Ohio Revised Code Search
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Section 5119.71 | Duties of compact administrators.
...e Revised Code, the director of behavioral health and the director of developmental disabilities each shall designate an officer who shall be the compact administrator for the department and who, acting jointly with like officers of other party states, shall adopt rules to carry out more effectively the terms of the compact. The compact administrators of each department shall serve subject to the pleasure of the gove... |
Section 5119.72 | Supplementary agreements.
...ntary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact set forth in section 5119.70 of the Revised Code. In the event that such supplementary agreements require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by ... |
Section 5119.73 | Financial obligations.
...ents necessary to discharge any financial obligations imposed upon the state of Ohio by the compact or by any supplementary agreement entered into thereunder, as provided in sections 5119.70 to 5119.72 of the Revised Code, shall be made from appropriated funds upon presentation to the director of budget and management of itemized vouchers approved by the compact administrator. |
Section 5119.81 | 9-8-8 hotline definitions.
...of the 9-8-8 suicide prevention and mental health crisis hotline system, as established in section 5119.82 of the Revised Code. (B) "9-8-8 suicide prevention and mental health crisis hotline" or "9-8-8 hotline" means the 9-8-8 universal telephone number in the United States, as established under 47 U.S.C. 251(e), for the purpose of the national suicide prevention and mental health crisis hotline system. |
Section 5119.82 | 9-8-8 hotline administration.
...trator within the department of behavioral health to oversee the administration of the 9-8-8 suicide prevention and mental health crisis hotline system statewide. |
Section 5119.83 | 9-8-8 annual report.
... effective date of this section and annually thereafter, the 9-8-8 administrator shall compile an annual report regarding the operation of the 9-8-8 national suicide prevention and mental health crisis hotline in this state. (B) Each annual report shall, at a minimum, specify all of the following: (1) The total number of 9-8-8 call centers in this state to which calls, texts, and chats are routed when individual... |
Section 5119.84 | 9-8-8 fund.
...ate treasury the 9-8-8 fund. The fund shall consist of all money from the following sources: (1) Appropriations made by the general assembly; (2) Money awarded to the state by donation, gift, or bequest, and other money received for purposes of this section; (3) Interest or other earnings on the fund. (B) Money in the fund shall be used to oversee and administer the 9-8-8 suicide prevention and mental health ... |
Section 5119.85 | 9-8-8 hotline liability exemption.
...net protocol service, and any other installer, maintainer, or provider, through the sale or otherwise, of customer premises equipment, or service used for or with the 9-8-8 hotline, and their respective officers, directors, employees, agents, suppliers, corporate parents, and affiliates are not liable in damages in a civil action for injuries, death or loss to persons or property incurred by any person resulting from... |
Section 5119.89 | Consumer and payer education on mental health and addiction services insurance parity; hotline.
...The director of behavioral health shall consult with the superintendent of insurance as required by section 3901.90 of the Revised Code to develop consumer and payer education on behavioral health insurance parity and establish and promote a consumer hotline to collect information and help consumers understand and access their insurance benefits. The department of behavioral health and the department of insurance s... |
Section 5119.90 | Definitions for sections 5119.90 to 5119.98.
...to 5119.98 of the Revised Code: (A) "Alcohol and other drug abuse" means alcohol use disorder or drug addiction. (B) "Another drug" means a controlled substance as defined in section 3719.01 of the Revised Code or a harmful intoxicant as defined in section 2925.01 of the Revised Code. (C) "Board of alcohol, drug addiction, and mental health services" means a board of alcohol, drug addiction, and mental healt... |
Section 5119.91 | Involuntary treatment for alcohol and other drug abuse.
...ary treatment for a person experiencing alcohol and other drug abuse pursuant to the procedures set forth in sections 5119.90 to 5119.98 of the Revised Code. |
Section 5119.92 | Criteria for involuntary treatment.
...No person shall be ordered to undergo treatment under sections 5119.90 to 5119.98 of the Revised Code unless all of the following apply to that person: (A) The person experiences alcohol and other drug abuse. (B) The person presents an imminent danger or imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse, or there exists a substantial likelihood of such a threat in t... |
Section 5119.93 | Initiation of proceedings; petition.
...roceedings for treatment for an individual experiencing alcohol and other drug abuse by filing a verified petition in the probate court. The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent)." A spouse, relative, or guardian of the individual concerning whom the petition is filed shall file the petition. A petition filed under this division shall be kept confident... |
Section 5119.94 | Examination of petitioner; hearing; notification of respondent; disposition.
