Ohio Revised Code Search
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Section 5124.527 | Release of amount withheld on postponement of change of operator.
...The department of developmental disabilities, at its sole discretion, may release the amount withheld under division (A) of section 5124.521 of the Revised Code if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, or voluntary termination and the transactions leading to the change of operator, facility closure, or voluntary termination are... |
Section 5124.528 | Disposition of amounts withheld from payment due an exiting operator.
...(A) All amounts withheld under section 5124.521 of the Revised Code from payment due an exiting operator under the medicaid program shall be deposited into the medicaid payment withholding fund created by the controlling board pursuant to section 131.35 of the Revised Code. Money in the fund shall be used as follows: (1) To pay an exiting operator when a withholding is released to the exiting operator under s... |
Section 5124.53 | Adoption of rules for implementation of sections 5124.50 to 5124.53.
...The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code to implement sections 5124.50 to 5124.53 of the Revised Code. The rules shall specify all of the following: (A) The method by which written notices to the department required by sections 5124.50 to 5124.53 of the Revised Code are to be provided; (B) The forms and documents that are to be provided to the dep... |
Section 5124.60 | Conversion of beds to home and community-based services.
...-based services if all of the following requirements are met: (1) The operator provides the directors of health and developmental disabilities at least ninety days' notice of the operator's intent to make the conversion. (2) The operator complies with the requirements of sections 5124.50 to 5124.53 of the Revised Code regarding a voluntary termination if those requirements are applicable. (3) If the operator inten... |
Section 5124.61 | Conversion of beds in acquired ICF/IID.
...-based services if all of the following requirements are met: (1) The person provides the directors of health and developmental disabilities and medicaid director at least ninety days' notice of the person's intent to make the conversion. (2) The person complies with the requirements of sections 5124.50 to 5124.53 of the Revised Code regarding a voluntary termination if those requirements are applicable. (3) If th... |
Section 5124.62 | Request for federal approval of conversion of beds.
...The director of developmental disabilities may request that the medicaid director seek the approval of the United States secretary of health and human services to increase the number of slots available for home and community-based services by a number not exceeding the number of beds that were part of the licensed capacity of a residential facility that had its license revoked or surrendered under section 5123.... |
Section 5124.65 | Reconversion of beds to ICF/IID use.
...No person or government entity may reconvert a bed to be used for ICF/IID services if the bed was converted to use for home and community-based services under section 5124.60 or 5124.61 of the Revised Code. This prohibition applies regardless of either of the following: (A) The bed is part of the licensed capacity of a residential facility. (B) The bed has been sold, leased, or otherwise transferred to anoth... |
Section 5124.68 | Admission as resident in an ICF/IID with medicaid-certified capacity exceeding eight.
...n another health care setting. (3) The requirements of divisions (A)(1)(a) and (b) of this section are satisfied but the department fails to make the determination required by division (A)(1)(c) of this section before the deadline specified in that division. |
Section 5124.69 | Informational pamphlet.
...(A) The department of developmental disabilities shall develop and make available to all ICFs/IID a written pamphlet that describes all of the items and services covered by medicaid as ICF/IID services and as home and community-based services. The department shall develop the pamphlet in consultation with persons and organizations interested in matters pertaining to individuals eligible for ICF/IID services and home ... |
Section 5124.70 | Maximum number of residents per sleeping room.
... (1) Whether the plan conforms to the requirements of division (C) of this section; (2) The feasibility of completing the implementation as described in the plan. (E) If the department approves an ICF/IID provider's plan under division (D) of this section, the provider shall submit to the department annual reports regarding the plan's implementation. (F) The department may issue a written order to an ICF/I... |
Section 5124.75 | Conversion of ICF/IID beds to OhioRISE program.
...Notwithstanding any provision of the Revised Code to the contrary, an ICF/IID operator shall not reserve or convert any portion of the ICF/IID's beds from providing ICF/IID services to providing services to individuals receiving services through the Ohio resilience through integrated systems and excellence (OhioRISE) program for children and youth involved in multiple state systems or children and youth with other co... |
Section 5124.99 | Penalty for violation of cost reporting provisions.
...Whoever violates section 5124.102 or division (E) of section 5124.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund. |
Section 5126.01 | County boards of developmental disabilities definitions.
... a developmental disability through any public or private resources, including moneys from the individual, that enhance the individual's reputation in community life and advance the individual's quality of life by doing the following: (a) Providing the support necessary to enable an individual to live in a residence of the individual's choice, with any number of individuals who are not disabled, or with not more th... |
Section 5126.011 | Reference to county board.
...Whenever a county board of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to a county board of developmental disabilities. |
Section 5126.014 | References to department or director.
...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department or director of developmental disabilities, as the case may be. |
Section 5126.02 | County or multicounty board of developmental disability required.
...(A) Each county shall have its own county board of developmental disabilities. Subject to division (B) of this section: (1) A county board shall be operated as a separate administrative and service entity. (2) The functions of a county board shall not be combined with the functions of any other entity of county government. (B) Division (A) of this section does not prohibit or restrict any county board from s... |
Section 5126.021 | Membership of county boards.
...(A) Each county board of developmental disabilities shall consist of seven members. The board of county commissioners of the county shall appoint five members and the senior probate judge of the county shall appoint two members. (B) Beginning July 1, 2025, when making initial appointments to a county board of developmental disabilities, and when making an appointment to fill a vacancy pursuant to section 5126.027 ... |
Section 5126.022 | [Repealed effective 7/1/2025 by H.B. 33, 135th General Assembly] Appointment of members of county boards.
...When making appointments to a county board of developmental disabilities, an appointing authority shall do all of the following: (A) Appoint only individuals who are residents of the county the appointing authority serves, citizens of the United States, and interested and knowledgeable in the field of intellectual disabilities and other allied fields; (B) If the appointing authority is a board of county commissio... |
Section 5126.023 | Persons who may not serve on a county board of developmental disabilities.
...lopmental disabilities: (A) An elected public official, except for a township trustee, township fiscal officer, or individual excluded from the definition of public official or employee in division (B) of section 102.01 of the Revised Code; (B) An immediate family member of a member of the same county board; (C) An employee of any county board; (D) An immediate family member of an employee of the same county boar... |
Section 5126.024 | Declaration of eligibility prior to appointment to board.
...e county board. The declaration is a public record for the purpose of section 149.43 of the Revised Code. |
Section 5126.025 | Time and term of appointment of members of board.
...Except for members appointed under section 5126.027 of the Revised Code to fill a vacancy, members of a county board of developmental disabilities shall be appointed or reappointed not later than the last day of November, commence their terms on the date of the stated annual organizational meeting in the following January as provided under section 5126.029 of the Revised Code, and serve terms of four years. T... |
Section 5126.026 | Reappointment of members of board.
...considered for reappointment meets the requirements of sections 5126.022 and 5126.0218 of the Revised Code. A member who has served during each of three consecutive terms shall not be reappointed for a subsequent term until two years after ceasing to be a member of the county board, except that a member who has served for ten years or less within three consecutive terms may be reappointed for a subsequent ter... |
Section 5126.027 | Filling of vacancy on board for unexpired term.
...Within sixty days after a vacancy on a county board of developmental disabilities occurs, including a vacancy created under section 5126.0213 of the Revised Code, the appointing authority shall fill the vacancy for the unexpired term. Before filling a vacancy, the appointing authority shall cause a notice of the vacancy to be published on at least two separate dates in one or more newspapers serving the count... |
Section 5126.028 | Members of board not compensated - reimbursement for expenses.
...Members of a county board of developmental disabilities shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the conduct of county board business, including expenses that are incurred in the member's county of residence in accordance with an established policy of the county board. |
Section 5126.029 | Organization of board.
...rd proceedings, which shall be open for public inspection. |
Section 5126.0210 | Members of board to attend annual in-service training.
...Each year, each member of a county board of developmental disabilities shall attend at least four hours of in-service training provided or approved by the department of developmental disabilities. This training shall not be considered regularly scheduled meetings of the county board. |
Section 5126.0211 | Virtual attendance at in-service training sessions.
...A member of a county board of developmental disabilities shall be considered present at an in-service training session even though the member is not physically present in the room in which the session is held if the member is connected to the session through a system that enables the member to communicate with the individuals participating in the session and such individuals to communicate with the member. |
Section 5126.0212 | Participation by member in matter involving conflict of interest.
...In no circumstance shall a member of a county board of developmental disabilities participate in or vote on any matter before the county board concerning a contract agency of which the member or an immediate family member of the member is also a board member or an employee. |
Section 5126.0213 | Grounds for removal of member of board.
...(A) Subject to sections 5126.0214 and 5126.0216 of the Revised Code, an appointing authority shall remove a member of a county board of developmental disabilities for any of the following reasons: (1) Neglect of duty; (2) Misconduct; (3) Malfeasance; (4) Ineligibility to serve on the county board pursuant to section 5126.023 of the Revised Code; (5) Failure to attend at least four hours of in-service ... |
Section 5126.0214 | Waiver of removal requirement for nonattendance.
...An appointing authority shall not remove a member of a county board of developmental disabilities from the county board by reason of division (A)(5), (6), or (7) of section 5126.0213 of the Revised Code if the director of developmental disabilities waives the requirement that the member be removed. The director may issue the waiver only if the appointing authority requests that the director issue the wa... |
Section 5126.0215 | Notice of grounds of removal to member and appointing authority.
...If there are grounds for the mandatory removal of a member of a county board of developmental disabilities under section 5126.0213 of the Revised Code, the county board shall supply the board member and the member's appointing authority with written notice of the grounds. |
Section 5126.0216 | Request for hearing on proposed removal of member.
...An appointing authority shall afford a member of a county board of developmental disabilities an opportunity for a hearing on the member's proposed removal in accordance with procedures the appointing authority shall establish, unless the appointing authority requested that the director of developmental disabilities waive the mandatory removal under section 5126.0214 of the Revised Code and the director refu... |
Section 5126.0217 | Removal of member prohibited before conclusion of hearing.
...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. |
Section 5126.0218 | Eligibility of removed member for reappointment.
...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... |
Section 5126.0219 | Superintendent.
...(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... |
Section 5126.0220 | Superintendent of county board - powers and duties.
...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. |
Section 5126.0221 | Individuals disqualified from employment by board.
...(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... |
Section 5126.0222 | Employee of county board of developmental disabilities may be member of governing board of political subdivision.
...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... |
Section 5126.0223 | Electronic attendance at county board meetings.
...ng is conducted, and all members of the public present in person at the place where the meeting is conducted to simultaneously communicate with each other during the meeting. (B) Notwithstanding division (C) of section 121.22 and section 5126.029 of the Revised Code, each county board of developmental disabilities may establish a policy that allows board members to attend a meeting of the county board via means of... |
Section 5126.03 | Direct services contract definitions.
...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... |
Section 5126.031 | Appointing ethics council.
...uncil. The minutes shall be part of the public record of the county board. Any action taken by the council on direct services contracts under its review shall be in public. The council shall afford an affected party the opportunity to meet with the council on matters related to a direct services contract or any action taken by the council. (B) If a county board establishes a policy specifyi... |
Section 5126.032 | Reviewing direct services contracts.
...(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... |
Section 5126.033 | Direct services contract requirements.
...(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... |
Section 5126.034 | Contracts in conformity with law.
...(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... |
Section 5126.038 | Identification of certain expenses.
...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 ... |
Section 5126.04 | Planning and setting priorities.
...(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.... |
Section 5126.041 | Eligibility determinations.
...(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... |
Section 5126.042 | Waiting lists for non-medicaid programs or services.
...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. |
Section 5126.043 | Decisions by individuals with developmental disabilities; authorization for decision by adult; decisions by guardian.
...(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 ... |
Section 5126.044 | Confidentiality.
...(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 ... |
Section 5126.045 | Fees for services.
...(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... |
Section 5126.046 | Right to community-based services; list of providers.
...(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... |
Section 5126.047 | Information regarding residential services.
...(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... |
Section 5126.05 | County board - powers and duties.
...ntracts with other such boards and with public or private, nonprofit, or profit-making agencies or organizations of the same or another county, to provide the facilities, programs, and services authorized or required, upon such terms as may be agreeable, and in accordance with this chapter and Chapter 3323. of the Revised Code and rules adopted thereunder and in accordance with sections 307.86 and 5126.071 of the Rev... |
Section 5126.051 | Residential services and supported living services.
... 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... |
Section 5126.052 | Volunteer bus rider assistance program.
...(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... |
Section 5126.053 | Five-year projection of revenues and expenditures.
...(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... |
Section 5126.054 | Annual plan.
...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 ... |
Section 5126.055 | Services provided by board that has medicaid local administrative authority.
...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... |
Section 5126.056 | Terminating county board's medicaid local administrative authority.
...(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... |
Section 5126.058 | Memorandum of understanding.
...cuting attorney of the county; (6) The public children services agency; (7) The coroner of the county. (B) A memorandum of understanding shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and sections 313.12, 2151.421, 2903.16, 5126.31, and 5126.33 of the Revised Code and shall have as its primary goal th... |
Section 5126.059 | Payment of nonfederal share of medicaid expenditures.
...A county board of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services the county board provides to an individual with a developmental disability who the county board determines under section 5126.041 of the Revised Code is eligible for county board services. |
Section 5126.0510 | Payment of nonfederal share of home services expenditures.
...(A) Except as otherwise provided in an agreement entered into under section 5123.048 of the Revised Code and subject to divisions (B), (C), (D), and (E) of this section, a county board of developmental disabilities shall pay the nonfederal share of medicaid expenditures for the following home and community-based services provided to an individual with a developmental disability who the county board determines under s... |
Section 5126.0511 | Payment of nonfederal share of home services.
...(A) A county board of developmental disabilities may use the following funds to pay the nonfederal share of the medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay: (1) To the extent consistent with the levy that generated the taxes, the following taxes: (a) Taxes levied pursuant to division (L) of section 5705.19 of the Revised Code and secti... |
Section 5126.0512 | Number enrolled in home and community-based services.
...(A) Except as provided in rules adopted under section 5123.0413 of the Revised Code, each county board of developmental disabilities shall ensure that the number of individuals eligible under section 5126.041 of the Revised Code for services from the county board who are enrolled in home and community-based services is no less than the sum of the following: (1) The number of individuals eligible for services f... |
Section 5126.06 | Resolution of complaints.
...(A) Except as provided in division (B) of this section, any person who has a complaint involving any of the programs, services, policies, or administrative practices of a county board of developmental disabilities or any of the entities under contract with the county board, may file a complaint with the board. Prior to commencing a civil action regarding the complaint, a person shall attempt to have the ... |
Section 5126.07 | Discrimination prohibited - affirmative action plan.
...No county board of developmental disabilities or any agency, corporation, or association under contract with a county board of developmental disabilities shall discriminate in the provision of services under its authority or contract on the basis of race, color, sex, creed, disability, national origin, or the inability to pay. Each county board of developmental disabilities shall provide a plan of affirma... |
Section 5126.071 | Set aside for minority business enterprise contracts.
...not exempt from the competitive bidding requirements of section 307.86 of the Revised Code, the board shall set aside a number of contracts the aggregate value of which equals approximately five per cent of the aggregate value of construction contracts for the current calendar year for bidding by minority business enterprises only. The bidding procedures for the contracts set aside for minority business enterprises s... |
Section 5126.08 | Programs and services offered by county board.
...(A) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code for all programs and services offered by a county board of developmental disabilities. Such rules shall include, but are not limited to, the following: (1) Determination of what constitutes a program or service; (2) Standards to be followed by a board in administering, providing, arranging, or operat... |
Section 5126.081 | System of accreditation for county boards of developmental disabilities.
...ds in complying with the accreditation requirements. (B) Prior to accrediting a board, the department shall conduct a comprehensive, on-site review of the board. During the review, the department shall document the board's compliance with the department's accreditation requirements. After completing the review, the department shall conduct an exit conference with the president of the board, the supe... |
Section 5126.082 | Standards for promoting and advancing the quality of life of individuals.
...(A) In addition to the rules adopted under division (A)(2) of section 5126.08 of the Revised Code establishing standards to be followed by county boards of developmental disabilities in administering, providing, arranging, and operating programs and services and in addition to the board accreditation system established under section 5126.081 of the Revised Code, the director of developmental disabilities shall adopt ... |
Section 5126.09 | Liability insurance.
...A county board of developmental disabilities may procure a policy or policies of insurance insuring board members or employees of the board or agencies with which the board contracts or volunteer bus rider assistants authorized by section 5126.061 of the Revised Code against liability arising from the performance of their official duties. |
Section 5126.10 | Standard cost allocation procedures.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standard cost allocation procedures and shall require county boards of developmental disabilities to use such procedures to allocate all indirect costs to services provided pursuant to Chapters 3323. and 5126. of the Revised Code. |
Section 5126.11 | Family support services program.
...bility for family support services. The requirements of divisions (E) and (F) of this section do not apply to temporary emergency respite care. (K) The county board shall not be required to make payments for family support services at a level that exceeds available state and federal funds for such payments. |
Section 5126.13 | Regional council.
...(A) A county board of developmental disabilities may enter into an agreement with one or more other county boards of developmental disabilities to establish a regional council in accordance with Chapter 167. of the Revised Code. The agreement shall specify the duties and functions to be performed by the council, which may include any duty or function a county board is required or authorized to perform under thi... |
Section 5126.131 | Regional council and county board annual cost report.
...rtified audit. The cost report is not a public record under section 149.43 of the Revised Code until copies of the cost report are filed pursuant to this section. (E) The department may withhold any funds that it distributes to a regional council or board as subsidy payments if either of the following is the case: (1) The cost report is not timely filed by the regional council or board with the department in acco... |
Section 5126.14 | Administrative oversight.
...The entity responsible for the habilitation management included in adult day habilitation services, the program management included in residential services, and the program management included in supported living shall provide administrative oversight by doing all of the following: (A) Having available supervisory personnel to monitor and ensure implementation of all interventions in accordance with ... |
Section 5126.15 | Service and support administration provided.
...ccordance with the service coordination requirements of 34 C.F.R. 303.23, service and support administration to an individual under three years of age eligible for early intervention services under 34 C.F.R. part 303. A board may provide service and support administration to an individual who is not eligible for other services of the board. Service and support administration shall be provided in accordance with rules... |
Section 5126.18 | County eligibility to receive tax equity payments.
