reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-3 - Electroconvulsive Therapy; Incident Reporting; Patient Abuse/Neglect; Etc › Section 5122-3-14 - Abuse/neglect of patients receiving services in regional psychiatric hospitals

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule shall be to
			 define patient abuse and neglect for persons receiving Ohio department of
			 mental health (ODMH) services inregional psychiatric hospitals (RPHs); to establish
			 policies to prevent abuse and neglect of persons served; to provide guidelines
			 for preventive and corrective measures; and to establish policies and
			 procedures regarding reports and investigations of abuse or neglect of persons
			 served.
(B) The provisions of this
			 rule shall be applicable to all RPHs
			 providing services under the managing responsibility of the department.
(C) Central office employees shall
			 adhere to abuse/neglect policies as determined by the director.
(D) The following definitions shall apply to
			 this rule in addition to or in place of those appearing in rule
			 5122-1-01 of the
			 Administrative Code:
(1) "Abuse" means any
			 act or absence of action caused by an employee inconsistent with rights which
			 results or could result in physical injury to a client; any act which
			 constitutes sexual activity, as defined under Chapter 2907. of the Revised
			 Code, where such activity would constitute an offense against a client under
			 that chapter; insulting or coarse language or gestures directed toward a client
			 which subjects the client to humiliation or degradation; or depriving a client
			 of real or personal property by fraudulent or illegal means.
(2) "Neglect" means a purposeful or negligent
			 disregard of duty imposed on an employee by statute, rule,
			 RPH
			 policy, position description, or professional standard and owed to a client by
			 that employee.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-7 - Client Services; Personnel › Section 5122-7-02 - Patient rights within regional psychiatric hospitals

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule
			 
								is
			 to promote and protect the rights of 
								patients
			 receiving services in Ohio's regional psychiatric hospitals (RPHs).
(B) The provisions of this rule
			 
								apply to all RPHs providing inpatient services under
			 the managing responsibility of the Ohio department of mental health and
			 addiction services (OhioMHAS).
(C)
			 As used in this rule:
(1)
									"Interested party" means a parent, spouse, other
			 relative, significant other, or guardian of a patient or an advocacy group or
			 interested citizen.
(2)
									"Patient" means a person who is currently or has
			 received inpatient or outpatient services at or through an RPH.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-7 - Client Services; Personnel › Section 5122-7-04 - Responsibilities of ODMH regional psychiatric hospital police and firearms restrictions

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule shall be to
			 establish the minimum duties and responsibilities of Ohio department of mental
			 health (ODMH) hospital police, and to establish that no firearms shall be
			 dispensed, carried or discharged in any building or on the grounds of any
			 facility that is operating under the control of ODMH, except as provided below.
(B) The provisions of this rule
			 shall be applicable to all facilities under the managing responsibility of
			 ODMH. The firearms restrictions stated in this rule shall include, but not be
			 restricted to, employees of ODMH hospital police departments.
(C) The following definitions shall apply to
			 this rule in addition to or in place of those appearing in rule
			 5122-1-01 of the
			 Administrative Code:
(1) "Chief of police"
			 means an individual appointed to supervise ODMH hospital police department
			 personnel, operations, and security functions. This individual is appointed by
			 the hospital chief executive officer, subject to joint selection or approval by
			 the ODMH security consultant (or in his/her absence, the ODMH chief legal
			 counsel) and final approval by the director.
(2) "Police officer" means any special police
			 officer, as defined in section
			 5119.14 of the Revised Code, who
			 is under the supervision of the hospital chief of police. A police officer has
			 special training and authority, including the power to arrest under section
			 5119.14 of the Revised Code.
			 Hereinafter, ODMH police officers are referred to collectively as "hospital
			 police."
(3) "Firearm" means any
			 pistol, revolver, rifle, shotgun, or any part of any such weapon (or any
			 ammunition for any such weapon, or any other weapon capable of discharging a
			 projectile or projectiles that can wound, fatally or otherwise, the person of
			 another). This definition includes unloaded firearms and any firearm which is
			 inoperable but which can readily be rendered operable.
(4) "Securing the scene" means taking actions
			 necessary to stabilize all existing factors and conditions which could destroy
			 or disturb evidence at the scene of a death, an alleged patient abuse, or where
			 any other suspected criminal offense has been committed.
(5) "Safety officer" means a hospital
			 employee designated by the chief executive officer to develop, implement, and
			 supervise the hospital's safety program.
(6) "Safety committee" and/or "environment of
			 care committee" means a group of hospital employees responsible for reviewing,
			 advising, and/or promoting the hospital's safety program.
(7) "Stun gun" means a weapon designed to
			 stun or temporarily immobilize a victim, especially by delivering a
			 high-voltage electric shock. This includes the trademark taser device.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-7 - Client Services; Personnel › Section 5122-7-21 - Background check on applicants