...f the Revised Code, the probate court shall examine the petitioner under oath as to the contents of the petition. (B) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the probate court that there is probable cause to believe the respondent may reasonably benefit from treatment, the court shall do all of the following: (1) Schedule a hearing to be... |
Section 5119.95 | Seventy-two-hour emergency involuntary treatment.
...(A) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in section 5119.92 of the Revised Code, a probate court may order the person hospitalized for a period not to exceed seventy-two hours if the court finds by clear and convincing evidence that the person presents an imminent threat of danger to self, family, or oth... |
Section 5119.96 | Issuance of summons; failure to attend examination; transportation to hospital.
...he respondent be transported to a hospital, the court may issue a summons. If the respondent fails to attend an examination scheduled before the hearing under section 5119.94 of the Revised Code, the court shall issue a summons. A summons so issued shall be directed to the respondent and shall command the respondent to appear at a time and place specified in the summons. If a respondent who has been summoned fa... |
Section 5119.97 | Lists of qualified hospitals and treatment providers.
...Each board of alcohol, drug addiction, and mental health services on at least an annual basis shall submit each of the following lists to the clerk of the probate court in each county served by the board: (A) A list of all hospitals in the counties served by the board that are able and willing to take respondents ordered to undergo seventy-two hours of treatment and observation pursuant to section 5119.95 of ... |
Section 5119.98 | Applicability of R.C. 5119.26, 5119.27 and 5119.61.
...Sections 5119.26, 5119.27, and 5119.61 of the Revised Code apply to a person who is ordered to undergo treatment under sections 5119.90 to 5119.98 of the Revised Code. |
Section 5119.99 | Penalties.
...(A) Whoever violates section 5119.333, division (A) of section 5119.392, or division (A) of section 5119.395 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates section 5119.27 or 5119.28, division (O) of section 5119.36, or division (A)(1) or (2) of section 5119.37 of the Revised Code is guilty of a felony of the fifth degree. |
Section 5121.01 | Cost for support of patients in hospitals and residents.
...diction of the department of developmental disabilities, and of residents in private facilities or homes whose care or treatment is being paid for by the department, shall be based on the average per capita cost of the care and treatment of the residents. The cost of services for residents shall be computed using the projected average daily per capita cost at the institution, or at the discretion of the depart... |
Section 5121.02 | Traveling and incidental expenses.
...All individuals admitted to a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code shall be maintained at the expense of the state. Their traveling and incidental expenses in conveying them to the state institution shall be paid by the county of commitment. Upon admission, the individuals shall be neatly and comfortably clothed. Thereafter, the... |
Section 5121.03 | Judicial commitment.
...diction of the department of developmental disabilities pursuant to judicial proceedings, the judge ordering such commitment shall: (A) Make a reliable report on the financial condition of such person and of each of the relatives of the person who are liable for the person's support, as provided in section 5121.06 of the Revised Code and rules and procedures adopted by the director of developmental ... |
Section 5121.04 | Investigating financial condition of residents and relatives.
...45 40 35 30 25 20 -- 25,001 to 26,000 55 50 45 40 35 30 25 20 26,001 to 27,000 60 55 50 45 40 35 30 25 27,001 to 28,000 70 60 55 50 45 40 35 30 28,001 to 30,000 80 70 60 55 50 45 40 35 30,001 to 40,000 90 80 70 60 55 50 45 40 40,001 and over 100 90 80 70 60 55 50 45 Footnote a. The resident or relative shall furnish a copy of the r... |
Section 5121.05 | Investigation powers.
...The department of developmental disabilities may subpoena witnesses, take testimony under oath, and examine any public records relating to the income and other assets of a resident or liable relative. All information, conclusions, and recommendations shall be submitted to the department by the investigating agent of the department. The department shall determine the amount of support to be paid, by whom, and w... |
Section 5121.051 | Cancelling liability for support.
...All outstanding liability of relatives for the support of any patient or resident in a benevolent institution under the control of the department of mental health and addiction services or the department of developmental disabilities accrued prior to January 1, 1956, including the liability of the patient personally, is hereby canceled, provided that this section does not abrogate any written agreements or secu... |
Section 5168.13 | Confidentiality.
