of...

Section 3309.363 | Contribution based benefit cap.

...tirement or election under section 3309.46 of the Revised Code of a plan of payment; (b) An allowance calculated under division (A) of section 3309.45 of the Revised Code; (c) An allowance calculated under division (B)(1)(a) of section 3309.381 of the Revised Code. (2) "CBBC" means the contribution based benefit cap, which is a limit established by the school employees retirement board on the retirement allo...

Section 3309.374 | Cost of living increase.

... and clerical workers: "all items 1982-84=100") for the twelve-month period ending on the thirtieth day of June of the immediately preceding calendar year. No increase shall be made for a period in which the consumer price index did not increase. (C) The first increase is payable to all persons becoming eligible after June 30, 1971, upon such persons receiving an allowance, pension, or benefit for twelve months, exc...

Section 3309.375 | Benefits equivalent to medicare.

...rity Amendments of 1965," 79 Stat. 291, 42 U.S.C.A. 1395c, as amended. This coverage shall also be made available to the spouse, widow, or widower of such retirant or disability benefit recipient provided such spouse, widow, or widower has attained age sixty-five and is not eligible to receive hospital insurance benefits under the federal old age, survivors, and disability insurance program. The widow or widower of a...

Section 3309.376 | Additional monthly payment as of 12-31-71.

...8, pursuant to section 3309.36 or 3309.40 or former section 3309.38 of the Revised Code, or in the event of the death of such persons, the person designated by the deceased to receive payments under section 3309.46 of the Revised Code, shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement or disability and December 31, 1971, or an additional f...

Section 3309.377 | Additional monthly payment where member died prior to 7-1-68.

...n receiving benefits under section 3309.45 of the Revised Code who became eligible to receive such benefits under section 3309.44 of the Revised Code by virtue of the death of a member prior to July 1, 1968, shall receive an additional monthly payment of two dollars for each year between the date of such member's death and December 31, 1972, or an additional fifty dollars, whichever is less.

Section 3309.378 | Additional monthly payment as of 12-19-73.

...ections 3309.35, 3309.36, 3309.38, 3309.40, 3309.45, or 3309.46 of the Revised Code, shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement, disability or death and July 1, 1973.

Section 3309.379 | Recalculating benefits.

...uant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code, that was based upon an award made effective before June 30, 1955, shall have the allowance, pension, or benefit payable as of September 30, 1974, recalculated by the school employees retirement board so that each such person shall receive an annual single lifetime allowance,...

Section 3309.3710 | Increase in monthly allowance, pension or benefit effective 7-1-81.

...ant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code that was based upon an award made effective before July 1, 1974, shall have the person's monthly allowance, pension, or benefit increased by five per cent, except that the twelve-month sum of such increases shall not exceed five per cent of the first five thousand dolla...

Section 3309.3711 | Increasing pension, benefit, or allowance when limits of 26 USC 415 are raised.

...ever the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, are raised, the school employees retirement board shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 3309.36, 3309.374, 3309.381, 3309.40, or 3309.401 or former section 3309.38 of the Revised Code wa...

Section 3309.3712 | Establishing and maintaining qualified governmental excess benefit arrangement.

...requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the school employees retirement system and be maintained solely for the purpose of providing to retired members that part of a benefit otherwise payable under this chapter that exceeds the...

Section 3309.381 | Disability allowance recipient applying for service retirement.

...disability allowance under section 3309.401 of the Revised Code who is subject to division (C)(3) of that section may make application for retirement under this section. Retirement shall be effective on the first day of the first month following the last day for which the disability allowance is paid. (B) The annual allowance payable under this section shall consist of the sum of the amounts determined under divisio...