...nty's most recent tax list of real and public utility property. The director may request any other tax information necessary for the purposes of this section. (C) Beginning in 2011, on or before the thirty-first day of May of that year and of every second year thereafter, the director of developmental disabilities shall determine whether a county is eligible to receive tax equity payments for the ensuing two f... |
Section 5126.20 | Employee definitions.
...As used in this section and sections 5126.21 to 5126.25 of the Revised Code: (A) "Service employee" means a person employed by a county board of developmental disabilities in a position which may require registration under section 5126.25 of the Revised Code but for which a bachelor's degree from an accredited college or university is not required, and includes employees in the positions listed in division (C... |
Section 5126.201 | Conditional status service and support administrator - minimum requirements.
... The person meets both of the following requirements: (a) The person was employed by the county board and performed service and support administration duties on June 30, 2005; (b) The person holds a high school diploma or a certificate of high school equivalence. (B) A conditional status service and support administrator shall perform the duties of service and support administration, as specified in division (B) o... |
Section 5126.21 | Management employees.
...As used in this section, "management employee" does not include the superintendent of a county board of developmental disabilities. (A)(1) Each management employee of a county board of developmental disabilities shall hold a limited contract for a period of not less than one year and not more than five years, except that a management employee hired after the beginning of a program year may be employed under a... |
Section 5126.22 | Classification of employees.
...(A) Employees who hold the following positions in a county board of developmental disabilities are management employees: assistant superintendent director of business director of personnel adult services director workshop director habilitation manager director of residential services principal (director of children services) program or service supervisor plant manager production manager servic... |
Section 5126.221 | Investigative agents.
...Each county board of developmental disabilities shall employ at least one investigative agent or contract with a person or government entity, including another county board of developmental disabilities or a regional council established under section 5126.13 of the Revised Code, for the services of an investigative agent. Neither a county board nor a person or government entity with ... |
Section 5126.23 | Discipline of management employee or superintendent.
...dination, discourteous treatment of the public, neglect of duty, or other acts of misfeasance, malfeasance, or nonfeasance. (C) Prior to the removal, suspension, or demotion of an employee pursuant to this section, the employee shall be notified in writing of the charges against the employee. Except as otherwise provided in division (H) of this section, not later than thirty days after receiving such notification,... |
Section 5126.24 | Salary schedules for teaching and nonteaching employees.
...y each board with the superintendent of public instruction and the department. If such salary schedule and classification plan is not filed, the director of education and workforce shall order the board to file such schedule and list forthwith. If this condition is not corrected within ten days after receipt of the order from the director, no money shall be distributed to the board under Chapter 3317. of the Revised ... |
Section 5126.25 | Uniform standards and procedures for certification and registrations of persons seeking employment.
...to be employed in that position; (2) Requirements that must be met to receive the certification or registration required to be employed in a particular position, including standards regarding education, specialized training, and experience, taking into account the needs of individuals with developmental disabilities and the specialized techniques needed to serve them, except that the rules shall not require a pers... |
Section 5126.251 | Effect of child support default on certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of developmental disabilities or the superintendent of a county board of developmental disabilities shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a person's certification or registration under section 5126.25 of the Re... |
Section 5126.253 | Information concerning improper conduct by licensed employee.
...romptly submit to the superintendent of public instruction the information prescribed in division (D) of this section when any of the following conditions applies to an employee of the board who holds a license issued by the state board of education: (1) The superintendent or president knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, has been convicted of, has been found t... |
Section 5126.254 | Report of improper conduct investigation kept in personnel file.
...port to the superintendent of public instruction under section 5126.253 of the Revised Code be kept in the employee's personnel file. If, after an investigation under division (A) of section 3319.311 of the Revised Code, the superintendent of public instruction determines that the results of that investigation do not warrant initiating action under section 3319... |
Section 5126.255 | RC 5126.253 and RC 5126.254 prevail over contractual provisions.
...Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the provisions of sections 5126.253 and 5126.254 of the Revised Code prevail over any conflicting provisions of a collective bargaining agreement or contract for employment entered into after the effective date of this section. |
Section 5126.30 | Protective services for adults with developmental disability definitions.
...As used in sections 5126.30 to 5126.34 of the Revised Code: (A) "Adult" means a person eighteen years of age or older with a developmental disability. (B) "Caretaker" means a person who is responsible for the care of an adult by order of a court, including an order of guardianship, or who assumes the responsibility for the care of an adult as a volunteer, as a family member, by contract, or by the acceptance of pay... |
Section 5126.31 | Reviewing reports of abuse and neglect.
...rts prepared under this section are not public records as defined in section 149.43 of the Revised Code. |
Section 5126.311 | Requesting review of reports of abuse or neglect by other entities.
...(A) Notwithstanding the requirement of section 5126.31 of the Revised Code that a county board of developmental disabilities review reports of abuse and neglect, one of the following government entities, at the request of the county board or the department of developmental disabilities, shall review the report instead of the county board if circumstances specified in rules adopted under ... |
Section 5126.313 | Investigations.
...(A) After reviewing a report of abuse or neglect under section 5126.31 of the Revised Code or a report of a major unusual incident made in accordance with rules adopted under section 5123.612 of the Revised Code, a county board of developmental disabilities shall conduct an investigation if circumstances specified in rules adopted under division (B) of this section exist. If the circumstances speci... |
Section 5126.32 | Obstructing review or investigation.
...If during the course of the review conducted under section 5126.31 of the Revised Code or the investigation conducted under section 5126.313 of the Revised Code, any person denies or obstructs the board's access to the residence of the adult who is the subject of the review or investigation, the board may file a petition with the probate court of the county in which the residence is located for a temporary restraini... |
Section 5126.33 | Complaint process.
...all not order an adult to a hospital or public hospital, as defined in section 5122.01 of the Revised Code, or a state institution, as defined in section 5123.01 of the Revised Code. (F) The court shall not authorize a change in an adult's placement ordered under division (E) of this section unless it finds compelling reasons to justify a change. The parties to whom notice was given in division (B) of this section s... |
Section 5126.331 | Ex parte emergency order.
...(A) A probate court, through a probate judge or magistrate, may issue by telephone an ex parte emergency order authorizing any of the actions described in division (B) of this section if all of the following are the case: (1) The court receives notice from the county board of developmental disabilities, or an authorized employee of the board, that the board or employee believes an emergency order... |
Section 5126.332 | Probable cause hearing.
...(A) If an order is issued pursuant to section 5126.331 of the Revised Code, the court shall hold a hearing not later than twenty-four hours after the issuance to determine whether there is probable cause for the order, except that if the day following the day on which the order is issued is a weekend-day or legal holiday, the court shall hold the hearing on the next business day. (B) At the hearing, the court: (1) ... |
Section 5126.333 | Investigation of allegation of substantial risk.
...Any person who has reason to believe that there is a substantial risk to an adult with a developmental disability of immediate physical harm or death and that the responsible county board of developmental disabilities has failed to seek an order pursuant to section 5126.33 or 5126.331 of the Revised Code may notify the department of developmental disabilities. Within twenty-four hours of receipt of such notice, the d... |
Section 5126.34 | Training standards for reviewing abuse and neglect reports.
...Each county board of developmental disabilities shall provide comprehensive, formal training for county board employees and other persons authorized to implement sections 5126.30 to 5126.34 of the Revised Code. The department of developmental disabilities shall adopt rules establishing minimum standards for the training provided by county boards pursuant to this section. ... |
Section 5126.36 | Authorization administer medications and perform health-related activities and tube feedings.
...(A) As used in this section, "health-related activities" and "prescribed medication" have the same meanings as in section 5123.41 of the Revised Code. (B) In accordance with sections 5123.42 and 5123.651 of the Revised Code, an employee of a county board of developmental disabilities or an entity under contract with the board who is not specifically authorized by other provisions of the Revised Code to administer me... |
Section 5126.40 | Supported living.
...(A) Sections 5126.40 to 5126.47 of the Revised Code do not apply to medicaid-funded supported living. (B) As used in sections 5126.40 to 5126.47 of the Revised Code, "provider" means a person or government entity certified by the director of developmental disabilities to provide supported living for individuals with developmental disabilities. (C) On and after July 1, 1995, each county board of developmental disabi... |
Section 5126.41 | Individual service plans.
...The county board of developmental disabilities shall identify residents of the county for whom supported living is to be provided. Identification of the residents shall be made in accordance with the priorities set under section 5126.04 of the Revised Code and the waiting lists established under section 5126.042 of the Revised Code. The board shall assist the residents in identifying their individual service ne... |
Section 5126.42 | Procedures for resolution of grievances.
...Each county board of developmental disabilities shall establish procedures for the resolution of grievances between the following: (A) The board and providers; (B) The board and an entity with which it has a shared funding agreement. |
Section 5126.43 | Supported living arrangements.
...e supported living without meeting the requirements of this section for an individual it determines to be in emergency need of supported living. Thereafter, the individual shall choose providers in accordance with sections 5126.046 and 5126.41 of the Revised Code. |
Section 5126.45 | Contract with provider of supported living.
...ion by any party involved that include requirements for an appropriate notice of intent to terminate the contract; (9) Methods to be used to document services provided; (10) Procedures for submitting reports required by the county board as a condition of receiving payment under the contract; (11) The method and schedule the board will use to make payments to the provider and whether periodic payment adjustment... |
Section 5126.46 | Obligations to provide residential services.
...(A) No county board of developmental disabilities shall be obligated to use any money other than money in the community developmental disabilities residential services fund to furnish residential services. (B) Except with respect to a child required to be provided services pursuant to section 121.38 of the Revised Code, no court or other entity of state or local government shall order or otherwise require a county b... |
Section 5126.47 | Joint county residential services consortium.
...A county board of developmental disabilities may, pursuant to a resolution adopted by an affirmative vote of the majority of its members, establish, by agreement with one or more other county boards of developmental disabilities, a residential services consortium to jointly provide residential services and supported living. The agreement shall designate one board to assume the fis... |
Section 5126.49 | Residential facility linked deposit program.
...The county board of developmental disabilities may adopt a resolution requesting the board of county commissioners to implement a residential facility linked deposit program under sections 5126.51 to 5126.62 of the Revised Code if the county board of developmental disabilities finds all of the following: (A) There is a shortage of residential facilities in the county for individuals with developmental disabilities. ... |
Section 5126.50 | Standards for residential facility linked deposit program.
...If the board of county commissioners adopts a resolution under sections 135.801 and 135.802 of the Revised Code implementing a residential facility linked deposit program, the county board of developmental disabilities shall adopt a resolution that does all of the following: (A) Establishes standards for its review of applications and its approval or disapproval of proposed residential fa... |
Section 5126.51 | Residential facility linked deposit program definitions.
...'s investing authority may deposit the public moneys of the county; (4) Holds itself out as participating in the residential facility linked deposit program. (C) "Eligible organization" means a nonprofit corporation that has as its primary activity the development or operation of a residential facility. (D) "Investing authority" has the same meaning as in section 135.31 of the Revised Code. (E) "Residential ... |
Section 5126.52 | Shortage of suitable residential facilities.
...The general assembly finds that individuals with developmental disabilities residing in the state face a shortage of suitable residential facilities; that loans to finance the development of suitable residential facilities are subject to high interest rates; that eligible organizations, otherwise willing and able to develop suitable residential facilities, are unable to do so because of the high interest rates; and, ... |
Section 5126.53 | Resolution by county commissioners.
...The residential facility linked deposit program is not operative in a county unless the board of county commissioners has adopted a resolution under sections 135.801 and 135.802 of the Revised Code implementing the program in the county. |
Section 5126.54 | Application for loan to develop facility.
...An eligible organization that seeks a residential facility linked deposit loan to finance all or part of the development of a residential facility shall obtain approval of the proposed project from the county board of developmental disabilities of the county in which the facility will be developed. The application shall be in the form prescribed by the board and include all of the following: ... |
Section 5126.55 | Resolution approving or disapproving development of proposed residential facility.
...The county board of developmental disabilities shall review each application filed under section 5126.54 of the Revised Code and adopt a resolution approving or disapproving development of the proposed residential facility. The county board shall not approve development of the proposed residential facility unless it finds, based upon the application and its evaluation of the applicant, that development of the residen... |
Section 5126.56 | Applying to eligible lending institution after approval.
...On receiving a resolution under section 5126.55 of the Revised Code approving development of a residential facility, an eligible organization may apply to an eligible lending institution, in the form prescribed by the institution, for a residential facility linked deposit loan to finance all or part of the development of the residential facility. The eligible organization shall include with its application both of th... |
Section 5126.57 | Approving or disapproving application for residential facility linked deposit loan.
...In reviewing an application for a residential facility linked deposit loan, the eligible lending institution shall apply the same lending standards as it customarily applies to applications for loans for the development of residential property. The lending institution shall either approve or disapprove an application for a residential facility linked deposit loan within a reasonable time... |
Section 5126.58 | Board approval or disapproval of loan application.
...county commissioners has certified that public moneys of the county are currently available for placement of the residential facility linked deposit necessary to provide low-cost financing to the applicant. (E) Placement of the residential facility linked deposit, considered in the aggregate with all other residential facility linked deposits under the county's residential facility linked deposit program, will not c... |
Section 5126.59 | Residential facility linked deposit agreement.
...On acceptance of a residential facility linked deposit loan by the county board of developmental disabilities, the county's investing authority shall enter into a residential facility linked deposit agreement with the eligible lending institution. The agreement shall include all of the following terms: (A) An agreement by the investing authority to place certificates of deposit with the... |
Section 5126.60 | Lending value of residential facility linked deposit.
...On placement of a residential facility linked deposit pursuant to the residential facility linked deposit agreement under section 5126.59 of the Revised Code, the eligible lending institution shall lend the value of the residential facility linked deposit in accordance with the agreement. The loan shall be at an annual interest rate that is the same number of percentage points below the annual borrowing rate currentl... |
Section 5126.61 | Monitoring compliance - annual report.
...The county investing authority shall monitor the compliance with sections 5126.51 to 5126.62 of the Revised Code of eligible lending institutions and eligible organizations receiving residential facility linked deposits and loans. The investing authority shall annually report to the board of county commissioners and county board of developmental disabilities with regard to the operation of ... |
Section 5126.62 | No liability for defaults on loans.
...The county, board of county commissioners, county board of developmental disabilities, and county investing authority are not liable to any eligible lending institution in any manner for payment of the principal or interest on a loan to an eligible organization. Delay in payment or default on the part of an eligible organization does not in any manner affect the residential facilit... |
Section 5126.99 | Penalty.
...istrict, educational service center, public or nonpublic school, or county board of developmental disabilities where the employee works any physical or mental wound, injury, disability, or condition of a nature that constitutes abuse or neglect of the child. |
Section 5139.01 | Department of youth services - definitions.
...ice systems, and that conforms with the requirements of all federal criminal justice acts. These functions include, but are not limited to, all of the following: (a) Delinquency; (b) Identification, detection, apprehension, and detention of persons charged with delinquent acts; (c) Assistance to crime victims or witnesses, except that the comprehensive plan does not include the functions of the attorney general pu... |
Section 5139.02 | Appointment of managing officers.
...dination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, the rules of the director of youth services or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony while employed in the civil service. A managing officer also forfeits th... |
Section 5139.03 | Control and management of state institutions or facilities.
...(A) The department of youth services shall control and manage all state institutions or facilities established or created for the training or rehabilitation of delinquent children committed to the department, except where the control and management of an institution or facility is vested by law in another agency. The department shall employ, in addition to other personnel authorized under Chapter 5139. of the Revised... |
Section 5139.04 | Powers and duties of department.
...those children and the interest of the public, for the treatment of each of those children; (C) Obtain personnel necessary for the performance of its duties; (D) Adopt rules that regulate its organization and operation, that implement sections 5139.34 and 5139.41 to 5139.43 of the Revised Code, and that pertain to the administration of other sections of this chapter; (E) Submit reports of its operations to th... |
Section 5139.05 | Order to commit.
...ion of the child and protection of the public. The child shall be housed separately from children who are twelve years of age or older until the child is released or discharged or until the child attains twelve years of age, whichever occurs first. Upon the child's attainment of twelve years of age, if the child has not been released or discharged, the department is not required to house the child separately. ... |
Section 5139.06 | Disposition of child.
... of the child and the protection of the public, provided that the institutional placement shall be consistent with the order committing the child to its custody; (2) Maintain the child in institutional care or institutional care in a secure facility for the required period of institutionalization in a manner consistent with division (A)(1) of section 2152.16 and divisions (A) to (F) of section 2152.17 of the Revised... |
Section 5139.07 | Rehabilitation.
...n to full liberty without danger to the public welfare. (b) Except as otherwise provided, the department shall require any child committed to it who has not attained a diploma or certificate of high school equivalence, to participate in courses leading toward a high school diploma or an Ohio certificate of high school equivalence. This requirement does not apply to a child in an assessment program or treatment int... |
Section 5139.08 | Agreements with other state agencies.
...urts having probation officers or other public officials, and with private agencies or institutions for separate care or special treatment of children subject to the control of the department of youth services. The department of youth services may, upon the request of a juvenile court not having a regular probation officer, provide probation services for such court. Upon request by the department of youth services, ... |
Section 5139.09 | Periodic re-examination of children.
...The department of youth services shall make periodic reexamination of all children under its control for the purpose of determining whether existing orders in individual cases should be modified or continued in force. These examinations shall be made with respect to every child at least once annually. |
Section 5139.10 | Final discharges ends control by department.
...Unless the child has already received a final discharge, the control by the department of youth services of a child committed as a delinquent shall cease when the child reaches the age of twenty-one years. |
Section 5139.101 | Transitional services program.
...(A) The department of youth services, in coordination with any other agencies deemed necessary, may develop a program to assist a youth leaving the supervision, control, and custody of the department at twenty-one years of age. The program shall provide supportive services for specific educational or rehabilitative purposes, under conditions agreed upon by both the department and the youth and terminable by either. S... |
Section 5139.11 | Prevention and control of juvenile delinquency.
...se local, state, and federal officials, public and private agencies, and lay groups on the needs for and possible methods of the reduction and prevention of juvenile delinquency and the treatment of delinquent children; (C) Consult with the schools and courts of this state on the development of programs for the reduction and prevention of delinquency and the treatment of delinquents; (D) Cooperate with other a... |
Section 5139.12 | Reporting abuse of delinquent child.
...n the custody of the department, to the public children services agency in the county in which the child resides or in which the abuse or neglect or threat of abuse or neglect occurred, and to the chairperson and vice-chairperson of the correctional institution inspection committee established by section 103.71 of the Revised Code. |
Section 5139.13 | Facilities for treatment and training of children.
