reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5153 | County Children Services › Section 5153.99 | Penalty.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Whoever violates division (F) of section 5153.176 of the Revised Code shall be punished as follows:
(A) Except as otherwise provided in division (B) of this section, the person is guilty of a misdemeanor of the fourth degree.
(B) The person is guilty of a misdemeanor of the first degree if, during the period between the violation and the conviction of or plea of guilty by the person for that violation, the license holder who is the subject of the investigation about which the person fails to provide information inflicts on any child attending a school 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.01 | Contracts for New Buildings and Additions.

Effective:
April 6, 2017
Latest Legislation:
House Bill 290 - 131st General Assembly
(A) As used in this section, "appointing authority" has the same meaning as in section 124.01 of the Revised Code.
(B) The board of county commissioners shall make all contracts for new buildings and for additions to existing buildings necessary for the county home. The board shall prescribe rules for the management and good government of the home.
(C)(1) If the superintendent or 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 employee, the board is the appointing authority for any public employees of the county home. The superintendent or administrator may make recommendations to the board regarding the employment or removal of any public employee of the county home. The board is not the appointing authority for a county home employee who is not a public employee.
(D) The superintendent or administrator and administrative assistant shall be removed if either of them requires or permits residents or employees to render services for the private interests of the superintendent or administrator, the administrative assistant, any member of the board of county commissioners, any private interest, or any member of the board of county hospital trustees if that board has entered into an agreement or otherwise has operational control as provided in section 5155.011 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.011 | Transfer of Control of County Home to County Hospital Trustees.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
(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:
(1) By adopting a resolution to transfer all operational control of the home to the board of county hospital trustees of that county hospital. The board of county hospital trustees also must adopt a resolution to accept the transfer of operational control. In transferring operational control, the board of county commissioners cannot and does not transfer ownership of any real or personal property of the county to the board of county hospital trustees.
(2) By entering into an agreement with the board of county hospital trustees of that county hospital to authorize the board of county hospital trustees to manage and operate the home on behalf of the board of county commissioners. Except as otherwise provided in the agreement, the operator shall carry out the duties of an operator authorized in this chapter in the same manner as otherwise would be required of the board of county commissioners. The agreement may specify duties set forth in this chapter that will be retained by the board of county commissioners instead of being carried out by the operator on behalf of the board. The board of county commissioners shall retain ownership of the county home under the agreement.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.012 | Board May Enter Contract for Management of County Home.

Effective:
April 6, 2017
Latest Legislation:
House Bill 290 - 131st General Assembly
A board of county commissioners 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 advice and consent of the board. An individual selected as a superintendent or administrator pursuant to a contract is not a public employee due to being selected to serve in that position or performing the duties of that position.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.02 | Record of Board's Transactions Respecting County Home.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
The clerk of the board of county commissioners or, if there is no clerk of the board, the county auditor shall keep a record of the board's transactions respecting the county home, and this record shall be kept in the manner provided by sections 305.10 and 305.11 of the Revised Code. The board of county commissioners may determine that the clerk or, if there is no clerk of the board, the county auditor shall keep a separate record of the board's transactions respecting the county home. If a separate record is kept, it shall be kept in the manner provided by sections 305.10 and 305.11 of the Revised Code. Either record shall 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.03 | Appointment of Superintendent or Administrator or Contract With Public or Private Entity.

Effective:
April 6, 2017
Latest Legislation:
House Bill 290 - 131st General Assembly
(A) The board of county commissioners or operator shall do either of the following:
(1) Appoint a superintendent or administrator of the county home;
(2) In accordance with section 5155.012 of the Revised 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 incurred in the discharge of official duties. The superintendent or administrator shall perform the duties that the board or operator imposes and shall be governed in all respects by the board's or operator's rules.
(C) A superintendent or administrator appointed under division (A)(1) of this section shall receive the compensation the board or operator determines and shall be in the unclassified civil service.
(D) If the superintendent or administrator is a public employee, the board or operator may, by resolution, provide for the appointment by the superintendent or administrator of an assistant superintendent or administrator, who shall perform the duties at the county home prescribed by the superintendent or administrator. Otherwise, the board or operator may appoint an assistant superintendent or administrator.
(E) No member of the board or operator shall serve as superintendent or administrator, nor shall any commissioner or trustee be eligible to any other office in the county home, or receive any compensation as physician or otherwise, directly or indirectly, wherein the appointing power is vested in the board of county commissioners or board of county hospital trustees, as applicable.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.04 | Bond.

Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
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 of office of the superintendent or administrator, required by sections 3.22 and 3.23 of the Revised Code and by Section 7 of Article XV, Ohio Constitution, endorsed on it, shall be deposited with the county treasurer and kept in the treasurer's office.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.08 | Leave Without Acknowledgement of Supervisor.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
Whenever a resident in any county home leaves such home without the acknowledgement of the superintendent or administrator thereof, such superintendent or administrator, 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 residence of such resident, the date on which such resident was received in the home, and the date on which the resident left such home without acknowledgement. Such affidavit shall state the reasons that it is for the public welfare that such resident should be returned to the home.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.09 | Hearing.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 court alone.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.10 | Order to Return Resident to Home.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
If the court of common pleas is satisfied, upon a hearing being had as provided by section 5155.09 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.11 | Duties of Prosecuting Attorney.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.12 | Subpoena of Witnesses.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
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 the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.13 | Superintendent or Administrator Compensation and Expenses.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.14 | Reserve Fund.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
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 administrator shall keep an accurate account of the reserve fund, in a book to be provided at the expense of the county for that purpose, and all expenditures from it shall be audited by the board or operator. The county home fund shall be reimbursed by the superintendent or administrator, in full, for any items expended by the superintendent or administrator from the reserve fund, which items are not allowed by the board or operator. When, and as often as such amount is entirely disbursed, on the order of the board or operator, the county auditor shall pay to the superintendent or administrator the amount so appropriated.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.15 | Vouchers for Payments.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 vouchers shall show the specific items allowed by the board, or shall be accompanied by a statement in writing showing the items.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.16 | Annual Report.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
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 total number of resident days for the year;
(B) The number of residents discharged, the number of deaths, the number removed to other counties, states, and institutions during the year, and the number of residents remaining;
(C) The daily average census;
(D) The total current expenses for the year;
(E) The amount of salaries paid during the year to the superintendent or administrator and the administrative assistant, and the amount of wages paid other employees;
(F) Any other information the board or operator requires.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.19 | Monthly Report.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
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 residents discharged during the month;
(D) The number of deaths during the month;
(E) The total current expenses;
(F) Any other information the board or operator requires.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.21 | Removal of Resident.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.22 | Admission to County Home.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 settlement is unknown, and the superintendent or administrator of the home is satisfied that such person should become a resident of the county home, the superintendent or administrator shall admit such person as a resident and shall receive and provide for him in such facility forthwith, or as soon as the physical condition of such person will so permit. The county shall not be liable for any relief furnished, or expenses incurred by the board of township trustees or by a municipal corporation.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.23 | Possession of Property of Persons Entering County Homes.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 which the property is located, and the proceedings for sale, confirmation of sale, and execution of deed by such board or superintendent or administrator shall, in all respects, be conducted as provided by sections 2127.01 to 2127.43 of the Revised Code. The net proceeds of such sale shall be applied in whole or in part, under the special direction of the board or the superintendent or administrator to the maintenance of such person, so long as he remains a resident of a county home.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.24 | Distributing Proceeds of Sale of Property.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
(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 and charge him with board, at a reasonable rate, and with items furnished for his exclusive use, which account shall be approved by the board.
(B) Personal funds received by a county home resident which are intended for the unrestricted use of the resident may be kept by the superintendent or administrator in such a manner that the resident shall have access to these funds at reasonable hours. The county home superintendent or administrator shall keep a complete record of the personal funds of each resident, including a listing of all deposits and withdrawals transacted. All deposits and withdrawals shall be substantiated by receipts.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.25 | Balance Paid Resident Upon Discharge.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 representative. When any such fund is exhausted or any balance is paid in manner prescribed by this section, the superintendent or administrator shall file with the probate court a complete statement showing receipts, itemized expenditures, and balance, and the court shall file such report with the records relating to the original order of sale of such person.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.26 | Exempting Property From Possession Proceedings.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 home, an amount sufficient to support the person while he remains a resident of the county home. The probate court may, at the time of hearing a petition for sale, in lieu of an order for sale, order the guardian, spouse, heirs, or persons entitled to a residuary interest in the property of such person, to make payments to the superintendent or administrator of the county home for the maintenance of such person, and failure to do so shall make any person so ordered punishable by the court as for contempt.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.27 | Medical Care Contract.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
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 treated. The board or operator may discharge any such physician for proper cause. No medical relief shall be furnished by the county to persons in their own homes, except for persons who are not residents of the state or county for one year, or of a township or city for three months, and except under section 5155.22 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.28 | Sub-Acute Detoxification Services.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(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 detoxification services to residents who have been determined by PASRR to be addicted to opioids. The sub-acute detoxification services shall include monitoring of such residents twenty-four hours a day by health care professionals.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.31 | Closing of Home - Subsequent Care.

