reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-05 - Care coordination, transition planning, and continuity of care

Current through all regulations passed and filed through July 1, 2024
(A)
								The PRTF coordinates care with other providers during
			 treatment, as part of transition planning and after treatment.
(B)
								The PRTF
			 recognizes that transition to the community is challenging for the youth and
			 family or caregiver and assures that services and supports are in place to
			 support the youth's successful return to the community.
(C)
								Individualized
			 transition planning begins within twenty-four hours of admission with a strong
			 focus on family and caregiver education and engagement in the care of youth,
			 and coordination with partnering entities.
(D)
								The PRTF partners
			 with OhioRISE care coordination to develop discharge plan back into the
			 community that includes consistent collaboration during the youth's PRTF
			 stay.
(E)
								The PRTF partners with the youth and family to engage
			 and utilize natural community supports as part of transition
			 planning.
(F)
								The PRTF coordinates with community providers or
			 partners prior to the transition to ensure services are not
			 interrupted.
(G)
								PRTFs serving youth with co-occurring behavioral health
			 and intellectual or developmental disabilities will coordinate with the
			 department of developmental disabilities assigned regional
			 coach.
(H)
								The PRTF will make training available to family and
			 community partners, as needed to serve the needs of the youth.
(I)
								The PRTF is
			 available to community partners, as well as the youth and family or caregiver
			 at least six months post discharge when the youth is transitioned to a
			 community setting, including at least monthly contact with the youth and family
			 or caregiver unless the youth and family or caregiver decline this contact when
			 the PRTF discusses it and offers it as part of discharge
			 planning.
(J)
								The PRTF provides written documentation to all
			 participants of the transition plan at least forty-eight hours prior to the
			 youth leaving the PRTF with information on how to access additional supports
			 from the PRTF and community providers including contact information and steps
			 necessary to access each provider.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-06 - Staffing, staffing qualifications, and staff ratios

Current through all regulations passed and filed through July 1, 2024
PRTF staff will be:
(A)
								Physician medical
			 director. If the medical director is not a board certified or board eligible
			 psychiatrist, the PRTF will also employ or contract with a psychiatrist who
			 meets this qualification.
(B)
								Administrative director, who will meet one of the
			 following qualifications:
(1)
									Master's degree in human services field plus two years
			 prior human services supervisory experience; or,
(2)
									Bachelor's degree
			 in human services field plus four years prior human services program
			 supervisory experience.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-07 - Individual plan of care and services

Current through all regulations passed and filed through July 1, 2024
(A)
								PRTF services
			 will involve "active treatment," which means implementation of a professionally
			 developed and supervised individual plan of care described in paragraph (B) of
			 this rule, that is:
(1)
									Developed and implemented as soon as possible but not
			 later than fourteen days after admission; and,
(2)
									Designed to
			 achieve the youth's transition from the PRTF at the earliest possible
			 time.
Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-41 › Section 5122-41-08 - Staff training

Current through all regulations passed and filed through July 1, 2024
(A)
								All clinical
			 staff will receive initial training in evidence-based practices utilized by the
			 PRTF within thirty days of hire and on-going training thereafter as
			 needed.
(B)
								All staff and volunteers will:
(1)
									Receive training
			 in de-escalation strategies which includes practicing techniques presented
			 prior to working with youth in the PRTF and at least every twelve months
			 thereafter.
(2)
									Trauma-informed training is to occur within the first
			 thirty days after the date of hire, and annually thereafter. The necessary
			 trauma competencies are located at
http://jfs.ohio.gov/ofc/Family-First.stm
.
(3)
									Complete training in the following, as appropriate to
			 their role, within thirty days of hire:
(a)
										Cultural
			 competency; and,
(b)
										Health care provider communications.
(4)
									Complete training in calming and coping strategies within
			 thirty days of hire.
(5)
									Complete training in anti-bullying techniques within
			 thirty days of hire.
Ohio Administrative Code › Title 5122:1 - Fiscal Administration › Chapter 5122:1-3 - Financial Requirements for Boards › Section 5122:1-3-02 - Department withholding funds

