REPRESENTATIVE Peterson

To amend sections 5111.872, 5123.046, 5123.048,

1

5123.049, 5123.0411, 5126.01, 5126.02, 5126.021,

2

5126.022, 5126.033, 5126.035, 5126.036, 5126.042,

3

5126.046, 5126.05, 5126.054, 5126.055, 5126.06,

4

5126.14, 5126.15, 5126.17, 5126.18, 5126.19,

5

5126.221, 5126.357, and 5705.44; to amend, for the

6

purpose of adopting a new section number as

7

indicated in parentheses, section 5126.056

8

(5126.057); and to enact new section 5126.056 of

9

the Revised Code and to amend Section 75.02 of Am.

10

Sub. H.B. 94 of the 124th General Assembly to

11

revise provisions of Am. Sub. H.B. 94 of the 124th

12

General Assembly regarding services for persons

13

with mental retardation or other developmental

14

disabilities, to revise the law governing

15

membership of county boards of mental retardation

16

and developmental disabilities, and to declare an

17

emergency.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5111.872, 5123.046, 5123.048,	19
5123.049, 5123.0411, 5126.01, 5126.02, 5126.021, 5126.022,	20
5126.033, 5126.035, 5126.036, 5126.042, 5126.046, 5126.05,	21
5126.054, 5126.055, 5126.06, 5126.14, 5126.15, 5126.17, 5126.18,	22
5126.19, 5126.221, 5126.357, and 5705.44 be amended, section	23
5126.056 (5126.057) be amended for the purpose of adopting a new	24
section number as indicated in parentheses, and new section	25
5126.056 of the Revised Code be enacted to read as follows:	26

Sec. 5111.872. When the department of mental retardation and	27
developmental disabilities allocates enrollment numbers to a	28
county board of mental retardation and developmental disabilities	29
for home and community-based services provided under the component	30
of the medicaid program that the department administers under	31
section 5111.871 of the Revised Code, the department shall	32
consider all of the following:	33

(A) The number of individuals with mental retardation or	34
other developmental disability who are on a waiting list the	35
county board establishes under division (C) of section 5126.042 of	36
the Revised Code for those services and are given priority on the	37
waiting list pursuant to division (D) of that section;	38

(B) The implementation component required by division	39
(A)(3)(4) of section 5126.054 of the Revised Code of the county	40
board's plan approved under section 5123.046 of the Revised Code;	41

(C) Anything else the department considers necessary to	42
enable county boards to provide those services to individuals in	43
accordance with the priority requirements of division (D) of	44
section 5126.042 of the Revised Code.	45

Sec. 5123.046. The department of mental retardation and	46
developmental disabilities shall review each component of the	47
three-calendar year plan it receives from a county board of mental	48
retardation and developmental disabilities under section 5126.054	49
of the Revised Code and, in consultation with the department of	50
job and family services and office of budget and management,	51
approve each plancomponent that includes all the information and	52
conditions specified in that section. AThe fourth component of	53
the plan shall be approved or disapproved not later than	54
forty-five days after the last of the plan's components arefourth	55
component is submitted to the department under division (B)(3) of	56
section 5126.054 of the Revised Code. If the department approves	57
all four components of the plan, the plan is approved. Otherwise,	58
the plan is disapproved. If the plan is disapproved, the	59
department shall take action against the county board under	60
division (B) of section 5126.056 of the Revised Code.	61

In approving plans under this section, the department shall	62
ensure that the aggregate of all plans provide for the increased	63
enrollment into home and community-based services during each	64
state fiscal year of at least five hundred individuals who did not	65
receive residential services, supported living, or home and	66
community-based services the prior state fiscal year if the	67
department has enough additional enrollment available for this	68
purpose.	69

If a county board fails to submit all the components of the	70
plan to the department within the time required by division (B) of	71
section 5126.054 of the Revised Code or the department disapproves	72
a county board's plan, the department may withhold all or part of	73
any funds the department would otherwise allocate to the county	74
board. The department may not withhold any funds the department	75
allocates to the county board prior to the date the last of the	76
plan's components are due or the department disapproves the plan.	77

The department shall establish protocols that the department	78
shall use to determine whether a county board is complying with	79
the programmatic and financial accountability mechanisms and	80
achieving outcomes specified in its approved plan. If the	81
department determines that a county board is not in compliance	82
with the mechanisms or achieving the outcomes specified in its	83
approved plan, the department may take action under division (G)	84
of section 5126.055 of the Revised Code.	85

Sec. 5123.048. (A) For state fiscal year 2002, the	86
department of mental retardation and developmental disabilities	87
shall assign to a county board of mental retardation and	88
developmental disabilities the nonfederal share of medicaid	89
expenditures for habilitation center services that a private	90
habilitation center provides if all of the following apply:	91

(1) The individuals who receive the services also received	92
the services from the center pursuant to a contract the center had	93
with the department in state fiscal year 2001;	94

(2) The county board determined under section 5126.041 of	95
the Revised Code that the individuals who receive the services are	96
eligible for county board services;	97

(3) The county board contracts with the center to provide	98
the services after the center's contract with the department ends.	99

(B) The department shall also make the assignment under	100
division (A) of this section for each successive state fiscal year	101
that the county board contracts with the private habilitation	102
center to provide the habilitation center services to the	103
individuals who received the services pursuant to the contract the	104
department had with the center in state fiscal year 2001.	105

(C) The amount the department shall assign under divisions	106
(A) and (B) of this section shall be adequate to ensure that the	107
habilitation center services the individuals receive are	108
comparable in scope to the habilitation center services they	109
received when the private habilitation center was under contract	110
with the department. The amount that the department assigns shall	111
not be less than the amount the department paid the private	112
habilitation center for the individuals undereach individual who	113
received the habilitation center services pursuant to the contract	114
the department had with the center in fiscal year 2001. If the	115
contract the department had with the private habilitation center	116
in fiscal year 2001 was for less than the entire fiscal year, the	117
amount the department shall assign shall be not less than the	118
amount the department would have paid the center for each	119
individual who received the services pursuant to the contract had	120
the contract been for the entire fiscal year.	121

(D) A county board shall use the assignment it receives	122
under divisions (A) and (B) of this section to pay the nonfederal	123
share of the medicaid expenditures for the habilitation center	124
services the county board is required by division (D) of section	125
5111.041 of the Revised Code to pay.	126

Sec. 5123.049. The director of mental retardation and	127
developmental disabilities shall adopt rules in accordance with	128
Chapter 119. of the Revised Code governing the authorization and	129
payment of home and community-based services, medicaid case	130
management services, and habilitation center services. The rules	131
shall provide for private providers of the services to receive one	132
hundred per cent of the medicaid allowable payment amount and for	133
government providers of the services to receive the federal share	134
of the medicaid allowable payment, less the amount withheld as a	135
fee under section 5123.0412 of the Revised Code and any amount	136
that may be required by rules adopted under section 5123.0413 of	137
the Revised Code to be deposited into the state MR/DD risk fund.	138
The rules shall establish the process by which county boards of	139
mental retardation and developmental disabilities shall certify	140
and provide the nonfederal share of medicaid expenditures that the	141
county board is required by division (A) of section 5126.056	142
5126.057 of the Revised Code to pay. The process shall require a	143
county board to certify that the county board has funding	144
available at one time for two months costs for those expenditures.	145
The process may permit a county board to certify that the county	146
board has funding available at one time for more than two months	147
costs for those expenditures.	148

Sec. 5123.0411. The department of mental retardation and	149
developmental disabilities may bring a mandamus action against a	150
county board of mental retardation and developmental disabilities	151
that fails to pay the nonfederal share of medicaid expenditures	152
that the county board is required by division (A) of section	153
5126.0565126.057 of the Revised Code to pay. The department may	154
bring the mandamus action in the court of common pleas of the	155
county served by the county board or in the Franklin county court	156
of common pleas.	157

Sec. 5126.01.  As used in this chapter:

158

(A) As used in this division, "adult" means an individual	159
who is eighteen years of age or over and not enrolled in a	160
program or service under Chapter 3323. of the Revised Code and an	161
individual sixteen or seventeen years of age who is eligible for	162
adult services under rules adopted by the director of mental	163
retardation and developmental disabilities pursuant to Chapter	164
119. of the Revised Code.	165