Effective:
April 29, 2005
Latest Legislation:
House Bill 239 - 125th General Assembly
(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 require skilled nursing care and of individuals who require personal assistance, as "mental impairment," "skilled nursing care," and "personal assistance" are defined in section 3721.01 of the Revised Code.
(B) Whenever the buildings of a county home or a county nursing home have become unsuitable for habitation, or whenever the population of a county home or a county nursing home is too small for economical and efficient operation, or for any other reason made of record, the board of county commissioners may close the home or sell it to a third party, and provide for the care of its residents and of other persons afterwards determined eligible for county care by housing them in another county home, a home licensed under Chapter 3721. of the Revised Code, or private homes within the county that the board considers proper, and upon such terms as may be agreed upon by the boards of the respective counties.
(C) Whenever the board of county commissioners closes a county home or a county nursing home pursuant to division (B) of this section, the board may lease the county home to an individual, partnership, firm, association, or corporation for the establishment of a home licensed under Chapter 3721. of the Revised Code. Any lease granted under this division and any renewals of it shall not be for a longer period than five years. The form of any lease shall be approved by the prosecuting attorney.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.32 | Screening of Residents After Closing of Home.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 administrator of a county home so far as such duties relate to acceptance and discharge of persons determined eligible for county care. The board may appoint a person or a social or welfare agency to perform these duties for it.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.33 | Sale or Lease of County Home Farm.

Effective:
September 14, 1957
Latest Legislation:
House Bill 926 - 102nd General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.34 | District Homes.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 counties, other than the one in which the established site is chosen, are to be closed and abandoned.
When an established site and buildings are used such joint board of county commissioners shall cause the value of the site and buildings to be properly appraised. The appraised value of an established site and buildings, or in case of the purchase of a new site and construction and of later betterments and additions, and the purchase of additional land, shall be apportioned among the counties of the district in proportion to the taxable property of each county as shown by their respective duplicates. After decision to establish a district home has been made the board of county commissioners of each county shall proceed to provide the necessary funds for the development and subsequent operations thereof.
If two counties create a district home the boards of county commissioners thereof shall constitute the board of trustees for the construction and subsequent management when ready for occupancy. If three or more counties join in establishing a district home, the board of trustees shall consist of one person appointed by the board of each county. The first appointment to such board of trustees shall be so arranged that the term of one trustee shall expire one year after the first Monday in February following the appointment, and one each year after such day. Subsequent appointments to the board of trustees shall be for the same number of years as there are counties in the district. Such trustees shall serve without compensation, but shall be entitled to receive necessary expenses entailed in the performance of their duties. Any appointed trustee may be removed by the joint board of county commissioners, for good and sufficient cause, after a hearing upon written charges. The board of trustees shall be responsible for the erection and subsequent management of the district home, when it is ready for occupancy. Such board of trustees shall appoint a superintendent or administrator and conduct the home in the manner prescribed by sections 5155.01 to 5155.33 of the Revised Code, insofar as such sections are applicable.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.35 | Apportioning Costs of District Homes.

