reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.042 | Plans for Development or Modification of Residential Services; Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
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 established in those rules.
The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing the following:
(A) Procedures for submitting plans under this section;
(B) Uniform standards for the plans.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.043 | Complaint Resolution.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(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 that has a complaint involving any of the programs, services, policies, or administrative practices of the department of developmental disabilities or any of the entities under contract with the department, may file a complaint with the department. Prior to commencing a civil action regarding the complaint, a person or county board shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under this section. After exhausting the administrative resolution process, the person or county board may commence a civil action if the complaint is not settled to the person's or county board's satisfaction.
(C) An employee of the department may not file under this section a complaint related to the terms and conditions of employment for the employee.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.044 | Determination of Violation of Rights; Assistance to Individuals.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The department of developmental disabilities shall determine whether county boards of developmental 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 individual's rights under that section if the department is notified of a county board's alleged violation of the individual's rights under that section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.045 | Certification and Licensing of Providers.

Effective:
June 30, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.047 | Department Payment of Nonfederal Share of Certain Expenditures.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.048 | Payment of Nonfederal Share of County Medicaid Expenditures.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
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. The agreement shall specify which home and community-based services the agreement covers. The department shall pay the nonfederal share of medicaid expenditures for the home and community-based services that the agreement covers as long as the agreement is in effect.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.049 | Rules Governing the Authorization and Payment of Home and Community-Based Services, Medicaid Case Management Services, and Habilitation Center Services.

Effective:
October 16, 2009
Latest Legislation:
Senate Bill 79, House Bill 1 - 128th General Assembly
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 receive the federal share of the medicaid allowable payment, less the amount withheld as a fee under section 5123.0412 of the Revised Code. The rules shall establish the process by which county boards of developmental disabilities shall certify and provide 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 process shall require a county board to certify that the county board has funding available at one time for two months costs for those expenditures. The process may permit a county board to certify that the county board has funding available at one time for more than two months costs for those expenditures.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0410 | Individual Receiving Services Moving to New County.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
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 section 5126.041 of the Revised Code that the individual is eligible for county board services, the county board shall ensure that the individual receives the comparable services. If the county board determines that the individual is not eligible for county board services, the department of developmental disabilities shall ensure that the individual receives the comparable services.
If the home and community-based services that the individual receives at the time the individual moves include supported living or residential services, the department shall reduce the amount the department allocates to the county board serving the county the individual left for those supported living or residential services by an amount that equals the payment the department authorizes or projects, or both, for those supported living or residential services from the last day the individual resides in the county to the last day of the state fiscal year in which the individual moves. The department shall increase the amount the department allocates to the county board serving the county the individual moves to by the same amount. The department shall make the reduction and increase effective the day the department determines the individual has residence in the new county. The department shall determine the amount that is to be reduced and increased in accordance with the department's rules for authorizing payments for home and community-based services established adopted under section 5123.049 of the Revised Code. The department shall annualize the reduction and increase for the subsequent state fiscal year as necessary.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0411 | Mandamus.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
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 Franklin county court of common pleas.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0412 | Oddd Administration and Oversight Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of developmental disabilities may charge each county board of developmental disabilities an annual fee not to exceed one and one-quarter per cent of the total value of all medicaid paid claims for home and community-based 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, which is hereby created in the state treasury. The department shall use the money in the fund for any of the following purposes:
(1) Medicaid administrative costs, including administrative and oversight costs of medicaid case management services and home and community-based services. The administrative and oversight costs of medicaid case management services and home and community-based services shall include costs for staff, systems, and other resources the department needs and dedicates solely to the following duties associated with the services:
(a) Eligibility determinations;
(b) Training;
(c) Fiscal management;
(d) Claims processing;
(e) Quality assurance oversight;
(f) Other duties the department identifies.
(2) Providing technical or financial support to county boards with respect to their medicaid local administrative authority under section 5126.055 of the Revised Code for the services.
(3) Providing technical or financial support to county boards with respect to their responsibility to pay the nonfederal share of expenditures under sections 5126.059 and 5126.0510 of the Revised Code.