Current through all regulations passed and filed through July 1, 2024
(A)
								 The Ohio department of mental health and addiction
			 services (OhioMHAS) may withhold all or part of the state and federal funds
			 allocated or granted by the department to a board of alcohol, drug addiction,
			 and mental health services for any of the following:
(1)
									 The failure to
			 comply with Chapter 340. or section
			  5119.22,
			  5119.24,
			  5119.36, or
			  5119.371  of the Revised
			 Code.
(2)
									 The board denies available service on the basis of
			 race, color, religion, creed, sex, age, national origin, disability as defined
			 in section  4112.01  of the Revised Code, or
			 developmental disability.
(3)
									 The failure of the board to comply with rules adopted
			 by OhioMHAS.
In accordance with this rule, the
				director shall withhold funds from a board when required to do so by division
				(A)(4) of section  340.08  of the Revised Code or
				division (G)(1) of section
				 5119.22  of the Revised
				Code
Ohio Administrative Code › Title 5122:1 - Fiscal Administration › Chapter 5122:1-5 - Financial Requirements for Contract Agencies › Section 5122:1-5-01 - Annual budget, financial reporting and independent financial audit requirements

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of
			 this rule is to establish annual budget, financial reporting, and independent
			 financial audit requirements for community mental health
			 services
			 providers or community addiction services providers (services provider)
			 certified by the department in accordance with section
			 
									5119.36
								 of the Revised Code.
(B) Annual budget requirements
All
				certified 
									service providers shall have an annual revenue
				and expenditure budget that has been approved by the board of directors of the
				service provider prior to the beginning of each fiscal
				year.
Budgetary revisions made during the fiscal year shall be
				documented and approved by the board of directors of the
				service provider.
(C) Financial reporting requirements
(1) The service provider
			 shall prepare periodic, and, at minimum quarterly, financial statements that
			 reflect the fiscal transactions and current financial position of the agency.
(a) These periodic statements shall be
			 brought to the attention of the provider's
			 board of directors on at least a quarterly basis; and
(b) Minutes of the meetings of the
			 
										provider's board of directors must reflect that the
			 periodic financial statements have been reviewed by the board.
Ohio Administrative Code › Title 5122:2 - Operations Management › Chapter 5122:2-1 - Community Mental Health Board Operations › Section 5122:2-1-02 - Board client rights and grievance procedure

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to describe
			 the role and responsibilities of  boards in the client rights and grievance procedures.
(B) The provisions of this rule are
			 applicable to each board of alcohol, drug addiction,
			 and mental health services constituted according to section
			  340.02 
			 of the Revised Code, or a community mental health board
			 or an alcohol and drug addiction services board as
			 described in section
			  340.021 
			 of the Revised Code. In addition, the provisions of rule 5122-26-18 of  the Administrative Code are also applicable to each  board which itself
			 provides mental health or addiction services when
			 permitted to do so in accordance with  section 
									340.037
								of the Revised Code.
(C)
			 Definitions.
(1)
									"Board" means a board of alcohol, drug addiction, and mental
			 health services constituted according to section
			  340.02 
			 of the Revised Code, or a community mental health board or an alcohol and drug
			 addiction services board as described in section
			  340.021 
			 of the Revised Code.
(2) "Client
			 advocate" means the individual designated by a
			 community mental health or addiction services provider or board with responsibility for assuring
			 compliance with the client rights and grievance procedure rule as implemented
			 within each 
									provider or board. For these purposes the
			  the
			  title 
									has the same meaning as
			 client rights officer or client rights
			 specialist.
(3) "Contract provider" means
			 a public or private service provider with which a  board enters into a
			 contract for the delivery of mental health or
			 addiction services. A board which is itself providing mental health
			 or addiction services is subject to the same
			 requirements and standards which are applicable to contract
			 providers, as specified in rule 5122:2-1-05 of  the Administrative Code.
(4) "Grievance" means
			 a written complaint initiated either verbally or in writing by a client or by
			 any other person or 
									provider on behalf of a client regarding denial
			 or abuse of any client's rights.
(5) "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 5122:2 - Operations Management › Chapter 5122:2-1 - Community Mental Health Board Operations › Section 5122:2-1-04 - Department of mental health and addiction services appointments to boards