...(A) The department of youth services shall do all of the following: (1) Control and manage all institutions for the rehabilitation of delinquent children and youthful offenders that are operated by the state, except where the control and management of an institution is vested by law in another agency; (2) Provide treatment and training for children committed to the department and assigned by the department to vari... |
Section 5139.131 | Vocational education programs.
...The department of youth services may conduct programs for the vocational education of children committed to the department or involved in aftercare services provided by the department, under which services are provided or products are made, and offered, for sale. Any profits made from the selling of such products or services shall be deposited into the industrial and entertainment fund created under section 5139.86 o... |
Section 5139.14 | Reentry services by nonprofit faith-based organizations.
...(A)(1) The department of youth services shall permit representatives of all nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department to enter institutions that are under the department's control and management for the purpose of providing reentry services to delinquent children in the department's custody. Reentry services may include, but ... |
Section 5139.16 | Accepting gifts and bequests.
...The department of youth services may accept, hold, and use, for the benefit of the department or the children committed to it, any gift, donation, bequest, or devise, and may agree to and perform all conditions of the gift, donation, bequest, or devise, not contrary to law. |
Section 5139.18 | Supervision of children released from institutions.
...ides maximum protection to the general public. (B) The department of youth services shall exercise general supervision over all children who have been released on placement from any of its institutions other than children who are granted a judicial release to court supervision pursuant to division (B) or (D) of section 2152.22 of the Revised Code. The director of youth services, with the consent and approval ... |
Section 5139.19 | Managing officers of institutions.
...Subject to the rules of the department of youth services, each institution and community regional office under the jurisdiction of the department shall be under the control of a managing officer to be known as a superintendent or by other appropriate title. Such managing officer shall be appointed by the director of the department and shall be in the unclassified service and serve at the pleasure of the director. Eac... |
Section 5139.191 | Apprehending juvenile escapees.
...Any sheriff, deputy sheriff, constable, officer of state or local police, or employee of the department of youth services shall apprehend any child who has escaped from an institution under the jurisdiction of the department and return the child. The written request of the superintendent of the institution from which the child has escaped shall be sufficient cause to authorize the apprehension and return of the child... |
Section 5139.20 | Emergency overcrowding conditions.
... department believes conducive to law-abiding conduct; (2) A discharge of the child from the custody and control of the department if the department is satisfied that the discharge is consistent with the welfare of the individual and protection of the public; (3) An assignment to a family home, a group care facility, or other place maintained under public or private auspices, within or without this state, for... |
Section 5139.21 | Prohibited acts.
...No person shall influence or attempt to influence any child under supervision of the department of youth services, to leave the institution or home in which he was placed, his home, or place of employment or to violate any of the conditions upon which he was released under supervision. |
Section 5139.22 | Transportation costs.
...Each county shall bear all of the expenses incident to the transportation of a child committed to the department of youth services by the juvenile court of that county from that county to the institution to which the department has assigned the child and shall bear the fees and costs allowed in similar cases. The fees, costs, and expenses shall be paid from the county treasury upon itemized vouchers certified to by t... |
Section 5139.23 | Leasing capital facilities.
...nto any other agreements with the Ohio public facilities commission, the department of administrative services, or any other authorized state agency ancillary to the construction, reconstruction, improvement, financing, leasing, or operation of such facilities, including, but not limited to agreements required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. Rentals from such ... |
Section 5139.25 | Designating names of institutions.
...The department of youth services may designate the institutions under its management and control, present and future, by appropriate respective names, regardless of present statutory designation. |
Section 5139.251 | Rules for searching visitors.
...(A) As used in this section: (1) "Body cavity search" and "strip search" have the same meanings as in section 5120.421 of the Revised Code. (2) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. (3) "Drug of abuse" has the same meaning as in section 3719.011 of the Revised Code. (4) "Intoxicating liquor" has the same meaning as in section 4301.01 of the Revi... |
Section 5139.26 | Acquiring and disposing of land or property.
...The department of youth services, with the approval of the governor and the attorney general, may buy, sell, lease, or exchange portions of land or property, real or personal, under the management and control of the department, or enter into contracts relative thereto, or grant easements or licenses for the use thereof, when such purchase, sale, lease, exchange, contract, easement, or license is advantageous to the s... |
Section 5139.27 | Financial assistance rules.
...The department of youth services shall adopt rules prescribing the minimum standards of construction for a school, forestry camp, or other facility established under section 2151.65 of the Revised Code for which financial assistance may be granted to assist in defraying the cost of the construction of the school, forestry camp, or other facility. If an application for that financial assistance is filed with the depar... |
Section 5139.271 | Granting financial assistance to counties.
...Subject to the approval of the controlling board, the department of youth services may grant and pay financial assistance to defray the county's share of the cost of acquiring or constructing a district detention facility, established under section 2152.41 of the Revised Code, to any county making application under section 2152.43 of the Revised Code if the department finds that the application was made in accordance... |
Section 5139.281 | Granting financial assistance to detention facilities.
...The department of youth services shall adopt rules prescribing the manner of application for financial assistance under this section for the operation and maintenance of a detention facility provided, or district detention facility established, under section 2151.41 of the Revised Code and prescribing minimum standards of operation, including criteria for programs of education, training, counseling, recreation, hea... |
Section 5139.29 | Payment of assistance rules.
...The department of youth services shall adopt and promulgate regulations prescribing the method of calculating the amount of and the time and manner for the payment of financial assistance granted under sections 5139.27 and 5139.271 of the Revised Code, for the construction or acquisition of a district detention facility established under section 2152.41 of the Revised Code, or for the construction and maintenance of ... |
Section 5139.30 | Transferring children.
...The department of youth services may, by mutual agreement with the governing board of a school, forestry camp, or other facility established under section 2151.65 of the Revised Code, transfer to such school, forestry camp, or other facility any child committed to the department. |
Section 5139.31 | Inspections.
...The department of youth services may inspect any school, forestry camp, district detention facility, or other facility for which an application for financial assistance has been made to the department under section 2152.43 or 2151.651 of the Revised Code or for which financial assistance has been granted by the department under section 5139.27, 5139.271, or 5139.281 of the Revised Code. The inspection may include, ... |
Section 5139.32 | Child unable to benefit from programs.
...(A) Whenever a child committed to the department of youth services is unable to benefit from the programs conducted by the department, as found under division (B) of this section, the department forthwith shall release or discharge such child from its jurisdiction and either return the child to the committing court, provided that such court so consents or directs, or otherwise secure for the child an environment more... |
Section 5139.33 | Grants for county community-based programs and services for adjudicated delinquent children for commission of acts that would be felonies if committed by adult.
...application and plan to ensure that the requirements of this division are satisfied. Any county applying for a grant under this section that received a grant under this section during the preceding year and that failed to meet its commitment goals for that year shall make the changes in its plan that the department requires in order to continue to be eligible for grants under this section. (C) Subject to division (E... |
Section 5139.34 | Granting state subsidies to counties.
...ned purposes of, and that satisfies the requirements of, this section and section 5139.43 of the Revised Code. In addition to the subject matters described in division (B)(3)(a) of section 5139.43 of the Revised Code or in the rules that the department adopts to implement that division, the annual grant agreement and application for funding shall address fiscal accountability and performance matters pertaining to the... |
Section 5139.35 | Prior consent of committing court required for placement in less restrictive setting.
...(A) Except as provided in division (C) of this section and division (C)(2) of section 5139.06 of the Revised Code, the department of youth services shall not place a child committed to it pursuant to section 2152.16 or divisions (A) and (B) of section 2152.17 of the Revised Code who has not been institutionalized or institutionalized in a secure facility for the prescribed minimum period of institutionalization in a... |
Section 5139.36 | Grants to operate community corrections facilities for felony delinquents.
... satisfy at least all of the following requirements: (1) Be constructed, reconstructed, or improved, and be financed by the treasurer of state pursuant to section 307.021 of the Revised Code and Chapter 154. of the Revised Code, for the use of the department of youth services and be designated as a community corrections facility; (2) Have written standardized criteria governing the types of felony delinquents... |
Section 5139.38 | Transferring felony delinquent to community facility for supervised treatment prior to ordering release.
...Within ninety days prior to the expiration of the prescribed minimum period of institutionalization of a felony delinquent committed to the department of youth services and with prior approval of the committing court, the department may transfer the felony delinquent to a community facility on supervised release as described in section 5139.18 of the Revised Code. For purposes of transfers under this section,... |
Section 5139.39 | Transfer to certified foster care facility.
...The department of youth services, in the manner provided in this chapter and Chapter 2151. of the Revised Code, may transfer to a foster care facility certified by the department of children and youth under section 5103.03 of the Revised Code, any child committed to it and, in the event of a transfer of that nature, unless otherwise mutually agreed, the department of youth services shall bear the cost of care and ser... |
Section 5139.41 | Formula for expending appropriation for care and custody of felony delinquents.
...munity corrections facility, except for public safety beds. At the end of the year, the department shall divide the amount of remaining credits of that county's allocation by the total number of remaining credits to all counties, to determine the county's percentage, which shall then be applied to the total county allocation to determine the county's payment for the fiscal year. (3) The department shall pay co... |
Section 5139.43 | Felony delinquent care and custody program.
...w for all youths who do not qualify as public safety beds. The determination of which county a reduction of the care and custody allocation will be charged against shall be made as follows until each youth is released: (1) In the event of a commitment, the reduction shall be charged against the committing county. (2) In the event of a recommitment, the reduction shall be charged against the original committing... |
Section 5139.44 | RECLAIM advisory committee.
...nstitute the holding of an incompatible public office or employment in violation of any statutory or common law prohibition pertaining to the simultaneous holding of more than one public office or employment. Members of the committee are not disqualified from holding by reason of that membership and do not forfeit because of that membership their public office or employment that qualifies them for membership on the c... |
Section 5139.45 | Office of quality assurance and improvement.
...ce records are confidential and are not public records under section 149.43 of the Revised Code and shall be used only in the course of the proper functions of a quality assurance program. (2) Except as provided in division (F) of this section, no person who possesses or has access to quality assurance records and who knows that the records are quality assurance records shall willfully disclose the contents of the ... |
Section 5139.50 | Release authority - appointment - duties.
...y and shall neither seek nor hold other public office. The members shall be in the unclassified civil service. (B) A person appointed as a member of the release authority shall have a bachelor's degree from an accredited college or university or equivalent relevant experience and shall have the skills, training, or experience necessary to analyze issues of law, administration, and public policy. The membership of th... |
Section 5139.51 | Supervised release or discharge.
...e committing court. (D) In addition to requirements that are reasonably related to the child's prior pattern of criminal or delinquent behavior and the prevention of further criminal or delinquent behavior, the release authority shall specify the following requirements for each child whom it releases: (1) The child shall observe the law. (2) The child shall maintain appropriate contact, as specified in the written... |
Section 5139.511 | Verification of identity prior to release.
...ge and identity in order to satisfy the requirements of section 4507.51 of the Revised Code. (B) The department shall provide each youth who does not have a current valid and unexpired state issued identification card or driver's license with the application described in section 4507.51 of the Revised Code. The department shall submit any completed application, along with a color photograph of the youth and docume... |
Section 5139.52 | Violating term or condition of supervised release or judicial release.
...(A) At any time during a child's supervised release or during the period of a child's judicial release to department of youth services supervision, if the regional administrator or the employee of the department assigned to supervise and assist the child has reasonable grounds to believe that the child has violated a term or condition of the supervised release or judicial release, the administrator or employee ... |
Section 5139.53 | Employees authorized to apprehend violators.
...ousand dollars, conditioned to save the public harmless by reason of the unlawful use of a firearm. A person injured or the family of a person killed by the employee's improper use of a firearm may have recourse on the bond. (E) In addition to the deadly force policy adopted under division (B)(2) of this section, the director of youth services shall establish policies for the carrying and use of firearms by the empl... |
Section 5139.54 | Medical release or discharge.
... condition and is no longer a threat to public safety. (3) The child appears to be a person with a mental illness subject to court order, as defined in section 5122.01 of the Revised Code, or a person with an intellectual disability subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code. (B) When considering whether to release or discharge a child under this section for ... |
Section 5139.55 | Office of victims' services.
...(A)(1) The office of victims' services is hereby created within the release authority of the department of youth services. The office of victims' services shall provide assistance to victims, victims' representatives, and members of a victim's family. The assistance shall include, but shall not be limited to, all of the following: (a) If the court has provided the name and address of the victims of the child's acts ... |
Section 5139.56 | Notice to victim of all release reviews, pending release hearings, supervised release revocation hearings, and discharge reviews.
...his section are confidential, are not a public record, and shall be returned to the release authority at the end of a release hearing by any person who receives a copy of them. At a release hearing before the release authority, a victim or victim's representative may be accompanied by another person for support, but that person shall not act as a victim's representative. The release authority and other employees of ... |
Section 5139.85 | Disposing of property of former inmates.
...ion, shall be sold by the department at public auction and the proceeds of the sale delivered to the state treasurer for deposit in the general revenue fund. If the department considers it expedient, it may accumulate the property of several children and sell the property in such lots as it may determine, provided that it makes a determination as to each child's share of the proceeds. (3) If any tangible personal pr... |
Section 5139.86 | Cafeteria fund - industrial and entertainment fund - youth benefit fund - employee food service fund.
...(A) Each managing officer of an institution or regional office under the jurisdiction of the department of youth services, with the approval of the director of the department, may establish local funds designated as follows: (1) The cafeteria fund, created and maintained for the benefit of the institution, into which shall be deposited all money received from the sale of cafeteria meals. The fund shall be used to pa... |
Section 5139.87 | Federal juvenile justice funds; juvenile justice and delinquency prevention fund.
...(A) The department of youth services shall serve as the state agent for the administration of federal juvenile justice grants awarded to the state. (B) There is hereby created in the state treasury the juvenile justice and delinquency prevention fund. All federal grants and other moneys received for federal juvenile programs shall be deposited into the fund. All receipts deposited into the fund shall be used for fe... |
Section 5139.99 | Penalty.
...Whoever violates section 5139.21 of the Revised Code shall be fined not less than ten nor more than five hundred dollars or imprisoned not more than one year, or both. |
Section 5145.01 | Length of sentences.
...Courts shall impose sentences to a state correctional institution for felonies pursuant to sections 2929.13 and 2929.14 of the Revised Code. All prison terms may be ended in the manner provided by law, but no prison term shall exceed the maximum term provided for the felony of which the prisoner was convicted as extended pursuant to section 2929.141 or 2967.28 of the Revised Code. If a prisoner is sentenced for tw... |
Section 5145.03 | Rules for government and employment of prisoners.
...ls, or categories, with different skill requirements, with different career potential, with other training potentials, or with other working conditions or schedules; (7) An accounting system for the allocation of the earnings of each prisoner; (8) A procedure for the transportation of prisoners whenever necessary between institutions and to and from private industry or agriculture to perform jobs; (9) A disciplina... |
Section 5145.04 | Maintaining control of prisoners - daily record of conduct.
...The department of rehabilitation and correction shall maintain the control over prisoners committed to its custody that prevents them from committing crime, secure their self-support, and accomplish their reformation. When a prisoner is received into a state correctional institution upon direct sentence to the institution, the department shall enter in a register the date of the admission, the prisoner's name, age, ... |
Section 5145.05 | Contents of daily record of conduct.
...The department of rehabilitation and correction, upon the register required to be maintained by section 5145.04 of the Revised Code, shall enter notes of observed improvement or deterioration of character of the prisoner, the method of treatment employed for the prisoner, orders or alterations affecting his standing or situation, the prisoner's performance of labor while committed, and subsequent facts of personal hi... |
Section 5145.06 | Ohio central school system.
...(A) The department of rehabilitation and correction shall establish and operate a school system that is approved and chartered by the department of education and workforce and designated as the Ohio central school system to serve all of the correctional institutions under its control. The Ohio central school system shall provide educational programs for prisoners to allow them to complete adult basic education course... |
Section 5145.13 | Monthly reports of management and progress of school.
...The superintendent of the elementary day school for uneducated prisoners in the penitentiary shall make monthly reports to the department of rehabilitation and correction with respect to the management and progress of the school and as to all matters under his supervision. |
Section 5145.14 | Labor or services.
...Labor or service shall not be performed by a prisoner within a correctional institution, unless the labor or service is expressly authorized by rules adopted by the department of rehabilitation and correction pursuant to division (B) of section 5145.03 of the Revised Code. |
Section 5145.15 | Employing prisoners in certain work for the state.
...The department of rehabilitation and correction may, in accordance with rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, employ a portion of the prisoners in the manufacture of articles that are used by the state, any other state, any political subdivision or institution of this state, any other state, or the United States, or private persons. The department may procure machinery and pre... |
Section 5145.16 | Work programs.
...tside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance and operation of the institutions under the control of the department, or in any other appropriate form of labor. The department, pursuant to the program, shall attempt to engage in work programs as many prisoners as possible who are in its custody and who are eligible for the programs. The department is ... |
Section 5145.161 | Program for employment of prisoners.
...the Revised Code and with the following requirements: (1) The department shall consider the nature of the offense committed by a prisoner, the availability of employment, the security requirements for the prisoner, the prisoner's present state of mind, the prisoner's record in the institution to which the prisoner has been committed, and all other relevant factors when assigning a prisoner to the prisoner's initia... |
Section 5145.162 | Office of enterprise development advisory board.
...the department's program; (4) Promote public awareness of the office of enterprise development and the office's employment program; (5) Familiarize itself and the public with avenues to access the office of enterprise development on employment program concerns; (6) Advocate for the needs and concerns of the office of enterprise development in local communities, counties, and the state; (7) Play an active role... |
Section 5145.163 | Insurance for participants in federal prison industries enhancement certification program.
...f the private party meets the following requirements: (1) The private party provides proof of workers' compensation coverage furnished by the bureau of workers' compensation. (2) The private party carries liability insurance in an amount the director determines to be sufficient. (3) The private party does not have an unresolved finding for recovery by the auditor of state under section 9.24 of the Revised Co... |
Section 5145.1611 | Documentation upon inmate's release from prison.
...tification, if the inmate completed the requirements for eligibility for the license or certification while incarcerated at the department's facility. (C) The following categories of inmates are not required to complete resumes or practice job interviews prior to release from incarceration: (1) Inmates who decline to participate; (2) Inmates sixty-five years of age or older; (3) Inmates granted judicial relea... |
Section 5145.17 | Contracts for sale of roadmaking materials.