Last updated October 4, 2023 at 12:51 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0413 | Rules to Applicable in Event County Tax Levy for Services for Individuals With Developmental Disabilities Fails.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The department of developmental disabilities, in consultation with the department of medicaid, office of budget and management, and county boards of developmental disabilities, shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following in the event a county property tax levy for services for individuals with developmental disabilities fails:
(A) A method of paying for home and community-based services;
(B) A method of reducing the number of individuals a county board would otherwise be required by section 5126.0512 of the Revised Code to ensure are enrolled in home and community-based services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0414 | Methods of Notice by Department.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) When the director of developmental disabilities sends a party a notice by registered or certified mail, return receipt requested, that the director intends to take action against the party authorized by section 5123.166, 5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised Code and the notice is returned to the director with an endorsement indicating that the notice was refused or unclaimed, the director shall resend the notice by ordinary mail to the party.
(B) If the original notice was refused, the notice shall be deemed received as of the date the director resends the notice.
(C) If the original notice was unclaimed, the notice shall be deemed received as of the date the director resends the notice unless, not later than thirty days after the date the director sent the original notice, the resent notice is returned to the director for failure of delivery.
If the notice concerns taking action under section 5123.51 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall cause the notice to be published in a newspaper of general circulation in the county of the party's last known residence or business and shall mail a dated copy of the published notice to the party at the last known address. The notice shall be deemed received as of the date of the publication.
If the notice concerns taking action under section 5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall resend the notice to the party a second time. The notice shall be deemed received as of the date the director resends the notice the second time.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0415 | Notification of Change of Address.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Each person and each government entity that applies for or holds a valid license, certification, or registration issued under section 5123.161, 5123.19, 5123.45, or 5126.25 of the Revised Code shall notify the director of developmental disabilities of any change in the person's or government entity's address.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0416 | Expenditure and Allocation of Appropriated Fees.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) Subject to the availability of funds appropriated to the department of developmental disabilities for medicaid waiver state match, the department shall expend, in fiscal year 2009 and each fiscal year thereafter, not less than the amount appropriated in appropriation item 322-416, medicaid waiver - state match, in fiscal year 2008 to do both of the following:
(1) Pay the nonfederal share of medicaid expenditures for home and community-based services that section 5123.047 of the Revised Code requires the department to pay;
(2) Assist county boards of developmental disabilities in paying the nonfederal share of medicaid expenditures for home and community-based services that section 5126.0510 of the Revised Code requires county boards to pay.
(B) The department shall make the expenditures required by division (A)(2) of this section in the form of allocations to county boards or by other means. If the department makes the expenditures in the form of allocations, the process for making the allocations shall conform to a process the department shall establish after consulting with representatives of county boards.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0417 | Programs for Person Under 22 With Intensive Behavioral Needs.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) The director of developmental disabilities shall establish one or more programs for individuals under twenty-two years of age who have intensive behavioral needs, including such individuals with a primary diagnosis of autism spectrum disorder. The programs may include one or more medicaid waiver components that the director administers pursuant to section 5166.21 of the Revised Code. The programs may do one or more of the following:
(1) Establish models that incorporate elements common to effective intervention programs and evidence-based practices in services for children with intensive behavioral needs;
(2) Design a template for individualized education programs and individual service plans that provide consistent intervention programs and evidence-based practices for the care and treatment of children with intensive behavioral needs;
(3) Disseminate best practice guidelines for use by families of children with intensive behavioral needs and professionals working with such families;
(4) Develop a transition planning model for effectively mainstreaming school-age children with intensive behavioral needs to their public school district;
(5) Contribute to the field of early and effective identification and intervention programs for children with intensive behavioral needs by providing financial support for scholarly research and publication of clinical findings.
(B) The director of developmental disabilities shall collaborate with the medicaid director and consult with the executive director of the Ohio center for autism and low incidence and university-based programs that specialize in services for individuals with developmental disabilities when establishing programs under this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0418 | Additional Uses of Funds.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) In addition to other authority granted the director of developmental disabilities for use of funds appropriated to the department of developmental disabilities, the director may use such funds for the following purposes:
(1) All of the following to assist persons with developmental disabilities remain in the community and avoid institutionalization:
(a) Behavioral and short-term interventions;
(b) Residential services;
(c) Supported living.