(1) "Adult services" means services provided to an adult	166
outside the home, except when they are provided within the home	167
according to an individual's assessed needs and identified in an	168
individual service plan, that support learning and assistance in	169
the area of self-care, sensory and motor development,	170
socialization, daily living skills, communication, community	171
living, social skills, or vocational skills.	172

(2) "Adult services" includes all of the following:

173

(a) Adult day habilitation services;

174

(b) Adult day care;

175

(c) Prevocational services;

176

(d) Sheltered employment;

177

(e) Educational experiences and training obtained through	178
entities and activities that are not expressly intended for	179
individuals with mental retardation and developmental	180
disabilities, including trade schools, vocational or technical	181
schools, adult education, job exploration and sampling, unpaid	182
work experience in the community, volunteer activities, and	183
spectator sports.	184

(3) "Adult services" does not include community or;

185

(f) Community employment services and supported employment	186
services.	187

(B)(1) "Adult day habilitation services" means adult	188
services that do the following:	189

(a) Provide access to and participation in typical	190
activities and functions of community life that are desired and	191
chosen by the general population, including such activities and	192
functions as opportunities to experience and participate in	193
community exploration, companionship with friends and peers,	194
leisure activities, hobbies, maintaining family contacts,	195
community events, and activities where individuals without	196
disabilities are involved;	197

(b) Provide supports or a combination of training and	198
supports that afford an individual a wide variety of opportunities	199
to facilitate and build relationships and social supports in the	200
community.	201

(2) "Adult day habilitation services" includes all of the	202
following:	203

(a) Personal care services needed to ensure an individual's	204
ability to experience and participate in vocational services,	205
educational services, community activities, and any other adult	206
day habilitation services;	207

(b) Skilled services provided while receiving adult day	208
habilitation services, including such skilled services as behavior	209
management intervention, occupational therapy, speech and language	210
therapy, physical therapy, and nursing services;	211

(c) Training and education in self-determination designed to	212
help the individual do one or more of the following: develop	213
self-advocacy skills, exercise the individual's civil rights,	214
acquire skills that enable the individual to exercise control and	215
responsibility over the services received, and acquire skills that	216
enable the individual to become more independent, integrated, or	217
productive in the community;	218

(d) Recreational and leisure activities identified in the	219
individual's service plan as therapeutic in nature or assistive in	220
developing or maintaining social supports;	221

(e) Counseling and assistance provided to obtain housing,	222
including such counseling as identifying options for either rental	223
or purchase, identifying financial resources, assessing needs for	224
environmental modifications, locating housing, and planning for	225
ongoing management and maintenance of the housing selected;	226

(f) Transportation necessary to access adult day	227
habilitation services;	228

(g) Habilitation management, as described in section 5126.14	229
of the Revised Code.	230

(3) "Adult day habilitation services" does not include	231
activities that are components of the provision of residential	232
services, family support services, or supported living services.	233

(C) "Community employment services" or "supported employment	234
services" means job training and other services related to	235
employment outside a sheltered workshop. "Community employment	236
services" or "supported employment services" include all of the	237
following:	238

(1) Job training resulting in the attainment of competitive	239
work, supported work in a typical work environment, or	240
self-employment;	241

(2) Supervised work experience through an employer paid to	242
provide the supervised work experience;	243

(3) Ongoing work in a competitive work environment at a wage	244
commensurate with workers without disabilities;	245

(4) Ongoing supervision by an employer paid to provide the	246
supervision.	247

(D) As used in this division, "substantial functional	248
limitation," "developmental delay," and "established risk" have	249
the meanings established pursuant to section 5123.011 of the	250
Revised Code.	251

"Developmental disability" means a severe, chronic disability	252
that is characterized by all of the following:	253

(1) It is attributable to a mental or physical impairment or	254
a combination of mental and physical impairments, other than a	255
mental or physical impairment solely caused by mental illness as	256
defined in division (A) of section 5122.01 of the Revised Code;	257

(2) It is manifested before age twenty-two;

258

(3) It is likely to continue indefinitely;

259

(4) It results in one of the following:

260

(a) In the case of a person under age three, at least one	261
developmental delay or an established risk;	262

(b) In the case of a person at least age three but under age	263
six, at least two developmental delays or an established risk;	264

(c) In the case of a person age six or older, a substantial	265
functional limitation in at least three of the following areas of	266
major life activity, as appropriate for the person's age:	267
self-care, receptive and expressive language, learning, mobility,	268
self-direction, capacity for independent living, and, if the	269
person is at least age sixteen, capacity for economic	270
self-sufficiency.	271

(5) It causes the person to need a combination and sequence	272
of special, interdisciplinary, or other type of care, treatment,	273
or provision of services for an extended period of time that is	274
individually planned and coordinated for the person.	275

(E) "Early childhood services" means a planned program of	276
habilitation designed to meet the needs of individuals with mental	277
retardation or other developmental disabilities who have not	278
attained compulsory school age.	279

(F)(1) "Environmental modifications" means the physical	280
adaptations to an individual's home, specified in the individual's	281
service plan, that are necessary to ensure the individual's	282
health, safety, and welfare or that enable the individual to	283
function with greater independence in the home, and without which	284
the individual would require institutionalization.	285

(2) "Environmental modifications" includes such adaptations	286
as installation of ramps and grab-bars, widening of doorways,	287
modification of bathroom facilities, and installation of	288
specialized electric and plumbing systems necessary to accommodate	289
the individual's medical equipment and supplies.	290

(3) "Environmental modifications" does not include physical	291
adaptations or improvements to the home that are of general	292
utility or not of direct medical or remedial benefit to the	293
individual, including such adaptations or improvements as	294
carpeting, roof repair, and central air conditioning.	295

(G) "Family support services" means the services provided	296
under a family support services program operated under section	297
5126.11 of the Revised Code.	298

(H) "Habilitation" means the process by which the staff of	299
the facility or agency assists an individual with mental	300
retardation or other developmental disability in acquiring and	301
maintaining those life skills that enable the individual to cope	302
more effectively with the demands of the individual's own person	303
and environment, and in raising the level of the individual's	304
personal, physical, mental, social, and vocational efficiency.	305
Habilitation includes, but is not limited to, programs of formal,	306
structured education and training.	307

(I) "Habilitation center services" means services provided	308
by a habilitation center certified by the department of mental	309
retardation and developmental disabilities under section 5123.041	310
of the Revised Code and covered by the medicaid program pursuant	311
to rules adopted under section 5111.041 of the Revised Code.	312

(J) "Home and community-based services" means	313
medicaid-funded home and community-based services provided under a	314
medicaid component the department of mental retardation and	315
developmental disabilities administers pursuant to section	316
5111.871 of the Revised Code.	317

(K) "Medicaid" has the same meaning as in section 5111.01 of	318
the Revised Code.	319

(L) "Medicaid case management services" means case	320
management services provided to an individual with mental	321
retardation or other developmental disability that the state	322
medicaid plan requires.	323

(M) "Mental retardation" means a mental impairment	324
manifested during the developmental period characterized by	325
significantly subaverage general intellectual functioning existing	326
concurrently with deficiencies in the effectiveness or degree with	327
which an individual meets the standards of personal independence	328
and social responsibility expected of the individual's age and	329
cultural group.	330

(N) "Residential services" means services to individuals	331
with mental retardation or other developmental disabilities to	332
provide housing, food, clothing, habilitation, staff support, and	333
related support services necessary for the health, safety, and	334
welfare of the individuals and the advancement of their quality of	335
life. "Residential services" includes program management, as	336
described in section 5126.14 of the Revised Code.	337

(O) "Resources" means available capital and other assets,	338
including moneys received from the federal, state, and local	339
governments, private grants, and donations; appropriately	340
qualified personnel; and appropriate capital facilities and	341
equipment.	342

(P) "Service and support administration" means the duties	343
performed by a service and support administrator pursuant to	344
section 5126.15 of the Revised Code.	345

(Q)(1) "Specialized medical, adaptive, and assistive	346
equipment, supplies, and supports" means equipment, supplies, and	347
supports that enable an individual to increase the ability to	348
perform activities of daily living or to perceive, control, or	349
communicate within the environment.	350