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to establish
			 policy and procedures for the conducting of background checks on prospective
			 employees of the Ohio department of mental health and addiction services as
			 mandated in section
			 5119.181
			 of the Revised Code. The purpose of the background checks will be to determine
			 the fitness of applicants to serve in the positions sought whether in the
			 classified or unclassified service. This rule also outlines the criteria to be
			 applied in evaluating applicants based on information obtained from background
			 checks.
(B)
(1)
									Except as provided in paragraph (B)(2) of this rule,
			 this rule applies to all regional psychiatric hospitals (RPHs) or
			 community support networks (CSNs) of the department and the central office.
(2)
									This rule does
			 not apply to an applicant who seeks employment with a community support network
			 and the applicant's intended work site is a residential facility as defined in
			 section
			 5119.34
			 of the Revised Code. Instead, such an applicant is subject to a background
			 investigation under rule
			 5122-30-31
			 of the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-8 - Waiting List for Alcohol and Drug Addiction Services › Section 5122-8-01 - Waiting list for alcohol and drug addiction services

Current through all regulations passed and filed through July 1, 2024
(A)
								The following definitions shall apply to this
			 chapter:
(1)
									"Provider" means a community addiction services provider as
			 defined in division 5119.01 of the Revised
			 Code.
(2)
									"First contact" means the date on which an individual
			 contacts a provider requesting actual opioid and co-occurring drug addiction
			 services and recovery supports, a first contact is indicated by making an
			 appointment for an assessment or beginning services, an intake session, or
			 other example of the individual beginning a therapeutic relationship with the
			 provider.
(3)
									"Seeking" means those individuals who have made at
			 least a first contact with a provider and are attempting to actually receive
			 services and supports from the provider.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-9 - Management of Funds › Section 5122-9-16 - Shared service agreements

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule shall be to
			 establish procedures for writing, processing, amending, and
			 canceling shared service agreements.
(B) The provisions of this rule shall be
			 applicable to all employees of the Ohio department of mental health.
(C) The following definition
			 shall apply to this rule in addition to those appearing in section
			 5122.01 of the Revised Code:
"Shared service agreement" means a
				written agreement used by the department in order to thoroughly identify costs
				which hospital services incurs by providing direct and indirect services to
				divisions and sections within the department and to outside agencies.
(D) Policy
(1) The department of mental health shall use
			 the current procedure manual for shared service agreement as a guideline in the
			 preparation of shared service agreements.
(2) Shared service agreements shall be used
			 to provide a basis for recovering the costs which hospital services
									incurs
			 by providing direct and indirect services to divisions and sections within the
			 department and to outside agencies.
(3) Shared service agreements shall be used
			 to verify any adjustments claimed in medicare/medicaid cost reports for audit
			 purposes.
(4) Shared service
			 agreements shall be used as a tool in budgeting and allocating spending
			 authority to department accounts.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-02 - Accreditation

Current through all regulations passed and filed through July 1, 2024
(A) Each inpatient psychiatric service
			 provider licensed by the department is to be
			 accredited under a hospital accreditation program by either the joint
			 commission (TJC) , the accreditation commission
			 for health care inc. (ACHC), or DNV healthcare USA inc.
			 (DNV).
(B) Proof of such
			 accreditation is to be submitted by the inpatient psychiatric
			 service provider as indicated in paragraphs (A)(1)(h) and (B)(7) of rule
			 5122-14-03 of the Administrative
			 Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-03 - Licensure procedure