...Except as specifically required by sections 5168.01 to 5168.14 of the Revised Code, information filed under those sections shall not include any patient-identifying material. Information that includes patient-identifying material is not a public record under section 149.43 of the Revised Code, and no patient-identifying material shall be released publicly by the department of medicaid or by any person under contract ... |
Section 5168.14 | Providing basic, medically necessary hospital-level services to individuals who are residents.
...(A) Each hospital that receives funds distributed under sections 5168.01 to 5168.14 of the Revised Code shall provide, without charge to the individual, basic, medically necessary hospital-level services to individuals who are residents of this state, are not medicaid recipients, and whose income is at or below the federal poverty line. The medicaid director shall adopt rules under section 5168.02 of the Revised Code... |
Section 5168.20 | Definitions for R.C. 5168.20 to 5168.28.
...26 of the Revised Code that is used in calculating a hospital's assessment under section 5168.21 of the Revised Code. (B) "Assessment program year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year. (C) "Cost reporting period" means the period of time used by a hospital in reporting costs for purposes of the medica... |
Section 5168.21 | Additional annual assessment.
...here is hereby imposed an assessment on all hospitals each assessment program year. The amount of a hospital's assessment for an assessment program year shall equal the applicable assessment percentage of the hospital's total facility costs for the period of time specified in division (B) of this section. The amount of a hospital's total facility costs shall be derived from cost-reporting data for the hospital submit... |
Section 5168.22 | Preliminary determination of assessment amount.
...gram year, the department of medicaid shall issue to each hospital the preliminary determination of the amount that the hospital is assessed under section 5168.21 of the Revised Code for the assessment program year. Except as provided in division (B) of this section, the preliminary determination becomes the final determination for the assessment program year fifteen days after the preliminary determination is issued... |
Section 5168.23 | Assessment payment schedule.
...Each hospital shall pay the amount it is assessed under section 5168.21 of the Revised Code in accordance with a payment schedule the department of medicaid shall establish for each assessment program year. The department shall consult with the Ohio hospital association before establishing the payment schedule for any assessment program year. The department shall include the payment schedule in each preliminary deter... |
Section 5168.24 | Audit.
...epartment of medicaid may audit a hospital to ensure that the hospital properly pays the amount it is assessed under section 5168.21 of the Revised Code. The department shall take action to recover from a hospital any amount the audit reveals that the hospital should have paid but did not pay. |
Section 5168.25 | Hospital assessment fund.
...created in the state treasury the hospital assessment fund. All installment payments made by hospitals under section 5168.23 of the Revised Code and all recoveries the department of medicaid makes under section 5168.24 of the Revised Code shall be deposited into the fund. All investment earnings of the fund shall be credited to the fund. The department shall use money in the fund to pay for the costs of the medicaid ... |
Section 5168.26 | Excluded costs.
...(A) The medicaid director shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 5168.20 to 5168.28 of the Revised Code, including rules that specify the percentage of hospitals' total facility costs to be used in calculating hospitals' assessments under section 5168.21 of the Revised Code. (B) The rules adopted under this section may do the following: (1) Provi... |
Section 5168.27 | Implementation shall not cause reduction in federal participation for medicaid program.
...The medicaid director shall implement the assessment imposed by section 5168.21 of the Revised Code in a manner that does not cause a reduction in federal financial participation for the medicaid program under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w). |
Section 5168.28 | Determination of assessment as impermissible health care-related tax.
...If the United States secretary of health and human services determines that the assessment imposed by section 5168.21 of the Revised Code is an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director shall take all necessary actions to cease implementation of sections 5168.20 to 5168.27 of the Revised Code and shall promptly refund to each hosp... |
Section 5168.40 | Franchise permit fee definitions.
...In the case of a nursing home, the removal of a bed from a nursing home's licensed capacity in a manner that reduces the total licensed capacity of all nursing homes and makes it impossible for the bed to ever be a part of any nursing home's licensed capacity; (2) In the case of a hospital, the removal of a hospital bed from registration under section 3701.07 of the Revised Code as a skilled nursing facility bed o... |
Section 5168.41 | Determination of nursing home and hospital long-term care franchise permit fee rate.
...(A) The franchise permit fee rate shall be determined for each fiscal year as follows: (1) Determine the estimated total net patient revenues for all nursing homes and hospital long-term care units for the fiscal year; (2) Multiply the estimated total net patient revenues determined under division (A)(1) of this section by the lesser of the following: (a) The indirect guarantee percentage; (b) Six per cent.... |
Section 5168.42 | Annual franchise permit fee.