Current through all regulations passed and filed through July 1, 2024
(A) Purpose. The
			 purpose of this rule is to establish a procedure for the Ohio department of
			 mental health and addiction services (OhioMHAS)
			 appointment of members of  boards established pursuant to section
			  340.02 
			 of the Revised Code, including reasonable notification of the interested
			 public.
(B)
								 "Board" for the purposes of this rule means any community
			 mental health board; alcohol, drug addiction, and mental health services board;
			 alcohol and drug addiction services board; or any other board established
			 pursuant to section
			  340.02 
			 of the Revised Code.
(C) Procedure
(1) When a vacancy becomes available for
			 a department appointment or reappointment to a
			 board, the 
									board shall notify the OhioMHAS
			 office of community support.
(2)
									The board may use public
			 notification through posting, media, etc., to assure reasonable notification of
			 the interested public. Any such notification shall include:
(a) Eligibility requirements for board
			 membership under section
			  340.02 
			 of the Revised Code;
(b) Duties and
			 responsibilities of a 
										board member as defined by statute;
(c)
										Length of the term of the
			 vacancy being filled;
(d)
			 Specific requirements for the board vacancy which is under consideration, if
			 such requirements are present;
(e) Procedure and time limits for
			 application;
(f) Process of
			 obtaining state application form for appointment;
(g) Application and selection procedure as
			 described in paragraph (B)(3) of this rule.
(3)
(a)
			 Applications shall be prepared on the form 
										provided by OhioMHAS, which shall include the board being
			 applied for, appointment type, name of applicant, address, county of residence,
			 education, experience, any applicable licensing information, a personal
			 statement, demographic information, the applicant's signature, and the
			 opportunity for the board to recommend the appointment and request waiver of
			 appointment types.
(b)
										 The receipt of applications, review and screening of
			 applications, and interviewing of applicants may be delegated upon the
			 discretion of the director of OhioMHAS. Notice of this delegation of authority
			 shall be given to the board in written form with directions for forwarding to
			 the department the results of these activities.
(c)
			 The director, or the director's designee, will
			 evaluate eligible candidates with the following priorities:
(i) Statutory requirements regarding
			 the appointment ;
(ii) Effort to balance the composition of the
			 board.
Ohio Administrative Code › Title 5122:2 - Operations Management › Chapter 5122:2-1 - Community Mental Health Board Operations › Section 5122:2-1-05 - Board operation of mental health or addiction services or facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								The purpose of this rule is to establish the
			 requirements and procedures for department of mental health and addiction
			 services authorization of a board of alcohol, drug addiction, and mental health
			 services to operate a facility or provide an addiction service or mental health
			 service.
(B)
								The provisions of this rule apply to any mental health
			 or addiction service or activity specified section
			  340.036 
			 of the Revised Code, or to any facility in which such services are provided,
			 and which operate under contract with the board.
(C)
								Definitions For
			 the purposes of this rule and section
			  340.037 
			 of the Revised Code the following definitions apply:
(1)
									"Board" means a
			 board of alcohol, drug addiction, and mental health services constituted
			 according to section
			  340.02 
			 of the Revised Code, or a community mental health board or an alcohol and drug
			 addiction services board as described in section
			  340.021 
			 of the Revised Code.
(2)
									"Director" means the chief executive and administrative
			 officer of the Ohio department of mental health and addiction
			 services.
(3)
									"Emergency" means the imminent risk of a severe
			 disruption or discontinuation of direct client services. For example, the
			 sudden and unanticipated loss of funding or the loss of key staff may create a
			 severe disruption or discontinuation of services.
(4)
									"Facility" means
			 a building, structure or other improvement, equipment, and real property and
			 interests in real property.
(5)
									"Operation of
			 services, or facilities" means decision making or control and influence over
			 decision making in the management or performance of a service, or
			 facility.
Ohio Administrative Code › Title 5122:2 - Operations Management › Chapter 5122:2-1 - Community Mental Health Board Operations › Section 5122:2-1-06 - Mediation procedures for boards of alcohol, drug addiction, and mental health services and service providers of those boards

