Ohio Revised Code Search

...If a member of a county board of developmental disabilities requests a hearing within the time required by section 5126.0216 of the Revised Code, the appointing authority may not remove the member from the board before the conclusion of the hearing.

...A member of a county board of developmental disabilities who is removed from the county board is ineligible for reappointment to the board for not less than one year. The appointing authority shall specify the time during which the member is ineligible for reappointment. If the member is removed under division (A)(5) of section 5126.0213 of the Revised Code, the county board shall specify the training the membe...

...(A) Each county board of developmental disabilities shall either employ a superintendent or obtain the services of the superintendent of another county board of developmental disabilities. The board shall provide for a superintendent who is qualified, as specified in rules adopted by the department of developmental disabilities in accordance with Chapter 119. of the Revised Code. The superintendent shall have n...

...al duties; (5) Provide consultation to public agencies as defined in division (C) of section 102.01 of the Revised Code, including other county boards of developmental disabilities, and to individuals, agencies, or organizations providing services supported by the board. (B) The superintendent may authorize the payment of board obligations by the county auditor.

...(A) As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code. (B) Except as provided in division (C) of section 5126.033 of the Revised Code, none of the following individuals may be employed by a county board of developmental disabilities: (1) An employee of an agency contracting with the county board; (2) An immediate family member of an employee of an agenc...

...As used in this section, "specialized services" has the same meaning as in section 5123.081 of the Revised Code. Notwithstanding any provision of the Revised Code to the contrary, including applicable provisions of sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a county board of developmental disabilities also may be a member of the governing board of a political subdivision...

...As used in this section and in sections 5126.031 to 5126.034 of the Revised Code: (A) "Direct services contract" means any legally enforceable agreement with an individual, agency, or other entity that, pursuant to its terms or operation, may result in a payment from a county board of developmental disabilities to an eligible person or to a member of the immediate family of an eligi...

...(A) The ethics council appointed for a county board of developmental disabilities shall review all direct services contracts, and approve or disapprove each contract in accordance with the standards in section 5126.033 of the Revised Code. The council shall develop, in consultation with the prosecuting attorney, and recommend to the board ethical standards, contract audit procedures, an...

...(A) A county board of developmental disabilities shall not enter into a direct services contract unless the contract is limited either to the actual amount of the expenses or to a reasonable and allowable amount projected by the board. (B) A county board shall not enter into a direct services contract that would result in payment to a board member, former board member, employee, former e...

...(A) If the requirements of section 5126.033 of the Revised Code have been met for a particular direct services contract, a member or former member of a county board of developmental disabilities, an employee or former employee of a county board, or an immediate family member of a member, former member, employee, or former employee of a county board is not in violation of the restrictions in...

...rpose of collective bargaining; (3) Public relation services; (4) Consulting services; (5) Personnel training services, not including tuition or professional growth reimbursement programs for county board members or employees. (B) Each county board of developmental disabilities shall submit to the board of county commissioners of each county that is served by the county board, in accordance with ...

...(A) Each county board of developmental disabilities shall plan and set priorities based on available resources for the provision of facilities, programs, and other services to meet the needs of county residents who are individuals with developmental disabilities, former residents of the county residing in state institutions or, before September 29, 2011, placed under purchase of service agreements under section 5123....

...(A) As used in this section: (1) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code. (2) "State institution" means all or part of an institution under the control of the department of developmental disabilities pursuant to section 5123.03 of the Revised Code and maintained for the care, treatment, and training of individuals with i ntellectual disabilities. (B) Exce...

...les and regulations; (2) Any specific requirements that may be contained within a medicaid state plan amendment or department of disabilities-administered medicaid waiver component with respect to which a county board has authority to provide services, programs, or supports.

...(A) Unless a guardian has been appointed for the individual, when a decision regarding receipt of a service or participation in a program provided for or funded under this chapter or Chapter 5123. or 5124. of the Revised Code by an individual with a developmental disability must be made, the individual shall be permitted to make the decision. The individual may obtain support and guidance from an adult family member ...

...(A) As used in this section: (1) "Eligible person" has the same meaning as in section 5126.03 of the Revised Code. (2) "Treatment" means the provision, coordination, or management of services provided to an eligible person. (3) "Payment" means activities undertaken by a service provider or governmental entity to obtain or provide reimbursement for services to an eligible person. (B) Except as provided in ...