Current through all regulations passed and filed through July 1, 2024
(A) An inpatient psychiatric service provider
			 wishing to establish inpatient services for the first time for persons with
			 mental disorders will, prior to occupancy and provision of services,
			 make application for full licensure to the department.
(1)
									At a minimum, an
			 application is
			 to consist of
									all of the following:
(a)
										A completed
			 application form;
(b)
										An
			 approved building inspection or certificate of occupancy
			 report;
(c)
										An
			 approved fire inspection report;
(d)
										A
			 non-refundable annual licensure fee;
(e)
										A reduced line
			 drawing showing the location and function of all
			 patient and staff areas including the floor and social space square
			 footage;
(f)
										A
			 comprehensive plan of service;
(g)
										Before September 30,
			 2024, and only if applicable, proof of psychiatric bed registration as
			 reported annually to the Ohio department of health;
(h)
			 Verification of current TJC, ACHC, or DNV accreditation as demonstrated by the
			 submission of a copy of the most recent letter of accreditation;
(i)
										A completed
			 self-survey checklist;
(j)
										A statement
			 of the number of licensed beds designated for treatment of persons less than
			 eighteen years of age, and the number of licensed beds designated for treatment
			 of persons eighteen years of age and older. The sum of beds designated for
			 treatment of persons less than eighteen years of age and beds designated for
			 treatment of persons eighteen years and older is to equal the
			 total number of licensed beds for the inpatient psychiatric service
			 provider;
			 and
(k)
										If applicable, the notification required by section
			 5119.334 of the Revised
			 Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-04 - Classification of licenses

Current through all regulations passed and filed through July 1, 2024
(A) Licenses 
								are classified as follows:
(1) A probationary license, which
			 expires within one hundred twenty days of the date of
			 issuance, to be used in either of the following circumstances:
(a) Serious deficiencies are found during the
			 department's on-site survey of an inpatient psychiatric service provider;
			 or
(b) An inpatient psychiatric
			 service provider's documented corrective action is not approved by the
			 department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-05 - Termination of license

Current through all regulations passed and filed through July 1, 2024
(A) The inpatient psychiatric service
			 provider's existing license is to remain in effect until the department grants a
			 full, probationary, or interim license or rescinds the license in accordance
			 with provisions of Chapter 119. of the Revised Code.
(B) The department may
			 revoke or refuse to grant or renew a full, probationary, or interim
			 license in accordance with Chapter 119. of
			 the Revised Code if any of the following is the
			 case:
(1) An inpatient psychiatric
			 service provider is found to not be in
			 compliance with section
			 5119.33 of the Revised Code
			 or any or all  rules in this
			 chapter and a plan of correction is requested of the inpatient psychiatric
			 service provider by the department and is either not received within the time
			 period specified by the department, is not granted approval by the department,
			 or is not implemented by the inpatient psychiatric service provider;
(2) An inpatient psychiatric service
			 provider's submitted application materials are not approved by the
			 department;
(3) An inpatient
			 psychiatric service provider ceases provision of inpatient services;
(4) An inpatient psychiatric service provider
			 presents or submits false or misleading information as part of a license
			 application, renewal, or investigation;
(5) An inpatient psychiatric service provider
			 has been cited for a pattern of serious noncompliance or repeated violations of
			 statutes or rules during the period of current or previous licenses;
(6) An inpatient psychiatric service provider
			 does not apply for licensure renewal at least thirty days prior to the
			 expiration date of the license; or
(7)
			 The applicant,  or
			 any owner, sponsor,
			 medical director, administrator, or principal of the applicant, is or has
			 been the 
									subject of an adverse action as defined in
			 section 5119.334 of the Revised
			 Code unless:
(a) A minimum period of
			 three years has passed from the date of the
			 adverse action; and
(b) The adverse action
			 was not due to any act or omission that violated the patient's right to be free
			 from abuse, neglect, or exploitation.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-06 - Waivers and variances

Current through all regulations passed and filed through July 1, 2024
(A) An inpatient psychiatric service provider
			 may submit a dated, written request to the department for a waiver or variance.
			 The written request is to clearly state the licensure rule of the
			 waiver/variance request, the rationale and need for the requested waiver or
			 variance, and the consequence of not receiving approval of the
			 request.
(B) Upon receipt of a
			 written request for a waiver or variance that provides a clear and valid
			 statement of need, the department in its discretion may grant a waiver or
			 variance for a period of time determined by the department but that
			 is not
			 to exceed the expiration date of the current
			 license.
(C) The department
			 will
			 acknowledge and respond to the waiver/variance request within thirty days of
			 receipt by the department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-07 - Display of license

Current through all regulations passed and filed through July 1, 2024
(A) The current license
			 is to be
			 displayed by the inpatient psychiatric service provider in a conspicuous place
			 that is
			 readily accessible to the patients and the public.
(B) The license is to remain the
			 property of the department; revoked or terminated licenses
			 are to
			 be returned to the department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-08 - Fee schedule