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule shall be to
			 establish mediation procedures for  boards of alcohol, drug addiction, and
			 mental health services (boards) and community addiction, gambling
			 addiction, or community mental health services providers (service providers)
			 contracted by
								 those
			 boards.
(B) The provisions of this
			 rule shall be applicable to the department of
			 mental health and addiction services,  boards and
			 service providers.
(C) The provisions of this rule shall be
			 liberally construed to promote resolution of disputes between
			  boards and
			 service providers.
(D) Request for mediation
(1) If either a board or
			 a service
			 provider with which it contracts for  services, programs, or facilities proposes not to renew the
			 contract or proposes substantial changes in contract terms, the other party
			 shall be given written notice at least one hundred twenty days before the
			 expiration date of the contract.
(2) The party given such notice may request
			 advisory mediation within sixty days before the expiration date
			 of the contract.
(3) Request
			 for mediation shall be in writing addressed to the "Office of Legal and Regulatory
			 Services, Department of Mental Health and
			 Addiction Services, 30 E. Broad Street, Columbus, Ohio 43215."
(4) Requests shall include a copy of the
			 contract or agreement between the parties and a brief statement of issues in
			 dispute.
(5) The
			 office of
			 legal regulatory services shall contact the other party to the dispute
			 within seven calendar days of receipt of the request to determine whether that
			 party agrees to mediate the dispute.
(6) Should one party not agree to mediation,
			 the 
									office of
			 legal and regulatory services shall notify both parties accordingly. No
			 further procedures are then required by this rule.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used 
								in this chapter:
(A) "A/E" means an architectural or
			 engineering firm whose principal or principals are licensed by the state of
			 Ohio to practice their respective professions in Ohio.
(B) "Applicant" means any of the following
			 who submit an application to the department for community assistance capital
			 funds:
(1) A state agency other than the
			 department authorized to provide mental health or addiction
			 
									services;
(2) A board of county
			 commissioners;
(3)
									
									A political subdivision of the state of
			 Ohio;
(4) A
			  board of alcohol, drug addiction,
			 and mental health services ; or
(5) A nonprofit corporation specifically
			 chartered to provide a mental health or substance use service when such a
			 service fulfills a public purpose as provided by division (F) of section
			 154.20 of the Revised
			 Code.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-02 - Responsibility of the department

Current through all regulations passed and filed through July 1, 2024
(A) Department priorities
(1) The director, in consultation with the
			 chief, 
									is
			 to determine priorities for community mental health and addiction
			 
									services programs and facility requirements for the
			 succeeding biennium on the basis of program and service needs in the community.
			 Individual project priorities may be considered by the director.
(2) The department priorities may be reviewed
			 and evaluated by the director and periodically revised or amended.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-03 - Submission of community capital plan and development of application

Current through all regulations passed and filed through July 1, 2024
Each board 
								is to submit to the department a community
				capital plan for its service district in accordance with instructions and a
				schedule for submission announced by the director. The community capital plan
				
								is to
				propose projects for construction assistance according to
				
								board needs and priorities. The community capital plan
				may include projects specific to the 
								board's
				service district and projects jointly proposed by two or more boards for their
				service districts. The community capital plan functions as a preapplication for
				community construction assistance funds.
The director, in consultation with the chief,
				
								will
				identify projects proposed through the community plans or otherwise identified
				by the director that meet the priorities established pursuant to paragraph (A)
				of rule
				5122:3-1-02 of the
				Administrative Code. The chief, or designee, 
								will work with
				the identified project lead to develop the application for community capital
				assistance funds.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-05 - Requirements for project approval

Current through all regulations passed and filed through July 1, 2024
Each application for state funds 
								is to contain
				documentation demonstrating compliance or assurances of compliance with all
				applicable requirements of this rule. State funding participation in a project
				will be
				disapproved for failure to provide necessary assurances or documentation. State
				funding participation already approved for a project may be withdrawn for
				failure to comply with the applicable assurances or requirements stated in this
				rule.
(A)
								
								Except as provided in paragraph (B) of this rule,
			 an applicant  or
			 the approved tax credit owner for which it is the approved tax credit
			 managerwill assure both of the following:
(1)
									That it has or
			 will have fee simple title to the property on which the project is to be
			 located;
(2)
									That it will, prior to the state funding of any project
			 costs, be in lawful possession of the property on which the project is to be
			 located, including any necessary easements or rights of way.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-07 - Selection of architect or engineer (A/E)

Current through all regulations passed and filed through July 1, 2024
Projects involving state funds for renovation or construction
				in any portion of the project 
								are to comply with
				sections 153.65 to
				153.99 of the Revised Code and
				the community capital assistance projects process
				guidelines (updated April 2019), available at
				https://mha.ohio.gov/static/Portals/0/assets/SchoolsAndCommunities/CommunityAndHousing/Community-Planning/2019/CAPITAL.GUIDELINES_rev_April2019.pdf?ver=2019-08-09-132425-143
				[File Link Not Available].
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-09 - Standards of construction