...(A) As used in this section, "eligible person" means a person eligible to receive services from a county board of developmental disabilities or from an entity under contract with a county board. (B) A county board shall establish fees for services rendered to eligible persons if such fees are required by federal regulation and by rule adopted by the director of developmental disabiliti...

...(A) Except as otherwise provided by 42 C.F.R. 431.51, an individual with a developmental disability who is eligible for home and community-based services has the right to obtain the services from any provider of the services that is qualified to furnish the services and is willing to furnish the services to the individual. A county board of developmental disabilities that has medicaid local administrative authority u...

...(A) When an individual with a developmental disability or a person acting on such an individual's behalf contacts a county board of developmental disabilities about residential services, the county board shall inform the individual or person about the different types of programs and services offered as residential services, including both ICF/IID services and home and community-based services. When informing the indi...

... Revised Code providing for competitive bidding or sheriff sales in the acquisition, lease, conveyance, or sale of property under this division, but the acquisition, lease, conveyance, or sale must be at fair market value determined by appraisal of one or more disinterested persons appointed by the board. Any action taken by a county board under this division that will incur debt on the part of the county shall be t...

...(A) The superintendent of a county board of developmental disabilities providing transportation for pupils to special education programs under this chapter may establish a volunteer bus rider assistance program under which qualified persons may be authorized to ride with pupils to and from such programs. Volunteers shall not be compensated for their services and are not employees for pu...

...(A) Beginning April 1, 2020, and then annually thereafter on or before the first day of April each year, each county board of developmental disabilities shall submit to the department of developmental disabilities, in the format established pursuant to division (B) of this section, a five-year projection of revenues and expenditures. Each five-year projection shall be approved by the superintendent of the county boar...

...Annually, on or before the thirty-first day of December each year, each county board of developmental disabilities shall submit to the department of developmental disabilities both of the following: (A) An annual waiver allocation projection that contains the projected number of individuals to whom the board intends to provide home and community-based services based on available funding as projected in the board's ...

...nt entity shall comply in full with all requirements to which the county board is subject regarding the person or government entity's tasks and responsibilities under the contract. The county board remains ultimately responsible for the tasks and responsibilities. (E) A county board that has medicaid local administrative authority under this section shall, through the departments of developmental disabilities and m...

...(A) The department of developmental disabilities shall take action under division (B) of this section against a county board of developmental disabilities if either of the following are the case: (1) The county board fails to correct a deficiency within the time required by division (F) of section 5126.055 of the Revised Code to the satisfaction of the department. (2) The county board fails to submit an acceptabl...

...The department of behavioral health shall publish a directory of all residential facilities licensed under section 5119.34 of the Revised Code on the department's web site. For each facility, the directory shall include all of the following: (A) The name of the facility; (B) The facility's full address; (C) The facility's categorization as a class one, class two, or class three facility; (D) The services offe...

...(A) Except as provided in division (B) of this section, if a mental health service or alcohol and drug addiction service has been specified in rules adopted under this section as a service that is required to be certified, no person or government entity shall provide that service unless it has been certified under section 5119.36 of the Revised Code. (B) Division (A) of this section does not apply to either of the...

...s appropriate. (4) The accreditation requirements of divisions (B)(1) and (2) of this section do not apply to an applicant seeking an initial or renewed certification to provide prevention services, as that term is defined in rules adopted under this section. For such applicants, accreditation is optional. (C)(1) Except as provided in division (C)(2) of this section, if the director determines that an applicant...

...(A) In accordance with rules adopted under section 5119.363 of the Revised Code, each community addiction services provider shall do all of the following: (1) Maintain a waiting list for the provider's included opioid and co-occurring drug addiction services and recovery supports; (2) Notify an individual included on the provider's waiting list when the provider has a slot available for the individual and, if the...

...The director of behavioral health shall adopt rules governing the duties of community addiction services providers under section 5119.362 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The director shall adopt rules under this section that authorize the department of behavioral health to determine an advanced practice registered nurse's, physician assistant's, ...

...(A) The department of behavioral health shall do both of the following with the reports it receives from community addiction services providers under section 5119.362 of the Revised Code: (1) Subject to division (B) of this section, make the reports available on the department's internet web site; (2) Make the reports available in an electronic format to boards of alcohol, drug addiction, and mental health servi...

...The director of behavioral health shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Streamline the intake procedures used by a community addiction services provider accepting and beginning to serve a new individual, including procedures regarding intake forms and questionnaires; (B) Enable a community addiction services provider to retain an individual as an ac...