(2) Respite care services;
(3) Staff training to help the following personnel serve persons with developmental disabilities in the community:
(a) Employees of, and personnel under contract with, county boards of developmental disabilities;
(b) Employees of providers of supported living;
(c) Employees of providers of residential services;
(d) Other personnel the director identifies.
(B) The director may establish priorities for using funds for the purposes specified in division (A) of this section. The director shall use the funds in a manner consistent with the appropriations that authorize the director to use the funds and all other state and federal laws governing the use of the funds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0419 | Interagency Workgroup on Autism.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of developmental disabilities shall establish an interagency workgroup on autism. The purpose of the workgroup shall be to improve the coordination of the state's efforts to address the service needs of individuals with autism spectrum disorders and the families of those individuals. In fulfilling this purpose, the director may enter into interagency agreements with the government entities represented by the members of the workgroup. The agreements may specify any or all of the following:
(1) The roles and responsibilities of government entities that enter into the agreements;
(2) Procedures regarding the receipt, transfer, and expenditure of funds necessary to achieve the goals of the workgroup;
(3) The projects to be undertaken and activities to be performed by the government entities that enter into the agreements.
(B)(1) The entity contracted to administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and low incidence disabilities under section 3323.32 of the Revised Code shall serve as the coordinating body of the workgroup.
(2) The coordinating body of the workgroup shall ensure that the workgroup submits an annual report to the director of developmental disabilities by the thirty-first day of December of each year that includes recommendations for the workgroup's priorities and goals for the next year.
(3) The department shall contract with the coordinating body on the implementation of the recommendations and other department initiatives for individuals with autism and other low incidence disabilities.
(C) Money received from government entities represented by the members of the workgroup shall be deposited into the state treasury to the credit of the interagency workgroup on autism fund, which is hereby created in the state treasury. Money credited to the fund shall be used by the department of developmental disabilities solely to support the activities of the workgroup.
(D) The workgroup shall hold at least two meetings per year that are open to the public for the purposes of reporting its work and hearing public feedback.
Last updated October 4, 2023 at 2:51 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0420 | Training and Certification Program for Individuals Who Provide Evidence-Based Interventions to Individuals With an Autism Spectrum Disorder.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
As used in this section, "evidence-based intervention" means a prevention or treatment service that has been demonstrated through scientific evaluation to produce a positive outcome.
The department of developmental disabilities shall establish a voluntary training and certification program for individuals who provide evidence-based interventions to individuals with an autism spectrum disorder. The department shall administer the program or contract with a person or other government entity to administer the program. The program shall not conflict with or duplicate any other certification or licensure process administered by the state.
The director of developmental disabilities may adopt rules as necessary to implement this section. If the director adopts rules, the rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0421 | [Amended and Renumbered as r.c. 5180.32 by h.b. 33, 135th General Assembly, Effective 1/1/2025] Rulemaking.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to implement the state's part C early intervention services program, including rules that specify all of the following:
(A) Eligibility requirements to receive program services;
(B) Eligibility requirements to be a program service provider;
(C) Operating standards and procedures for program service providers, including standards and procedures governing data collection, program monitoring, and program evaluation;
(D) Procedures to appeal the denial of an application to receive program services or the termination of program services;
(E) Procedures to appeal a decision by the department of developmental disabilities to deny an application to be a program service provider or to terminate a provider's status;
(F) Procedures for addressing complaints by persons who receive program services;
(G) Criteria for the payment of program service providers;
(H) The metrics or indicators used to measure program service provider performance.
Last updated September 11, 2023 at 6:22 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0422 | [Amended and Renumbered as r.c. 5180.34 by h.b. 33, 135th General Assembly, Effective 1/1/2025] Early Intervention Services Advisory Council.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
The governor shall establish the early intervention services advisory council, which shall serve as the state interagency coordinating council, as described in 20 U.S.C. 1441. In establishing the council, the governor shall comply with the requirements of 20 U.S.C. 1441, including the requirement to ensure that the membership of the council reasonably represents the population of the state.