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to state the
			 fees for various classifications of license.
(B) The provisions of this rule
			 applies to each inpatient psychiatric service provider
			 licensed by the department.
(C)
			 Definitions applying to this rule are those appearing in rule
			 5122-14-01 of the Administrative
			 Code.
(D)
								
								An
			 inpatient psychiatric service 
								provider is to pay an annual fee
			 with each application for full licensure or full licensure renewal according to
			 the following schedule:
Fee schedule
Psychiatric bed capacity
Fee
25 or less persons
$750
26-50 persons
$1350
51-75 persons
$1650
76-100 persons
$1950
Over 100 persons
$2250
(E)
			 Fees for probationary and interim licenses or re-issuance of a license due to a
			 change in the number of licensed beds may be assessed and
			 
								will be
			 prorated based on the annual fee.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-10 - Patient safety and physical plant requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each inpatient psychiatric service
			 provider is
			 to comply with all applicable TJC, ACHC, or DNV
			 
								mandates and federal, state, and local laws and
			 regulations regarding patient care,
			 safety, sanitation, and fire protection.
(1) A
			 building inspection is to be made upon application for an initial
			 license
									and
			 repeated whenever renovations or changes in the building are made that would
			 affect either the maximum number of licensed patient beds or substantially
			 change the services provided by the inpatient psychiatric service provider,
			 as well
			 as when the department deems a building
			 inspection is necessary.
(2)
			 If an inpatient psychiatric service provider occupies part of a building, the
			 entire building 
									is to be inspected except where there is a fire
			 wall or other fire resistant separation between the part of the building to be
			 licensed and the rest of the building. If this fire separation does not exist
			 the total building 
									is to be used to determine safety for inspection
			 purposes only.
(3) A building
			 inspection 
									is
			 to be performed by a local certified building inspector or, where none is
			 available, by the chief of the bureau of building code compliance in
			 the Ohio department of commerce.
(4) The inpatient psychiatric service
			 provider 
									is
			 to be inspected annually by a certified fire authority or, where none is
			 available, by the division of state fire marshal 
									in the Ohio
			 department of commerce. Copies of annual inspections 
									are to be
			 maintained by the inpatient psychiatric service provider for a period of at
			 least three years or until the next on-site licensure survey.
(5) The inpatient psychiatric service
			 provider's food service 
									is to be inspected annually by the authorized
			 local municipal county health department. Copies of annual inspections
			 
									are to
			 be maintained by the inpatient psychiatric service provider for a period of at
			 least three years or until the next on-site licensure survey.
(6) If the inpatient psychiatric service
			 provider's water supply and sewage disposal is not part of a municipal system,
			 it 
									is
			 to comply with applicable state or local regulations, rules, codes, or
			 ordinances.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-11 - Patient rights, participation and education

Current through all regulations passed and filed through July 1, 2024
(A) In addition to the definitions appearing
			 in rule 5122-14-01 of the Administrative
			 Code, the following definitions apply to this rule:
(1) "Patient rights
			 specialist" means the individual designated by the inpatient psychiatric
			 service provider with responsibility for assuring compliance with the patient
			 rights and grievance procedure rule.
(2) "Grievance" means a written complaint
			 initiated either verbally or in writing by a patient or by any other person or
			 agency on behalf of a patient regarding denial or abuse of any patient's
			 rights.
(3) "Reasonable" means a
			 standard for what is fair and appropriate under usual and ordinary
			 circumstances.
(4) "Services" means
			 the complete array of professional interventions designed to help a person
			 achieve improvements in mental health such as counseling, individual or group
			 therapy, education, community psychiatric supportive treatment, assessment,
			 diagnosis, treatment planning and goal setting, clinical review,
			 psychopharmacology, discharge planning, professionally-led support,
			 etc.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-12 - Program, specialty services and discharge planning requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each inpatient
			 psychiatric service provider is to have a written comprehensive plan of service
			 that
			 will be reviewed annually and revised if necessary.
(B) The comprehensive plan of service
			 is to
			 include all of the following:
(1)
									A
			 description of services provided;
(2)
									A
			 description of any affiliation or agreements with other agencies or
			 entities;
(3)
									A
			 description of the population served including age groups and other
			 relevant characteristics of the patient populations;
(4) Criteria for admission, continued stay,
			 and discharge; and
(5)
									A
			 description of how patients and family members of patients
			 are to
			 participate in an advisory role with respect to
			 the inpatient service.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-13 - Medical records, documentation and confidentiality