...The director of behavioral health shall require that each board of alcohol, drug addiction, and mental health services ensure that each community mental health services provider and community addiction services provider with which it contracts under section 340.036 of the Revised Code to provide certifiable services and supports establish grievance procedures consistent with rules adopted under section 5119.36 of the...

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certification, or other approval to provide certifiable services and supports or an equivalent to certifiable services and supports. (B)(1) When submitti...

...ction, a provider shall comply with all requirements under state and federal law regarding the protection of patient information. Each provider shall ensure that any username or password information and any electronic communications between the provider and a client are securely transmitted and stored. (J) The department of behavioral health may adopt rules as it considers necessary to implement this section. The r...

... (5) The provider meets any additional requirements established by the department in rules adopted under division (F) of this section. (D) The department may waive the requirement of division (C)(4) of this section if it receives, from each public or private school, child care center, or child-serving agency that is within the five hundred linear feet radius described in that division, a letter of support for the...

... of real estate having situated on it a public or private school, child care center licensed under Chapter 5104. of the Revised Code, or child-serving agency regulated by the department under this chapter. If the department determines that the location is in compliance with division (C)(4) of section 5119.37 of the Revised Code, the department shall issue a declaration stating that the location is in compliance. T...

...A drivers' intervention program may be used as an alternative to a term of imprisonment for an offender sentenced pursuant to division (G)(1)(a) of section 4511.19 of the Revised Code, if it is certified by the director of behavioral health pursuant to this section. No drivers' intervention program shall be used as an alternative to a term of imprisonment that is imposed pursuant to division (G)(1)(b), (c), (d), or (...

...5119.397 of the Revised Code, establish requirements for initial certification and renewal certification, as well as grounds and procedures for disciplinary action against operators of recovery housing residences.

...(A) The department of behavioral health shall monitor the establishment of recovery housing residences in this state. (B) For purposes of division (A) of this section, and within the timeframe specified in division (C) of this section, each person or government entity that will operate a recovery housing residence on or after October 3, 2023, including any recovery housing that was established and in operation pri...

...(A) Beginning January 1, 2025, no person or government entity shall operate a recovery housing residence unless either of the following applies: (1)(a) If the department of behavioral health certifies recovery housing residences, the recovery housing residence is certified by the department. (b) If the department accepts accreditation or its equivalent from an organization specified in section 5119.39 of the Re...

...mplaints from residents, staff, and the public regarding recovery housing residences. The department may contract with one or more of the organizations specified in section 5119.39 of the Revised Code to fulfill some or all of the functions associated with receiving and investigating complaints. (B) Any organization under contract with the department to receive and investigate complaints shall make reports to the ...

...hall make the registry available to the public on the department's web site.

...(A) Beginning January 1, 2025, no person or government entity shall advertise or represent any residence or other building to be a recovery housing residence, sober living home, or any other alcohol and drug free housing for persons recovering from alcohol use disorder or drug addiction unless the residence or building meets either of the following conditions: (1) The residence or building is on the registry estab...

...Beginning January 1, 2025, community addiction services providers and community mental health services providers shall not refer clients to a recovery housing residence unless the residence is on the registry established and maintained under section 5119.394 of the Revised Code on the date that the referral is made. Community addiction services providers and community mental health services providers shall maintain r...

...The director of behavioral health may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5119.39 to 5119.396 of the Revised Code.

...(A) As used in this section, "individual with a mental illness" and "specialized services" have the same meanings as in section 5165.03 of the Revised Code. (B)(1) Except as provided in division (B)(2) of this section and rules adopted under division (E)(3) of this section, for purposes of section 5165.03 of the Revised Code, the department of behavioral health shall determine in accordance with the "Social Securi...

...individual must satisfy all eligibility requirements established by rules adopted under this section. (C) The director of behavioral health and the medicaid director shall adopt rules as necessary to implement the residential state supplement program, including the requirements that an individual must satisfy to be eligible for payments under the program. The rules shall be adopted in accordance with Chapter 119. o...

...(A) As used in this section, "private, nonprofit organization" means a private association, organization, corporation, or other entity that is tax exempt under section 501(a) and described in section 501(c) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501. (B) To the extent funds are available and on application by boards of alcohol, drug addiction, and mental health services, the director of b...

...(A) This section applies to a board of alcohol, drug addiction, and mental health services, another governmental entity, or a private, nonprofit organization that received a grant or reimbursement under section 5119.42 of the Revised Code for a facility on which the department of behavioral health holds a security interest. (B) A board of alcohol, drug addiction, and mental health services, another governmental en...