...f the Revised Code with any department, public institution, or subdivision of the state or with any person and for furnishing and delivering the roadmaking material for use upon the appropriate roads, streets, and highways. (B) Any money received for roadmaking materials prepared by prisoners shall be deposited into the Ohio penal industries manufacturing fund created pursuant to section 5120.29 of the Revised Code ... |
Section 5145.18 | Printing or binding.
...tion and correction, the department of public safety in connection with the registration of motor vehicles, and for any other purpose authorized by division (B) of section 5145.03 and by sections 5145.16 and 5145.161 of the Revised Code. |
Section 5145.21 | Arrest and return of escaped prisoner.
...The warden of a state correctional institution shall arrest and again commit to the institution a convict who escapes from the institution and is found at large, whether the term for which he was sentenced to imprisonment has expired. |
Section 5145.22 | Record of vital statistics and medical records.
...(A) A physician, clinical nurse specialist, or certified nurse practitioner who is designated by the department of rehabilitation and correction shall keep a correct record of vital statistics of the penitentiary, containing the name, nationality or race, weight, stature, former occupation, and family history of each prisoner, a statement of the condition of the heart, lungs, and other leading organs, rate of the pul... |
Section 5145.24 | Administrative release for certain escapees.
...(A) The director of rehabilitation and correction may grant an administrative release, as defined in section 2967.01 of the Revised Code, to a prisoner who escaped from a state correctional institution and whose whereabouts are unknown when both of the following apply: (1) The ninetieth anniversary of the prisoner's birth has passed; (2) A period of at least twenty years has passed since the date of the prisoner's ... |
Section 5145.27 | Prohibited acts.
...No officer of employee of a state correctional institution, contractor, or the employee of such contractor, shall make a present to, receive a present from, or have barter or dealings with a convict. An officer shall not receive compensation for his services other than that prescribed by law, or for an act or service which he performs for or on behalf of a contractor, or the agent, or employee of such contractor.... |
Section 5145.28 | Participation in research program.
...With the approval of the director of rehabilitation and correction, convicts in state correctional institutions may voluntarily participate, as research subjects, in medical research programs approved by the director. Any remuneration received from a researcher for participation by convict volunteer research subjects shall be paid into the prisoner's aid fund to provide books and other educational materials for the i... |
Section 5145.30 | Exercise activity and equipment - clothing.
...(A) As used in this section: (1) Free weight exercise equipment means any equipment or device that is designed to increase the muscle mass and physical strength of the person using it. Free weight exercise equipment includes, but is not limited to, barbells, dumbbells, weight plates, and similar free weight-type equipment and other devices that the department of rehabilitation and correction, in rules adopted under ... |
Section 5145.31 | Improper internet access - state penitentiary.
...(A) As used in this section, "computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code. (B) No officer or employee of a correctional institution under the control or supervision of the department of rehabilitation and correction shall provide a prisoner access to or permit a prisone... |
Section 5147.07 | Purchasing supplies.
...No articles or supplies manufactured under this section or sections 5147.12 to 5147.22 of the Revised Code by the labor of convicts of state correctional institutions shall be purchased from any other source for the state or its institutions unless the department of administrative services, in consultation with the department of rehabilitation and correction, determines that the articles or supplies cannot be furnish... |
Section 5147.12 | Labor of prisoners not to be sold.
...The labor or time of any person confined in any workhouse or jail shall not be let, farmed out, given, sold, or contracted to any person. Work performed under a work-release program authorized under section 5147.28 of the Revised Code is not in violation of this section. This section does not apply to any person serving a periodic sentence under division (B) of section 2929.26 of the Revised Code, insofar as that ... |
Section 5147.13 | Prisoners in workhouses or jails may be employed to manufacture articles for public institutions.
...e of articles used by any department or public institution belonging to or controlled by the political subdivisions supporting or contributing to the support of any such workhouse or jail or to any political subdivision of the state. |
Section 5147.14 | Authority to procure equipment.
...The board or officer in charge of any workhouse or jail may provide, prepare, and procure machinery, power, and shop room for the manufacture of the articles specified in section 5147.13 of the Revised Code, and may employ such persons as may be necessary to instruct persons confined in such workhouses or jails in such manufacture. |
Section 5147.15 | Employment of prisoners.
...Except for articles manufactured in a county jail industry program established under section 5147.30 of the Revised Code, no articles other than those specified in section 5147.13 of the Revised Code shall be manufactured by the labor of prisoners in any jail or workhouse. This section does not prevent the employment by any political subdivision of any person so confined, elsewhere than within the jail or workhouse w... |
Section 5147.16 | Purchase or lease beds of limestone, or other suitable road-building material.
... for the construction or maintenance of public roads in such county and employ a superintendent to supervise the work. When such property is purchased or leased, the board shall make the arrangements necessary to work the convicts of the county. |
Section 5147.17 | Sentence of hard labor in county.
...When the board of county commissioners has secured property and completed arrangements for the working of its prisoners as provided in section 5147.16 of the Revised Code, a court or magistrate may sentence persons convicted of offenses, the punishment of which is, in whole or in part, imprisonment in the county jail or workhouse, to be imprisoned at hard labor within such county for the same terms or periods as are ... |
Section 5147.18 | Duty of county commissioners to work prisoners at hard labor.
...In counties which have secured property and completed arrangements for the working of their convicts, the board of county commissioners, whenever practicable, shall cause to be worked as provided in sections 5147.01 to 5147.26, inclusive, of the Revised Code, all convicts sentenced to imprisonment at hard labor, and also all male convicts, physically capable of performing hard labor, confined in the county jail or wo... |
Section 5147.19 | Control of prisoners at hard labor.
...Except for prisoners participating in a county jail industry program established under section 5147.30 of the Revised Code, prisoners sentenced to hard labor under section 5147.18 of the Revised Code shall be under the control of the board of county commissioners, which may enact rules for the successful working of those prisoners according to sections 5147.01 to 5147.20 of the Revised Code. Sections 5147.01 to 5147.... |
Section 5147.20 | Resentence of prisoner sick or incapacitated for work.
...When a prisoner sentenced to imprisonment at hard labor under section 5147.17 of the Revised Code, becomes sick or incapacitated for work, or the board of county commissioners finds it impracticable to employ him, the prisoner shall be taken forthwith before the court or magistrate which imposed the sentence and he shall be resentenced to confinement in the jail or a workhouse for the unexpired portion of his senten... |
Section 5147.21 | Board of county commissioners may employ superintendent.
...The board of county commissioners may employ a superintendent and such guards and attendants as are necessary for the safekeeping, proper working, and welfare of its convicts, and, in all other respects, shall make efficient the service contemplated in sections 5147.01 to 5147.26, inclusive, of the Revised Code. |
Section 5147.22 | Earnings of prisoners.
...Except for prisoners participating in a county jail industry program established under section 5147.30 of the Revised Code, the board of county commissioners, or officer in charge of any workhouse or jail, shall place to the credit of each prisoner the amount of the prisoner's earnings that the board or officer considers equitable and just, taking into consideration the character of the prisoner, the nature of the cr... |
Section 5147.27 | Temporary details to specified labor.
...The department of rehabilitation and correction, in accordance with rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, may detail, temporarily, from a state correctional institution, with the consent of the managing officer of the institution, any inmates under its control, to perform specified labor. |
Section 5147.28 | Court may establish work-release program.
...(A) The court of common pleas and each municipal and county court in a county in which all of those courts agree on uniform standards may provide by rule for a work-release program to permit any prisoner in a county or city jail or workhouse, other than a prisoner sentenced under a non-suspendable sentence, to be employed with the prisoner's consent outside of the jail or workhouse. In any county in which the common ... |
Section 5147.29 | Collection and disbursal of prisoner's earnings from work-release program.
...(A) A prisoner participating in a work-release program shall surrender his earnings, less standard payroll deductions required by law, to a person designated by the court which has established the work-release program. (B) The person designated by the court to collect the earnings of the prisoner shall maintain complete and accurate records as to all prisoners employed in a work-release program with respect to all m... |
Section 5147.30 | County jail industry program.
... located within or outside the jail, in public works, in institutional jobs necessary for the proper maintenance and operation of the jail, or in any other appropriate form of labor. The county shall attempt to employ, provide employment for, and seek employment for as many prisoners as possible through the program. The county is not required to provide employment for every employable prisoner when the available fund... |
Section 5149.01 | Adult parole authority definitions.
...As used in Chapter 5149. of the Revised Code: (A) "Authority" means the adult parole authority created by section 5149.02 of the Revised Code. (B) "State correctional institution," "pardon," "commutation," "reprieve," "parole," "head of a state correctional institution," "convict," "prisoner," "parolee," "final release," and "parole violator" have the same meanings as in section 2967.01 of the Revised Code. ... |
Section 5149.02 | Adult parole authority.
...There is hereby created in the division of parole and community services of the department of rehabilitation and correction at bureau level an adult parole authority. The adult parole authority consists of its chief, a field services section, and a parole board. The director of rehabilitation and correction shall appoint the chief of the adult parole authority, one or more superintendents of the field services sec... |
Section 5149.03 | Duties of adult parole authority.
...(A) The adult parole authority shall administer Chapter 5149. and the provisions of Chapter 2967., Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.06, and 2951.08 of the Revised Code that impose duties upon the authority. The authority may enter into a written agreement with a person or government entity to share information, personnel, and services for one or more of the following purposes: training... |
Section 5149.031 | Use of private vehicle by parole officer on duty.
...No parole officer employed by the adult parole authority shall be required while engaged in the course of the parole officer's employment or official responsibilities for the adult parole authority to use the parole officer's privately owned motor vehicle to transport any offender, an offender's relatives or associates, or any urine sample. |
Section 5149.04 | Field services section.
...iding maximum protection to the general public. All state and local officials shall furnish such information to officers of the section as they may request in the performance of their duties. (B) The superintendent, or superintendents, of the field services section shall be a person, or persons, especially qualified by training and experience in the field of corrections. The superintendent, or superintendents, ... |
Section 5149.05 | Training requirements for permission to carry firearm.
...The chief of the adult parole authority may grant an employee permission to carry a firearm in the discharge of the employee's official duties if the employee has successfully completed a basic firearm training program that is approved by the executive director of the Ohio peace officer training commission. In order to continue to carry a firearm in the discharge of the employee's official duties, the employee annual... |
Section 5149.06 | Duties of field services section.
...One of the primary duties of the field services section is to assist the counties in developing their own probation services on either a single-county or multiple-county basis. The section, within limits of available personnel and funds, may supervise selected probationers from local courts. |
Section 5149.07 | Maintenance of files and records.
...ecord. The report shall conform to the requirements of Section 11 of Article III, Ohio Constitution. The department shall conduct research relative to the functioning of clemency, probation, and parole as part of the adult corrections program in this state, which research shall be designed to yield information upon which the division of parole and community services, the department of rehabilitation and corr... |
Section 5149.08 | Attorney general duties.
...The attorney general is the legal adviser of the adult parole authority, its officers and employees, and neither the authority nor any of its officers or employees shall employ or be represented in its or his official capacity by any other counsel or attorney at law. |
Section 5149.09 | Appointing officers and employees.
...The chief of the division of parole and community services is the principal appointing authority of the adult parole authority, and the chief shall appoint all officers and employees of the authority except for those officers appointed by the director of rehabilitation and correction pursuant to section 5149.02 or division (B) of section 5149.10 of the Revised Code. |
Section 5149.10 | Parole board.
...(A)(1) The parole board shall consist of up to twelve members, one of whom shall be designated as chairperson by the director of the department of rehabilitation and correction and who shall continue as chairperson until a successor is designated, and any other personnel that are necessary for the orderly performance of the duties of the board. In addition to the rules authorized by section 5149.02 of the Revised Cod... |
Section 5149.101 | Full board hearings.
...of the original offense. (6) A state public defender when designated by the director of the department of rehabilitation and correction pursuant to division (A)(5) of section 120.06 of the Revised Code, private counsel, or some other person designated by the prisoner as a representative, as permitted by the board. (C) Except as otherwise provided in this division, a full board hearing of the parole board is not... |
Section 5149.11 | Oaths - subpoenas - witnesses.
... kept by the adult parole authority are public records. |
Section 5149.12 | General supervision of probation and parole.
...The adult parole authority shall exercise general supervision over the work of all probation and parole officers throughout the state, excluding those appointed in county probation departments and those appointed by municipal judges. |
Section 5149.18 | Interstate compact for supervision of parolees and probationers definitions.
...For the purposes of Chapter 5149. of the Revised Code, all of the following apply: (A) "State, states, or States" means one or several of the fifty states of the United States, Puerto Rico, the Virgin Islands, and the District of Columbia. (B) The term "parole" includes post-release control under section 2967.28 of the Revised Code. (C) The term "probation" includes non-prison sanctions imposed under sections 2929... |
Section 5149.21 | Interstate compact for adult offender supervision.
...ion shall be subject to the same quorum requirements of meetings where members are present in person. The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings. The interstate commission's bylaws shall establish conditions and pr... |
Section 5149.22 | Ohio council for interstate adult offender supervision.
...cuting attorney, a member of the state public defender's office, and a chief probation officer. The attorney general shall appoint one member, who shall be from the bureau of criminal identification and investigation. The director of rehabilitation and correction shall appoint as many additional members as the director considers necessary to fulfill the mission of the compact. The Ohio council for interstate a... |
Section 5149.23 | Deputizing employees to effect return of violators.
...(A) The chief of the adult parole authority may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state. In any matter relating to the return of such a person, any agent so deputized shall have all the powers of a police officer of this state. An... |
Section 5149.24 | Restricting release on bond or final release.
...(A) When a sending state places a hold warrant or a detainer warrant on an offender supervised under the interstate compact for adult offender supervision who is in custody in this state and that warrant does not provide that the offender may be released on bond pending return to the sending state, no court of record in this state has authority to release the offender on bond until the sending state withdraws the war... |
Section 5149.30 | Community corrections program definitions.
...As used in sections 5149.30 to 5149.37 of the Revised Code: (A) "Community corrections programs" include, but are not limited to, probation, parole, preventive or diversionary corrections programs, release-on-recognizance programs, prosecutorial diversion programs, specialized treatment programs for offenders with alcoholism and narcotic addictions, and community control sanctions as defined in section 2929.01 of t... |
Section 5149.31 | Subsidies and standards for community-based corrections programs; Eligibility.
...rporations shall satisfy all applicable requirements under sections 2301.27 and 2301.30 of the Revised Code and, except for sentencing decisions made by a court when use of the risk assessment tool is discretionary, shall utilize the single validated risk assessment tool selected by the department under section 5120.114 of the Revised Code. (2) The department shall give any county, group of counties, or municipal c... |
Section 5149.311 | Establishment and administration of probation improvement grant and probation incentive grant.
...pal, and county courts must satisfy all requirements under sections 2301.27 and 2301.30 of the Revised Code. Except for sentencing decisions made by a court when use of the risk assessment tool is discretionary, in order to be eligible for the probation improvement grant and the probation incentive grant, a court or community-based correctional facility must utilize the single validated risk assessment tool selected ... |
Section 5149.32 | Eligibility for funds from subsidy programs.
...To be eligible for funds from the subsidy programs established under division (A)(1) of section 5149.31 of the Revised Code, a municipal corporation, county, or group of counties shall comply with all of the following that are relevant: (A) Maintain programs that meet the standards adopted under division (A)(2) of section 5149.31 of the Revised Code; (B) Demonstrate that it has made efforts to unify or coordi... |
Section 5149.33 | Prohibiting reducing local funding.
...No municipal corporation, county, or group of counties receiving a subsidy under division (A)(1) of section 5149.31 of the Revised Code shall reduce, by the amount of the subsidy it receives or by a greater or lesser amount, the amount of local, nonfederal funds it expends for corrections, including, but not limited to, the amount of local, nonfederal funds it expends for the operation of the county, multicount... |
Section 5149.34 | Local corrections planning board.
...ular county is not able to satisfy the requirements specified in division (A)(1) of this section for the composition of such a board, the director of rehabilitation and correction may waive the requirements to the extent necessary and approve a composition for the board that otherwise is consistent with the requirements. (B) Each local corrections planning board established pursuant to division (A) of this sec... |
Section 5149.35 | Joint county corrections planning board.
...The boards of county commissioners of two or more counties may enter into an agreement for the joint development, implementation, and operation of community corrections programs and may establish and maintain a joint county corrections planning board. Subject to division (A)(2) of section 5149.34 of the Revised Code, the board shall consist of an equal number of members of each county's local corrections planning boa... |
Section 5149.36 | Awarding subsidies to eligible municipal corporations and counties.
...Subject to appropriations by the general assembly, the department of rehabilitation and correction shall award subsidies to eligible municipal corporations, counties, and groups of counties pursuant to the subsidy programs described in division (A)(1) of section 5149.31 of the Revised Code only in accordance with criteria that the department shall specify in rules adopted pursuant to Chapter 119. of the Revised Code.... |
Section 5149.37 | No limitation on powers of department of rehabilitation and correction.
...No provision of sections 5149.30 to 5149.36 of the Revised Code shall be construed to impose limitations upon the power of the department of rehabilitation and correction under Chapters 5120. and 5149. of the Revised Code to afford municipal corporations and counties with and to supervise their probation, parole, and other corrections services. |
Section 5149.38 | Memorandum of understanding regarding local confinement.
...(A) In each voluntary county, subject to division (B) of this section and not later than the deadlines established by the department of rehabilitation and correction in division (B)(3)(b)(ii) of section 2929.34 of the Revised Code, a county commissioner representing the board of county commissioners of the county, the administrative judge of the general division of the court of common pleas of the county, the sheriff... |
Section 5153.01 | County children services definitions.
...(A) As used in the Revised Code, "public children services agency" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by this chapter for a county. (B) As used in this chapter: (1) "Certified foster home" means a foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the ... |
Section 5153.02 | Who may serve as county public children services agency.
...Each county shall have a public children services agency. Any of the following may be the public children services agency: (A) A county children services board; (B) A county department of job and family services; (C) A private or government entity designated under section 307.981 of the Revised Code. |
Section 5153.03 | Appointment to county board.
...f a county children services board is a public children services agency for a county, the board of county commissioners shall appoint five members of the county children services board and for good cause may remove any member so appointed. Each of these members shall be appointed for the term of four years, but the board shall stagger their terms so that the terms of not more than two of the required members of the b... |
Section 5153.04 | Officers - meetings.
