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Section 5119.21 | Support of community support system; powers and duties regarding programs and services.

...umers. These constituencies may include public and private providers, employee organizations, and others when appropriate. Whenever the department proposes the adoption, amendment, or rescission of rules under Chapter 119. of the Revised Code, the notification and consultation required by this division shall occur prior to the commencement of proceedings under Chapter 119. The department shall adopt rules under Chapt...

Section 5119.211 | State certification of certified community behavioral health clinics.

...The department of behavioral health may establish a process and standards for the state certification of certified community behavioral health clinics. The process and standards may be based on the provisions of section 223 of the "Protecting Access to Medicare Act of 2014," 42 U.S.C. 1396a note. If the department establishes a process and standards for the state certification of certified community behavioral heal...

Section 5119.22 | Director of behavioral health duties.

...vice district, taking into account the findings and recommendations of the board of alcohol, drug addiction, and mental health services of the district submitted under division (A)(4) of section 340.03 of the Revised Code and the priorities and plans of the department of behavioral health, including the needs of residents of the district currently receiving services in state-operated hospitals, and make recommendatio...

Section 5119.221 | Waiver or requirements; authority of director.

...(A) The director of behavioral health, in accordance with procedures established under division (G)(5) of section 5119.22 of the Revised Code, may issue to a board of alcohol, drug addiction, and mental health services a time-limited waiver of the requirement of section 340.033 of the Revised Code that ambulatory detoxification and medication-assisted treatment be made available within the borders of the board's serv...

Section 5119.23 | Allocations of funds for local mental health and addiction services continuums of care.

...(A) The department of behavioral health shall establish a methodology for allocating to boards of alcohol, drug addiction, and mental health services the funds appropriated by the general assembly to the department for the purpose of the community-based continuum of care that each board establishes under section 340.032 of the Revised Code. The department shall establish the methodology after notifying and consulting...

Section 5119.24 | Annual report by boards specifying use of funds.

...(A) As used in this section, "administrative function" means a function related to one or more of the following: (1) Continuous quality improvement; (2) Utilization review; (3) Resource development; (4) Fiscal administration; (5) General administration; (6) Any other function related to administration that is required by Chapter 340. of the Revised Code. (B) Each board of alcohol, drug addiction, and m...

Section 5119.25 | Withholding of funds for failure to comply with statutory or regulatory provisions.

...(A) The director of behavioral health may withhold funds, in whole or in part, that otherwise are to be allocated to a board of alcohol, drug addiction, and mental health services under section 5119.23 of the Revised Code if either of the following circumstances apply: (1) The board fails to comply with Chapter 340. or 5119. of the Revised Code or rules of the department of behavioral health; (2) The board denies...

Section 5119.26 | Civil rights and liberties of patients.

...Any person treated under this chapter or rules adopted under it shall retain the person's civil rights and liberties, including the right not to be experimented upon with treatment not accepted as good medical practice without the person's fully informed consent, the right as a person receiving services to maintain the confidentiality of health and medical records, the right as a person detained for medical pur...

Section 5119.27 | Confidentiality of records pertaining to identity, diagnosis or treatment.

...personnel may not identify, directly or indirectly, any particular person in any report of the research, audit, or evaluation, or otherwise disclose a person's identity in any manner. (F) In accordance with 42 C.F.R. 2.66, upon the request of a prosecuting attorney or the director of behavioral health, a court of competent jurisdiction may order the disclosure of records or information referred to in division (B) ...

Section 5119.28 | Confidentiality of records pertaining to person's mental health condition, assessment, provision of care or treatment, or payment for assessment, care or treatment.

...(A) All records, and reports, other than court journal entries or court docket entries, identifying a person and pertaining to the person's mental health condition, assessment, provision of care, treatment, or recovery supports, or payment for assessment, care, treatment, or recovery supports that are maintained in connection with any services certified by the department of behavioral health, any recovery supports pa...

Section 5119.29 | Tracking and monitoring after release of persons found not guilty by reason of insanity or persons found incompetent to stand trial.

...The department of behavioral health, in conjunction with boards of alcohol, drug addiction, and mental health services and community mental health boards, shall develop a coordinated system for tracking and monitoring persons found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code who have been granted a conditional release and persons found incompetent to stand trial and ...

Section 5119.30 | Program providing information and services to courts.