(2) "Specialized medical, adaptive, and assistive equipment,	351
supplies, and supports" includes the following:	352

(a) Eating utensils, adaptive feeding dishes, plate guards,	353
mylatex straps, hand splints, reaches, feeder seats, adjustable	354
pointer sticks, interpreter services, telecommunication devices	355
for the deaf, computerized communications boards, other	356
communication devices, support animals, veterinary care for	357
support animals, adaptive beds, supine boards, prone boards,	358
wedges, sand bags, sidelayers, bolsters, adaptive electrical	359
switches, hand-held shower heads, air conditioners, humidifiers,	360
emergency response systems, folding shopping carts, vehicle lifts,	361
vehicle hand controls, other adaptations of vehicles for	362
accessibility, and repair of the equipment received.	363

(b) Nondisposable items not covered by medicaid that are	364
intended to assist an individual in activities of daily living or	365
instrumental activities of daily living.	366

(R) "Supportive home services" means a range of services to	367
families of individuals with mental retardation or other	368
developmental disabilities to develop and maintain increased	369
acceptance and understanding of such persons, increased ability of	370
family members to teach the person, better coordination between	371
school and home, skills in performing specific therapeutic and	372
management techniques, and ability to cope with specific	373
situations.	374

(S)(1) "Supported living" means services provided for as	375
long as twenty-four hours a day to an individual with mental	376
retardation or other developmental disability through any public	377
or private resources, including moneys from the individual, that	378
enhance the individual's reputation in community life and advance	379
the individual's quality of life by doing the following:	380

(a) Providing the support necessary to enable an individual	381
to live in a residence of the individual's choice, with any number	382
of individuals who are not disabled, or with not more than three	383
individuals with mental retardation and developmental disabilities	384
unless the individuals are related by blood or marriage;	385

(b) Encouraging the individual's participation in the	386
community;	387

(c) Promoting the individual's rights and autonomy;

388

(d) Assisting the individual in acquiring, retaining, and	389
improving the skills and competence necessary to live successfully	390
in the individual's residence.	391

(2) "Supported living" includes the provision of all of the	392
following:	393

(a) Housing, food, clothing, habilitation, staff support,	394
professional services, and any related support services necessary	395
to ensure the health, safety, and welfare of the individual	396
receiving the services;	397

(b) A combination of life-long or extended-duration	398
supervision, training, and other services essential to daily	399
living, including assessment and evaluation and assistance with	400
the cost of training materials, transportation, fees, and	401
supplies;	402

(c) Personal care services and homemaker services;

403

(d) Household maintenance that does not include	404
modifications to the physical structure of the residence;	405

(e) Respite care services;

406

(f) Program management, as described in section 5126.14 of	407
the Revised Code.	408

Sec. 5126.02.  (A) As used in this section, "relative" means	409
a spouse, parent, parent-in-law, sibling, sibling-in-law, child,	410
child-in-law, grandparent, aunt, or uncle.	411

(B)(1) There is hereby created in each county a county	412
board of mental retardation and developmental disabilities	413
consisting of seven members, five of whom shall be appointed by	414
the board of county commissioners of the county, and two of whom	415
shall be appointed by the probate judge of the county. Each	416
member shall be a resident of the county. The membership of the	417
board shall, as nearly as possible, reflect the composition of the	418
population of the county.	419

All board members shall be persons interested and	420
knowledgeable in the field of mental retardation and other allied	421
fields. All board members shall be citizens of the United States.	422
Of the members appointed by the board of county commissioners, at	423
least two shall be relatives by blood or marriage of persons	424
eligible for and currently receiving services provided by the	425
county board of mental retardation and developmental disabilities,	426
and, whenever possible, one shall be a relative of a person	427
eligible for and currently receiving adult services, and the other	428
shall be a relative of a person eligible for and currently	429
receivingearly intervention services or services for pre-school	430
or school-age children. Of the two members appointed by the	431
probate judge, at least one shall be a relative by blood or	432
marriage of a person eligible for or currently receiving	433
residential services in a public or private residential facility	434
subject to regulation or licensure by the director of mental	435
retardation and developmental disabilities under sections 5123.19	436
and 5123.20 of the Revised Codeor supported living.	437

Both the board of county commissioners and the probate judge	438
shall appoint under this section, to the maximum extent possible,	439
members who fulfill any applicable requirements of this section	440
for appointment and who also have professional training and	441
experience in business management, finance, law, health care	442
practice, personnel administration, or government service.	443

(2) All appointments shall be for terms of four years. The	444
membership of a person appointed as a relative of a recipient of	445
services shall not be terminated because the services are no	446
longer received.	447

Members may be reappointed, except as provided in division	448
(A)(B)(3) of this section and section 5126.022 of the Revised	449
Code. Prior to making a reappointment, the appointing authority	450
shall ascertain, through written communication with the board,	451
that the member being considered for reappointment meets the	452
requirements of this section and section 5126.022 of the Revised	453
Code.	454

(3) A member who has served during each of twothree	455
consecutive terms shall not be reappointed for a subsequent term	456
until one yeartwo years after ceasing to be a member of the	457
board, except that a member who has served for sixten years or	458
less within twothree consecutive terms may be reappointed for a	459
subsequent term before becoming ineligible for reappointment for	460
one yeartwo years.	461

(4) Within sixty days after a vacancy occurs, it shall be	462
filled by the appointing authority for the unexpired term. Any	463
member appointed to fill a vacancy occurring prior to the	464
expiration of the term for which the member's predecessor was	465
appointed shall hold office for the remainder of that term.	466
Appointment other than appointment to fill a vacancy shall be made	467
no later than the last day of November of each year, and the term	468
of office shall commence on the date of the stated annual	469
organizational meeting in January.	470

(5) Board members shall serve without compensation, but	471
shall be reimbursed for necessary expenses incurred in the conduct	472
of board business, including those incurred within the county of	473
residence.	474

(B)(C) Each year each board member shall attend at least one	475
in-service training session provided by or approved by the	476
department of mental retardation and developmental disabilities.	477
These training sessions shall not be considered regularly	478
scheduled meetings of the board.	479

(C)(D) A county board of mental retardation and	480
developmental disabilities shall be operated as a separate	481
administrative and service entity. The board's functions shall	482
not be combined with the functions of any other entity of county	483
government.	484

Sec. 5126.021. (A) As used in this section, "immediate:

485

(1) "Contract agency" means a person or government entity	486
that is a provider as defined in section 5126.035 of the Revised	487
Code.	488

(2) "Immediate family" means parents, brothers, sisters,	489
spouses, sons, daughters, mothers-in-law, fathers-in-law,	490
brothers-in-law, sisters-in-law, sons-in-law, and	491
daughters-in-law.	492

(A)(3) "Individual service plan participant" means a person	493
or government entity, including a school district or educational	494
service center, that is a signatory to, or participant in the	495
process of developing, an individual service plan for an	496
individual with mental retardation or other developmental	497
disability. "Individual service plan participant" does not include	498
an immediate family member of an individual with mental	499
retardation or other developmental disability who is a signatory	500
to, or participant in the process of developing, the individual	501
service plan for the individual with mental retardation or other	502
developmental disability.	503

(B) The following individuals shall not serve as members of	504
a county boardsboard of mental retardation and developmental	505
disabilities:	506

(1) Elected public officials, except for those excluded from	507
the definition of public official or employee in division (B) of	508
section 102.01An employee of the county board;	509

(2) A former county board employee within one calendar year	510
of the termination of employment with the county board on which	511
the former employee would serve;	512

(3) An appointed official or employee of a government entity	513
responsible for determining the eligibility of an individual with	514
mental retardation or other developmental disability for services	515
or providing or overseeing the provision of services to such an	516
individual or the county board, including both of the following:	517

(a) All of the following government entities that serve the	518
county that the county board serves:	519

(i) The board of county commissioners;

520

(ii) The office of county treasurer;

521

(iii) The office of county auditor;

522

(iv) The office of county prosecuting attorney;

523

(v) The county board of elections;

524

(vi) The public children services agency;

525

(vii) The county family and children first council;

526

(viii) The county department of job and family services;

527

(ix) The county board of alcohol, drug addiction, and mental	528
health services;	529

(x) A school district or educational service center.

