Ohio Revised Code Search
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Section 5123.014 | Reference to department or director and other terms.
... to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to refer to the department or director of developmental disabilities, as the case may be. Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to have the same meaning e... |
Section 5123.02 | Duties of department.
...The department of developmental disabilities shall do the following: (A) Promote comprehensive statewide programs and services for persons with developmental disabilities and their families wherever they reside in the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and mainta... |
Section 5123.021 | Determining need for nursing facility care.
...f the individual's physical and mental condition, a mentally retarded individual seeking admission to a nursing facility requires the level of services provided by a nursing facility and, if the individual requires that level of services, whether the individual requires specialized services for mental retardation. (2) A determination under this division is not required for any of the following: (a) An individ... |
Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.
...in the community where individuals with developmental disabilities interact with individuals who do not have disabilities to the same extent that individuals in comparable positions who are not disabled interact with other individuals, including in employment settings in which employees interact with the community through technology. (B) It is hereby declared to be the policy of this state that employment services... |
Section 5123.023 | Employment first task force.
...stablish an employment first task force consisting of the departments of developmental disabilities, education and workforce, medicaid, job and family services, and mental health and addiction services; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities... |
Section 5123.025 | Technology first policy.
...It is hereby declared to be the policy of this state that individuals with developmental disabilities shall have access to innovative technology solutions. Technology can ensure that people with developmental disabilities have increased opportunities to live, work, and thrive in their homes, communities, and places of employment through state of the art planning, innovative technology, and supports that focus on thei... |
Section 5123.026 | Technology first task force.
...establish a technology first task force consisting of representatives from the office of innovateohio; the departments of developmental disabilities, education and workforce, medicaid, aging, job and family services, mental health and addiction services, children and youth, and transportation; and the opportunities for Ohioans with disabilities agency. (B) The task force shall do all of the following: (1) Expan... |
Section 5123.03 | Management of institutions and facilities.
...tionalization by court order. (4) Have control of all institutions maintained in part by the state for the care, treatment, and training of persons with i ntellectual disabilities; (5) Administer the laws relative to persons in such institutions in an efficient, economical, and humane manner; (6) Ascertain by actual examinations and inquiry whether institutionalizations are made according to law. (B) The depart... |
Section 5123.031 | Nonpartisan management.
...f this chapter. In case of an apparent conflict between the powers conferred upon any managing officer and those conferred by this chapter upon the department, the presumption shall be conclusive in favor of the department. The director shall adopt rules for the nonpartisan management of the institutions under the jurisdiction of the department. An officer or employee of the department or any officer or e... |
Section 5123.032 | Closure of a developmental center.
...fication to the general assembly shall constitute, for purposes of this section, the governor's official, public announcement that the governor intends to close that center. The notice required by this division shall identify by name each developmental center that the governor intends to close or, if the governor has not determined any specific developmental center to close, shall state the governor's general ... |
Section 5123.033 | Department program fee fund.
...3.19 of the Revised Code and to provide continuing education and professional training to providers of services to individuals with developmental disabilities. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing the continuing education and professional training, the department may use other available funds appropriated to the department to pay... |
Section 5123.034 | Developmental centers services and cost recovery.
...(A) As used in this section, "developmental center" has the same meaning as in section 5123.032 of the Revised Code. (B) A developmental center of the department of developmental disabilities may provide services to both of the following: (1) Individuals with developmental disabilities who reside in the community in which the developmental center is located; (2) Providers who provide services to individuals wit... |
Section 5123.04 | Director of department - powers and duties.
... developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of the department. Except as otherwise is provided as to appointments by chiefs of division... |
Section 5123.042 | Plans for development or modification of residential services; rules.
...Except as provided in section 5123.197 of the Revised Code, each person or government entity seeking to develop new or modify existing residential services shall submit to the department of developmental disabilities a plan for the development or modification. The department shall approve a plan that is submitted in accordance with rules adopted under this section and meets the uniform standards for plans estab... |
Section 5123.043 | Complaint resolution.
...sabilities or any of the entities under contract with the department, may file a complaint with the department. Prior to commencing a civil action regarding the complaint, a person or county board shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under this section. After exhausting the administrative resolution process, the person or cou... |
Section 5123.044 | Determination of violation of rights; assistance to individuals.
...The department of developmental disabilities shall determine whether county boards of developmental disabilities violate the rights that individuals with developmental disabilities have under section 5126.046 of the Revised Code to obtain home and community-based services, ICF/IID services, nonmedicaid residential services, or nonmedicaid supported living from qualified and willing providers. The department shall pro... |
Section 5123.045 | Certification and licensing of providers.
...one of the following: (A) Certified under section 5123.161 of the Revised Code; (B) Licensed as a residential facility under section 5123.19 of the Revised Code. |
Section 5123.047 | Department payment of nonfederal share of certain expenditures.
...The department of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services and home and community-based services for which no county board of developmental disabilities is required by section 5126.059 or 5126.0510 of the Revised Code to pay. |
Section 5123.048 | Payment of nonfederal share of county medicaid expenditures.
...The director of developmental disabilities may enter into an agreement with a county board of developmental disabilities under which the department of developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay.... |
Section 5123.049 | Rules governing the authorization and payment of home and community-based services, medicaid case management services, and habilitation center services.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the authorization and payment of home and community-based services and medicaid case management services. The rules shall provide for private providers of the services to receive one hundred per cent of the medicaid allowable payment amount and for government providers of the services to re... |
Section 5123.0410 | Individual receiving services moving to new county.
...An individual with a developmental disability who moves from one county in this state to another county in this state shall receive home and community-based services in the new county that are comparable in scope to the home and community-based services the individual receives in the prior county at the time the individual moves. If the county board serving the county to which the individual moves determines under se... |
Section 5123.0411 | Mandamus.
...The department of developmental disabilities may bring a mandamus action against a county board of developmental disabilities that fails to pay the nonfederal share of medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The department may bring the mandamus action in the court of common pleas of the county served by the county board or in the ... |
Section 5123.0412 | ODDD administration and oversight fund.
...(A) The department of developmental disabilities may charge each county board of developmental disabilities an annual fee not to exceed one and one-quarter per cent of the total value of all medicaid paid claims for home and community-based services provided during the year to an individual eligible for services from the county board. A county board shall not pass on to a provider of home and community-based services... |
Section 5123.0413 | Rules to applicable in event county tax levy for services for individuals with developmental disabilities fails.
...tment of developmental disabilities, in consultation with the department of medicaid, office of budget and management, and county boards of developmental disabilities, shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following in the event a county property tax levy for services for individuals with developmental disabilities fails: (A) A method of paying for home and co... |
Section 5123.0414 | Methods of notice by department.
...or failure of delivery. If the notice concerns taking action under section 5123.51 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall cause the notice to be published in a newspaper of general circulation in the county of the party's last known residence or business and shal... |