Ohio Revised Code Search
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Section 5123.012 | Eligibility determinations.
...(A) As used in this section, "preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code. (B) Except as provided in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. The department may adopt rules in acc... |
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Section 5123.013 | Application of chapter.
...The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapte... |
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Section 5123.014 | Reference to department or director and other terms.
...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 is deemed to refer to the department or director of developmental disabilities, as the case may be. Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, c... |
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Section 5123.02 | Duties of department.
...the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and maintain, to the extent feasible, data on all services and programs that governmental and private agencies provide for persons with developmental disabilities; (D) Provide leadership to local authorities in planning and ... |
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Section 5123.021 | Determining need for nursing facility care.
...ed in this section, "mentally retarded individual" and "specialized services" have the same meanings as in section 5165.03 of the Revised Code. (B)(1) Except as provided in division (B)(2) of this section and rules adopted under division (E)(3) of this section, for purposes of section 5165.03 of the Revised Code, the department of developmental disabilities shall determine in accordance with section 1919(e)(7... |
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Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.
... typically found in the community where individuals with developmental disabilities interact with individuals who do not have disabilities to the same extent that individuals in comparable positions who are not disabled interact with other individuals, including in employment settings in which employees interact with the community through technology. (B) It is hereby declared to be the policy of this state that em... |
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Section 5123.023 | Employment first task force.
...state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code. (B) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreements may specify either or both of the following: (1) The roles and responsibilities... |
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Section 5123.025 | Technology first policy.
...red to be the policy of this state that individuals with developmental disabilities shall have access to innovative technology solutions. Technology can ensure that people with developmental disabilities have increased opportunities to live, work, and thrive in their homes, communities, and places of employment through state of the art planning, innovative technology, and supports that focus on their talents, interes... |
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Section 5123.026 | Technology first task force.
...e operation and delivery of services to individuals with developmental disabilities; (2) Use technology to reduce the barriers individuals with developmental disabilities experience; (3) Align policies for all state agencies on the task force. (C) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. The interagency agreement... |
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Section 5123.03 | Management of institutions and facilities.
...eceive for observation any minor from a public institution other than an institution under the jurisdiction of the department of developmental disabilities, from a private charitable institution, or from a person having legal custody of such a minor, upon such terms as are proper; (3) Receive from the department of mental health and addiction services any patient in the custody of the department who is transferred ... |
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Section 5123.031 | Nonpartisan management.
...'s or employee's influence directly or indirectly to induce any other officer or employee of the department or any of its institutions to adopt the officer's or employee's political views or to favor any particular person, issue, or candidate for office shall be removed from the officer's or employee's office or position, by the department in case of an officer or employee, and by the governor in case of th... |
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Section 5123.032 | Closure of a developmental center.
...e commission promptly shall conduct an independent study of the developmental centers of the department of developmental disabilities and of the department's operation of the centers, and the study shall address relevant criteria and factors, including, but not limited to, all of the following: (1) The manner in which the closure of developmental centers in general would affect the safety, health, well-being, a... |
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Section 5123.033 | Department program fee fund.
...al training to providers of services to individuals with developmental disabilities. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing the continuing education and professional training, the department may use other available funds appropriated to the department to pay the remaining costs of performing those duties and providing the continuin... |
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Section 5123.034 | Developmental centers services and cost recovery.
...ervices to both of the following: (1) Individuals with developmental disabilities who reside in the community in which the developmental center is located; (2) Providers who provide services to individuals with developmental disabilities who reside in the community in which the developmental center is located. (C) The department may develop a method for recovering the costs associated with providing these servi... |
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Section 5123.04 | Director of department - powers and duties.
...(A) The director of developmental disabilities is the executive head of the department of developmental disabilities. All duties conferred on the department and its institutions by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control. The director shall establish bylaws for the government of all institutions under the jurisdiction of... |
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Section 5123.042 | Plans for development or modification of residential services; rules.
...Except as provided in section 5123.197 of the Revised Code, each person or government entity seeking to develop new or modify existing residential services shall submit to the department of developmental disabilities a plan for the development or modification. The department shall approve a plan that is submitted in accordance with rules adopted under this section and meets the uniform standards for plans estab... |
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Section 5123.043 | Complaint resolution.
...(A) The director of developmental disabilities shall adopt rules establishing procedures for administrative resolution of complaints filed under division (B) of this section and section 5126.06 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. (B) Except as provided in division (C) of this section, any person or county board of developmental disabilities th... |
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Section 5123.044 | Determination of violation of rights; assistance to individuals.
...al disabilities violate the rights that individuals with developmental disabilities have under section 5126.046 of the Revised Code to obtain home and community-based services, ICF/IID services, nonmedicaid residential services, or nonmedicaid supported living from qualified and willing providers. The department shall provide assistance to an individual with a developmental disability who requests assistance with the... |
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Section 5123.045 | Certification and licensing of providers.
...No person or government entity shall receive payment for providing home and community-based services unless the person or government entity is one of the following: (A) Certified under section 5123.161 of the Revised Code; (B) Licensed as a residential facility under section 5123.19 of the Revised Code. |
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Section 5123.047 | Department payment of nonfederal share of certain expenditures.
...The department of developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services and home and community-based services for which no county board of developmental disabilities is required by section 5126.059 or 5126.0510 of the Revised Code to pay. |
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Section 5123.048 | Payment of nonfederal share of county medicaid expenditures.
...The director of developmental disabilities may enter into an agreement with a county board of developmental disabilities under which the department of developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay.... |
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Section 5123.049 | Rules governing the authorization and payment of home and community-based services, medicaid case management services, and habilitation center services.
...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code governing the authorization and payment of home and community-based services and medicaid case management services. The rules shall provide for private providers of the services to receive one hundred per cent of the medicaid allowable payment amount and for government providers of the services to re... |
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Section 5123.0410 | Individual receiving services moving to new county.
...An individual with a developmental disability who moves from one county in this state to another county in this state shall receive home and community-based services in the new county that are comparable in scope to the home and community-based services the individual receives in the prior county at the time the individual moves. If the county board serving the county to which the individual moves determines under se... |
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Section 5123.0411 | Mandamus.
...The department of developmental disabilities may bring a mandamus action against a county board of developmental disabilities that fails to pay the nonfederal share of medicaid expenditures that the county board is required by sections 5126.059 and 5126.0510 of the Revised Code to pay. The department may bring the mandamus action in the court of common pleas of the county served by the county board or in the ... |
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Section 5123.0412 | ODDD administration and oversight fund.
...services provided during the year to an individual eligible for services from the county board. A county board shall not pass on to a provider of home and community-based services the cost of a fee charged to the county board under this section. (B) The amounts collected from the fees charged under this section shall be deposited into the department of developmental disabilities administration and oversight fund, ... |