530

(b) The following state departments:

531

(i) The department of mental retardation and developmental	532
disabilities;	533

(ii) The department of job and family services;

534

(iii) The department of mental health;

535

(iv) The department of alcohol and drug addiction services;

536

(v) The department of education.

537

(4) An individual elected or appointed to an elective	538
government office, other than any of the following offices:	539

(a) A board of township trustees;

540

(b) The office of township clerk;

541

(c) The office of presidential elector;

542

(d) The office of national convention delegate;

543

(e) A precinct, ward, or district committee provided for	544
under section 3517.03 of the Revised Code;	545

(2) Members.

546

(5) An individual service plan participant;

547

(6) A member of the immediate family of anothera member of	548
the county board member;	549

(3) Board employees and members of the immediate family of	550
board employees;	551

(4) Former board employees within one calendar year of the	552
termination of employment with the board on which the former	553
employee would serveor an individual ineligible to serve on the	554
county board pursuant to division (B) of this section.	555

(B)(C) A person may not serve as a member of a county board	556
of mental retardation and developmental disabilities when either	557
the person or a member of the person's immediate family is a board	558
member of a contract agency of that county board unless there is	559
no conflict of interest. In no circumstance shall a member of a	560
county board vote on any matter before the county board concerning	561
a contract agency of which the member or a member of the member's	562
immediate family is also a board member or an employee. All	563
questions relating to the existence of a conflict of interest	564
shall be submitted to the local prosecuting attorney and the Ohio	565
ethics commission for resolution.	566

(C) No(D)(1) Except as provided in division (D)(2) of this	567
section, a person may not serve as a member or employee of a	568
county board of mental retardation and developmental disabilities	569
if the person is an employee of ana contract agency contracting	570
with aof that county board of mental retardation and	571
developmental disabilities or member of the immediate family of	572
such an employee shall serve as a board member or an employee of	573
the county board except that a.	574

(2) A county board may, pursuant to a resolution adopted by	575
the county board, employ a member of the immediate family of an	576
employee of ana contract agency contracting with theof that	577
county board.	578

(D)(E) No person shall serve as a member or employee of a	579
county board of mental retardation and developmental disabilities	580
if a member of the person's immediate family serves as a county	581
commissioner of the county served by the board unless the person	582
was a member or employee prior to October 31, 1980.	583

(E)(F) A county board of mental retardation and	584
developmental disabilities shall not contract with an agency whose	585
board includes a county commissioner of the county served by the	586
county board or an employee of the same county board.	587

Sec. 5126.022. (A) Each county board of mental retardation	588
and developmental disabilities shall hold an organizational	589
meeting no later than the thirty-first day of January of each year	590
and shall elect its officers, which shall include a president,	591
vice-president, and recording secretary. After its annual	592
organizational meeting, the board shall meet in such manner and at	593
such times as prescribed by rules adopted by the board, but the	594
board shall meet at least ten times annually in regularly	595
scheduled sessions in accordance with section 121.22 of the	596
Revised Code, not including in-service training sessions. A	597
majority of the board constitutes a quorum. The board shall adopt	598
rules for the conduct of its business and a record shall be kept	599
of board proceedings, which shall be open for public inspection.	600

(B) A board member shall be removed from the board by the	601
appointing authority for neglectany of the following reasons:	602

(1) Neglect of duty, misconduct, malfeasance, failure;

603

(2) Misconduct;

604

(3) Malfeasance;

605

(4) Failure to attend at least one in-service training	606
session each year, a violation of section 5126.021 of the Revised	607
Code, or upon the;	608

(5) The absence of a member within one year from either four	609
regularly scheduled board meetings or from two regularly scheduled	610
board meetings if the member gave no prior notice of the member's	611
absence. This	612

The removal provision specified in division (B)(5) of this	613
section does not apply to absences from special meetings or work	614
sessions. The	615

The board shall supply the board member and the member's	616
appointing authority with written notice of the charges against	617
the member under this division. The appointing authority shall	618
afford the member an opportunity for a hearing, in accordance with	619
procedures it adopts, and shall, upon determining that the charges	620
are accurate, remove the member and appoint another person to	621
complete the member's term.	622

(C) The appointing authority shall remove a member if the	623
appointing authority receives written notice from any source that	624
reasonably demonstrates that the member is ineligible to serve on	625
the board pursuant to section 5126.021 of the Revised Code. A	626
resident of the county that the county board serves or the	627
director of mental retardation and developmental disabilities may	628
bring mandamus proceedings in the Franklin county court of appeals	629
or the court of appeals of the county that the county board serves	630
against an appointing authority that fails to remove a member in	631
accordance with this division.	632

(D) A member removed from the board is ineligible for	633
reappointment for not less than one year. When a member is	634
removed, the appointing authority shall specify the time during	635
which the member is ineligible for reappointment. If the member	636
is removed for failing to attend in-service training, the board	637
also shall specify the training the member must complete prior to	638
being eligible for reappointment.	639

Sec. 5126.033.  (A) A county board of mental retardation and	640
developmental disabilities shall not enter into a direct services	641
contract unless the contract is limited either to the actual	642
amount of the expenses or to a reasonable and allowable amount	643
projected by the board.	644

(B) A county board shall not enter into a direct services	645
contract that would result in payment to a board member, former	646
board member, employee, former employee, or member of the	647
immediate family of a board member, former board member, employee,	648
or former employee if the person who would receive services under	649
the contract stands to receive any preferential treatment or any	650
unfair advantage over other eligible persons.	651

(C) A county board shall not enter into a direct services	652
contract for services provided in accordance with section 5126.11	653
or sections 5126.40 to 5126.46 of the Revised Code under which an	654
individual, agency, or other entity will employ a professional or	655
service employee, as defined in section 5126.20 of the Revised	656
Code, who is also an employee of that board unless all of the	657
following conditions are met:	658

(1) The employee is not in a capacity to influence the award	659
of the contract.	660

(2) The employee has not attempted in any manner to secure	661
the contract on behalf of the individual, agency, or other entity.	662

(3) The employee is in management level two or three	663
according to rules adopted by the director of mental retardation	664
and developmental disabilities.	665

(4) The employee doesis not hold any administrative or	666
supervisory position in the employ ofemployed by the board, did	667
not hold such a position during the period when the contract was	668
is developed,as an administrator or supervisor responsible for	669
approving or supervising services to be provided under the	670
contract and agrees not to take such a position while the contract	671
is in effect, regardless of whether the position is related to the	672
services provided under the contract.	673

(4)(5) The employee has not taken any actions that create	674
the need for the services to be provided under the contract.	675

(5)(6) The individual, agency, or other entity seeks the	676
services of the employee because of the employee's expertise and	677
familiarity with the care and condition of one or more eligible	678
persons and other individuals with such expertise and familiarity	679
are unavailable, or an eligible person has requested to have the	680
services provided by that employee.	681

The superintendent of the county board shall notify the	682
employee and the individual, agency, or other entity that seeks	683
the employee's services of the ethics council's determination	684
under section 5126.032 of the Revised Code regarding the contract.	685
The council's determination shall be binding on all parties.	686

The employee who is the subject of the contract shall inform	687
the superintendent of the county board of any employment the	688
employee has outside the county board that is with any individual,	689
agency, or other entity that has a contract with the county board.	690

Sec. 5126.035. (A) As used in this section:

691

(1) "Provider" means a person or government entity that	692
provides services to an individual with mental retardation or	693
other developmental disability pursuant to a service contract.	694

(2) "Service contract" means a contract between a county	695
board of mental retardation and developmental disabilities and a	696
provider under which the provider is to provide services to an	697
individual with mental retardation or other developmental	698
disability.	699

(B) Each service contract that a county board of mental	700
retardation and developmental disabilities enters into with a	701
provider shall do all of the following:	702

(1) Comply with rules adopted under division (E) of this	703
section;	704

(2) If the provider is to provide home and community-based	705
services, medicaid case management services, or habilitation	706
center services, comply with all applicable statewide medicaid	707
requirements;	708

(3) Include a general operating agreement component and an	709
individual service needs addendum.	710

(C) The general operating agreement component shall include	711
all of the following:	712