...A county children services board appointed under section 5153.03 of the Revised Code shall elect one of its members as chairperson and another as secretary. The chairperson may appoint committees composed of board members and other persons interested in child care. A majority of the members of the board shall constitute a quorum, and the action of a majority of the members present shall constitute the action of the b... |
Section 5153.05 | Advisory committee on children services.
...ection 5153.03 of the Revised Code is a public children services agency for a county, the board may appoint an advisory committee on children services. If an entity specified in division (B) or (C) of section 5153.02 of the Revised Code is a public children services agency for a county, the board of county commissioners may appoint an advisory committee on children services. If appointed, an advisory committee may do... |
Section 5153.06 | Employment contract with executive director.
...The county children services board may enter into a written contract with the board's executive director specifying terms and conditions of the executive director's employment. The executive director shall not be in the classified civil service. The period of the contract shall not exceed three years. Such a contract shall in no way abridge the right of the county children services board to terminate the employment o... |
Section 5153.10 | Executive director - inquiry into community conditions.
...Each public children services agency shall designate an executive officer known as the "executive director," who shall not be in the classified civil service. The superintendent of the children's home, the county director of job and family services, or other individual may serve as the executive director. The agency shall, from time to time, inquire into community conditions affecting the welfare of children and stu... |
Section 5153.11 | Executive director - powers and duties.
...rector shall administer the work of the public children services agency, subject to the rules of the agency. With the approval of the agency, the executive director shall appoint all other employees except the superintendent of any institution maintained by the agency. Such superintendent shall appoint all employees in any such institution. Upon the advice of one or more reputable practicing physicians, the executiv... |
Section 5153.111 | Criminal records check.
...(A)(1) The executive director of a public children services agency shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the agency for employment as a person responsible for the care, custody, or control of a child. If the applicant does not present proof that the applicant has been a resident o... |
Section 5153.112 | Caseworker qualifications.
...must meet at least all of the following requirements: (a) Be in compliance with training requirements; (b) Has not received any formal discipline during the twelve months preceding the employee's five-year anniversary date; (c) Is not the subject of any investigation into allegations of professional misconduct. (C) This section applies only to persons hired on or after October 5, 2000, and does not apply to a... |
Section 5153.113 | Fitness of child welfare applicant.
...der consideration for a position with a public children services agency to work, with or without monetary gain or compensation, as a person responsible for the care, custody, or control of a child; (3) "Volunteer applicant" means a person who is under consideration for a position with a public children services agency to perform services within the agency voluntarily, without monetary gain or compensation, as a pe... |
Section 5153.12 | Classified civil service status of employees.
...All employees of the public children services agency shall be in the classified civil service. The agency may establish compensation rates and vacation benefits for any of its employees. Insofar as practicable, all employees holding positions in the classified service, whose duties are transferred by this section to the agency, shall be continued, with like status, by the appointing authority before any other appoint... |
Section 5153.121 | Permitting employee sharing between department and county board.
...(A) The board of county commissioners and the county children services board may agree to permit any employee of the department of children and youth also to perform duties for the county children services board, or to permit any employee of the county children services board also to perform duties for the department of children and youth. (B) An agreement made under division (A) of this section may require the bo... |
Section 5153.122 | Caseworker in-service training.
...cept that the executive director of the public children services agency may waive the training requirement for a school of social work graduate who participated in the university partnership program described in division (E) of section 5101.141 of the Revised Code and as provided in section 5153.124 of the Revised Code. The training shall consist of courses in all of the following: (A) Recognizing, accepting repor... |
Section 5153.123 | Caseworker supervisor in-service training.
...Each PCSA caseworker supervisor shall complete in-service training during the first year of the supervisor's continuous employment as a PCSA caseworker supervisor. The training shall include courses in screening reports of child abuse, neglect, or dependency. After a PCSA caseworker supervisor's first year of continuous employment as a PCSA caseworker supervisor, the supervisor annually shall complete thirty hours of... |
Section 5153.124 | Rules implementing training requirements.
... under which an executive director of a public children services agency may waive portions of in-service training for PCSA caseworkers, in addition to the waiver described in section 5153.122 of the Revised Code. (B) Notwithstanding sections 5103.37 to 5103.42 and sections 5153.122 to 5153.127 of the Revised Code, the department of children and youth may require additional training for PCSA caseworkers and PCSA ca... |
Section 5153.125 | Determining caseworker's training needs.
...eworker's compliance with, the training requirements of section 5153.122 of the Revised Code. Once every two years, each PCSA caseworker and the caseworker's supervisor shall jointly complete the caseworker's individual training needs assessment created under section 5103.37 of the Revised Code. |
Section 5153.126 | Determining supervisor's training needs.
...ervisor's compliance with, the training requirements of section 5153.123 of the Revised Code. Once every two years, each PCSA caseworker supervisor and the executive director of the public children services agency employing the supervisor, or the person designated by the executive director, shall jointly complete the supervisor's individual training needs assessment created under section 5103.37 of the Revised Code. |
Section 5153.127 | Collect and maintaining data from individual training needs assessment forms.
...The executive director of each public children services agency or a person designated by the executive director shall collect and maintain the data from individual training needs assessments completed under sections 5153.125 and 5153.126 of the Revised Code for each PCSA caseworker and PCSA caseworker supervisor employed by the agency. The executive director or designated person shall compile and forward the data col... |
Section 5153.13 | Bonds.
...e county in such sum as is fixed by the public children services agency, with sufficient surety, conditioned upon the faithful performance of official duties and the full and faithful accounting of all funds and properties of the agency or county coming into the executive director's hands. Except as otherwise provided in section 3.061 of the Revised Code, before entering upon such duties, the executive director shall... |
Section 5153.131 | Liability insurance.
...A public children services agency may procure a policy or policies of insurance insuring employees of the agency, volunteers, foster caregivers associated with the agency, and, if a county children services board is the public children services agency, board members against liability arising from the performance of their official duties. |
Section 5153.14 | Reports.
...pare and submit an annual report to the public children services agency at the end of each calendar year and shall file copies of such report with the department of children and youth, the board of county commissioners, and the juvenile court. The executive director shall submit the inspection reports required under section 5153.16 of the Revised Code and such other reports as are required by law, by the rules of the... |
Section 5153.15 | Vesting powers in single county agency.
... of children, needing or likely to need public care or services, shall be vested in a single agency of county government, namely, a county department of job and family services or a county children services board. |
Section 5153.16 | Duties of agency.
...half of children in the county whom the public children services agency considers to be in need of public care or protective services, the public children services agency shall do all of the following: (1) Make an investigation concerning any child alleged to be an abused, neglected, or dependent child; (2) Enter into agreements with the parent, guardian, or other person having legal custody of any child, or wi... |
Section 5153.161 | Place for providing care.
...tural ties. (B) Care provided by the public children services agency under division (A)(5) of section 5153.16 of the Revised Code shall be provided by the agency, by its own means or through other available resources, in the child's own home, in the home of a relative or qualified nonrelative, or in a certified foster home, any other home approved by the court, receiving home, school, hospital, convalescent home, ... |
Section 5153.162 | Operation, acquisition, or maintenance of children's home, training school, or other institution for care of children.
...ion or other political subdivision, the public children services agency may acquire, operate, and maintain such an institution. The agency may enter into an agreement with a municipal corporation, a board of education, and the board of county commissioners, or with any one of them, to provide for the maintenance and operation of children's training schools. The agreement may provide for the contribution of funds by t... |
Section 5153.163 | Payments to adoptive parent of child with special needs; kinship guardian assistance.
...fore a child's adoption is finalized, a public children services agency may enter into an agreement with the child's adoptive parent under which the agency, to the extent state funds are available, may make state adoption maintenance subsidy payments as needed on behalf of the child when all of the following apply: (a) The child is a child with special needs. (b) The child was placed in the adoptive home by a p... |
Section 5153.165 | Emergency benefits and services necessary to prevent removal or permit return of child to home.
... Chapter 2151. of the Revised Code, the public children services agency shall determine whether the child could remain safely with, or be safely returned to, the family if the emergency were alleviated by providing benefits and services under the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code. If it is determined that the child could remain safely with, or be safel... |
Section 5153.166 | Additional rules governing agency performance of duties.
...ren and youth may adopt rules governing public children services agencies' performance of their family services duties, including the family services duties that public children services agencies have under sections 5153.16 to 5153.19 of the Revised Code. |
Section 5153.17 | Maintenance of records.
...(A) Each public children services agency shall prepare and keep written records of all of the following: (1) Investigations of families, children, and foster homes; (2) The care, training, and treatment afforded to children; (3) Such other records as are required by the department of children and youth. (B) Records under division (A) of this section shall be confidential, but, except as provided by divisi... |
Section 5153.171 | Request for information concerning deceased child whose death may have been caused by abuse, neglect, or other criminal conduct.
...(A) On receipt by a public children services agency of a request for the release of information about a child under eighteen years of age who was a resident of the county served by the agency at the time of death and whose death may have been caused by abuse, neglect, or other criminal conduct, the director of the agency immediately shall confer with the prosecuting attorney of that county. After the executive direct... |
Section 5153.172 | Information concerning deceased child whose death may have been caused by abuse, neglect, or other criminal conduct.
...or to which the child was referred by a public children services agency; (4) Actions taken by a public children services agency in response to any report of abuse or neglect of which the child was the subject. (B) No person may release, pursuant to a request made under this section concerning a deceased child, the name of any person or entity that made a report or participated in making a report of child abuse or n... |
Section 5153.173 | Court determination against disclosure.
...e of death determines, on motion of the public children services agency, that disclosing the information would not be in the best interest of a sibling of the deceased child or another child residing in the household the child resided in at the time of death. |
Section 5153.175 | Information regarding fitness of child care license applicant to be provided.
...e pertaining to confidentiality, when a public children services agency has determined that child abuse or neglect occurred and that abuse or neglect involves a person who has applied for licensure as a type A family child care home or type B family child care home, the agency shall promptly provide to the department of children and youth any information the agency determines to be relevant for the purpose of evaluat... |
Section 5153.176 | Information concerning child abuse or neglect by licensee.
...g to confidentiality, the director of a public children services agency shall promptly provide to the superintendent of public instruction information regarding the agency's investigation of a report of child abuse or neglect made pursuant to section 2151.421 of the Revised Code involving a person who holds a license issued by the state board of education where the agency has determined that child abuse or neglect oc... |
Section 5153.18 | Public children services agency - executive director - powers and duties.
...(A) The public children services agency shall have the capacity possessed by natural persons to institute proceedings in any court. (B) When appointed by the probate court exercising jurisdiction in adoption proceedings, the executive director may act as next friend of any child and perform the duties of such next friend. (C) When appointed by the probate court, in lieu of a guardian, in accordance with section 211... |
Section 5153.19 | Determining ability to pay cost of care.
...The public children services agency shall, before entering into any agreement obligating the agency with respect to the care of any child, determine the ability of the child, parent, guardian, or other person to pay for the cost of such care, having due regard for other dependents. Such determination shall, if accepted by the parent, guardian, or other person, be made a part of such agreement. If the executive direc... |
Section 5153.20 | Cost of care charged to county of legal residence.
...tion, the cost of care furnished by the public children services agency or the board of county commissioners to any child having a legal residence in another county shall be charged to the county of legal residence. No expense shall be incurred by the agency or the board of county commissioners, on account of such care, except for temporary or emergency care, without the consent of the agency or board of county commi... |
Section 5153.21 | Establishing children's home.
...ion 5103.03 of the Revised Code and the requirements of sections 5103.05 and 5103.051 of the Revised Code. |
Section 5153.22 | Furnishing of institutional care to children of county.
... institutional care are inadequate, the public children services agency may, subject to the approval of the department of children and youth and the board of county commissioners, enter into an agreement with the public children services agency of, or a certified organization located in, another county, or with the board of trustees of any district or semipublic children's home, or with any agency or institution outs... |
Section 5153.23 | Superintendent of home - powers and duties.
...the rules, standards, and orders of the public children services agency. |
Section 5153.24 | Admission, removal and transfer of children to children's home.
...The children to be admitted for care in a county children's home, the period during which such children shall be cared for therein, and the removal and transfer of children therefrom shall be determined by the executive secretary, subject to the agreement, surrender, or commitment respecting any particular child. |
Section 5153.25 | Industrial, agricultural, and other pursuits.
...uch home as are deemed expedient by the public children services agency. Any products of such pursuits not needed to maintain the home may be sold, and all receipts from such sales shall be paid into the county treasury. |
Section 5153.26 | Fund for payment of emergency accounts.
...dent of the county children's home, the public children services agency may issue orders upon the county auditor for the payment to such superintendent of a sum, not exceeding two hundred dollars at any one time, to be designated the fund for the payment of emergency accounts, and to be used and accounted for by the superintendent. The amounts so paid in any year, after the first full year of operation, shall not exc... |
Section 5153.27 | Department of children and youth certification.
...A public children services agency operating a children's home or other institution is subject to sections 5103.03 and 5103.04 of the Revised Code respecting certification by the department of children and youth. |
Section 5153.28 | Reporting child in need of public care.
...of the state shall make a report to the public children services agency respecting any child in the county coming to their attention, who is deemed to be in need of public care. No child shall be kept or maintained in any county home, except with the approval of the public children services agency of such county. |
Section 5153.29 | Sale, lease or other use of county children's home.
...me, may, upon the recommendation of the public children services agency and with the approval of the department of children and youth, abandon the use of such home and proceed to sell or lease the site, building, furniture, and equipment of such home in the manner most advantageous to the county, or it may use the home for other necessary and proper purposes. The net proceeds of any such sale or lease shall be paid i... |
Section 5153.30 | Accepting gifts and bequests.
...The public children services agency may accept and receive bequests, donations, and gifts of funds or property, real or personal, for child care and services. The facilities or services to be established or maintained through any such gift shall be subject to the approval of the department of children and youth. |
Section 5153.31 | Institution or agency - transfer of power and duties.
... are transferred by this chapter to the public children services agency, the proceeds of all tax levies in process of collection, the unexpended balances of all current appropriations for the use of such agencies and institutions, and the custody of all wards of such agencies and institutions, shall be deemed transferred to the agency. |
Section 5153.32 | Transfer from corporation to child welfare institution or agency.
...ransfer such funds or properties to the public children services agency, to be used for the purposes for which such funds or property were acquired. The transfer of such funds or properties to the agency shall be a full discharge of the obligation or liability of such corporation and its trustees with respect to the funds and properties so transferred. |
Section 5153.33 | Investing funds.
...Funds in the hands of the public children services agency, donated or transferred to such agency under sections 5153.31 and 5153.32 of the Revised Code, and which are not immediately needed, may be invested in bonds of the United States or of any political subdivision of the state. |
Section 5153.34 | Acquiring property and equipment.
...The public children services agency may acquire such property and equipment and purchase such supplies and services as are necessary for the proper conduct of its work, including the ownership, operation, and maintenance of motor vehicles. Neither the director nor an employee of the agency shall sell or supply any article to the agency, or to any institution maintained by such agency, or be personally interested in a... |
Section 5153.35 | Levying taxes and making appropriations for public children services agency.
...appropriations sufficient to enable the public children services agency to perform its functions and duties under this chapter. If the board of county commissioners levies a tax for children services and the children services functions are transferred from a county children services board to the department of children and youth, or from the department of children and youth to a county children services board, the lev... |
Section 5153.36 | Joint board for establishment of district children's home.
...ur, may, upon the recommendation of the public children services agencies of such counties, and subject to the approval of the department of children and youth form themselves into a joint board, and proceed to organize a district for the establishment and support of a children's home, by using a site and buildings already established in one such county, or by providing for the purchase of a site and the erection of ... |
Section 5153.37 | Annual assessment of taxes for support of home.
...The board of county commissioners of any county having a children's home, and the joint boards of county commissioners of district children's homes, shall make annual assessments of taxes sufficient to support and defray all necessary expenses of such home. |
Section 5153.38 | Accepting gifts and bequests.
...When any person donates or bequeaths the person's real or personal estate, or any part thereof, to the use and benefit of a district children's home, the board of trustees of the home may accept and use such donation or bequest as they deem for the best interests of the institution, and consistent with the conditions of such bequest. The facilities or services to be established or maintained through any such gift sha... |
Section 5153.39 | Appointing board of trustees.
...Immediately upon the organization of the joint board of county commissioners as provided by section 5153.36 of the Revised Code, or as soon thereafter as practicable, such joint board of county commissioners shall appoint a board of five trustees, which shall hold office and perform it duties until the first annual meeting after the choice of an established site and buildings or after the selection and purchase of a ... |
Section 5153.40 | Meetings.
...A majority of the board of trustees appointed under section 5153.39 of the Revised Code constitutes a quorum. Board meetings shall be held quarterly. The executive secretary of each of the counties of the district organized pursuant to section 5153.36 of the Revised Code shall attend such meetings, or shall designate a member of his staff to do so. The members of the board shall receive no compensation for their serv... |
Section 5153.41 | Superintendent of home - bond - powers and duties.
...The board of trustees of a district children's home shall appoint the superintendent thereof. Before entering upon his duties such superintendent shall give a bond to the board, in such sum as it fixes, with sufficient surety, conditioned upon the faithful performance of his duties and the full and faithful accounting of the funds and properties coming into his hands. The superintendent shall appoint all employees, ... |
Section 5153.42 | Management and operation of district children's homes.
...en's homes and shall be subject to the requirements of sections 5103.05 and 5103.051 of the Revised Code. |
Section 5153.43 | Site of district children's home.
...When the board of trustees appointed under section 5153.39 of the Revised Code does not choose an established institution in one of the counties of the district it may select a suitable site for the erection of a district children's home. Such site must be easily accessible, and when, in the judgment of the board, it is equally conducive to health, economy in purchasing or in building, and to the general interest of ... |
Section 5153.44 | Appointing trustees.
...Each county in the district, organized under section 5153.36 of the Revised Code, shall be entitled to one trustee, and in districts composed of but two counties, each county shall be entitled to not less than two trustees. The county in which a district children's home is located shall have not less than two trustees, who, in the interim period between the regular meetings of the board of trustees, shall act as an e... |
Section 5153.45 | Removal - vacancy.
...The joint board of county commissioners organized under section 5153.36 of the Revised Code may remove any trustee appointed under section 5153.39 of the Revised Code, but no such removal shall be made on account of the religious or political opinion of such trustee. The trustee appointed to fill any vacancy shall hold his office for the unexpired term of his predecessor. |
Section 5153.46 | Powers between selection and purchase of site, and erection and occupancy.
