Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-05 - Licensed residential facilities - transfer and termination of services

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes uniform policies
				for transfer and termination of services of individuals living in residential
				facilities licensed in accordance with section
				5123.19
				of the Revised Code other than a department-operated intermediate care facility
				for individuals with intellectual disabilities.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"County board" means a county board of developmental
			 disabilities.
(2)
									"Department" means the Ohio department of developmental
			 disabilities.
(3)
									"Director" means the director of the department or a
			 person designated by the director of the department.
(4)
									"Emergency" means
			 a situation in which either:
(a)
										Despite the operator's documented attempts to provide,
			 obtain, and/or coordinate the services necessary to ensure the health and
			 safety of the resident, other residents, and/or staff of the residential
			 facility, there still exists a significant risk of substantial harm to the
			 resident, other residents, or staff that cannot be met in the current
			 environment such that action must be taken immediately; or
(b)
										Through a level
			 of care determination in accordance with rule
			 5123-8-01
			 of the Administrative Code or a preadmission screening for developmental
			 disabilities in accordance with rule
			 5123-14-01
			 of the Administrative Code, the individual is determined to require a level of
			 services provided in another type of setting (e.g., a nursing
			 facility).
(5)
									"Individual" means a person with a developmental
			 disability or for purposes of giving, refusing to give, or withdrawing consent
			 for services, the person's guardian in accordance with section
			 5126.043
			 of the Revised Code or other person authorized to give consent.
(6)
									"Informed
			 consent" means a documented written agreement to allow a proposed action,
			 treatment, or service after full disclosure provided in a manner the individual
			 understands, of the relevant facts necessary to make the decision. Relevant
			 facts include the risks and benefits of the action, treatment, or service; the
			 risks and benefits of the alternatives to the action, treatment, or service;
			 and the right to refuse the action, treatment, or service. The individual may
			 withdraw informed consent at any time.
(7)
									"Intermediate
			 care facility for individuals with intellectual disabilities" has the same
			 meaning as in section
			 5124.01 of the
			 Revised Code.
(8)
									"Operator" means the entity responsible for management
			 of and provision of services at the residential facility.
(9)
									"Residential
			 facility" has the same meaning as in section
			 5123.19
			 of the Revised Code.
(10)
									"Termination of services" means an action initiated by
			 an operator to cause a resident to move to another residence that is not under
			 the jurisdiction of the operator. Termination of services does not include a
			 temporary absence from an intermediate care facility for individuals with
			 intellectual disabilities described in section
			 5124.34
			 of the Revised Code.
(11)
									"Transfer" means an action initiated by an operator to
			 cause a resident to move, on a temporary or permanent basis, between
			 residential facilities under the jurisdiction of the operator.