(1) The roles and responsibilities of the county board	713
regarding services for individuals with mental retardation or	714
other developmental disability who reside in the county the county	715
board serves;	716

(2) The roles and responsibilities of the provider as	717
specified in the individual service needs addendum;	718

(3) Procedures for the county board to monitor the	719
provider's services;	720

(4) Procedures for the county board to evaluate the quality	721
of care and cost effectiveness of the provider's services;	722

(5) Procedures for payment of eligible claims;

723

(6) If the provider is to provide home and community-based	724
services, medicaid case management services, or habilitation	725
center services, both of the following:	726

(a) Procedures for reimbursement that conform to the	727
statewide reimbursement process and the county board's plan	728
submitted under section 5126.054 of the Revised Code;	729

(b) Procedures that ensure that the county board pays the	730
nonfederal share of the medicaid expenditures that the county	731
board is required by division (A) of section 5126.0565126.057 of	732
the Revised Code to pay.	733

(7) Procedures for the county board to perform service	734
utilization reviews and the implementation of required corrective	735
actions;	736

(8) Procedures for the provider to submit claims for payment	737
for a service no later than three hundred thirty days after the	738
date the service is provided;	739

(9) Procedures for rejecting claims for payment that are	740
submitted after the time required by division (B)(9) of this	741
section;	742

(10) Procedures for developing, modifying, and executing	743
initial and subsequent service plans. The procedures shall	744
provide for the provider's participation.	745

(11) Procedures for affording individuals due process	746
protections;	747

(12) General staffing, training, and certification	748
requirements that are consistent with state requirements and	749
compensation arrangements that are necessary to attract, train,	750
and retain competent personnel to deliver the services pursuant to	751
the individual service needs addendum;	752

(13) Methods to be used to document services provided and	753
procedures for submitting reports the county board requires;	754

(14) Methods for authorizing and documenting within	755
seventy-two hours changes to the individual service needs	756
addendum. The methods shall allow for changes to be initially	757
authorized verbally and subsequently in writing.	758

(15) Procedures for modifying the individual service needs	759
addendum in accordance with changes to the recipient's	760
individualized service plan;	761

(16) Procedures for terminating the individual service needs	762
addendum within thirty days of a request made by the recipient;	763

(17) A requirement that all parties to the contract accept	764
the contract's terms and conditions;	765

(18) A designated contact person and the method of	766
contacting the designated person to respond to medical or	767
behavioral problems and allegations of major unusual incidents or	768
unusual incidents;	769

(19) Procedures for ensuring the health and welfare of the	770
recipient;	771

(20) Procedures for ensuring fiscal accountability and the	772
collection and reporting of programmatic data;	773

(21) Procedures for implementing the mediation and	774
arbitration process under section 5126.036 of the Revised Code;	775

(22) Procedures for amending or terminating the contract,	776
including as necessary to make the general operating agreement	777
component consistent with any changes made to the individual	778
service needs addendum;	779

(23) Anything else allowable under federal and state law	780
that the county board and provider agree to.	781

(D) The individual service needs addendum shall be	782
consistent with the general operating agreement component and	783
include all of the following:	784

(1) The name of the individual with mental retardation or	785
other developmental disability who is to receive the services from	786
the provider and any information about the recipient that the	787
provider needs to be able to provide the services;	788

(2) A clear and complete description of the services that	789
the recipient is to receive as determined using statewide	790
assessment tools;	791

(3) A copy of the recipient's assessment and individualized	792
service plan;	793

(4) A clear and complete description of the provider's	794
responsibilities to the recipient and county board in providing	795
appropriate services in a coordinated manner with other providers	796
and in a manner that contributes to and ensures the recipient's	797
health, safety, and welfare.	798

(E) The director of mental retardation and developmental	799
disabilities shall adopt rules in accordance with Chapter 119. of	800
the Revised Code governing service contracts. A service contract	801
does not negate the requirement that a provider of home and	802
community-based services, medicaid case management services, or	803
habilitation center services have a medicaid provider agreement	804
with the department of job and family services.	805

Sec. 5126.036. (A) As used in this section:

806

(1) "Aggrieved party" means any of the following:

807

(a) The party to a service contract that is aggrieved by an	808
action the other party has taken or not taken under the service	809
contract;	810

(b) A person or government entity aggrieved by the refusal	811
of a county board of mental retardation and developmental	812
disabilities to enter into a service contract with the person or	813
government entity;	814

(c) A person or government entity aggrieved by termination	815
by a county board of mental retardation and development	816
disabilities of a service contract between the person or	817
government entity and the county board.	818

(2) "Mediator/arbitrator" means either of the following:

819

(a) An attorney at law licensed to practice law in this	820
state who is mutually selected by the parties under division	821
(B)(4) of this section to conduct mediation and arbitration;	822

(b) A retired judge who is selected under division (B)(4) of	823
this section to conduct mediation and arbitration.	824

(3) "Other party" means any of the following:

825

(a) The party to a service contract that has taken or not	826
taken an action under the service contract that causes the	827
aggrieved party to be aggrieved;	828

(b) A county board of mental retardation and developmental	829
disabilities that refuses to enter into a service contract with a	830
person or government entity;	831

(c) A county board of mental retardation and developmental	832
disabilities that terminates a service contract.	833

(4) "Parties" mean either of the following:

834

(a) A county board of mental retardation and developmental	835
disabilities and a provider that have or had a service contract	836
with each other;	837

(b) A person or government entity that seeks a service	838
contract with a county board of mental retardation and	839
developmental disabilities and the county board that refuses to	840
enter into the service contract with the person or government	841
entity.	842

(5) "Provider" means a person or government entity that	843
provides services to an individual with mental retardation or	844
other developmental disability pursuant to a service contract.	845

(6) "Service contract" means a contract between a county	846
board of mental retardation and developmental disabilities and a	847
provider under which the provider is to provide services to an	848
individual with mental retardation or other developmental	849
disability.	850

(B) An aggrieved party that seeks to require the other party	851
to take or cease an action under a service contract that causes	852
the aggrieved party to be aggrieved, a person or government	853
entity aggrieved by the refusal of a county board of mental	854
retardation and developmental disabilities to enter into a service	855
contract with the person or government entity, or a person or	856
government entity aggrieved by a county board's termination of a	857
service contract between the person or government entity and the	858
county board and the other party shall follow the following	859
mediation and arbitration procedures:	860

(1) No later than thirty days after first notifying the	861
other party that the aggrieved party is aggrieved, the aggrieved	862
party shall file a written notice of mediation and arbitration	863
with the department of mental retardation and developmental	864
disabilities and provide a copy of the written notice to the other	865
party. The written notice shall include an explanation of why the	866
aggrieved party is aggrieved. The department of mental	867
retardation and developmental disabilities shall provide the	868
department of job and family services a copy of the notice.	869

(2) In the case of parties that have a current service	870
contract with each other and unless otherwise agreed to by both	871
parties, the parties shall continue to operate under the contract	872
in the manner they have been operating until the mediation and	873
arbitration process, including an appeal under division (B)(9) of	874
this section, if any, is completed.	875

(3) During the thirty days following the date the aggrieved	876
party files the written notice of mediation and arbitration under	877
division (B)(1) of this section, the parties may attempt to	878
resolve the conflict informally. If the parties are able to	879
resolve the conflict informally within this time, the aggrieved	880
party shall rescind the written notice of mediation and	881
arbitration filed under division (B)(1) of this section.	882

(4) No later than thirty days after the date the aggrieved	883
party files the written notice of mediation and arbitration under	884
division (B)(1) of this section, the parties shall mutually select	885
an attorney at law licensed to practice law in this state to	886
conduct the mediation and arbitration and schedule the first	887
meeting of the mediation unless the parties informally resolve the	888
conflict under division (B)(3) of this section. If the parties	889
fail to select an attorney to conduct the mediation and	890
arbitration within the required time, the parties shall request	891
that the chief justice of the supreme court of Ohio provide the	892
parties a list of five retired judges who are willing to perform	893
the mediation and arbitration duties. The chief justice shall	894
create such a list and provide it to the parties. To select the	895
retired judge to conduct the mediation and arbitration, the	896
parties shall take turns, beginning with the aggrieved party,	897
striking retired judges from the list. The retired judge	898
remaining on the list after both parties have each stricken two	899
retired judges from the list shall perform the mediation and	900
arbitration duties, including scheduling the first meeting of	901
mediation if the parties are unable to agree on a date for the	902
first meeting.	903