The governor shall appoint one of the council members to serve as chairperson of the council, or the governor may delegate appointment of the chairperson to the council. No member of the council representing the department of health or the department of developmental disabilities shall serve as chairperson.
The council is not subject to sections 101.82 to 101.87 of the Revised Code.
Last updated September 11, 2023 at 6:18 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0423 | [Amended and Renumbered as r.c. 5180.33 by h.b. 33, 135th General Assembly, Effective 1/1/2025] Request for Student Data Verification Code.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in this section, "school district of residence" has the same meaning as in section 3323.01 of the Revised Code.
The director of developmental disabilities shall request a student data verification code from the independent contractor engaged by the department of education and workforce to create and maintain such codes for school districts and community schools under division (D)(2) of section 3301.0714 of the Revised Code for each child who is receiving services from the state's part C early intervention services program. The director shall request from the parent, guardian, or custodian of the child, or from any other person who is authorized by law to make decisions regarding the child's education, the name and address of the child's school district of residence. The director shall submit the data verification code for that child to the child's school district of residence at the time the child ceases to receive services from the part C early intervention services program.
The director and each school district that receives a data verification code under this section shall not release that code to any person except as provided by law. Any document that the director holds in the director's files that contains both a child's name or other personally identifiable information and the child's data verification code is not a public record under section 149.43 of the Revised Code.
Last updated October 6, 2023 at 2:31 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.0424 | Reimbursement of Travel Expenses of Official Members of Workgroups.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section:
(1) "Official member" means a member of an official workgroup who was appointed by the director of developmental disabilities.
(2) "Official workgroup" means a workgroup, task force, council, committee, or similar entity that has been established by the director of developmental disabilities under the director's express or implied statutory authority.
(B) Subject to division (C) of this section, the director of developmental disabilities may, at the director's discretion, provide for an official member of an official workgroup to be reimbursed for actual and necessary travel expenses the member incurs in the performance of the member's duties on the workgroup, including attending the workgroup's meetings, if all of the following apply:
(1) The official member serves on the official workgroup as a representative of the families of, or advocates for, individuals with developmental disabilities;
(2) The official member does not receive reimbursement for the travel expenses from any other source;
(3) The official member does not receive wages or other compensation from any other source for performing the member's duties on the official workgroup; and
(4) No statute prohibits official members of the official workgroup from being reimbursed for travel expenses.
(C) The amount the director provides for an official member of an official workgroup to be reimbursed under division (B) of this section shall not exceed the rates the director of budget and management establishes in rules adopted under division (B) of section 126.31 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.05 | Audits of Services and Programs.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities may conduct audits of the services and programs that either receive funds through the department or are subject to regulation by the department. Audits shall be conducted in accordance with procedures prescribed by the department. Records created or received by the department in connection with an audit are not public records under section 149.43 of the Revised Code until a report of the audit is released by the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.051 | Payment Agreements With Providers.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) If the department of developmental disabilities determines pursuant to an audit conducted under section 5123.05 of the Revised Code that money is owed the state by a provider of a service or program, the department may enter into a payment agreement with the provider. The agreement shall include the following:
(1) A schedule of installment payments whereby the money owed the state is to be paid in full within a period not to exceed one year;
(2) A provision that the provider may pay the entire balance owed at any time during the term of the agreement;
(3) A provision that if any installment is not paid in full within forty-five days after it is due, the entire balance owed is immediately due and payable;
(4) Any other terms and conditions that are agreed to by the department and the provider.
(B) The department may include a provision in a payment agreement that requires the provider to pay interest on the money owed the state. The department, in its discretion, shall determine whether to require the payment of interest and, if it so requires, the rate of interest. Neither the obligation to pay interest nor the rate of interest is subject to negotiation between the department and the provider.
(C) If the provider fails to pay any installment in full within forty-five days after its due date, the department shall certify the entire balance owed to the attorney general for collection under section 131.02 of the Revised Code. The department may withhold funds from payments made to a provider under section 5123.18 of the Revised Code to satisfy a judgment secured by the attorney general.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.06 | Divisions of Department.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities may establish divisions in the department of developmental disabilities and prescribe their powers and duties.