...The department of medicaid shall do all of the following: (A) Subject to sections 5168.44, 5168.45, and 5168.48 of the Revised Code and divisions (C) and (D) of this section and for the purposes specified in section 5168.54 of the Revised Code, determine an annual franchise permit fee on each nursing home in an amount equal to the franchise permit fee rate multiplied by the product of the following: (1) The ... |
Section 5168.43 | Waiver of franchise permit fee.
...17, 2009, the department of medicaid shall apply to the United States secretary of health and human services for a waiver under the "Social Security Act," section 1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code: (1) Reduce the franchise permit fee rate to zero dollars for each nursing home ... |
Section 5168.44 | Approval of waiver; Reduction in franchise permit fee rate.
...If the United States secretary of health and human services approves the waiver sought under section 5168.43 of the Revised Code, the department of medicaid shall, for each nursing home and hospital that qualifies for a reduction of its franchise permit fee rate under the waiver, reduce the franchise permit fee rate in accordance with the terms of the waiver. For purposes of the first fiscal year during which the wai... |
Section 5168.45 | Increase in franchise permit fee rate.
...(A) If the United States secretary of health and human services approves the waiver sought under section 5168.43 of the Revised Code, the department of medicaid may do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code: (1) Determine how much money the franchise permit fee would have raised in a fiscal year if not for the waiver; (2) For each nursing home and... |
Section 5168.46 | Annual reports.
...The department of health shall do all of the following: (A) For the purpose of the determinations made under divisions (A) and (B) of section 5168.42 of the Revised Code and not later than the first day of each June, report to the department of medicaid the following: (1) For each nursing home, the number of beds in the nursing home licensed on the preceding first day of May under section 3721.02 or 3721.09 ... |
Section 5168.47 | Determination, notice, and payment of annual fee.
...each year, the department of medicaid shall determine the annual franchise permit fee for each nursing home and hospital in accordance with section 5168.42 of the Revised Code and any adjustments made in accordance with sections 5168.44 and 5168.45 of the Revised Code. (B) Not later than the first day of October of each year, the department shall notify, electronically or by United States postal service, each nursin... |
Section 5168.48 | Redetermination of franchise permit fees.
...each year, the department of medicaid shall redetermine each nursing home's and hospital's franchise permit fee if one or more bed surrenders occur during the period beginning on the first day of May of the preceding calendar year and ending on the first day of January of the calendar year in which the redetermination is made. (B) In redetermining nursing homes' and hospitals' franchise permit fees under this sectio... |
Section 5168.49 | Change of operator; division of franchise permit fees.
...If a nursing home or hospital undergoes a change of operator during a fiscal year, the responsibility for paying the franchise permit fee that was determined for the nursing home or hospital under section 5168.47 of the Revised Code, or redetermined for the nursing home or hospital under section 5168.48 of the Revised Code, for that fiscal year shall be divided proportionally. The exiting operator shall be responsibl... |
Section 5168.50 | Direct billing for franchise permit fee prohibited.
...No nursing home or hospital shall directly bill its residents for the franchise permit fee paid under section 5168.47 or 5168.48 of the Revised Code or otherwise directly pass the fee through to its residents. |
Section 5168.51 | Assessment for past due fee installment.
...If a nursing home or hospital fails to pay the full amount of a franchise permit fee installment when due, the department of medicaid may assess a five per cent penalty on the amount due for each month or fraction thereof the installment is overdue. |
Section 5168.52 | Additional sanctions for past due fee installment.
...(A) In addition to assessing a penalty pursuant to section 5168.51 of the Revised Code, the department of medicaid may do any of the following if a nursing facility or hospital fails to pay the full amount of a franchise permit fee installment when due: (1) Withhold an amount less than or equal to the installment and penalty assessed under section 5168.51 of the Revised Code from a medicaid payment due the nu... |
Section 5168.53 | Appeals.
...(A) A nursing home or hospital may appeal the fee assessed under section 5168.42 of the Revised Code, as adjusted under section 5168.44 or 5168.45 of the Revised Code, and redetermined under section 5168.48 of the Revised Code solely on the grounds that the department of medicaid committed a material error in determining or redetermining the amount of the fee. A request for an appeal must be received by the departmen... |