Current through all regulations passed and filed through July 1, 2024
(A) Each inpatient
			 psychiatric service provider is to maintain a complete medical record for each
			 individual patient.
(B)
								A medical record is to include
			 all of the following:
(1) Patient demographic information,
			 including indication of legal status as a voluntary or involuntary
			 patient;
(2) All legal documents,
			 including, as appropriate, an application for voluntary admission signed and
			 dated by the patient, written requests for release pursuant to section
			 5122.03 of the Revised Code, and
			 all legal documents pertaining to civil commitment and guardianship.
For patients with a guardian, the inpatient psychiatric service
				provider is
				to make an effort to obtain all needed
				consent forms signed and dated by the guardian. If the guardian is unable to
				provide written consent, the provider may obtain and document verbal consent of
				the guardian as long as two individuals document, in writing, that each
				witnessed the guardian provide the verbal consent.
(3) The reason for admission including
			 presenting problems, precipitating factors, and initial
			 diagnosis;
(4) Previous
			 hospitalizations;
(5) Reports of
			 all patient assessments and examinations;
(6) An individualized treatment plan
			 that includes criteria for discharge and
			 meets mandates in section
			 5122.27 of the Revised
			 Code;
(7) All medical
			 orders;
(8) Documentation of the
			 patient's progress and other significant
			 patient events that could impact  treatment;
(9) Appropriate, complete, signed, and dated consents for treatment and 
			 release of confidential information;
(10) A discharge summary completed within
			 thirty days after discharge and signed by the attending or treating physician;
			 and
(11) A post discharge
			 plan.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-14 - Licensing of Psychiatric Hospitals and Units › Section 5122-14-14 - Incident notification and risk management

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes standards to ensure
			 the prompt and accurate notification of certain prescribed incidents. It also
			 mandates the agency to review and analyze all
			 incidents so that it might identify and implement corrective measures designed
			 to prevent recurrence and manage risk.
(B) Definitions
(1) "Incident" means an event that poses a
			 danger to the health and safety of patients and/or staff and visitors of the
			 hospital, and is not consistent with routine care of persons served or routine
			 operation of the hospital.
(2)
			 "Reportable incident" means an incident that needs to be
			 submitted to the department, including incidents that
			 are then
			 to be forwarded by the department to disability
			 rights Ohio. As referenced in division (E) of section
			 5119.36 of the Revised Code,
			 "major unusual incident" has the same meaning as "reportable
			 incident."
(3) "Six month
			 reportable incident" means an incident type of which limited information
			 is to be
			 reported to the department. A six month reportable incident is not the same as
			 a reportable incident.
(4) "Six
			 month incident data report" means a data report that is to
			 be submitted to the department.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-22 - Supplemental Services Fund › Section 5122-22-01 - Trusts for supplemental services

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to define those supplemental
				services that may be provided through a trust and to establish standards for
				the maintenance and distribution to a beneficiary of assets of a trust
				authorized by section
				5815.28 of the Revised
				Code.
(B) Applicability
This rule applies to the maintenance and distribution of assets
				from trusts authorized by section
				5815.28 of the Revised Code for
				 Ohio residents
				
									with
				mental illness who depend on public assistance for subsistence
									and for the payment
				of rehabilitative, supplemental services without jeopardizing the
				beneficiaries' public assistance.
(C) Definitions
(1) "Ascertainable standard" means a standard
			 in a trust instrument requiring the trustee to provide for the care, comfort,
			 maintenance, welfare, education, or general well-being of the
			 beneficiary.
(2) "Department" means
			 the Ohio department of mental health and addiction services.
(3) "Disability" has the same meaning as in
			 section 5815.28 of the Revised
			 Code.
(4) "Guardian" means a
			 guardian of the person, limited guardian, interim guardian, or emergency
			 guardian pursuant to the appointment of the probate court under Chapter 2111.
			 of the Revised Code.
(5)
			 "Supplemental services" means services specified in paragraph (D) of this rule
			 that are provided to an individual with a disability in addition to services
			 
									that
			 individual is eligible to receive under programs authorized by federal or
			 state law.
(6) "Supplemental
			 services fund" means the fund created in the state treasury pursuant to section
			 5119.51 of the Revised
			 Code.
(7) "Supplemental services
			 trust" means a trust created pursuant to section
			 5815.28 of the Revised Code for
			 the purpose of providing supplemental services to an individual with a mental
			 disability.
(8) "Protective
			 service" means performance of the duties of a guardian, trustee, or
			 conservator with respect to a person with
			 mental illness.
(9) "Conservator"
			 means a conservator of the person pursuant to an appointment by a probate court
			 under Chapter 2111. of the Revised Code.
(10) "Board" means 
									a board of alcohol, drug
			 addiction, and mental health services
			 .
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-01 - Applicability