Each division shall consist of a deputy director and the officers and employees, including those in institutions, necessary for the performance of the functions assigned to it. The director shall supervise the work of each division and be responsible for the determination of general policies in the exercise of powers vested in the department and powers assigned to each division. The deputy director of each division shall be responsible to the director for the organization, direction, and supervision of the work of the division and the exercise of the powers and the performance of the duties of the department assigned to the division, and, with the approval of the director, may establish bureaus or other administrative units in the division.
Appointment to the position of deputy director of a division may be made from persons holding positions in the classified service in the department.
The deputy director of each division shall be a person who has had special training and experience in the type of work with the performance of which the division is charged.
Each deputy director of a division, under the director, shall have entire executive charge of the division to which the deputy director is appointed. Subject to sections 124.01 to 124.64 of the Revised Code, and civil service rules, the deputy director of a division shall, with the approval of the director, select and appoint the necessary employees in the deputy director's division and may remove those employees for cause.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.07 | Bureau of Research - Duties.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
There may be created in the department of developmental disabilities a bureau of research. The bureau shall:
(A) Plan, direct, and coordinate all research programs conducted by the department;
(B) Provide continuing evaluation of research programs;
(C) Direct and coordinate scientific investigations and studies as undertaken under this section.
The department shall institute and encourage scientific investigation by the staffs of the various institutions under its control and supervision, and publish bulletins and reports of the scientific and clinical work done in such institutions. Scientific investigation in the department shall be undertaken and continued only with the approval of the director of developmental disabilities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.09 | Managing Officer of Institution - Powers and Duties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Subject to the rules of the department of developmental disabilities, each institution 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. The managing officer shall be appointed by the director of developmental disabilities and shall be in the unclassified service and serve at the pleasure of the director. Each managing officer shall be of good moral character and have skill, ability, and experience in the managing officer's profession. Appointment to the position of managing officer of an institution may be made from persons holding positions in the classified service in the department.
The managing officer, under the director, shall have entire executive charge of the institution for which the managing officer is appointed, except as provided in section 5119.44 of the Revised Code. Subject to civil service rules and rules adopted by the department, the managing officer shall appoint the necessary employees, and the managing officer or the director may remove those employees for cause. A report of all appointments, resignations, and discharges shall be filed with the appropriate division at the close of each month.
After conference with the managing officer of each institution, the director shall determine the number of employees to be appointed to the various institutions and clinics.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.091 | Changing Purpose and Use of Institutions.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities may, by rule and with the approval of the governor, change the purpose for which any institution under the control of the department is being used. The director may designate a new or another use for the institution, provided the change of use and new designation has for its objective improvement in the classification, segregation, care, education, cure, or rehabilitation of the persons admitted.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.093 | Duties of Citizen's Advisory Council.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The citizen's advisory councils established under section 5123.092 of the Revised Code shall do all of the following:
(A) Transmit to the director of developmental disabilities verbal or written information, received from any person or organization associated with the institution or within the community, that an advisory council considers important;
(B) Review the records of all applicants to any unclassified position at the institution, except for resident physician positions filled under section 5123.11 of the Revised Code;
(C) Review and evaluate institutional employee training and continuing education programs;
(D) On or before the thirty-first day of January of each year, submit a written report to the director of developmental disabilities regarding matters affecting the institution including, but not limited to, allegations of dehumanizing practices and violations of individual or legal rights;
(E) Review institutional budgets, programs, services, and planning;
(F) Develop and maintain within the community relationships with community developmental disabilities organizations;
(G) Participate in the formulation of the institution's objectives, administrative procedures, program philosophy, and long range goals;
(H) Bring any matter that an advisory council considers important to the attention of the director of developmental disabilities;
(I) Recommend to the director of developmental disabilities persons for appointment to citizen's advisory councils;
(J) Adopt any rules or procedures necessary to carry out this section.