...ther expenses necessary to the wants or requirements of the home, which are not otherwise provided for. The board of trustees shall make a complete settlement with the joint board of county commissioners once each six months, or quarterly if required, and shall make a full report of the condition of the home and inmates, as provided by section 5153.14 of the Revised Code. |
Section 5153.47 | Control of farm.
...The choice of an established site and buildings, or the purchase of a site, stock, implements, and general farm equipment, should there be a farm, the erection of buildings, and the completion and furnishing of the district children's home for occupancy, shall be in the hands of the joint board of county commissioners organized under section 5153.36 of the Revised Code. Such joint board of county commissioners may de... |
Section 5153.48 | Appraising value of site and buildings.
...When an established site and buildings are used for a district children's home the joint board of county commissioners organized under section 5153.36 of the Revised Code shall cause the value of such site and buildings to be properly appraised. This appraisal value, or in case of the purchase of a site, the purchase price and the cost of all betterments and additions thereto, shall be paid by the counties comprising... |
Section 5153.49 | County withdrawing from district.
...ict may, upon the recommendation of the public children services agency, and subject to the approval of the department of children and youth, withdraw from such district and dispose of its interest in such home by selling or leasing its right, title, and interest in the site, buildings, furniture, and equipment to any counties in the district, at such price and on such terms as are agreed upon among the boards of cou... |
Section 5153.50 | Meeting of county auditors of counties comprising district.
...The county auditors of the several counties composing a children's home district, shall meet at the district children's home, not less than once in six months, to adjust accounts and to transact such other duties in connection with the institution as pertain to the business of their office. |
Section 5153.51 | Expenses of county commissioners.
...Members of the board of county commissioners who meet by appointment to consider the organization of a district children's home, shall, upon presentation of properly certified accounts, be paid their necessary expenses upon a warrant drawn by the county auditor of their county. |
Section 5153.52 | County may support private children's homes.
...The board of county commissioners of any county which has no county children's home may aid an incorporated children's home or other unincorporated society, whose object is the care, aid, and education of neglected or destitute children, by contributing toward the purchase of land for such home or society, the erection of buildings by it, or of additions to existing buildings, or other improvements, to an amount not ... |
Section 5153.53 | Operating buses for educational purposes.
...The public children services agency may purchase, operate, and maintain buses to be used for educational purposes. The operation and maintenance of such buses shall be according to the law relating to school buses. |
Section 5153.99 | Penalty.
...l district, educational service center, public or nonpublic school, or county board of developmental disabilities where the license holder works any physical or mental wound, injury, disability, or condition of a nature that constitutes abuse or neglect of the child. |
Section 5155.01 | Contracts for new buildings and additions.
...r administrator of the county home is a public employee, the superintendent or administrator is the county home's appointing authority and may employ an administrative assistant and additional necessary personnel, at rates of wages to be fixed by the board of county commissioners, as may not be found available on the part of the residents of the facility. (2) If the superintendent or administrator is not a public em... |
Section 5155.011 | Transfer of control of county home to county hospital trustees.
...(A) As used in this chapter, "operator" means a board of county hospital trustees acting under an agreement, or pursuant to a resolution adopted by the board of county commissioners, as provided in this section. (B) The board of county commissioners may transfer operational control of the county home to the board of county hospital trustees of a county hospital located in the county by either of the following means:... |
Section 5155.012 | Board may enter contract for management of county home.
...ioners may enter into a contract with a public or private entity to aid the board in the execution of its powers and duties for the management and good government of the county home. Pursuant to such a contract, the board may authorize a public or private entity to select a superintendent or administrator for the county home. A superintendent or administrator may not be selected pursuant to a contract without the ... |
Section 5155.02 | Record of board's transactions respecting county home.
...hall at all reasonable times be open to public inspection. The operator shall keep a record of its transactions regarding the county home in the manner provided in sections 305.10 and 305.11 of the Revised Code. The record shall be open to public inspection at all reasonable times. |
Section 5155.03 | Appointment of superintendent or administrator or contract with public or private entity.
...ised Code, enter into a contract with a public or private entity that agrees to select a superintendent or administrator with the advice and consent of the board. (B) The superintendent or administrator may reside on the premises of the county home or another building contiguous to the county home. The superintendent or administrator and any administrative assistant shall each be allowed actual necessary expenses in... |
Section 5155.04 | Bond.
...Except as otherwise provided in section 3.061 of the Revised Code, before entering upon official duties, the superintendent or administrator of the county home shall give bond as the board of county commissioners or operator requires, with a surety acceptable to the board or operator, conditioned for the faithful discharge of the duties of that office. The bond, with the approval of the board or operator and the oath... |
Section 5155.08 | Leave without acknowledgement of supervisor.
...nistrator, if he believes it is for the public welfare that such resident should be returned to the home, may pursue and retake such resident. However, if the resident contends that the public welfare will not be furthered by his return, the superintendent or administrator shall file an affidavit, in the court of common pleas of the county in which such home is located in which he shall set forth the name and reside... |
Section 5155.09 | Hearing.
...When an affidavit has been filed as provided by section 5155.08 of the Revised Code, the resident shall be brought forthwith before the court of common pleas, whereupon a hearing shall be had as in a prosecution for misdemeanor. Such resident is entitled, on demand, to a jury trial, but if no such demand is made on his first appearance before the court such trial is deemed waived and the cause shall be heard by the c... |
Section 5155.10 | Order to return resident to home.
...of the Revised Code, that it is for the public welfare that a resident of a county home who left without the acknowledgement of the superintendent or administrator should be returned to such home, the court shall so order and shall issue an order authorizing the superintendent or administrator to take and keep such resident in the home until the further order of the court. |
Section 5155.11 | Duties of prosecuting attorney.
...On the request of the superintendent or administrator of the county home the prosecuting attorney shall prepare the affidavit provided for by section 5155.08 of the Revised Code, and shall also represent the complainant at the hearing provided for by section 5155.09 of the Revised Code. |
Section 5155.12 | Subpoena of witnesses.
...Witnesses may be subpoenaed on a hearing under section 5155.09 of the Revised Code. They shall be entitled to receive the same fees and mileage as provided by section 2335.08 of the Revised Code. Such subpoenas may be served by the sheriff or the superintendent or administrator of the county home. The sheriff and the jurors shall receive the same fees and mileage as provided by sections 311.17 and 2313.22 of th... |
Section 5155.13 | Superintendent or administrator compensation and expenses.
...The superintendent or administrator of the county home shall receive no extra compensation for his services under sections 5155.08 to 5155.12 of the Revised Code, except his actual expense in pursuing a resident who left the home, to be paid out of the county home fund. |
Section 5155.14 | Reserve fund.
...At the request of the superintendent or administrator of the county home, the board of county commissioners or operator shall set apart from the county home fund, a reserve fund not to exceed five thousand dollars at any time, which, upon the order of the board or operator shall be paid to the superintendent or administrator and expended as needed for emergency supplies and expenses. The superintendent or admi... |
Section 5155.15 | Vouchers for payments.
...The county auditor shall receive vouchers given by the board of county commissioners, and countersigned by its clerk to any person other than the commissioners themselves, for labor, provisions, medical attendance, or supplies of any kind furnished to the facility, and shall give the person a warrant on the county treasurer for the proper amount. The treasurer shall pay such warrant from the county home fund, and the... |
Section 5155.16 | Annual report.
...The superintendent or administrator or, if operational control has been transferred to an operator under section 5155.011 of the Revised Code, the operator of the county home shall submit to the board of county commissioners an annual report. The report shall show all of the following: (A) The number of residents at the beginning of the year, the number admitted during the year, the number born in the home, and the ... |
Section 5155.19 | Monthly report.
...The board of county commissioners or the operator may require the superintendent or administrator of the county home to submit to the board of county commissioners and, if applicable, to the operator a monthly report . The monthly report may contain any or all of the following: (A) The number of residents at the beginning of each month; (B) The number of residents admitted during the month; (C) The number of resid... |
Section 5155.21 | Removal of resident.
...The superintendent or administrator of the county home may remove any person who is a resident of the home and who has no legal settlement in the state, to the county and state where such person has a legal settlement. |
Section 5155.22 | Admission to county home.
...In any county having a county home, when the superintendent or administrator, after making the inquiry provided by law, is of the opinion that the person complained of is entitled to admission to such home, he shall forthwith complete a statement of facts showing cause for admission to the home. If it appears that such person is legally settled in the township or has no legal settlement in this state, or that such se... |
Section 5155.23 | Possession of property of persons entering county homes.
...When a person becomes a resident of a county home, and is possessed of or is the owner of property, real or personal, or has an interest in remainder, or is in any manner legally entitled to a gift, legacy, or bequest, the board of county commissioners or the superintendent or administrator of the county home shall seek to secure possession of such property by filing a petition in the probate court of the county in w... |
Section 5155.24 | Distributing proceeds of sale of property.
...(A) The net proceeds arising from the sale of the property of a resident of a county home, under section 5155.23 of the Revised Code, shall be paid to the county treasurer, and by him placed to the credit of such person, to be paid out on the warrant of the county auditor, upon the order of the board of county commissioners. The superintendent or administrator of the county home shall open an account with the person ... |
Section 5155.25 | Balance paid resident upon discharge.
...When a resident of a county home is discharged from a county home, and his property or effects have been disposed of and the proceeds applied as provided by sections 5155.23 and 5155.24 of the Revised Code, any balance due in favor of such person on the books of the facility shall be paid to him by the superintendent or administrator of such facility, or, in case of his death, shall be paid to his legal representativ... |
Section 5155.26 | Exempting property from possession proceedings.
...A board of county commissioners shall not seek to take charge of property in the manner prescribed by section 5155.23 of the Revised Code if the guardian, spouse, heirs, or persons entitled to the residuary interest in such property give bond to the board or officers to their satisfaction, and if, at such times as the board requires, such persons pay into the hands of the superintendent or administrator of the county... |
Section 5155.261 | Lien in lieu of taking property.
...A board of county commissioners shall not be required to take charge of property in the manner prescribed by section 5155.23 of the Revised Code, if it determines that a lien may be taken on property of a person who becomes a resident of a county home. In such event a lien as provided in this section may be taken and, if taken, shall remain a lien until satisfied. For the period during which such person remains a res... |
Section 5155.27 | Medical care contract.
...The board of county commissioners or operator may contract with one or more competent physicians to furnish medical relief and medicines necessary for the residents of the county home, but no contract shall extend beyond one year. Medical statistics shall be kept by the facility. Those statistics shall show the nature and extent of the services rendered, to whom they were rendered, and the character of the diseases ... |
Section 5155.28 | Sub-acute detoxification services.
...(A) As used in this section: (1) "Nursing facility" has the same meaning as in section 5165.01 of the Revised Code. (2) "PASRR" means the preadmission screening and annual resident review of individuals with mental illnesses and intellectual disabilities required by the "Social Security Act," 42 U.S.C. 1396r(e)(7). (B) A county home or district home that is a nursing facility may provide sub-acute detoxifica... |
Section 5155.31 | Closing of home - subsequent care.
...(A) As used in this section, "county nursing home" means a facility that is owned and operated by the county or, if the board of county commissioners has transferred operational authority of the county home to a board of county hospital trustees, is operated by the board of county hospital trustees and that is used for the reception and care of individuals who by reason of illness or physical or mental impairment req... |
Section 5155.32 | Screening of residents after closing of home.
...After a county home has been closed as provided in section 5155.31 of the Revised Code, the board of county commissioners, or a person appointed by the board for that purpose, shall determine who is eligible for county care, and shall certify and convey persons determined eligible to the county home with which a contract has been made under such section, and shall perform all the duties of the superintendent or admin... |
Section 5155.33 | Sale or lease of county home farm.
...After a county home has been closed as provided by section 5155.31 of the Revised Code, the board of county commissioners may sell or lease any part of the county home farm, and all receipts from such sales or leases shall be paid to the county treasurer and credited to the general county fund, and shall be subject to appropriation for such purposes as the board decides. |
Section 5155.34 | District homes.
...The boards of county commissioners of two or more counties may form themselves into a joint board of county commissioners for the purpose of establishing a "district home." For such purpose a joint board of county commissioners may use a county home site and buildings already established in one such county, or, it may purchase a new site and erect suitable buildings thereon, provided existing county homes in such cou... |
Section 5155.35 | Apportioning costs of district homes.
...The expense of operating a district home shall be apportioned among the counties of the district in proportion to the amount of care given to former residents of the respective counties. The superintendent or administrator of such home shall keep exact records showing each day's enrollment and attendance of residents from each county, and shall report such enrollment and attendance monthly to the county auditor of ea... |
Section 5155.38 | Certification of long-term care beds.
...As used in this section, "long-term care bed" has the same meaning as in section 3702.51 of the Revised Code. The operator of each county home and each county nursing home shall, not later than November 1, 2009, certify to the director of health the number of long-term care beds that were in operation in the home on July 1, 1993. The certification shall be accompanied by any documentation requested by the dire... |
Section 5160.01 | Definitions.
...As used in this chapter: (A) "Dual eligible individual" has the same meaning as in the "Social Security Act," section 1915(h)(2)(B), 42 U.S.C. 1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid enrollee (MME). (B) "Exchange" has the same meaning as in 45 C.F.R. 155.20. (C) "Federal financial participation" means the federal government's share of expenditures made by an entity in implementing a medic... |
Section 5160.011 | References to department or director of other agencies.
...rences to the department or director of public welfare, department or director of human services, department or director of job and family services, department or director of children and youth, office of medical assistance, or medical assistance director in any statute, rule, contract, grant, or other document is deemed to refer to the department of medicaid or medicaid director, as the case may be, to the extent th... |
Section 5160.02 | Rules.
...The medicaid director shall adopt rules as necessary to implement this chapter. |
Section 5160.021 | Adoption of rules.
...bject to the notice, hearing, or other requirements of sections 119.06 to 119.13 of the Revised Code. |
Section 5160.03 | Authority of medicaid director.
...The medicaid director is the executive head of the department of medicaid. All duties conferred on the department by law or order of the director are under the director's control and shall be performed in accordance with rules the director adopts. |
Section 5160.04 | Assistant director; powers and duties.
...The medicaid director shall appoint one assistant director for the department of medicaid. The assistant director shall exercise powers, and perform duties, as ordered by the medicaid director. The assistant director shall act as the medicaid director in the medicaid director's absence or disability and when the position of medicaid director is vacant. |
Section 5160.05 | Appointment of employees.
...The medicaid director may appoint such employees as are necessary for the efficient operation of the department of medicaid. The director may prescribe the title and duties of the employees. |
Section 5160.051 | Filling positions with peculiar and exceptional qualifications.
...If the medicaid director determines that a position with the department of medicaid can best be filled in accordance with division (A)(2) of section 124.30 of the Revised Code or without regard to a residency requirement established by a rule adopted by the director of administrative services, the medicaid director shall provide the director of administrative services certification of the determination. |
Section 5160.052 | Procedures and formats for section 109.5721 notices.
...The department of medicaid shall collaborate with the superintendent of the bureau of criminal identification and investigation to develop procedures and formats necessary to produce the notices described in division (D) of section 109.5721 of the Revised Code in a format that is acceptable for use by the department. The medicaid director may adopt rules under section 5160.02 of the Revised Code necessary for such co... |
Section 5160.06 | Fidelity bonds.
...charged with custody or control of any public money or property or who is required to give bond, to give a bond, properly conditioned, in a sum to be fixed by the director which when approved by the director, shall be filed in the office of the secretary of state. The cost of such bonds, when approved by the director, shall be paid from funds available for the department. The bonds required or authorized by th... |
Section 5160.10 | Expending funds.
...The medicaid director may expend funds appropriated or available to the department of medicaid from persons and government entities. For purposes of this section, the director may enter into contracts or agreements with persons and government entities and make grants to persons and government entities. To the extent permitted by federal law, the director may advance funds to a grantee when necessary for the gra... |
Section 5160.11 | State health care grants fund.
...f such projects, and shall comply with requirements the foundations have stipulated in their agreements with the department as to the purposes for which the money may be expended. |
Section 5160.12 | Seeking federal financial participation for costs incurred by entity implementing program administered by department.
...eriod of time; (5) Establish any other requirements determined by the department to be necessary for the efficient administration of the agreement. (F) An entity that receives federal financial participation pursuant to this section for a program aiding children and their families shall establish a process for collaborative planning with the department for the use of the funds to improve and expand the progra... |
Section 5160.13 | Maximizing receipt of federal revenue.
...lso directly enter into contracts with public entities providing revenue maximization services. |
Section 5160.16 | Appointment of agents.
...The department of medicaid may appoint and commission any competent person to serve as a special agent, investigator, or representative to perform a designated duty for and on behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the following: (A) The person's name; (B) The agency with which the person is connected; (C) ... |
Section 5160.20 | Audits and investigations; authority of department.
...he subject of the audit report is not a public record under section 149.43 of the Revised Code. (D) The medicaid director may adopt rules under section 5160.02 of the Revised Code as necessary to implement this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. |
Section 5160.21 | Audit of medical assistance recipient.
...On the request of the medicaid director, the auditor of state may conduct an audit of any medical assistance recipient. If the auditor decides to conduct an audit under this section, the auditor shall enter into an interagency agreement with the department of medicaid that specifies that the auditor agrees to comply with section 5160.45 of the Revised Code with respect to any information the auditor receives pu... |
Section 5160.22 | Examination of records regarding medical assistance programs.
...(A) The auditor of state and attorney general, or their designees, may examine any records, whether in computer or printed format, in the possession of the medicaid director or any county director of job and family services, regarding medical assistance programs. The auditor of state and attorney general shall do both of the following regarding the records: (1) Provide safeguards that restrict access to the re... |
Section 5160.23 | Audit costs.
...The auditor of state is responsible for the costs the auditor incurs in carrying out the auditor's duties under sections 5160.21 and 5160.22 of the Revised Code. |
Section 5160.29 | Verification of eligibility for medical assistance program.
...ment status in other state-administered public assistance programs within and outside the state. ( B) As part of the process of determining an individual's eligibility for a medical assistance program, each applicant, or a person acting on the applicant's behalf, shall verify the applicant's identity. (C)(1) The department of medicaid shall sign a memorandum of understanding with any department, agency, or divisi... |
Section 5160.291 | Changes affecting eligibility.
...(A)(1) As information described in division (A) of section 5160.29 of the Revised Code is received by the department of medicaid or an entity with which the department has entered into an agreement under section 5160.30 of the Revised Code, the department or entity shall do both of the following on at least a quarterly basis and in accordance with federal regulations: (a) Review the information to determine whet... |
Section 5160.292 | Medicaid eligibility fraud.