Current through all regulations passed and filed through July 1, 2024
(A)
								 Any project, when completed and ready for occupancy or
			 operation, 
								is
			 to meet all standards and requirements of applicable federal, state, and local statutes and ordinances, state and local
			 building and fire codes, and standards and requirements to make the project
			 eligible for funds for operations and client care and treatment.
(B)
								
								A project
			 
								is to
			 be designed and constructed to meet all program and licensure requirements of
			 the department, if applicable, and comply with the program as indicated in the
			 application unless a modification has been approved by the
			 department.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-10 - Project cost confirmation

Current through all regulations passed and filed through July 1, 2024
Prior to approval of the bid documents as described in the
				community capital assistance projects process
				guidelines (updated April 2019), available at
				https://mha.ohio.gov/static/Portals/0/assets/SchoolsAndCommunities/CommunityAndHousing/Community-Planning/2019/CAPITAL.GUIDELINES_rev_April2019.pdf?ver=2019-08-09-132425-143
				[File Link Not Available], the applicant 
								will provide to
				the chief the estimated project budget in accordance with the
				guidelines.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-11 - State participation in project cost

Current through all regulations passed and filed through July 1, 2024
(A)
								 The director is to determine
			 the amount of department funding participation in a
			 project.
(B)
								 The chief, as a part of a
			 construction or purchase and renovation project, may consider and include the
			 value of property owned by an applicant or the approved tax credit owner for
			 which it is the approved tax credit manager as part or all of the applicant's
			 share of approved project costs in an amount that does not exceed the
			 applicant's share of approved project costs.
(1) The property 
									or buildings
			 thereon 
									will be approved by the chief and the deputy director
			 as to programmatic and size suitability and economic feasibility.
(2) The property value to be used for the
			 applicant's share of approved project costs 
									will be based
			 on a recent appraisal value or other indicator of value approved by the chief
			 .
(3) Property owned by an applicant or the
			 approved tax credit owner for which it is the approved tax credit manager may
			 be valued and utilized for the applicant's share of approved project costs on a
			 one-time basis only and for only one project on any one parcel of
			 property.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-12 - Project cost adjustments

Current through all regulations passed and filed through July 1, 2024
(A) If the chief, at any time during project
			 development, determines through cost analyses that the estimated project cost
			 is greater than the estimate submitted in the application and necessitates
			 additional applicant funding, the applicant 
								will be so
			 advised and requested to assure the availability of such additional funding. In
			 the event such additional funding is not available, the applicant or the
			 approved tax credit owner for which it is the approved tax credit manager
			 
								will be
			 required to revise the design 
								or the service program to reduce the total
			 estimated project cost to correspond with total project resources available.
			 Program and project revisions 
								will be reviewed and approved by the deputy
			 director and the chief pursuant to rule
			 5122:3-1-06 of the
			 Administrative Code.
(B) Bid stage
(1) If state or federal funding is being used
			 for any portion of construction, the applicant 
									will comply with
			 all applicable state and federal laws, rules, and
			 regulations relating to construction and bidding of state or federally-funded
			 projects. If the project
			 
									is to be
			 modified or re-bid, the applicant
			 
									will
			 consult with the chief regarding the proposed
			 modifications and re-bidding.
(2)
			 If, on receipt of bids, it is determined that the total cost of the project is
			 less than the approved estimated cost, the funding reflected for the approved
			 state participation may be proportionately adjusted.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-13 - Real property

Current through all regulations passed and filed through July 1, 2024
The department may participate in the cost or value of real
				property to be used for mental health or addiction service facilities. Such
				property may include land only or land with existing buildings thereon which is
				to be purchased by an applicant or the approved tax credit owner for which it
				is the approved tax credit manager.
(A) Site evaluation
An applicant will provide to the chief
				an evaluation of the proposed project site in accordance with the factors set
				forth in the community capital assistance projects process guidelines (updated
				April 2019), available at
				https://mha.ohio.gov/static/Portals/0/assets/SchoolsAndCommunities/CommunityAndHousing/Community-Planning/2019/CAPITAL.GUIDELINES_rev_April2019.pdf?ver=2019-08-09-132425-143
				[File Link Not Available], including, but not limited to, cost adaptability for
				renovation; programmatic suitability; economic stability; environmental
				suitability; and ability or potential to meet applicable zoning, building, and
				fire codes, as well as licensure and departmental or other governmental
				requirements. The chief will evaluate and approve or disapprove all project
				sites proposed.
(B)
			 Property value determination
Property value determination will be in
				accordance with the community capital assistance project process
				guidelines.
(1) The value of
			 real property proposed for a project 
									is to be based on a recent appraisal or
			 appraisals made by a qualified appraiser according to guidelines. The appraised
			 value 
									is based on the fair market value of the property as
			 determined by the appraisal and approved by the chief. The appraisal fee
			 
