Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-30 - Licensing of Residential Facilities › Section 5122-30-24 - Resident agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								The provisions of
			 this rule are applicable to each residential facility.
(B)
								The provision of
			 room and board, accommodations, supervision, and personal care services shall
			 be consistent with the requirements for licensure and shall be specified in a
			 written residential resident agreement executed between the operator and each
			 resident, or guardian/custodian prior to residency. The agreement shall be
			 signed and dated by the operator or his/her designee, and the prospective
			 resident or guardian/custodian. If the prospective resident is physically
			 unable to sign and consent, another individual designated by the prospective
			 resident shall sign. The facility shall provide both the prospective resident
			 and any other individual signing on his or her behalf with a copy of the
			 agreement and shall explain the agreement to them.
(C)
								The following
			 shall be specified in a resident agreement:
(1)
									Specifications of
			 accommodations provided in a class one or class two facility or room and board
			 provided in a class three facility.
(2)
									Supervision and
			 personal care services available to a resident in a class one or class two
			 facility.
(3)
									Specification of the monthly charges to the resident,
			 and any additional itemized fees.
The operator may not charge an
				additional fee beyond the standard monthly charges for room and board (sleeping
				and living space, meals or meal preparation, laundry services, housekeeping
				services, or any combination thereof), personal care services if applicable,
				and basic cable service if offered. If the operator charges an additional fee
				for internet or cable service beyond basic cable, each resident must have the
				option of whether to agree to such a charge, and the total charges to all
				residents may not exceed the actual cost charged to the facility by the cable
				or internet provider for the internet or additional cable service.
For a resident receiving residential
				state supplemental payment, specification that the monthly charge for room and
				board, supervision and personal care services shall not exceed the amount
				specified in Chapter 5122-36 of the Administrative Code.
(4)
									Provisions concerning refunds of resident's monthly charges
			 in the event of the resident's absence from the facility.
(5)
									Specification of
			 security deposit required, if any, and the terms for refunding same to the
			 resident in the event of the resident's discharge or transfer from the
			 facility.
(6)
									A statement that no charges, fines, or penalties will
			 be assessed against the resident other than those stipulated in the
			 agreement.
(7)
									Provision for thirty day prior verbal and written
			 notification for increasing monthly charges.
(8)
									A copy of
			 procedures to be used for the referral of a resident with mental illness for
			 mental health evaluation and services and the role of the facility regarding
			 the resident's receipt of appropriate services from mental health providers, as
			 applicable if the facility accepts persons with mental illness for
			 admission.
(9)
									Any facility policies the resident must follow,
			 including smoking policy or "house rules" if applicable. The facility may
			 include the policy or house rules in the resident agreement, or make reference
			 in the agreement that the resident must follow the facility's written policies
			 or rule, which shall be posted in an area accessible to all residents and
			 readily visible.
No house rule or facility policy, or
				portion therein, shall conflict with resident rights established by rules
				5122-30-22
				and 5122-30-22.1 of the Administrative Code.
(10)
									In a class two
			 or three facility, the specifications of the visitation policy for adults; and
			 the visitation policy shall not conflict with resident rights established by
			 rule 5122-30-22.1 of the Administrative Code.
(11)
									In a class two
			 or three facility, the specifications of the roommate policy.
(12)
									A statement
			 that, except for provider agency managed payeeship programs when the provider
			 agency is the operator of the class one facility, at no time shall the staff or
			 operator of a facility assume payeeship for a resident's income, require income
			 checks to be signed over to or be cashed by facility staff, nor in any manner
			 establish controls over the handling of any resident's funds. This does not
			 prevent a facility from providing a central locked storage for resident's funds
			 or other valuables. If a facility offers such storage, the residential
			 agreement must specify whether the resident may access their property at any
			 time, upon request, or a schedule of hours each day of the week during which a
			 resident may access their property. Restrictions may only be in accordance with
			 written instructions from a guardian, if applicable.
Nothing stated herein shall be
				construed to entitle any resident to not pay incurred costs of room and board
				as stated in the resident agreement. Nothing in this rule shall preclude
				individualized treatment plan or personal care specific requirements, e.g. -
				budgeting skills, or a facility policy and procedure to safeguard client funds
				upon their request.
An employee of a class one facility
				that has a previously established legal relationship to a resident, e.g.
				parent, spouse or child, may serve as a guardian or payee for the resident if
				permitted by facility policy.
(13)
									For a class
			 three facility, a statement that the facility is not permitted to monitor,
			 supervise, administer or assist in the self-administration of medication to any
			 resident, and shall not lock, store, secure or otherwise be responsible in any
			 way for a resident's medication, and that residency in the facility shall not
			 be contingent upon taking medication. Resident's shall keep medication in a
			 locked personal storage area as required by paragraph (E) of rule
			 5122-30-28 of the
			 Administrative Code.
Replaces: 5122-30-24