Ohio Revised Code Search
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Section 5121.051 | Cancelling liability for support.
...the control of the department of mental health and addiction services or the department of developmental disabilities accrued prior to January 1, 1956, including the liability of the patient personally, is hereby canceled, provided that this section does not abrogate any written agreements or security arrangement for the payment of support charges entered into between the state and any patient or liable relativ... |
Section 5121.06 | Persons liable for support.
...(A) The following persons other than the resident or the resident's estate are liable relatives and all the following persons are jointly and severally liable for the support of a resident in an institution under the control of the department of developmental disabilities: (1) The resident or the resident's estate; (2) The resident's spouse; (3) The father or mother, or both, of a minor resident under... |
Section 5121.061 | Modifying support charges.
...The authority of the department of developmental disabilities to modify support charges pursuant to section 5121.04 of the Revised Code shall not be exercised until the resident or liable relative has petitioned the department for modification as provided in section 5121.07 of the Revised Code and has offered to the department satisfactory proof of the resident's or liable relative's earnings and assets. The ... |
Section 5121.07 | Petitioning for release from charges.
...Any person who has been charged with the payment of the support of a resident or for pre-admission care, after-care, day-care, or routine consultation and treatment services in a community service unit under the control of the department of developmental disabilities may petition the department for a release from, or modification of, such charge, and the department, after an investigation, may cancel o... |
Section 5121.08 | Submission of financial information to department.
...The managing officers of the institutions under the control of the department of developmental disabilities and the committing court, if requested, shall submit to the department such information as they may obtain concerning the financial condition of any resident or of relatives liable for the resident's support. |
Section 5121.09 | Appointment of guardian.
...In case the estate of any resident in an institution under the jurisdiction of the department of developmental disabilities is sufficient for the resident's support, without hardship to any others who may be dependent thereon, and no guardian has been appointed for such estate, the agent of the department shall petition the probate court of the proper county to appoint a guardian. |
Section 5121.10 | Claims against estate.
...Upon the death of a resident or former resident of any institution under the jurisdiction of the department of developmental disabilities, or upon the death of a person responsible under section 5121.06 of the Revised Code for the support of a resident, the department may waive the presentation of any claim for support against the estate of such decedent, when in its judgment an otherwise dependent person w... |
Section 5121.11 | Burial or cremation of indigent patient or resident.
...The state shall bear the expense of the burial or cremation of an indigent resident who dies in a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code or in a state correctional institution if the body is not claimed for interment or cremation at the expense of friends or relatives or is not delivered for anatomical purposes or for the study of embalming... |
Section 5121.12 | Collection and payment for support and maintenance of patients and residents.
...The support and maintenance of residents confined in state institutions operated by the department of developmental disabilities under section 5123.03 of the Revised Code, including those transferred to them from state correctional institutions, and also including persons under indictment or conviction for crime, shall be collected and paid in accordance with sections 5121.01 to 5121.21 of the Revised Code. |
Section 5121.20 | Suits by the institutions.
...Claims due a benevolent institution may be sued for in the name of the institution. |
Section 5121.21 | Recovery of payments by relatives.
...If payment of any amount due the state under the provisions of Chapter 5121. of the Revised Code is made on account of a resident by any liable relative, as defined in division (A) of section 5121.06 of the Revised Code, such relative may recover the following amounts from the following persons; provided, that in no event may such relative recover in total more than such relative has paid the state, and provided, tha... |
Section 5121.30 | Community mental health services definitions.
... determined by the department of mental health and addiction services to be equivalent to the assets enumerated in this division. (B) "Federal poverty level" or "FPL" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, ... |
Section 5121.31 | Community mental health services patients maintained at state expense.
...All patients shall be maintained at the expense of the state. The traveling and incidental expenses in conveying them to a hospital shall be paid by the county of commitment. On admission, patients shall be neatly and comfortably clothed. Thereafter, the expense of necessary clothing shall be borne by the responsible relatives or guardian if they are financially able. If not furnished, the state shall bear the expens... |
Section 5121.32 | Annual determination of per diem charge and rate per hospital.