...If a violation of section 2913.401 of the Revised Code or a similar offense is suspected in the process of determining or redetermining a medical assistance recipient's eligibility, the case shall be referred for investigation to the county prosecutor of the county in which the medical assistance recipient resides, referred for an administrative disqualification hearing, or both. |
Section 5160.293 | Construction.
...Nothing in sections 5160.29 to 5160.292 of the Revised Code prevents the department of medicaid or any entity with which the department has entered into an agreement under section 5160.30 of the Revised Code from doing either of the following: (A) Receiving or reviewing information related to individuals' eligibility for a medical assistance program beyond the information specified in division (A) of section 5160.... |
Section 5160.30 | Administrative activities for medical assistance programs.
...(A) Except as provided in divisions (B) and (C) of this section, the department of medicaid may accept applications, determine eligibility, redetermine eligibility, and perform related administrative activities for medical assistance programs. (B) The department may enter into agreements with one or more agencies of the federal government, the state, other states, and local governments of this or other states... |
Section 5160.31 | Appeals regarding determination of eligibility for medical assistance program.
...(A) A medical assistance recipient may appeal a decision regarding the recipient's eligibility for a medical assistance program or services available to the recipient under a medical assistance program. (B) Regarding appeals authorized by this section, the department of medicaid shall do one or more of the following: (1) Administer an appeals process similar to the appeals process established under section 51... |
Section 5160.34 | Medical assistance programs with prior authorization requirements.
...otice of Changes to Prior Authorization Requirements." The notice is not required to contain a complete listing of all changes made to the prior authorization requirements, but shall include specific information on where the health care provider may locate the information on the department's or its designee's web site or, if applicable, the department's or its designee's portal. (c) All participating health care pro... |
Section 5160.35 | Recovery of medical support definitions.
...edical item or service in the case of a public assistance recipient. (3) "Third party" does not include the program for children and youth with special health care needs established under section 3701.023 of the Revised Code. |
Section 5160.37 | Right of recovery for cost of medical assistance.
...(A) A medical assistance recipient's enrollment in a medical assistance program gives an automatic right of recovery to the department of medicaid and a county department of job and family services against the liability of a third party for the cost of medical assistance paid on behalf of the recipient. When an action or claim is brought against a third party by a medical assistance recipient, any payment, settlement... |
Section 5160.371 | Disclosure of third-party payer information.
...In addition to the requirement of division (C) of section 5160.37 of the Revised Code to cooperate with the department of medicaid and county department of job and family services, a medical assistance recipient and the recipient's attorney, if any, shall cooperate with each medical provider of the recipient. Cooperation with a medical provider shall consist of disclosing to the provider all information the rec... |
Section 5160.38 | Assignment of rights to department.
...(A) The application for, or enrollment in, a medical assistance program constitutes an automatic assignment of rights specified in division (B) of this section to the department of medicaid. This assignment includes the rights of the medical assistance recipient and also the rights of any other member of the assistance group for whom the recipient can legally make an assignment. (B) Pursuant to this section, ... |
Section 5160.39 | Third-party cooperation regarding liability information.
...e information is confidential and not a public record under section 149.43 of the Revised Code. (2) The release of information to the department is not to be considered a violation of any right of confidentiality or contract that the third party may have with covered persons including, but not limited to, contractees, beneficiaries, heirs, assignees, and subscribers. (3) The third party is immune from any liab... |
Section 5160.40 | Third-party duties; medicaid managed care organizations.
... or service. (C) For purposes of the requirements in division (B) of this section, a third party shall treat a medicaid managed care organization as the department for a claim if the individual who is the subject of the claim received a medical item or service through a medicaid managed care organization and the department has assigned its right of recovery for the claim to the medicaid managed care organization. ... |
Section 5160.401 | Finality of payments.
...(A) A payment made by a third party under division (B)(5) of section 5160.40 of the Revised Code on a claim for payment of a medical item or service provided to a medical assistance recipient is final on the date that is two years after the payment was made to the department of medicaid or the applicable medicaid managed care organization. After a claim is final, the claim is subject to adjustment only if an action f... |
Section 5160.41 | Excluded considerations for third-party medical assistance.
...No third party shall consider whether an individual is eligible for or enrolled in a medical assistance program when either of the following applies: (A) The individual seeks to obtain a policy or enroll in a plan or program operated or administered by the third party; (B) The individual, or a person or governmental entity on the individual's behalf, seeks payment for a medical item or service provided to the... |
Section 5160.42 | Sanctions against third parties for violations.
...(A) If a third party violates section 5160.39, 5160.40, or 5160.41 of the Revised Code, a governmental entity that is responsible for issuing a license, certificate of authority, registration, or approval that authorizes the third party to do business in this state may impose a fine against the third party or deny, revoke, or terminate the third party's license, certificate, registration, or approval to do busi... |
Section 5160.43 | Adoption of rules regarding recovery of costs.
...(A) The medicaid director may adopt rules under section 5160.02 of the Revised Code to implement sections 5160.35 to 5160.43 of the Revised Code, including rules that specify what constitutes cooperating with efforts to obtain support or payments, or medical assistance payments, and when cooperation may be waived. (B) The department shall adopt rules under section 5160.02 of the Revised Code to do all of the... |
Section 5160.45 | Disclosure of medical assistance information.
...ative or legal guardian that meets all requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., regulations promulgated by the United States department of health and human services to implement the act, section 5160.46 of the Revised Code, and any rules authorized by section 5160.48 of the Revised Code; (4) A health information or health records management entit... |
Section 5160.46 | Authorization form.
...(A) For the purposes of section 5160.45 of the Revised Code, an authorization shall be made on a form that uses language understandable to the average person and contains all of the following: (1) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion; (2) The name or other specific identification of the person or class of persons authori... |
Section 5160.47 | Membership in the public assistance reporting information system and other multistate cooperatives.
... participate as an active member in the public assistance reporting information system; (2) Explore joining other multistate cooperatives, such as the national accuracy clearinghouse, to identify individuals enrolled in public assistance programs outside of this state. (B) The department may disclose information regarding a medical assistance recipient to the extent necessary to participate as an active member in t... |
Section 5160.471 | Review to determine eligibility for federal military-related health care benefits.
...edicaid shall review information in the public assistance reporting information system to determine whether an individual who is a medical assistance recipient may be eligible for federal military-related health care benefits. If the department determines that the individual may be eligible for federal military-related health care benefits, it shall notify the individual of the potential eligibility and encourage the... |
Section 5160.48 | Rules for conditions and procedures for the release of information.
...(A) The medicaid director shall adopt rules under section 5160.02 of the Revised Code implementing sections 5160.45 to 5160.481 of the Revised Code and governing the custody, use, disclosure, and preservation of the information generated or received by the department of medicaid, county departments of job and family services, other state and county entities, contractors, grantees, private entities, or officials... |
Section 5160.481 | Adoption of rules by other agencies.
...481 of the Revised Code to prevent the publication or disclosure of names, lists, or other information concerning those recipients. |
Section 5160.50 | Refugee medical assistance program.
...The department of medicaid shall administer the refugee medical assistance program authorized by the "Immigration and Nationality Act," section 412(e), 8 U.S.C. 1522(e). |
Section 5160.52 | Authority to enter into interstate compacts for provision of medical assistance to children.
...The medicaid director may provide for the department of medicaid to develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with agencies of any other states, for the provision of medical assistance to children in relation to whom all of the following apply: (A) They have special needs. (B) This state or another state that is a party to the... |
Section 5160.99 | Penalty for unlawful disclosure of information.
...Whoever violates division (B) of section 5160.45 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 5161.01 | Definitions.
...(A) As used in the Revised Code, "children's health insurance program" and, when used as an acronym for the children's health insurance program, "CHIP" mean the program of child health assistance authorized by Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II, and CHIP part III, as authorized by this chapter, are components of CHIP. Any reference in statute enacted by th... |
Section 5161.02 | Rules for administration of CHIP.
...The medicaid director may adopt rules in accordance with Chapter 119. of the Revised Code as necessary for the efficient administration of the children's health insurance program, including rules that establish all of the following: (A) The conditions under which the program will pay for health benefits coverage; (B) The method of the payment; (C) The amount of payment, or the method by which the amount is t... |
Section 5161.05 | Continued operation of federal component.
...The medicaid director may continue to operate the component of the children's health insurance program initially authorized by an executive order issued under section 107.17 of the Revised Code as long as federal financial participation is available for the program. If operated, the component shall pay for part or all of the cost of health benefits coverage for uninsured individuals under nineteen years of age ... |
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.
... (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 section. |
Section 5161.22 | Imposing restrictions where federal financial participation for CHIP parts II or III insufficient.
...t or parts or may make the eligibility requirements more restrictive for the part or parts. |
Section 5161.24 | Cost-sharing by individual receiving health assistance under CHIP part II.
...To the extent permitted by the "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.
...To the extent permitted by the "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 th... |
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.
...ividual who meets all of the following requirements: (1) Is the parent of a child who is under nineteen years of age, resides with the parent, and is enrolled in the children's health insurance program part I or II or the medicaid program; (2) Is uninsured; (3) Has a family income that does not exceed one hundred per cent of the federal poverty line. (B) A waiver request the director submits under division (... |
Section 5162.01 | Definitions.
...(A) As used in the Revised Code: (1) "Medicaid" and "medicaid program" mean the program of medical assistance established by 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 ... |
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.
...The medicaid director shall adopt rules under 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.
...C.F.R. 431.10(e) and all other federal requirements applicable to the single state agency. |
Section 5162.031 | Powers of director.
...(A) The medicaid director may do all of the following as necessary for the department of medicaid to fulfill the duties it has, as the single state agency for the medicaid program, under the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003" Pub. L. No. 108-173: (1) Adopt rules in accordance with division (B) of this section; (2) Assign duties to county departments of job and family ser... |
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.
...g demonstration grants, that establish requirements for components of the medicaid program; (D) Except as otherwise authorized by a federal medicaid waiver granted by the United States secretary, all applicable federal statutes, regulations, and policy guidances; (E) All applicable state statutes. |
Section 5162.06 | Components requiring federal approval or funding.
...(A) Notwithstanding any other 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 co... |
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 5162.10 | Review of medicaid program; corrective action; sanctions.
...The medicaid director may conduct reviews of the medicaid program. The reviews may include physical inspections of records and sites where medicaid services are provided and interviews of medicaid providers and medicaid recipients. If the director determines pursuant to a review that a person or government entity has violated a rule governing the medicaid program, the director may establish a corrective action ... |
Section 5162.11 | Contract for data collection and warehouse functions assessment.
...icaid agencies in the definition of the requirements for an enhanced data system or a new data system and assist the department of administrative services in the preparation of a request for proposals to enhance or develop a data system. (B) Based on the assessment performed pursuant to division (A) of this section, the department of administrative services shall seek a qualified vendor through competitive selecti... |
Section 5162.12 | Contracts for the management of Medicaid data requests.
...(A) The medicaid director shall enter into a contract with one or more persons to receive and process, on the director's behalf, requests for medicaid recipient or claims payment data, data from reports of audits conducted under section 5165.109 of the Revised Code, or extracts or analyses of any of the foregoing data made by persons who intend to use the items prepared pursuant to the requests for commercial or acad... |
Section 5162.13 | Annual report.
... shall make the report available to the public. (C) The department shall provide to the joint medicaid oversight committee a copy of the data used to calculate the information required in the report under division (A)(16) of this section. |
Section 5162.132 | Annual report outlining efforts to minimize fraud, waste, and abuse.
...ort also shall be made available to the public on request. |
Section 5162.133 | Annual program report; distribution; contents.
...Not less than once each year, the medicaid director shall submit a report on the medicaid buy-in for workers with disabilities program to the governor, general assembly, and joint medicaid oversight committee. The copy to the general assembly shall be submitted in accordance with section 101.68 of the Revised Code. The report shall include all of the following information: (A) The number of individuals who pa... |
Section 5162.134 | Annual report of integrated care delivery system evaluation.
... shall make the report available to the public. |
Section 5162.135 | Infant mortality scorecard.
...(A) As used in this section, "stillbirth" has the same meaning as in section 5180.12 of the Revised Code. (B) The department of medicaid shall create an infant mortality scorecard. The scorecard shall report all of the following: (1) The performance of the fee-for-service component of medicaid and each medicaid managed care organization on population health measures, including the infant mortality rate, preterm... |
Section 5162.136 | Review of barriers to interventions intended to reduce tobacco use, prevent prematurity, and promote optimal birth spacing.
...(A) The department of medicaid shall conduct periodic reviews to determine the barriers that medicaid recipients face in gaining full access to interventions intended to reduce tobacco use, prevent prematurity, and promote optimal birth spacing. The first review shall occur not later than sixty days after the effective date of this section. Thereafter, reviews shall be conducted every six months. The department shal... |
Section 5162.137 | Cost savings study.
...Annually, the department of medicaid shall conduct a cost savings study of the medicaid program and prepare a report based on that study recommending measures to reduce costs under that program. The department shall submit its report to the governor. |
Section 5162.1310 | Evaluation of success of expansion eligibility group.
...(A) The department of medicaid shall periodically evaluate the success that members of the expansion eligibility group have with the following: (1) Obtaining employer-sponsored health insurance coverage; (2) Improving health conditions that would otherwise prevent or inhibit stable employment; (3) Improving the conditions of their employment, including duration and hours of employment. (B) For the purpose of ... |
Section 5162.15 | Information required where annual medicaid payments exceed $5 million.
...(A) As used in this section; "Agent" and "contractor" include any agent, contractor, subcontractor, or other person who, on behalf of an entity, furnishes or authorizes the furnishing of medicaid services, performs billing or coding functions, or is involved in monitoring of health care that an entity provides. "Employee" includes any officer or employee (including management employees) of an entity. "Entity... |
Section 5162.16 | Reporting fraud, waste, or abuse.
...A government entity that administers one or more components of the medicaid program and has reasonable cause to believe that an instance of fraud, waste, or abuse has occurred in the medicaid program shall inform the department of medicaid. The department shall collect the information in the medicaid data warehouse system established under section 5162.11 of the Revised Code. |
Section 5162.20 | Cost-sharing requirements.
...f medicaid shall institute cost-sharing requirements for the medicaid program. The department shall not institute cost-sharing requirements in a manner that does either of the following: (1) Disproportionately impacts the ability of medicaid recipients with chronic illnesses to obtain medically necessary medicaid services; (2) Violates section 5164.09 or 5164.10 of the Revised Code. (B)(1) No provider shall ref... |
Section 5162.21 | Medicaid estate recovery program.
...(A) As used in this section and section 5162.211 of the Revised Code: (1) "Estate" includes both of the following: (a) All real and personal property and other assets to be administered under Title XXI of the Revised Code and property that would be administered under that title if not for section 2113.03 or 2113.031 of the Revised Code; (b) Any other real and personal property and other assets in which an in... |
Section 5162.211 | Lien against property of recipient or spouse as part of estate recovery program.
...(A) Except as provided in division (B) of this section and section 5162.23 of the Revised Code, no lien may be imposed against the property of an individual before the individual's death on account of medicaid services correctly paid or to be paid on the individual's behalf. (B) Except as provided in division (C) of this section, the department of medicaid may impose a lien against the real property of a medi... |
Section 5162.212 | Certification of amounts due under estate recovery program; collection.
... section, shall comply with all of the requirements that must be met for the state to receive federal financial participation for the costs incurred in entering into the contract and carrying out actions under the contract. The contract may provide for the person or government entity with which the attorney general contracts to be compensated from the property recovered under the medicaid estate recovery progr... |
Section 5162.22 | Transfer of personal needs allowance account.
...(A) As used in this section: (1) "Commissioner" means a person appointed by a probate court under division (E) of section 2113.03 of the Revised Code to act as a commissioner. (2) "Home" has the same meaning as in section 3721.10 of the Revised Code. (3) "Personal needs allowance account" means an account or petty cash fund that holds the money of a resident of a residential facility or home and that the fac... |
Section 5162.23 | Recovering benefits incorrectly paid.
...(A) The medicaid director shall adopt rules under section 5162.02 of the Revised Code permitting county departments of job and family services to take action to recover benefits incorrectly paid on behalf of medicaid recipients. The rules shall provide for recovery by the following methods: (1) Soliciting voluntary payments from recipients or from persons holding property in which a recipient has a legal or e... |
Section 5162.24 | Recovering health care costs provided to child.
...(A) As used in this section, "third party" has the same meaning as in section 5160.35 of the Revised Code. (B) In addition to the authority granted under section 5160.38 of the Revised Code, the department of medicaid may, to the extent necessary to reimburse its costs, garnish the wages, salary, or other employment income of, and withhold amounts from state tax refunds to, any person to whom both of the follo... |
Section 5162.30 | Medicaid administrative claiming program.
...(A) The medicaid director shall create a medicaid administrative claiming program under which federal financial participation is received for the administrative costs incurred by the department of health and the Arthur G. James cancer hospital and Richard J. Solove research institute of the Ohio state university in analyzing and evaluating both of the following pursuant to sections 3701.261 and 3701.262 of the ... |
Section 5162.31 | Local funds expended for administration of the healthy start component.
...Local funds, whether from public or private sources, expended by a county department of job and family services for administration of the healthy start component shall be considered to have been expended by the state for the purpose of determining the extent to which the state has complied with any federal requirement that the state provide funds to match federal financial participation for the medicaid program... |
Section 5162.32 | Contracts with political subdivisions to pay nonfederal share.
...The department of medicaid may enter into contracts with political subdivisions to use funds of the political subdivision to pay the nonfederal share of expenditures under the medicaid program. The determination and provision of federal financial participation to a subdivision entering into a contract under this section shall be determined by the department, subject to section 5162.40 of the Revised Code. |
Section 5162.35 | Contracts for administration of components.
...iew, audit, and corrective action plan requirements. A contract with a state agency shall be in the form of an interagency agreement. A state agency or political subdivision that enters into a contract with the department under this section shall reimburse the department for the nonfederal share of the cost to the department of performing, or contracting for the performance of, a fiscal audit of the component... |
Section 5162.36 | Medicaid school component.
...The medicaid director shall create, in accordance with sections 5162.36 to 5 162.366 of the Revised Code, the medicaid school component of the medicaid program. |
Section 5162.361 | Claim by qualified medicaid school provider.