(5) A stenographic record or tape recording and transcript	904
of each mediation and arbitration meeting shall be maintained as	905
part of the mediation and arbitration's official records. The	906
parties shall share the cost of the mediation and arbitration,	907
including the cost of the mediator/arbitrator's services but	908
excluding the cost of representation.	909

(6) The first mediation meeting shall be held no later than	910
sixty days after the date the aggrieved party files the written	911
notice of mediation and arbitration under division (B)(1) of this	912
section unless the parties informally resolve the conflict under	913
division (B)(3) of this section or the parties mutually agree to	914
hold the first meeting at a later time. The mediation shall be	915
conducted in the manner the parties mutually agree. If the	916
parties are unable to agree on how the mediation is to be	917
conducted, the mediator/arbitrator selected under division (B)(4)	918
of this section shall determine how it is to be conducted. The	919
rules of evidence may be used. The mediator/arbitrator shall	920
attempt to resolve the conflict through the mediation process. The	921
mediator/arbitrator's resolution of the conflict may be applied	922
retroactively.	923

(7) If the conflict is not resolved through the mediation	924
process, the mediator/arbitrator shall arbitrate the conflict.	925
The parties shall present evidence to the mediator/arbitrator in	926
the manner the mediator/arbitrator requires. The	927
mediator/arbitrator shall render a written recommendation within	928
thirty days of the conclusion of the last arbitration meeting	929
based on the service contract, applicable law, and the	930
preponderance of the evidence presented during the arbitration.	931
The mediator/arbitrator's recommendation may be applied	932
retroactively. If the parties agree, the mediator/arbitrator may	933
continue to attempt to resolve the conflict through mediation	934
while the mediator/arbitrator arbitrates the conflict.	935

(8) No later than thirty days after the mediator/arbitrator	936
renders a recommendation in an arbitration, the	937
mediator/arbitrator shall provide the parties with a written	938
recommendation and forward a copy of the written recommendation,	939
transcripts from each arbitration meeting, and a copy of all	940
evidence presented to the mediator/arbitrator during the	941
arbitration to the departments of mental retardation and	942
developmental disabilities and job and family services.	943

(9) No later than thirty days after the department of mental	944
retardation and developmental disabilities receives the	945
mediator/arbitrator's recommendation and the materials required by	946
division (B)(8) of this section, the department shall adopt,	947
reject, or modify the mediator/arbitrator's recommendation	948
consistent with the mediator/arbitrator's findings of fact and	949
conclusions of law or remand any portion of the recommendation to	950
the mediator/arbitrator for further findings on a specific factual	951
or legal issue. The mediator/arbitrator shall complete the	952
further findings and provide the parties and the department with a	953
written response to the remand within sixty days of the date the	954
mediator/arbitrator receives the remand. On receipt of the	955
mediator/arbitrator's response to the remand, the department,	956
within thirty days, unless the parties agree otherwise, shall	957
adopt, reject, or modify the mediator/arbitrator's response. The	958
department's actions regarding the mediator/arbitrator's	959
recommendation and response are a final adjudication order subject	960
to appeal to the court of common pleas of Franklin county under	961
section 119.12 of the Revised Code, except that the court shall	962
consider only whether the conclusions of law the department adopts	963
are in accordance with the law.	964

(10) If the department of job and family services, in	965
consultation with the department of mental retardation and	966
developmental disabilities, determines no later than thirty days	967
following the date the department of mental retardation and	968
developmental disabilities receives the mediator/arbitrator's	969
recommendation and the materials required by division (B)(8) of	970
this section, or, if the recommendation is remanded under division	971
(B)(9) of this section, thirty days following the date the	972
department receives the response to the remand, that any aspect of	973
the conflict between the parties affects the medicaid program, the	974
department of mental retardation and developmental disabilities	975
shall take all actions under division (B)(9) of this section in	976
consultation with the department of job and family services.	977

(C) If the department of mental retardation and	978
developmental disabilities is aware of a conflict between a county	979
board of mental retardation and developmental disabilities and a	980
person or government entity that provides or seeks to provide	981
services to an individual with mental retardation or other	982
developmental disability to which the mediation and arbitration	983
procedures established by this section may be applied and that the	984
aggrieved party has not filed a written notice of mediation and	985
arbitration within the time required by division (B)(1) of this	986
section, the department may require that the parties implement the	987
mediation and arbitration procedures.	988

(D) Each service contract shall provide for the parties to	989
follow the mediation and arbitration procedures established by	990
this section if a party takes or does not take an action under the	991
service contract that causes the aggrieved party to be aggrieved	992
or if the provider is aggrieved by the county board's termination	993
of the service contract.	994

Sec. 5126.042.  (A) As used in this section:

995

(1) "Emergency" means any situation that creates for an	996
individual with mental retardation or developmental disabilities a	997
risk of substantial self-harm or substantial harm to others if	998
action is not taken within thirty days. An "emergency" may	999
include one or more of the following situations:	1000

(a) Loss of present residence for any reason, including	1001
legal action;	1002

(b) Loss of present caretaker for any reason, including	1003
serious illness of the caretaker, change in the caretaker's	1004
status, or inability of the caretaker to perform effectively for	1005
the individual;	1006

(c) Abuse, neglect, or exploitation of the individual;

1007

(d) Health and safety conditions that pose a serious risk to	1008
the individual or others of immediate harm or death;	1009

(e) Change in the emotional or physical condition of the	1010
individual that necessitates substantial accommodation that cannot	1011
be reasonably provided by the individual's existing caretaker.	1012

(2) "Medicaid" has the same meaning as in section 5111.01 of	1013
the Revised Code.	1014

(B) If a county board of mental retardation and	1015
developmental disabilities determines that available resources are	1016
not sufficient to meet the needs of all individuals who request	1017
programs and services and may be offered the programs and	1018
services, it shall establish waiting lists for services. The	1019
board may establish priorities for making placements on its	1020
waiting lists according to an individual's emergency status and	1021
shall establish priorities in accordance with division (D) of this	1022
section.	1023

The individuals who may be placed on a waiting list include	1024
individuals with a need for services on an emergency basis and	1025
individuals who have requested services for which resources are	1026
not available.	1027

Except for an individual who is to receive priority for	1028
services pursuant to division (D)(3) of this section, an	1029
individual who currently receives a service but would like to	1030
change to another service shall not be placed on a waiting list	1031
but shall be placed on a service substitution list. The board	1032
shall work with the individual, service providers, and all	1033
appropriate entities to facilitate the change in service as	1034
expeditiously as possible. The board may establish priorities for	1035
making placements on its service substitution lists according to	1036
an individual's emergency status.	1037

In addition to maintaining waiting lists and service	1038
substitution lists, a board shall maintain a long-term service	1039
planning registry for individuals who wish to record their	1040
intention to request in the future a service they are not	1041
currently receiving. The purpose of the registry is to enable the	1042
board to document requests and to plan appropriately. The board	1043
may not place an individual on the registry who meets the	1044
conditions for receipt of services on an emergency basis.	1045

(C) A county board shall establish a separate waiting list	1046
for each of the following categories of services, and may	1047
establish separate waiting lists within the waiting lists:	1048

(1) Early childhood services;

1049

(2) Educational programs for preschool and school age	1050
children;	1051

(3) Adult services;

1052

(4) serviceService and support administration;

1053

(5) Residential services and supported living;

1054

(6) Transportation services;

1055

(7) Other services determined necessary and appropriate for	1056
persons with mental retardation or a developmental disability	1057
according to their individual habilitation or service plans;	1058

(8) Family support services provided under section 5126.11	1059
of the Revised Code.	1060

(D) Except as provided in division (E)(F) of this section, a	1061
county board shall do, as priorities, all of the following in	1062
accordance with the assessment component, approved under section	1063
5123.046 of the Revised Code, of the county board's plan approved	1064
developed under section 5123.0465126.054 of the Revised Code as	1065
priorities:	1066

(1) For the purpose of obtaining additional federal medicaid	1067
funds for home and community-based services, medicaid case	1068
management services, and habilitation center services, do both of	1069
the following:	1070

(a) Give an individual who is eligible for home and	1071
community-based services and meets both of the following	1072
requirements priority over any other individual on a waiting list	1073
established under division (C) of this section for home and	1074
community-based services that include supported living,	1075
residential services, or family support services:	1076

(i) Is twenty-two years of age or older;

1077

(ii) Receives supported living or family support services.