The chairperson of the advisory council or the chairperson's designee shall be notified within twenty-four hours of any alleged incident of abuse to a resident or staff member by anyone. Incidents of resident or staff abuse shall include, but not be limited to, sudden deaths, accidents, suicides, attempted suicides, injury caused by other persons, alleged criminal acts, errors in prescribing or administering medication, theft from clients, fires, epidemic disease, administering unprescribed drugs, unauthorized use of restraint, withholding of information concerning alleged abuse, neglect, or any deprivation of rights as defined in Chapter 5122. or 5123. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.10 | Bond of Employees.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities shall require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond to give a surety company bond, properly conditioned, in a sum to be fixed by the department which, when approved by the department, shall be filed in the office of the secretary of state. The cost of such bonds, when approved by the department, shall be paid from funds available for the department. The bonds required or authorized by this section may, in the discretion of the director of developmental disabilities, be individual, schedule, or blanket bonds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.11 | Residency Medical and Psychological Training Programs.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) The director of developmental disabilities may enter into an agreement with the boards of trustees or boards of directors of two or more universities in which there is a college of medicine or college of osteopathic medicine, or of two or more colleges of medicine or colleges of osteopathic medicine, or any combination of those universities and colleges, to establish, manage, and conduct residency medical training programs. The agreement may also provide for clinical clerkships for medical students. The director shall also enter into an agreement with the boards of trustees or boards of directors of one or more universities in which there is a school of professional psychology to establish, manage, and conduct residency psychological training programs.
(B) The department shall pay all costs incurred by a university or college that relate directly to the training of resident physicians or psychologists in programs developed under this section. The director of developmental disabilities shall ensure that any procedures and limitations imposed for the purpose of reimbursing universities or colleges, or for direct payment of residents' salaries, are incorporated into agreements between the department and the universities or colleges. Any agreement shall provide that residency training for a physician shall not exceed four calendar years.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.12 | Residency Training Programs for Students Enrolled in Appropriate Care Programs.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges, or schools to establish, manage, and conduct residency training programs for students enrolled in courses of studies for occupations or professions which may be determined by the director to be needed by the department to provide adequate care and treatment for the residents of any institution administered by the director.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.122 | Support Rate.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Notwithstanding section 5121.04 of the Revised Code and except as provided in section 5123.194 of the Revised Code, the liable relative of a person with a developmental disability who is a minor receiving residential services pursuant to a contract entered into with the department of developmental disabilities under section 5123.18 of the Revised Code shall be charged for the minor's support the percentage of a base support rate determined in accordance with division (B)(2) of section 5121.04 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.14 | Investigations.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities may make such investigations as are necessary in the performance of its duties and to that end the director of developmental disabilities shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers.
The department shall keep a record of such investigations stating the time, place, charges or subject, witnesses summoned and examined, and its conclusions.
In matters involving the conduct of an officer, a stenographic report of the evidence shall be taken and a copy of such report, with all documents introduced, kept on file at the office of the department.
Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code, but no officer or employee of the institution under investigation is entitled to such fees.
Any judge of the probate court or of the court of common pleas, upon application of the department, may compel the attendance of witnesses, the production of books or papers, and the giving of testimony before the department, by a judgment for contempt or otherwise, in the same manner as in cases before said courts.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.15 | Appointing Special Agents and Persons.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the:
(A) Name;
(B) Agency with which such person is connected;
(C) Purpose of appointment;
(D) Date of expiration of appointment;
(E) Such information as the department considers proper.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.161 | Application for Supported Living Certificate.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
A person or government entity that seeks to provide supported living shall apply to the director of developmental disabilities for a supported living certificate.
Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director shall issue to the person or government entity a supported living certificate if the person or government entity follows the application process established in rules adopted under section 5123.1611 of the Revised Code, meets the applicable certification standards established in those rules, and pays the certification fee established in those rules. The director shall issue a supported living certificate in accordance with Chapter 4796. of the Revised Code to a person if either of the following applies:
(A) The person holds a supported living certificate issued by another state.
(B) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a person providing supported living in a state that does not issue that certificate.
Last updated December 29, 2023 at 5:40 AM