... annual basis, the department of mental health and addiction services shall determine both of the following using generally accepted governmental accounting principles: (A) The per diem charge for each hospital operated by the department; (B) The ancillary per diem rate for each hospital operated by the department. In determining a hospital's per diem charge and ancillary per diem rate, the department shall co... |
Section 5121.33 | Billing cycle charges to patient or relative.
... Revised Code, the department of mental health and addiction services shall, for each billing cycle, charge a patient, patient's estate, or liable relative the amount calculated under division (B) of this section for care and treatment the patient receives in a hospital operated by the department. (B) The amount to be charged under division (A) of this section shall be calculated by multiplying the hospital's per d... |
Section 5121.34 | Joint and several liability of patient, estate, and liable relatives.
...nts charged by the department of mental health and addiction services in accordance with section 5121.33 or 5121.35 of the Revised Code. In no case shall any of the foregoing persons be liable for more than one hundred per cent of the full amount charged under section 5121.33 of the Revised Code. (B) Collections of support payments shall be made by the department and, subject to meeting prior requirements for paym... |
Section 5121.35 | Discounted charges applied to eligible parties.
...The department of mental health and addiction services shall charge a patient, patient's estate, or liable relative an amount discounted from the amount the department charges under section 5121.33 of the Revised Code if the department determines through the application process described in section 5121.36 of the Revised Code or through the financial assessment process described in section 5121.37 of the Revise... |
Section 5121.36 | Application for discount - determination - notice.
...rm prescribed by the director of mental health and addiction services. The department of mental health and addiction services may require a patient, estate, or relative to furnish any of the following with an application form: (1) A copy of the patient's, estate's, or liable relative's federal income tax return for the year preceding the date of application or, if that is not yet available, the preceding year;... |
Section 5121.37 | Financial assessment regarding discount - modification.
...o a hospital, the department of mental health and addiction services shall conduct a financial assessment to determine whether the patient, patient's estate, or liable relative will be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised Code. The department shall make the determination in accordance with sections 5121.40 and 5121.41 of the Revised Code. If ... |
Section 5121.38 | Department access to income and assets information.
... testimony under oath, and examine any public records relating to the income and other assets of a patient or of a relative liable for such patient's support. All information, conclusions, and recommendations shall be submitted to the department by the investigating agent of the department. |
Section 5121.40 | Eligibility criteria for discounted charge.
...om the amount the department of mental health and addiction services charges under section 5121.33 of the Revised Code if the patient, estate, or relative has countable assets with a total value that is not greater than an amount equal to fifty per cent of the difference between the following: (1) The gross annual income that corresponds with a family size of two persons at one hundred per cent of the federal... |
Section 5121.41 | Calculation of discount - reduced charges for impoverished patients.
...(A) If the assets of a patient, patient's estate, or liable relative do not exceed the countable asset limit in section 5121.40 of the Revised Code and the annual income of the patient, estate, or relative does not exceed four hundred per cent of the federal poverty level, the patient, estate, or relative shall be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised... |
Section 5121.42 | Termination of eligibility based on asset accumulation.
... conducted by the department of mental health and addiction services pursuant to rules adopted under section 5119.10 of the Revised Code shall be excluded from any determination the department makes under division (A) of this section. |
Section 5121.43 | Insurance covering patient expenses - payment over to department.
...al operated by the department of mental health and addiction services, all of the following apply with respect to the amount owed to the department for such care and treatment:(1) The insured, policy owner, or other person having an interest in the policy or other contract shall assign payment directly to the department of all assignable benefits under the policy or other contract and shall pay to the department, wit... |
Section 5121.44 | Extended payment agreement - security interest in residence prohibited.
...The department of mental health and addiction services may enter into an extended payment agreement with a patient, patient's estate, or liable relative who has notified the department that the patient, estate, or relative cannot reasonably pay an amount the department has charged. In no case shall the department take a security interest, mortgage, or lien against the principal family residence of a patient or ... |