									will be
			 considered as an element of project cost eligible for state
			 participation.
(2) Demolition costs
			 may be included in determining the cost of property for a project.
(3) Department participation in real property
			 
									will be
			 based on the purchase price or approved appraised value.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-14 - State funds reimbursement

Current through all regulations passed and filed through July 1, 2024
(A)
			 State participation in real property
Prior to any reimbursement of state funds to the applicant, a
				contract, note, and mortgage prepared by the
				chief will be executed and accepted by the department. The
				contract is
				to specify the dollar amount of state funds approved for site
				participation. Such contract will include necessary safeguards and guarantees by
				the applicant regarding the participation by the state in value of property in
				accordance with rule
				5122:3-1-13 of the
				Administrative Code.
(1)
									Except as
			 provided in paragraph (A)(2) of this rule, in projects
			 
									that
			 involve the construction of a new facility on a site consisting of land only
			 
									or
			 projects 
									that involve substantial renovation, as determined by
			 the chief, the state participation share 
									will not be
			 reimbursed to the applicant until project construction contracts have been
			 awarded.
(2)
									In projects
									
									that involve
			 substantial levels of state participation, the director may approve
			 reimbursement of the state share of the approved site value on receipt by the
			 chief of appropriate evidence of ownership of the site by the applicant or the
			 approved tax credit owner for which it is the approved tax credit
			 manager.
(3) In projects
			 
									that
			 involve the purchase and renovation of an existing facility approved by the
			 state, the state participation share of the approved site value may be
			 reimbursed to the applicant on receipt by the chief of appropriate evidence of
			 ownership of the site by the applicant or the approved tax credit owner for
			 which it is the approved tax credit manager.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-15 - Civil rights; affirmative action

Current through all regulations passed and filed through July 1, 2024
(A) Civil rights
(1) The construction of facilities using
			 state funds 
									will comply with Title VI of the Civil Rights Act of
			 1964, Public Law
			 88-352,
			 42 USC
			 2000 et seq., Chapter 4112. of the Revised
			 Code, and all applicable executive orders.
(2) Pursuant to  section 
										125.111 of the Revised
			 Code, section
			 4112.02 of the Revised Code,
			 and any applicable executive orders, the
			 director, upon investigation and notice, 
									will withhold
			 payment of state funds to an applicant denying available service on the basis
			 of race, color, religion,  sex,
			 national origin, age, military status, disability, ancestry, or the inability
			 to pay.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-16 - Appeals

Current through all regulations passed and filed through July 1, 2024
Approvals, disapprovals, or other decisions made under these
				rules may be appealed by an applicant as follows:
(A) The aggrieved party may request in
			 writing that an informal meeting be held with the deputy director, the chief, a
			 representative of the board, and the applicant to discuss and attempt to
			 resolve the particular problem through negotiation and settlement. Such request
			 
								is to
			 include a written summary of the controversy. The chief
			 
								will
			 schedule 
								the meeting and 
								will give all
			 parties reasonable notice 
								of it in writing. At the conclusion of
			 
								the
			 meeting, a report documenting the problem, the efforts made at the meeting to
			 resolve the problem, and any resolution reached 
								will be
			 submitted by the chief to the director for consideration and approval. If the
			 director requires additional data or documentation from the aggrieved party
			 relative to the issues or 
								problems
			 in question in order to adequately evaluate the resolution reached, such data
			 or documentation 
								will be promptly  provided by said party.
(B) In the event informal meetings requested
			 do not result in resolution of the controversy, or if no informal meetings are
			 desired by the aggrieved party, 
								that party may request by certified mail that a
			 formal hearing be convened pursuant to section
			 119.06 of the Revised Code, with
			 the director or a designee presiding, to hear the controversy and make a formal
			 decision thereon. Appeals from such formal hearing 
								are to be made
			 as provided by section
			 119.12 of the Revised
			 Code.
Ohio Administrative Code › Title 5122:3 - Support Services › Chapter 5122:3-1 - Construction Assistance for Community Mental Health Facilities › Section 5122:3-1-17 - Waivers and variances