1078

(b) Give an individual who is eligible for home and	1079
community-based services and meets both of the following	1080
requirements priority over any other individual on a waiting list	1081
established under division (C) of this section for home and	1082
community-based services that include adult services:	1083

(i) Resides in the individual's own home or the home of the	1084
individual's family and will continue to reside in that home after	1085
enrollment in home and community-based services;	1086

(ii) Receives adult services from the county board.

1087

(2) As federal medicaid funds become available pursuant to	1088
division (D)(1) of this section, give an individual who is	1089
eligible for home and community-based services and meets any of	1090
the following requirements priority for such services over any	1091
other individual on a waiting list established under division (C)	1092
of this section other than an individual given priority under	1093
division (D)(1) of this section:	1094

(a) Does not receive residential services or supported	1095
living, either needs services in the individual's current living	1096
arrangement or will need services in a new living arrangement, and	1097
has a primary caregiver who is sixty years of age or older;	1098

(b) Is less than twenty-two years of age, does not receive	1099
residential services or supported living, resides in the home of	1100
the individual's family, and has at least one of the following	1101
service needs that are unusual in scope or intensity:	1102

(i) Severe behavior problems for which a behavior support	1103
plan is needed;	1104

(ii) An emotional disorder for which anti-psychotic	1105
medication is needed;	1106

(iii) A medical condition that leaves the individual	1107
dependent on life-support medical technology;	1108

(iv) A condition affecting multiple body systems for which a	1109
combination of specialized medical, psychological, educational, or	1110
habilitation services are needed;	1111

(v) A condition the county board determines to be comparable	1112
in severity to any condition described in division (D)(1)	1113
(2)(b)(i) to (iv) of this section and places the individual at	1114
significant risk of institutionalization.	1115

(c) Is twenty-two years of age or older, does not receive	1116
residential services or supported living, and is determined by the	1117
county board to have intensive needs for residentialhome and	1118
community-based services on an in-home or out-of-home basis.	1119

(3) In fiscal years 2002 and 2003, give an individual who is	1120
eligible for home and community-based services, resides in an	1121
intermediate care facility for the mentally retarded or nursing	1122
facility, chooses to move to another setting with the help of home	1123
and community-based services, and has been determined by the	1124
department of mental retardation and developmental disabilities to	1125
be capable of residing in the other setting, priority over any	1126
other individual on a waiting list established under division (C)	1127
of this section for home and community-based services who does not	1128
meet these criteria. The department of mental retardation and	1129
developmental disabilities shall identify the individuals to	1130
receive priority under division (D)(3) of this section, assess the	1131
needs of the individuals, and notify the county boards that are to	1132
provide the individuals priority under division (D)(3) of this	1133
section of the individuals identified by the department and the	1134
individuals' assessed needs.	1135

(E) If two or more individuals on a waiting list established	1136
under division (C) of this section for home and community-based	1137
services have priority for the services pursuant to division	1138
(D)(1) or (2) of this section, a county board may use, until	1139
December 31, 2003, criteria specified in rules adopted under	1140
division (J)(2) of this section in determining the order in which	1141
the individuals with priority will be offered the services.	1142
Otherwise, the county board shall offer the home and	1143
community-based services to such individuals in the order they are	1144
placed on the waiting list.	1145

(F)(1) No individual may receive priority for services	1146
pursuant to division (D) of this section over an individual placed	1147
on a waiting list established under division (C) of this section	1148
on an emergency status.	1149

(2) No more than twofour hundred individuals in the state	1150
may receive priority for services during state fiscal yearsthe	1151
2002 and 2003 biennium pursuant to division (D)(2)(b) of this	1152
section.	1153

(3) No more than a total of seventy-five individuals in the	1154
state may receive priority for services during state fiscal years	1155
2002 and 2003 pursuant to division (D)(3) of this section.	1156

(F)(G) Prior to establishing any waiting list under this	1157
section, a county board shall develop and implement a policy for	1158
waiting lists that complies with this section and rules that the	1159
department of mental retardation and developmental disabilities	1160
shall adopt in accordance with Chapter 119. of the Revised Code.	1161
The department's rules shall include procedures to be followed to	1162
ensure that the due process rights of individuals placed on	1163
waiting lists are not violatedadopted under division (J) of this	1164
section.	1165

Prior to placing an individual on a waiting list, the county	1166
board shall assess the service needs of the individual in	1167
accordance with all applicable state and federal laws. The county	1168
board shall place the individual on the appropriate waiting list	1169
and may place the individual on more than one waiting list. The	1170
county board shall notify the individual of the individual's	1171
placement and position on each waiting list on which the	1172
individual is placed.	1173

At least annually, the county board shall reassess the	1174
service needs of each individual on a waiting list. If it	1175
determines that an individual no longer needs a program or	1176
service, the county board shall remove the individual from the	1177
waiting list. If it determines that an individual needs a program	1178
or service other than the one for which the individual is on the	1179
waiting list, the county board shall provide the program or	1180
service to the individual or place the individual on a waiting	1181
list for the program or service in accordance with the board's	1182
policy for waiting lists.	1183

When a program or service for which there is a waiting list	1184
becomes available, the county board shall reassess the service	1185
needs of the individual next scheduled on the waiting list to	1186
receive that program or service. If the reassessment demonstrates	1187
that the individual continues to need the program or service, the	1188
board shall offer the program or service to the individual. If it	1189
determines that an individual no longer needs a program or	1190
service, the county board shall remove the individual from the	1191
waiting list. If it determines that an individual needs a program	1192
or service other than the one for which the individual is on the	1193
waiting list, the county board shall provide the program or	1194
service to the individual or place the individual on a waiting	1195
list for the program or service in accordance with the board's	1196
policy for waiting lists. The county board shall notify the	1197
individual of the individual's placement and position on the	1198
waiting list on which the individual is placed.	1199

(G)(H) A child subject to a determination made pursuant to	1200
section 121.38 of the Revised Code who requires the home and	1201
community-based services provided through the medicaid component	1202
that the department of mental retardation and developmental	1203
disabilities administers under section 5111.871 of the Revised	1204
Code shall receive services through that medicaid component. For	1205
all other services, a child subject to a determination made	1206
pursuant to section 121.38 of the Revised Code shall be treated as	1207
an emergency by the county boards and shall not be subject to a	1208
waiting list.	1209

(H)(I) Not later than the fifteenth day of March of each	1210
even-numbered year, each county board shall prepare and submit to	1211
the director of mental retardation and developmental disabilities	1212
its recommendations for the funding of services for individuals	1213
with mental retardation and developmental disabilities and its	1214
proposals for reducing the waiting lists for services.	1215

(I)(J)(1) The department of mental retardation and	1216
developmental disabilities shall adopt rules in accordance with	1217
Chapter 119. of the Revised Code governing waiting lists	1218
established under this section. The rules shall include procedures	1219
to be followed to ensure that the due process rights of	1220
individuals placed on waiting lists are not violated.	1221

(2) As part of the rules adopted under this division, the	1222
department shall adopt, not later than November 15, 2001, rules	1223
establishing criteria a county board may use under division (E) of	1224
this section in determining the order in which individuals with	1225
priority for home and community-based services will be offered the	1226
services. The rules shall also specify conditions under which a	1227
county board, when there is no individual with priority for home	1228
and community-based services pursuant to division (D)(1) or (2) of	1229
this section available and appropriate for the services, may offer	1230
the services to an individual on a waiting list for the services	1231
but not given such priority for the services. The rules adopted	1232
under division (J)(2) of this section shall cease to have effect	1233
December 31, 2003.	1234

(K) The following shall take precedence over the applicable	1235
provisions of this section:	1236

(1) Medicaid rules and regulations;