...A qualified medicaid school provider participating in the medicaid school component of the medicaid program may submit a claim to the department of medicaid for federal financial participation for providing, in schools, services covered by the medicaid school component to medicaid recipients who are eligible for the services. No qualified medicaid school provider may submit such a claim before the provider incurs the... |
Section 5162.362 | Federal financial participation for medicaid school claims.
...The department of medicaid shall seek federal financial participation for each claim a qualified medicaid school provider properly submits to the department under section 5162.361 of the Revised Code. The department shall disburse the federal financial participation the department receives from the federal government for such a claim to the qualified medicaid school provider that submitted the claim. The depart... |
Section 5162.363 | Administration of medicaid school component.
...The department of medicaid shall enter into an interagency agreement with the department of education and workforce under section 5162.35 of the Revised Code that provides for the department of education and workforce to administer the medicaid school component of the medicaid program other than the aspects of the component that sections 5162.36 to 5162.366 of the Revised Code require the department of medicaid to ad... |
Section 5162.364 | Adoption of rules for medicaid school component.
...The medicaid director shall adopt rules under section 5162.02 of the Revised Code as necessary to implement the medicaid school component of the medicaid program, including rules that establish or specify all of the following: (A) Conditions a board of education of a city, local, or exempted school district, a governing board of an educational service center, governing authority of a community school established u... |
Section 5162.365 | Responsibility for repaying overpayments.
...(A) A qualified medicaid school provider is solely responsible for timely repaying any overpayment that the provider receives under the medicaid school component of the medicaid program and that is discovered by a federal or state audit. This is the case regardless of whether the audit's finding identifies the provider, department of medicaid, or department of education and workforce as being responsible for the over... |
Section 5162.366 | Referrals for certain services under the Medicaid School Program.
...(A) Subject to division (B) of this section and for the purpose of a medicaid recipient receiving, in accordance with the recipient's individualized education program, physical therapy services, occupational therapy services, speech-language pathology services, or audiology services under the medicaid school component of the medicaid program: (1) A physical therapist is a licensed practitioner of the healing arts fo... |
Section 5162.37 | Contract approval required.
...Any contract the department of medicaid enters into with the department of mental health and addiction services under section 5162.35 of the Revised Code is subject to the approval of the director of budget and management and shall require or specify all of the following: (A) That section 5162.371 of the Revised Code be complied with; (B) How providers will be paid for providing the services; (C) The respons... |
Section 5162.371 | Contracts with department of mental health and addiction services; payment of nonfederal share of medicaid payment.
...If the department of medicaid enters into a contract with the department of mental health and addiction services under section 5162.35 of the Revised Code, the department of medicaid shall pay the nonfederal share of any medicaid payment to a provider for services under the component, or aspect of the component, the department of mental health and addiction services administers. |
Section 5162.40 | Retaining or collecting percentage of federal financial participation.
...(A) If a state agency or political subdivision administers one or more components of the medicaid program or administers one or more aspects of such a component, the department of medicaid may retain or collect not more than ten per cent of the federal financial participation the state agency or political subdivision obtains through an approved, administrative claim regarding the component or aspect of the component.... |
Section 5162.41 | Retaining or collecting percentage of supplemental payment.
...The department of medicaid may retain or collect a percentage of the federal financial participation included in a supplemental medicaid payment to one or more medicaid providers owned or operated by a state agency or political subdivision that brings the payment to such provider or providers to the upper payment limit established by 42 C.F.R. 447.272. If the department retains or collects a percentage of that federa... |
Section 5162.50 | Health care-federal fund.
...(A) The health care - federal fund is hereby created in the state treasury. All of the following shall be credited to the fund: (1) Funds that division (B) of section 5168.11 of the Revised Code requires be credited to the fund; (2) The federal share of all rebates paid by drug manufacturers to the department of medicaid in accordance with a rebate agreement required by the "Social Security Act," section 192... |
Section 5162.52 | Health care/medicaid support and recoveries fund.
...(A) The health care/medicaid support and recoveries fund is hereby created in the state treasury. All of the following shall be credited to the fund: (1) Except as otherwise provided by statute or as authorized by the controlling board, the nonfederal share of all medicaid-related revenues, collections, and recoveries; (2) Federal reimbursement received for payment adjustments made pursuant to section 1923 of the... |
Section 5162.56 | Health care special activities fund.
...There is created in the state treasury the health care special activities fund. The department of medicaid shall deposit all funds it receives pursuant to the administration of the medicaid program into the fund, other than any such funds that are required by law to be deposited into another fund. The department shall use the money in the fund to pay for expenses related to the services provided under, and the ... |
Section 5162.65 | Refunds and reconciliation fund.
...There is hereby created in the state treasury the refunds and reconciliation fund. Money the department of medicaid receives from a refund or reconciliation shall be deposited into the refunds and reconciliation fund if the department does not know the appropriate fund for the money at the time the department receives the money or if the money is to go to another government entity. Money transferred from the departm... |
Section 5162.66 | Residents protection fund.
...(A) There is hereby created in the state treasury the residents protection fund. All of the following shall be deposited into the fund: (1) The proceeds of all fines, including interest, collected under sections 5165.60 to 5165.89 of the Revised Code; (2) The proceeds of all fines, including interest, collected under section 173.42 of the Revised Code; (3) The portions of civil money penalties and corresponding in... |
Section 5162.70 | Reforms to medicaid program.
...king the medicaid program's eligibility requirements more restrictive, reduce the relative number of individuals enrolled in the medicaid program who have the greatest potential to obtain the income and resources that would enable them to cease enrollment in medicaid and instead obtain health care coverage through employer-sponsored health insurance or an exchange. |
Section 5162.71 | Implementation of systems to improve health and reduce health disparities.
...The medicaid director shall implement within the medicaid program systems that do both of the following: (A) Improve the health of medicaid recipients through the use of population health measures; (B) Reduce health disparities, including, but not limited to, those within racial and ethnic populations. |
Section 5162.72 | Strategies to address social determinants of health.
...The medicaid director shall implement within the medicaid program strategies that address social determinants of health, including employment, housing, transportation, food, interpersonal safety, and toxic stress. |
Section 5162.73 | Dental services for pregnant Medicaid recipients.
...(A) The Department of Medicaid may establish and administer a program to provide dental services to pregnant Medicaid recipients. If the program is established, all of the following shall apply: (1) Medicaid recipients who are members of the group described in section 5163.06 of the Revised Code shall be eligible to receive two dental cleanings per year. (2) The Department shall give priority to those Medicaid r... |
Section 5162.75 | Notification of veteran services.
...The medicaid director shall provide, to a veteran who has submitted an application for the medicaid program, information about the county veterans service office that can assist with investigating and applying for benefits through the United States department of veterans affairs. As used in this section, "veteran" has the same meaning as in section 5901.01 of the Revised Code. |
Section 5162.80 | Good faith estimates for charges and payments.
...(A) A provider of medical services licensed, accredited, or certified under Chapter 3721., 3727., 4715., 4725., 4731., 4732., 4734., 4747., 4753., 4755., 4757., or 4779. of the Revised Code shall provide in writing, before products, services, or procedures are provided, a reasonable, good-faith estimate of all of the following for the provider's non-emergency products, services, or procedures: (1) The amount the pro... |
Section 5162.82 | Payment rate increase report to JMOC.
...Before making any payment rate increases greater than ten per cent under the medicaid program, the medicaid director shall notify the joint medicaid oversight committee of the increase and be available to testify before the joint medicaid oversight committee regarding the increase. |
Section 5163.01 | Definitions.
...As used in this chapter: "Caretaker relative" has the same meaning as in 42 C.F.R. 435.4 as that regulation is amended effective January 1, 2014. "Expansion eligibility group" means the medicaid eligibility group described in section 1902(a)(10)(A)(i)(VIII) of the "Social Security Act," 42 U.S.C. 1396a(a)(10)(A)(i)(VIII). "Federal financial participation" has the same meaning as in section 5160.01 of the Revised C... |
Section 5163.02 | Rules establishing eligibility requirements for medicaid.
... The rules shall establish eligibility requirements for the medicaid program. The rules may establish requirements for applying for medicaid and determining and verifying eligibility for medicaid. The rules shall be adopted in accordance with section 111.15 of the Revised Code. ( Notwithstanding any provision of state law, including statutes, administrative rules, common law, and court rules, regarding real... |
Section 5163.03 | Medicaid coverage.
...(A) Subject to section 5163.05 of the Revised Code, the medicaid program shall cover all mandatory eligibility groups. (B) The medicaid program shall cover all of the optional eligibility groups that state statutes require the medicaid program to cover. (C) The medicaid program may cover any of the optional eligibility groups to which either of the following applies: (1) State statutes expressly permit the medicai... |
Section 5163.05 | Eligibility requirements for aged, blind, and disabled.
...The medicaid program's eligibility requirements for aged, blind, and disabled individuals may be more restrictive than the eligibility requirements for the supplemental security income program. Any such more restrictive eligibility requirements shall be consistent with the 209(b) option described in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f). |
Section 5163.06 | Optional eligibility groups.
...The medicaid program shall cover all of the following optional eligibility groups: (A) The group consisting of children placed with adoptive parents who are specified in section 1902(a)(10)(A)(ii)(VIII) of the "Social Security Act," 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII); (B) Subject to section 5163.061 of the Revised Code, the group consisting of women during pregnancy and the maximum postpartum period permitted ... |
Section 5163.061 | Income eligibility threshold for pregnant women.
...The income eligibility threshold is two hundred per cent of the federal poverty line for women during pregnancy and the postpartum period beginning on the last day of the pregnancy who are covered by the medicaid program under division (B) of section 5163.06 of the Revised Code. |
Section 5163.063 | Medicaid coverage of employed individuals with a disability.
...The medicaid director shall adopt rules under section 5163.02 of the Revised Code as necessary to provide medicaid coverage for the optional eligibility group described in section 1902(a)(10)(A)(ii)(XIII) of the "Social Security Act," 42 U.S.C. 1396a(a)(10)(A)(ii)(XIII). By requiring the medicaid program to provide coverage to the optional eligibility group consisting of employed individuals with disabilities unde... |
Section 5163.07 | Income eligibility threshold for parents and caretaker relatives.
...The medicaid director shall implement the option authorized by the "Social Security Act," section 1931(b)(2)(C), 42 U.S.C. 1396u-1(b)(2)(C), to set the income eligibility threshold at ninety per cent of the federal poverty line for parents and caretaker relatives who are covered by the medicaid program under that section of the "Social Security Act." |
Section 5163.09 | Medicaid buy-in for workers with disabilities program.
...(A) As used in sections 5163.09 to 5163.098 of the Revised Code: "Applicant" means an individual who applies to participate in the medicaid buy-in for workers with disabilities program. "Earned income" has the meaning established by rules authorized by section 5163.098 of the Revised Code. "Employed individual with a medically improved disability" has the same meaning as in the "Social Security Act," section ... |
Section 5163.091 | Qualifications for program.
...idual meets the additional eligibility requirements for the medicaid buy-in for workers with disabilities program established in rules authorized by section 5163.098 of the Revised Code. (C) To the extent required by section 5163.094 of the Revised Code, pays the premium established under that section. |
Section 5163.092 | Resource eligibility limit - annual adjustment.
...(A) Except as provided in division (B) of this section, the maximum value of resources, less amounts disregarded pursuant to rules authorized by section 5163.098 of the Revised Code, that an individual may have without the individual exceeding the resource eligibility limit for the medicaid buy-in for workers with disabilities program shall not exceed ten thousand dollars. (B) Each calendar year, the medicaid... |
Section 5163.093 | Individual income eligibility limit.
...For the purpose of determining whether an individual is within the income eligibility limit for the medicaid buy-in for workers with disabilities program, all of the following apply: (A) Twenty thousand dollars of the individual's earned income shall be disregarded. (B) No amount that the individual's employer pays to obtain health insurance for one or more members of the individual's family, including any a... |
Section 5163.094 | Amount of annual individual premium.
...An individual whose income exceeds one hundred fifty per cent of the federal poverty line shall pay an annual premium as a condition of qualifying for the medicaid buy-in for workers with disabilities program. The amount of the premium shall be determined as follows: (A) Subtract one hundred fifty per cent of the federal poverty line, as applicable for a family size equal to the size of the individual's famil... |
Section 5163.095 | Eligibility not denied due to services received under home and community-based services medicaid waiver component.
...No individual shall be denied eligibility for the medicaid buy-in for workers with disabilities program on the basis that the individual receives services under a home and community-based services medicaid waiver component. |
Section 5163.096 | Continued participation where employment ceases.
...ontinues to meet all other eligibility requirements for the program. |
Section 5163.097 | Director to make federally required changes.
...If the United States secretary of health and human services requires that a provision of the medicaid buy-in for workers with disabilities program be changed or removed in order for the secretary to approve the program or to avoid an extended delay in the secretary's approval, the medicaid director shall make the change or removal. The change or removal may cause the medicaid buy-in for workers with disabilitie... |
Section 5163.098 | Program implementing rules; disregarded income.
...; (3) Establish additional eligibility requirements for the program that must be established for the United States secretary of health and human services to approve the program; (4) For the purpose of division (B) of section 5163.094 of the Revised Code, specify an amount to be subtracted from the difference determined under division (A) of that section. (B) The director may adopt rules under section 5163.02 o... |
Section 5163.10 | Implementation of the presumptive eligibility for pregnant women option.
...(A) As used in this section: ( 1) "Presumptive eligibility for pregnant women option" means the option available under section 1920 of the "Social Security Act," 42 U.S.C. 1396r-1, to make ambulatory prenatal care available to pregnant women under the medicaid program during presumptive eligibility periods. ( 2) "Qualified provider" has the same meaning as in section 1920(b)(2) of the "Social Security Act," 42 U.... |
Section 5163.101 | Implementation of the presumptive eligibility for children option.
...(A) As used in this section: (1) "Children's hospital" has the same meaning as in section 2151.86 of the Revised Code. (2) "Federally qualified health center" has the same meaning as in section 1905(l)(2)(B) of the "Social Security Act," 42 U.S.C. 1396d(l)(2)(B). (3) "Federally qualified health center look-alike" has the same meaning as in section 3701.047 of the Revised Code. (4) "Presumptive eligibility for... |
Section 5163.103 | Presumptive eligibility error rate training.
...(A) As used in this section: (1) "Presumptive eligibility error rate" means the rate at which a qualified entity or qualified provider deems an individual presumptively eligible for medicaid under sections 5163.10 to 5163.102 of the Revised Code when the individual is ineligible for the medicaid program. (2) "Qualified entity" has the same meaning as in section 5163.101 of the Revised Code. (3) "Qualified pr... |
Section 5163.20 | Beneficiary of disability trust.
...If a medicaid recipient is the beneficiary of a trust created pursuant to section 5815.28 of the Revised Code, then, notwithstanding any contrary provision of this chapter or of a rule adopted under section 5163.02 of the Revised Code, divisions (C) and (D) of that section shall apply in determining the assets or resources of the recipient, the recipient's estate, the settlor, or the settlor's estate and to cla... |
Section 5163.21 | Eligibility determinations for cases involving medicaid programs.
...d supplant or replace medicaid or other public assistance; (b) A provision that prohibits the trustee from making payments that would impact or have an effect on the applicant's or recipient's right, ability, or opportunity to receive medicaid or other public assistance; (c) A provision that attempts to prevent the trust or its corpus or principal from being a resource available to the applicant or recipient. (4) ... |
Section 5163.22 | Life insurance policies.
...(A) The general assembly hereby finds that the state has an insurable interest in medicaid recipients because of the state's statutory right to recover from the estate of a recipient state funds used to provide the recipient with medicaid services. (B) As used in this section: (1) "Beneficiary" means the person or entity designated in a life insurance policy to receive the proceeds of the policy on the death... |
Section 5163.30 | Disposal of assets under market value after look-back date.
...(A) As used in this section: (1) "Assets" include all of an individual's income and resources and those of the individual's spouse, including any income or resources the individual or spouse is entitled to but does not receive because of action by any of the following: (a) The individual or spouse; (b) A person or government entity, including a court or administrative agency, with legal authority to act in place o... |
Section 5163.31 | Real property not homestead after 13-month institutional residence.
...(A) Except as provided by division (A) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/IID services, or other medicaid-funded long-term care services, the medicaid director may consider an aged, blind, or disabled individual's real property to not be the individual's homestead or principal place of residence once th... |
Section 5163.32 | Equity interest in home exceeds $500,000.
...(A) Except as otherwise provided by this section, no individual shall qualify for nursing facility services or other medicaid-funded long-term care services if the individual's equity interest in the individual's home exceeds five hundred thousand dollars. The medicaid director shall increase this amount effective January 1, 2011, and the first day of each year thereafter, by the percentage increase in the cons... |
Section 5163.33 | Deducting personal needs allowance from recipient's income.
...(A) In determining the amount of income that a medicaid recipient must apply monthly toward payment of the cost of care in a nursing facility or ICF/IID, a county department of job and family services shall deduct from the recipient's monthly income a monthly personal needs allowance in accordance with the "Social Security Act," section 1902(q), 42 U.S.C. 1396a(q). (B) In the case of a resident of a nursing facility... |
Section 5163.40 | Healthy start component.
...(c) Establishing abbreviated timeliness requirements to shorten the time between receipt of an application and the scheduling of an initial application interview; (d) Establishing a system for telephone scheduling of intake interviews for applicants; (e) Establishing procedures to minimize the time an applicant must spend in completing the application and eligibility determination process, including permitting... |
Section 5163.45 | Confinement of medicaid recipient in correctional facility.
...(A)(1) As used in this section, subject to division (A)(2) of this section, "state or local correctional facility" means any of the following: (a) A "state correctional institution," as defined in section 2967.01 of the Revised Code; (b) A "local correctional facility," as defined in section 2903.13 of the Revised Code; (c) A correctional facility that is privately operated and managed pursuant to section 9.... |
Section 5164.01 | Definitions.
...As used in this chapter: (A) "Adjudication" has the same meaning as in section 119.01 of the Revised Code. (B) "Behavioral health redesign" means revisions to the medicaid program's coverage of community behavioral health services beginning July 1, 2017, including revisions that update medicaid billing codes and payment rates for community behavioral health services. (C) "Clean claim" has the same meaning as in... |
Section 5164.02 | Rules to implement chapter.
...(A) The medicaid director shall adopt rules as necessary to implement this chapter. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. (B) The rules shall establish all of the following: (1) The amount, duration, and scope of the medicaid services covered by the medicaid program; (2) The medicaid payment rate for each medicaid service or, in lieu of the rate, the method by which the ra... |