...The department of behavioral health promptly shall develop and maintain a program that continually provides the courts of this state with relevant information pertaining to addiction services and programs available both within their jurisdictions and statewide in order to facilitate the ability of the courts to utilize treatment and rehabilitation alternatives in addition to or in lieu of imposing sentences of impris...

Section 5119.31 | Procedure for purchase of supplies.

...tive services adopts. All bids shall be publicly opened on the day and hour and at the place specified in the advertisement. Preference shall be given to bidders in localities wherein the institution is located, if the price is fair and reasonable and not greater than the usual price; but bids not meeting the specifications shall be rejected. The department of administrative services may require such security as ...

Section 5119.311 | Examining mental and physical condition of confined person.

...The department of behavioral health may examine into, with or without expert assistance, the question of the mental and physical condition of any person committed to or involuntarily confined in any hospital for persons with mental illnesses, or restrained of liberty at any place within this state by reason of alleged mental illness and may order and compel the discharge of any such person who is not a person with a ...

Section 5119.32 | Utilizing federal block grant funds.

...services block grant authorized by the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as amended, and similar alcohol, drug abuse, or mental health programs that are specified in an appropriations act.

Section 5119.33 | Inspecting and licensing of hospitals for mentally ill persons.

...a hospital for care or treatment if it finds either of the following: (a) The hospital is not in compliance with rules adopted by the director pursuant to this section. (b) The hospital has been cited for more than one violation of statutes or rules during any previous period of time during which the hospital is licensed pursuant to this section. (2)(a) Except as provided in division (D)(2)(b) of this sectio...

Section 5119.331 | Injunction.

...If the department of behavioral health determines that a hospital not licensed by the department is receiving for care or treatment any person who is or appears to have a mental illness, the department may request in writing that the attorney general petition the court of common pleas in the county where the hospital is located to enjoin the hospital from continued operation in violation of section 5119.33 of the Rev...

Section 5119.332 | Payments and reimbursements to unlicensed hospital.

...No third-party payer shall directly or indirectly reimburse, nor shall any person be obligated to pay any hospital for psychiatric services for which a license is required under section 5119.33 of the Revised Code unless the hospital is licensed by the department of behavioral health. As used in this section, "third-party payer" means a health insuring corporation licensed under Chapter 1751. of the Revised Code, ...

Section 5119.333 | Prohibiting keeping or maintaining unlicensed hospital.

...No person shall keep or maintain a hospital for the care or treatment of persons with mental illnesses unless it is licensed by the department of behavioral health, as provided by section 5119.33 of the Revised Code.

Section 5119.334 | Notice of adverse action - hospitals.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a hospital or practice a health care profession. (B)(1) When submitting an application for initial or renewed l...

Section 5119.34 | Inspecting and licensing of residential facilities.

... (B)(1) A "residential facility" is a publicly or privately operated home or facility that falls into one of the following categories: (a) Class one facilities provide accommodations, supervision, personal care services, and mental health services for one or more unrelated adults with mental illness or one or more unrelated children or adolescents with severe emotional disturbances; (b) Class two facilities p...

Section 5119.341 | Operations as permitted use.

...(A) Any person may operate a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of section 5119.34 of the Revised Code as a permitted use in any residential district or zone, including any single-family residential district or zone of any political subdivision. Such fa...

Section 5119.342 | Appointing receiver for residential facility.

...te remedies at law; (3) The number of individuals residing at the facility; (4) A statement that the facts have been brought to the attention of the owner or licensee and that conditions have not been remedied within a reasonable period of time or that the conditions, though remedied periodically, habitually exist at the residential facility as a pattern or practice; and (5) The name and address of the person h...

Section 5119.343 | Notice of adverse action - residential facilities.

...(A) As used in this section, "adverse action" means an action by a state, provincial, federal, or other licensing or regulatory authority other than the department of behavioral health to deny, revoke, suspend, place on probation, or otherwise restrict a license, certificate, or other approval to operate a residential facility or practice a health care profession. (B)(1) When submitting an application for initial ...

Section 5119.344 | Summary suspension of a class one residential facility serving children.

...upant of the facility was charged by an indictment, information, or complaint with an offense relating to the death, injury, or sexual assault of another person that occurred on the premises of the facility. (4) A principal, employee, volunteer, or nonresident occupant of the facility was charged by an indictment, information, or complaint with an offense relating to the death, injury, or sexual assault of a child ...