Current through all regulations passed and filed through July 1, 2024
(A) The
			 director may grant a waiver or variance from any provision of Chapter 5122:3-1
			 of the Administrative Code, or portion thereof, that
			 does either of the following:
(1)
									
									Requires
			 the applicant to give or maintain for the benefit of the department
			 a prior or subordinate mortgage(s) in project
			 property sufficient to secure the amount of state funds reimbursed by the
			 department for approved project costs. Such waiver or variance may be granted
			 for a period of time determined by the director and may be subject to any
			 
									conditions imposed by the director. However, requests
			 for waivers and variances that, in the director's sole discretion, are
			 determined to impose a risk for adversely affecting the security of the state
			 funds will not be granted.
(2)
									
									Requires the participation of
			 
									a board
			 in the application process or board resolution to support and monitor the
			 project program.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-1 - Community Capital Assistance Funds › Section 5123-1-01 - Community capital assistance funds - non-residential capital facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth a process for the
				department to make available community capital assistance funds to boards of
				county commissioners, county boards of developmental disabilities, and
				nonprofit corporations for the purchase, construction, and renovation of
				non-residential capital facilities.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Applicant" means any of the following who submit an
			 application to the department for community capital assistance funds:
(a)
										A board of county
			 commissioners;
(b)
										A county board of developmental disabilities;
			 or
(c)
										A nonprofit corporation incorporated pursuant to
			 Chapter 1702. of the Revised Code, granted 501(c)(3) status by the internal
			 revenue service, and specifically chartered to provide a developmental
			 disability service when such service fulfills a public purpose as provided by
			 section 154.20 of the Revised Code. When
			 the applicant is a nonprofit corporation, the applicant shall submit with the
			 application, in addition to all other documents required by this rule, a copy
			 of its articles of incorporation, code of regulations, and a current list of
			 all directors, officers, and members.
(i)
											The articles of
			 incorporation will contain, in addition to provisions otherwise required by
			 law, a specific statement of purpose that the corporation will provide a
			 developmental disability service.
(ii)
											The code of
			 regulations will contain the following provisions in addition to those
			 specifically required by law:
(a)
												A provision stating that services will neither be
			 rendered nor denied on the basis of race, color, religion, national origin,
			 disability, age, or unless programmatically justifiable, sex;
(b)
												A provision that
			 upon dissolution of the corporation, if such dissolution occurs within the
			 length of the project agreement, the department or its successor will be a
			 party to any judicial proceeding or dissolution agreement and that the
			 department or its successor may be a distributee under such order or agreement
			 to the extent of its participation and to the extent provided by law or the
			 project agreement which originally set forth disbursal of funds to the
			 corporation;
(c)
												A provision that no persons related by blood, marriage,
			 or adoption (to a degree of first cousin) will constitute a majority of the
			 board of directors; and
(d)
												A provision requiring disclosure of potential conflicts
			 of interest of a director, procedures for determining whether there is a
			 conflict of interest, and establishing a course of action if a conflict of
			 interest is identified.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-1 - Community Capital Assistance Funds › Section 5123-1-05 - Community capital assistance funds - residential accessibility and renovation projects