Current through all regulations passed and filed through July 1, 2024
(A) The provisions
			 of the rules contained in this chapter are applicable to each provider:
(1) Providing mental health and addiction
			 services that are funded by, or funding is being sought from:
(a) The Ohio medicaid program for community
			 mental health or community addiction services.
(b) A board of alcohol, drug addiction, and
			 mental health services.
(c) Federal
			 or department block grant funding for certified services.
Any service contact provided by a provider that is paid for by
				the Ohio medicaid program for community mental health or community addiction
				services, or in whole or in part by any community mental health board of
				alcohol, drug addiction, and mental health service or federal or department
				block grant funding shall be subject to the provisions of this chapter.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-02 - Accreditation and deemed status

Current through all regulations passed and filed through July 1, 2024
(A) A provider seeking certification for one
			 or more of the following services may attain appropriate behavioral health
			 accreditation, which includes an accrediting body survey of the actual
			 provision of services, prior to submitting an application for certification:
(1)
									General
			 services as defined in rule
			 5122-29-03 of
			 the Administrative Code;
(2)
									Mental health day treatment service as defined in rule
			 5122-29-06
			 of the Administrative Code;
(3)
									Residential and withdrawal management substance use
			 disorder service as defined in rule
			 5122-29-09
			 of the Administrative Code;
(4) Crisis intervention
			  service as defined in rule
			 5122-29-10
			 of the Administrative Code;
(5)
									SUD case management service as defined in rule
			 5122-29-13
			 of the Administrative Code;
(6) Community psychiatric supportive
			 treatment (CPST) service as defined in rule
			 5122-29-17
			 of the Administrative Code;
(7)
									Therapeutic behavioral services and psychosocial
			 rehabilitation service as defined in rule
			 5122-29-18
			 of the Administrative Code;
(8) Intensive home
			 based treatment (IHBT) service as defined in rule
			 5122-29-28
			 of the Administrative Code;
(9) Assertive community
			 treatment (ACT) service as defined in rule
			 5122-29-29
			 of the Administrative Code;
(10) Prevention
			 services as defined in rule
			 5122-29-20 of
			 the Administrative Code.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-03 - Certification procedure for non-deemed status

Current through all regulations passed and filed through July 1, 2024
(A) Any provider subject to or seeking
			 certification under this rule shall apply to the
			 department by filing an application.
(1) A
			 provider that is not requesting deemed status by the department according to
			 rule
			 5122-25-02
			 of the Administrative Code shall file an application that includes, but is not
			 limited to:
(a) Identifying information
			 including:
(i) Legal name as filed with the
			 Ohio secretary of state, including any fictitious name ("doing business as") if
			 applicable;
(ii) Addresses and
			 telephone numbers at which the applicant operates and address for legal notice
			 and correspondence. Each provider shall have at least one physical location
			 that is certified. A location which would be considered the client's natural
			 environment (e.g. school, home, job and family services agency) is not
			 considered a site and need not be certified;
(iii) Governing structure
			 and the names and contact information of the governing
			 body, board of directors, LLC members, or similar body;
(iv) Provider budget;
(v) Table of organization;
(vi) Name and e-mail address of executive
			 director, chief executive officer, or president;
(vii) Name and e-mail address of designated
			 provider contact person who shall be the primary contact on behalf of the
			 provider;
(viii) Current and
			 previous history of state agency licensure and certification;
(ix)
											Whether the
			 provider is requesting certification to provide mental health services,
			 addiction treatment services, or services to both populations;
(x) Policies and procedures, plans and other
			 documentation required by Chapters 5122-26 to 5122-29 of the Administrative
			 Code;
(xi) List of qualified
			 providers and supervisor according to Chapter 5122-29
			  of the Administrative Code
			 and the services they provide and/or supervise, and license number;
(xii) List of services according to Chapter
			 5122-29  of the
			 Administrative Code to be provided during the term of certification;
(xiii) Number of beds for each
			 residential and withdrawal management substance use disorder
			 services location; and,
(xiv)
											Other information or material if requested by the
			 department to determine the applicants services meet certification
			 standards.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-04 - Certification procedure for deemed status