Effective:
May 13, 1980
Latest Legislation:
House Bill 561 - 113th General Assembly
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 each county of the district. The auditor and the county treasurer of the county in which the district home is located shall be the auditor and treasurer of the home. Preceding the occupancy of the district home, the board of trustees of the home as provided by section 5155.34 of the Revised Code shall prepare an estimate of each county's share of operating expense for the next six months. When such estimate has been filed with the auditor of each county such auditor shall draw a warrant on the treasurer for the payment of such estimated amount to the treasurer of the home, who shall credit such amount to the home fund. Semiannually thereafter, or more often if advisable, the auditors of the respective counties shall audit the accounts for the preceding period, balance the accounts of their respective counties according to the service rendered, review estimates of expenses for the next six months as submitted by the board of trustees, and agree on amounts to be transferred from the respective counties for operating expenses for the ensuing period of six months.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5155 | County Homes › Section 5155.38 | Certification of Long-Term Care Beds.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
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 director.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.01 | Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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 medical assistance program.
(D) "Medical assistance program" means all of the following:
(1) The medicaid program;
(2) The children's health insurance program;
(3) The refugee medical assistance program;
(4) Any other program that provides medical assistance and state statutes authorize the department of medicaid to administer.
(E) "Medical assistance recipient" means a recipient of a medical assistance program. To the extent appropriate in the context, "medical assistance recipient" includes an individual applying for a medical assistance program, a former medical assistance recipient, or both.
(F) "Medicaid managed care organization" has the same meaning as in section 5167.01 of the Revised Code.
(G) "Refugee medical assistance program" means the program that the department of medicaid administers pursuant to section 5160.50 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.011 | References to Department or Director of Other Agencies.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
References to the department or director of public welfare, department or director of human services, department or director of job and family services, 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 the reference is about a duty or authority of the department of medicaid or medicaid director regarding a medical assistance program.
Last updated September 29, 2023 at 2:44 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.021 | Adoption of Rules.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) When the medicaid director is authorized by a statute to adopt a rule, the director shall adopt the rule in accordance with the following:
(1) Chapter 119. of the Revised Code if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with Chapter 119. of the Revised Code.
(b) Unless division (A)(2)(b) of this section applies, the statute authorizing the rule does not specify the procedure for the rule's adoption.
(2) Section 111.15 of the Revised Code, excluding divisions (D) and (E) of that section, if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with section 111.15 of the Revised Code and, by the terms of division (D) of that section, division (D) of that section does not apply to the rule.
(b) The statute authorizing the rule does not specify the procedure for the rule's adoption and the rule concerns the day-to-day staff procedures and operations of the department of medicaid or financial and operational matters between the department and a person or government entity receiving a grant from the department.
(3) Section 111.15 of the Revised Code, including divisions (D) and (E) of that section, if the statute authorizing the rule requires that the rule be adopted in accordance with that section and the rule is not exempt from the application of division (D) of that section.
(B) Except as otherwise required by a statute, the adoption of a rule in accordance with Chapter 119. of the Revised Code does not make the department of medicaid subject to the notice, hearing, or other requirements of sections 119.06 to 119.13 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.03 | Authority of Medicaid Director.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.04 | Assistant Director; Powers and Duties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.05 | Appointment of Employees.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.051 | Filling Positions With Peculiar and Exceptional Qualifications.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.052 | Procedures and Formats for Section 109.5721 Notices.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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 collaboration. Any such rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules.
The medicaid director may adopt rules under section 5160.02 of the Revised Code necessary for utilizing the information received pursuant to section 109.5721 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.06 | Fidelity Bonds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The medicaid director may require any of the employees of the department of medicaid who may be 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 this section may, in the discretion of the director, be individual, schedule, or blanket bonds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.10 | Expending Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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 grantee to perform duties under the grant as specified by the director.
The director may adopt rules under section 5160.02 of the Revised Code as necessary to define terms and adopt procedures and other provisions necessary to implement this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.11 | State Health Care Grants Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The state health care grants fund is hereby created in the state treasury. Money the department of medicaid receives from private foundations in support of pilot projects that promote exemplary programs that enhance programs the department administers shall be credited to the fund. The department may expend the money on such projects, may use the money, to the extent allowable, to match federal financial participation in support of 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.13 | Maximizing Receipt of Federal Revenue.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid may enter into contracts with private entities to maximize federal revenue without the expenditure of state money. In selecting private entities with which to contract, the department shall engage in a request for proposals process. The department, subject to the approval of the controlling board, may also directly enter into contracts with public entities providing revenue maximization services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.16 | Appointment of Agents.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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) The purpose of the appointment;
(D) The date the appointment expires, if appropriate;
(E) Such information as the department considers proper.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.20 | Audits and Investigations; Authority of Department.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The department of medicaid may conduct any audits or investigations that are necessary in the performance of the department's duties, and to that end, the department has 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 the department's audits and investigations stating the time, place, charges, or subject; witnesses summoned and examined; and the department's conclusions.
Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code.
(B) Any judge of any division of the court of common pleas, on 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 those courts.
(C) Until an audit report is formally released by the department, the audit report or any working paper or other document or record prepared by the department and related to the audit that is the 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5160 | Medical Assistance Programs › Section 5160.21 | Audit of Medical Assistance Recipient.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
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 pursuant to the audit.