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth a process for the
				department to make available community capital assistance funds to county
				boards of developmental disabilities, governmental entities, and nonprofit
				corporations for residential accessibility and renovation
				projects.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Applicant" means any of the following who submit an
			 application to the department for community capital assistance funds:
(a)
										A county board of
			 developmental disabilities;
(b)
										A governmental
			 entity; or
(c)
										A nonprofit corporation incorporated pursuant to
			 Chapter 1702. of the Revised Code, granted 501(c)(3) status by the internal
			 revenue service, and specifically chartered to provide a developmental
			 disability service when such service fulfills a public purpose as provided by
			 section 154.20 of the Revised Code. When
			 the applicant is a nonprofit corporation, the applicant shall submit with the
			 application, in addition to all other documents required by this rule, a copy
			 of its articles of incorporation, code of regulations, and a current list of
			 all directors, officers, and members.
(i)
											The articles of
			 incorporation will contain, in addition to provisions otherwise required by
			 law, a specific statement of purpose that the corporation will provide a
			 developmental disability service.
(ii)
											The code of
			 regulations will contain the following provisions in addition to those
			 specifically required by law:
(a)
												A provision stating that services will neither be
			 rendered nor denied on the basis of race, color, religion, national origin,
			 disability, age, or unless programmatically justifiable, sex;
(b)
												A provision that
			 upon dissolution of the corporation, if such dissolution occurs within the
			 length of the project agreement, the department or its successor will be a
			 party to any judicial proceeding or dissolution agreement and that the
			 department or its successor may be a distributee under such order or agreement
			 to the extent of its participation and to the extent provided by law or the
			 project agreement which originally set forth disbursal of funds to the
			 corporation;
(c)
												A provision that no persons related by blood, marriage,
			 or adoption (to a degree of first cousin) will constitute a majority of the
			 board of directors; and
(d)
												A provision requiring disclosure of potential conflicts
			 of interest of a director, procedures for determining whether there is a
			 conflict of interest, and establishing a course of action if a conflict of
			 interest is identified.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-01 - Technology first

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule implements the technology
				first policy in accordance with section 5123.025 of the Revised
				Code.
(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)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01
			 of the Revised Code.
(4)
									"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.
(5)
									"Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual and includes an "individual program
			 plan" as that term is used in
			 42 C.F.R.
			 483.440 as in effect on the effective date of
			 this rule.
(6)
									"Intermediate care facility for individuals with
			 intellectual disabilities" has the same meaning as in section
			 5124.01 of the
			 Revised Code.
(7)
									"Technology first policy" means the state of Ohio
			 policy, established in section 5123.025 of the Revised Code, that individuals
			 with developmental disabilities have access to technology
			 solutions.
(8)
									"Technology solution" means any product, device,
			 equipment, or service used to maintain, increase, or improve the functional
			 capabilities of an individual with developmental disabilities and that is
			 deployed in accordance with applicable federal, state, and local rules and
			 regulations. The efficacy of a technology solution is subject to review and
			 approval by the department.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-03 - Quality assurance

Current through all regulations passed and filed through July 1, 2024
(A)
								The Ohio
			 department of developmental disabilities promotes services, supports, and
			 activities that enhance the quality of life for Ohioans with developmental
			 disabilities with regard to:
(1)
									Rights as set forth in section
			 5123.62 of the Revised
			 Code;
(2)
									 Self-determination;
(3)
									Physical
			 well-being;
(4)
									Emotional well-being;
(5)
									Material
			 well-being;
(6)
									Personal development;
(7)
									Interpersonal
			 relationships; and
(8)
									Social inclusion.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-06 - Development and implementation of behavioral support strategies

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth requirements for
				development and implementation of behavioral support strategies including both
				positive measures and restrictive measures for the purpose of
				ensuring:
(1)
									Individuals with developmental disabilities are
			 supported in a caring and responsive manner that promotes dignity, respect, and
			 trust and with recognition that they are equal citizens with the same rights
			 and personal freedoms granted to Ohioans without developmental
			 disabilities;
(2)
									An individual's services and supports are based on an
			 understanding of the individual and the reasons for the individual's
			 actions;
(3)
									Effort is directed at creating opportunities for
			 individuals to exercise choice in matters affecting their everyday lives and
			 supporting individuals to make choices that yield positive outcomes;
			 and
(4)
									Restrictive measures are used only when necessary to
			 keep people safe and always in conjunction with positive
			 measures.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-07 - Personal funds of the individual

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes standards of
				accountability for a provider when the individual service plan of an individual
				served by the provider indicates the provider is responsible for managing the
				individual's personal funds.
(B)
								Scope
This rule applies to persons and
				entities that provide specialized services regardless of source of payment,
				including but not limited to:
(1)
									County boards and
			 entities under contract with county boards;
(2)
									Residential
			 facilities licensed pursuant to section
			 5123.19
			 of the Revised Code, including intermediate care facilities for individuals
			 with intellectual disabilities; and
(3)
									Providers of
			 supported living certified pursuant to section
			 5123.161
			 of the Revised Code, including providers of services funded by medicaid home
			 and community-based services waivers administered by the
			 department.