Current through all regulations passed and filed through July 1, 2024
(A) Any provider subject to or seeking
			 certification under this rule shall apply to the
			 department by filing an application.
(1) A
			 provider that has received accreditation for one or more of the services in
			 which it is seeking certification, and is applying for deemed status from the
			 department according to rule 5122-25-02 of the Administrative Code shall file an
			 application that includes:
(a) Identifying
			 information including:
(i) Legal name as filed
			 with the Ohio secretary of state, including any fictitious name ("doing
			 business as") if applicable;
(ii)
			 Addresses and telephone numbers at which the applicant operates and address for
			 legal notice and correspondence. Each provider shall have at least one physical
			 site that is certified. A location which would be considered the client's
			 natural environment (e.g. school, home, job and family services agency) is not
			 considered a site and need not be certified;
(iii)
											Governing
			 structure and the names and contact information of the governing body, board of
			 directors, LLC members or similar body;
(iv) Name and e-mail
			 address of executive director, chief executive officer or president;
			 and
(v) Name and e-mail
			 address of designated provider contact person who shall be the primary contact
			 on behalf of the provider;
(vi) Current and
			 previous history of state agency licensure and certification;
(vii)
											Whether the provider is requesting certification to provide
			 mental health services, addiction treatment services, or services to both
			 populations;
(viii) A list of
			 services according to Chapter 5122-29  of the Administrative Code to be provided during the term of
			 certification;
(ix) Number of beds
			 for each residential and withdrawal management substance use disorder
			 services location;
(x) A
			 description of the provider's purpose, mission and goals if a provider is
			 applying for its first certification; and,
(xi)
											Other
			 information or material if requested by the department to determine the
			 applicants services meet certification standards.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-05 - Interim certification process and provisions of certification

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as provided for in this rule, no person or
			 government entity shall provide any of the following alcohol and drug addiction
			 services unless the services have been certified under this chapter:
(1)
									Residential and
			 withdrawal management substance use disorder services provided in a setting
			 other than an acute care hospital;
(2)
									Addiction
			 services provided in a residential treatment setting;
(3)
									One or more of
			 the following addiction services provided on an outpatient basis:
(a)
										General
			 services.
(b)
										Crisis intervention service.
(c)
										Peer recovery
			 services.
(d)
										SUD case management services.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-06 - Waivers and variances

Current through all regulations passed and filed through July 1, 2024
(A) The department may grant a waiver or
			 variance from any certification standard, or portion thereof, for a period of
			 time determined by the department, but that shall not exceed the expiration
			 date of the current certificate. However, requests for waivers and variances
			 that would adversely affect the quality of services or the health and safety of
			 clients will not be granted.
(B)
								
								A
			 provider shall submit a written request to the department for a waiver or
			 variance. The written request shall state clearly the rationale and need for
			 the requested waiver or variance.
Within thirty days of receipt of the written request, the
				department shall:
(1) Provide a specific
				response to the request; or
(2)
				Provide an estimate to the 
										provider of the timeframe in which the department
				will be able to provide a specific response to the request.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-07 - Denial, revocation, and termination of certification

Current through all regulations passed and filed through July 1, 2024
(A) The director
			 may deny or revoke certification for one or more of the following reasons:
(1) The provider fails to comply with any
			 certification standard for which it has not been granted deemed status in
			 accordance with rule
			 5122-25-02
			 of the Administrative Code;
(2) The
			 provider misuses or fails to properly account for the disbursement of state or
			 federal funds;
(3) The provider
			 provides false or misleading information or
			 documentation to the department, Ohio medicaid, or a board;
(4) The provider permits an employee to
			 falsify information on client records;
(5)
									The provider
			 becomes aware of an employee falsifying information on client records which
			 have been billed to the Ohio medicaid program for community mental health or
			 community addiction services and fails to pay back the funds within thirty days
			 or notify Ohio medicaid within thirty days.
(6) The provider is
			 aware of an employee who has abused or neglected a client and has failed to
			 take appropriate disciplinary action to correct the situation;
(7)
			 The provider fails to provide timely access to its records as requested by the
			 department;
(8) Upon the renewal of
			 a provider's 
									probationary certificate issued in accordance
			 with paragraph (F)(1) of rule
			 5122-25-05
			 of the Administrative Code; or,
(9) The provider:
(a) Loses accreditation as specified in
			 paragraphs (A) and (C) of rule
			 5122-25-02
			 of the Administrative Code; or
(b)
			 Fails to timely notify the department of its decision not to renew its
			 accreditation; or,
(c) If the
			 provider or principal in the provider has been convicted of medicaid
			 fraud.
(10)
									The provider alters or modifies its
			 certificate.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-25 - Certification › Section 5122-25-08 - Certification fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Deemed
			 status
Providers who have received deemed
				status pursuant to rule
				5122-25-04
				of the Administrative Code are subject to the following fee
				structure:
(1)
									A provider applying for initial or renewal
			 certification and deemed status that has obtained appropriate accreditation for
			 all of the services in which it is seeking certification and for which its
			 accrediting body has standards shall be exempt from paying a certification fee
			 unless a fee is owed under paragraph (F) or (G) of this rule. Paragraph (C) of
			 this rule is not applicable to a provider who has all services accredited for
			 which an accrediting body has standards, regardless of requesting certification
			 for other services.
(2)
									A provider applying for initial or renewal
			 certification and deemed status which has obtained accreditation for some, but
			 not all, of the services for which it is seeking certification and for which an
			 accrediting body has standards shall pay a certification fee in accordance with
			 paragraph (C) of this rule for those services which are not accredited, along
			 with an additional partial deemed status fee of one thousand dollars. If
			 applicable, the provider is also subject to a certification fee in accordance
			 with paragraph (F) and/or paragraph (G) of this rule.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-26 - Policies and Procedures for the Operation of Mental Health Services Agencies › Section 5122-26-01 - Purpose

