Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-4 - County Boards of Developmental Disabilities › Section 5123-4-04 - Resolution of complaints involving county boards of developmental disabilities and appeals of adverse action proposed or initiated by county boards of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth the process for
				resolution of complaints involving the programs, services, policies, or
				administrative practices of a county board of developmental disabilities or an
				entity under contract with a county board of developmental disabilities; the
				process for individuals to appeal adverse actions proposed or initiated by a
				county board of developmental disabilities; and the requirement for a county
				board of developmental disabilities to give notice of the process to be
				followed for resolution of complaints and appeals of adverse
				action.
(B)
								Scope
(1)
									Any individual or person, other than an employee of the
			 county board, may file a complaint using the process set forth in this rule. An
			 individual may appeal an adverse action using the process set forth in this
			 rule. The process set forth in this rule shall be followed before commencing a
			 civil action.
(2)
									This rule shall not be applicable:
(a)
										When the county
			 board is a vendor or subcontractor for service delivery.
(b)
										To education
			 services arranged by the local education agency. Complaints or appeals
			 concerning such services shall follow rules adopted by the Ohio department of
			 education.
(c)
										To services provided under part C of the Individuals
			 with Disabilities Education Act, 34 C.F.R. 303, as in effect on the effective
			 date of this rule. Complaints or appeals concerning such services shall follow
			 rules in Chapter 5123-10 of the Administrative Code.
(d)
										To medicaid
			 services including home and community-based services waiver services and
			 targeted case management services. Complaints or appeals concerning such
			 services shall follow rules adopted by the Ohio department of medicaid. The
			 county board shall not require the use of the process set forth in this rule
			 for issues regarding medicaid services.
(e)
										To performance of
			 health-related activities and administration of medication by developmental
			 disabilities personnel pursuant to the authority granted pursuant to section
			 5123.42 of the Revised Code or
			 compliance with Chapter 5123:2-6 of the Administrative Code. Complaints or
			 appeals concerning such matters shall be made to the department using the
			 process established in rule
			 5123:2-17-01
			 of the Administrative Code.
(f)
										To services
			 provided to a resident of an intermediate care facility for individuals with
			 intellectual disabilities by that facility, or provided on behalf of or through
			 a contract with an intermediate care facility for individuals with intellectual
			 disabilities. Complaints or appeals concerning such services shall follow
			 regulations governing intermediate care facilities for individuals with
			 intellectual disabilities.
(3)
									If the county
			 board determines that a complaint or appeal of adverse action filed with the
			 county board is not subject to this rule, the county board shall provide
			 information to the individual or person filing the complaint or appeal,
			 including the name and telephone number, if available, of the appropriate
			 entity with which to file the complaint or appeal of adverse
			 action.
(4)
									An individual receiving non-medicaid supported living
			 services shall follow the terms of the contract of the service provider, as
			 required by section 5126.45 of the Revised Code,
			 prior to beginning the process for resolution of complaints or appeals of
			 adverse action established in this rule.