Current through all regulations passed and filed through July 1, 2024
The purpose of this chapter is to state the requirements for
				written policies and procedures for  providers that provide 
								addiction treatment or mental
				health services and activities.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-26 - Policies and Procedures for the Operation of Mental Health Services Agencies › Section 5122-26-02 - Applicability

Current through all regulations passed and filed through July 1, 2024
(A)
								The provisions of
			 the rules contained in this chapter are applicable to each provider:
(1)
									Providing mental
			 health and addiction services that are funded by, or funding is being sought
			 from:
(a)
										The
			 Ohio medicaid program for community mental health or community addiction
			 services.
(b)
										A board of alcohol, drug addiction, and mental health
			 services.
(c)
										Federal or department block grant funding for certified
			 services.
Any service contact provided by a
				provider that is paid for by the Ohio medicaid program for community mental
				health or community addiction services, or in whole or in part by any community
				mental health board of alcohol, drug addiction, and mental health service or
				federal or department block grant funding shall be subject to the provisions of
				this chapter.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-26 - Policies and Procedures for the Operation of Mental Health Services Agencies › Section 5122-26-03 - Governing body and governance

Current through all regulations passed and filed through July 1, 2024
(A) Each 
								provider shall
			 have a leadership structure. The leadership structure shall identify who is
			 responsible for:
(1) Governance;
(2)
									
									Provider
			 administration, i.e. planning, management and operational activities; and,
(3)
			 Provision of  services.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-26 - Policies and Procedures for the Operation of Mental Health Services Agencies › Section 5122-26-04 - Policy and procedure manual

Current through all regulations passed and filed through July 1, 2024
(A) Each 
								provider shall
			 develop a written manual of policies and procedures regarding all services and
			 activities of the provider.
(B) The policy and procedure manual shall be
			 available for review by staff, persons served and their family and significant
			 others.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-26 - Policies and Procedures for the Operation of Mental Health Services Agencies › Section 5122-26-06 - Human resources management

Current through all regulations passed and filed through July 1, 2024
(A)
								The purpose of
			 this rule is to establish that the provider's human resource management
			 processes shall assure the provider is able to provide quality, client-driven
			 treatment services in a safe, respectful environment.
(B)
								In addition to
			 the definitions in rule
			 5122-24-01
			 of the Administrative Code, the following definition shall apply to this
			 rule:
"Personnel" means any paid or unpaid
				person, volunteer, contract worker, student intern or other person who is a
				part of an provider's workforce, including but not limited to those who perform
				management, clinical, operations, clerical, or other functions in support of
				the provider's mission, vision and goals. Contract worker does not include an
				individual or company with whom the provider contracts to perform occasional
				maintenance such as lawn care, snow removal, painting, etc. Staff or employee
				shall have the same meaning as personnel.
(C)
								The provider's
			 human resources management policies, procedures and processes shall
			 assure:
(1)
									Development of a workforce comprised of competent, qualified
			 staff, including clinical and non-clinical staff.
(2)
									Appropriate and
			 adequate supervision.
(3)
									Continuing education.
(4)
									Maintaining
			 appropriate documentation.