1237

(2) Any specific requirements that may be contained within a	1238
medicaid state plan amendment or waiver program that a county	1239
board has authority to administer or with respect to which it has	1240
authority to provide services, programs, or supports.	1241

Sec. 5126.046. (A) Each county board of mental retardation	1242
and developmental disabilities that has medicaid local	1243
administrative authority under division (A) of section 5126.055 of	1244
the Revised Code for habilitation, vocational, or community	1245
employment services provided as part of home and community-based	1246
services shall create a list of all persons and government	1247
entities eligible to provide such habilitation, vocational, or	1248
community employment services. If the county board chooses and is	1249
eligible to provide such habilitation, vocational, or community	1250
employment services, the county board shall include itself on the	1251
list. The county board shall make the list available to each	1252
individual with mental retardation or other developmental	1253
disability who resides in the county and is eligible for such	1254
habilitation, vocational, or community employment services. The	1255
county board shall also make the list available to such	1256
individuals' families.	1257

An individual with mental retardation or other developmental	1258
disability who is eligible for habilitation, vocational, or	1259
community employment services may choose the provider of the	1260
services.	1261

If aA county board that has medicaid local administrative	1262
authority under division (A) of section 5126.055 of the Revised	1263
Code for habilitation, vocational, and community employment	1264
services provided as part of home and community-based services,	1265
the county board shall pay the nonfederal share of the	1266
habilitation, vocational, and community employment services when	1267
required by section 5126.0565126.057 of the Revised Code. The	1268
department of mental retardation and developmental disabilities	1269
shall pay the nonfederal share of such habilitation, vocational,	1270
and community employment services when required by section	1271
5123.047 of the Revised Code.	1272

(B) Each month, the department of mental retardation and	1273
developmental disabilities shall create a list of all persons and	1274
government entities eligible to provide residential services and	1275
supported living. The department shall include on the list all	1276
residential facilities licensed under section 5123.19 of the	1277
Revised Code and all supported living providers certified under	1278
section 5126.431 of the Revised Code. The department shall	1279
distribute the monthly lists to county boards that have local	1280
administrative authority under division (A) of section 5126.055 of	1281
the Revised Code for residential services and supported living	1282
provided as part of home and community-based services. A county	1283
board that receives a list shall make it available to each	1284
individual with mental retardation or other developmental	1285
disability who resides in the county and is eligible for such	1286
residential services or supported living. The county board shall	1287
also make the list available to the families of those individuals.	1288

An individual who is eligible for residential services or	1289
supported living may choose the provider of the residential	1290
services or supported living.	1291

If aA county board that has medicaid local administrative	1292
authority under division (A) of section 5126.055 of the Revised	1293
Code for residential services and supported living provided as	1294
part of home and community-based services, the county board shall	1295
pay the nonfederal share of the residential services and supported	1296
living when required by section 5126.0565126.057 of the Revised	1297
Code. The department shall pay the nonfederal share of the	1298
residential services and supported living when required by section	1299
5123.047 of the Revised Code.	1300

(C) If a county board that has medicaid local administrative	1301
authority under division (A) of section 5126.055 of the Revised	1302
Code for home and community-based services violates the right	1303
established by this section of an individual to choose a provider	1304
that is qualified and willing to provide services to the	1305
individual, the individual shall receive timely notice that the	1306
individual may request a hearing under section 5101.35 of the	1307
Revised Code.	1308

(D) The departments of mental retardation and developmental	1309
disabilities and job and family services shall adopt rules in	1310
accordance with Chapter 119. of the Revised Code governing the	1311
implementation of this section. The rules shall include	1312
procedures for individuals to choose their service providers. The	1313
rules shall not be limited by a provider selection system	1314
established under section 5126.42 of the Revised Code, including	1315
any pool of providers created pursuant to a provider selection	1316
system.	1317

Sec. 5126.05.  (A) Subject to the rules established by the	1318
director of mental retardation and developmental disabilities	1319
pursuant to Chapter 119. of the Revised Code for programs and	1320
services offered pursuant to this chapter, and subject to the	1321
rules established by the state board of education pursuant to	1322
Chapter 119. of the Revised Code for programs and services offered	1323
pursuant to Chapter 3323. of the Revised Code, the county board of	1324
mental retardation and developmental disabilities shall:	1325

(1) Administer and operate facilities, programs, and	1326
services as provided by this chapter and Chapter 3323. of the	1327
Revised Code and establish policies for their administration and	1328
operation;	1329

(2) Coordinate, monitor, and evaluate existing services and	1330
facilities available to individuals with mental retardation and	1331
developmental disabilities;	1332

(3) Provide early childhood services, supportive home	1333
services, and adult services, according to the plan and priorities	1334
developed under section 5126.04 of the Revised Code;	1335

(4) Provide or contract for special education services	1336
pursuant to Chapters 3317. and 3323. of the Revised Code and	1337
ensure that related services, as defined in section 3323.01 of the	1338
Revised Code, are available according to the plan and priorities	1339
developed under section 5126.04 of the Revised Code;	1340

(5) Adopt a budget, authorize expenditures for the purposes	1341
specified in this chapter and do so in accordance with section	1342
319.16 of the Revised Code, approve attendance of board members	1343
and employees at professional meetings and approve expenditures	1344
for attendance, and exercise such powers and duties as are	1345
prescribed by the director;	1346

(6) Submit annual reports of its work and expenditures,	1347
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	1348
the director, the superintendent of public instruction, and the	1349
board of county commissioners at the close of the fiscal year and	1350
at such other times as may reasonably be requested;	1351

(7) Authorize all positions of employment, establish	1352
compensation, including but not limited to salary schedules and	1353
fringe benefits for all board employees, approve contracts of	1354
employment for management employees that are for a term of more	1355
than one year, employ legal counsel under section 309.10 of the	1356
Revised Code, and contract for employee benefits;	1357

(8) Provide service and support administration in	1358
accordance with section 5126.0465126.15 of the Revised Code;	1359

(9) Certify respite care homes pursuant to rules adopted	1360
under section 5123.171 of the Revised Code by the director of	1361
mental retardation and developmental disabilities.	1362

(B) To the extent that rules adopted under this section	1363
apply to the identification and placement of handicapped children	1364
under Chapter 3323. of the Revised Code, they shall be consistent	1365
with the standards and procedures established under sections	1366
3323.03 to 3323.05 of the Revised Code.	1367

(C) Any county board may enter into contracts with other	1368
such boards and with public or private, nonprofit, or	1369
profit-making agencies or organizations of the same or another	1370
county, to provide the facilities, programs, and services	1371
authorized or required, upon such terms as may be agreeable, and	1372
in accordance with this chapter and Chapter 3323. of the Revised	1373
Code and rules adopted thereunder and in accordance with sections	1374
307.86 and 5126.071 of the Revised Code.	1375

(D) A county board may combine transportation for children	1376
and adults enrolled in programs and services offered under section	1377
5126.12 with transportation for children enrolled in classes	1378
funded under section 3317.20 or units approved under section	1379
3317.05 of the Revised Code.	1380

(E) A county board may purchase all necessary insurance	1381
policies, may purchase equipment and supplies through the	1382
department of administrative services or from other sources, and	1383
may enter into agreements with public agencies or nonprofit	1384
organizations for cooperative purchasing arrangements.	1385

(F) A county board may receive by gift, grant, devise, or	1386
bequest any moneys, lands, or property for the benefit of the	1387
purposes for which the board is established and hold, apply, and	1388
dispose of the moneys, lands, and property according to the terms	1389
of the gift, grant, devise, or bequest. All money received by	1390
gift, grant, bequest, or disposition of lands or property received	1391
by gift, grant, devise, or bequest shall be deposited in the	1392
county treasury to the credit of such board and shall be available	1393
for use by the board for purposes determined or stated by the	1394
donor or grantor, but may not be used for personal expenses of the	1395
board members. Any interest or earnings accruing from such gift,	1396
grant, devise, or bequest shall be treated in the same manner and	1397
subject to the same provisions as such gift, grant, devise, or	1398
bequest.	1399

(G) The board of county commissioners shall levy taxes and	1400
make appropriations sufficient to enable the county board of	1401
mental retardation and developmental disabilities to perform its	1402
functions and duties, and may utilize any available local, state,	1403
and federal funds for such purpose.	1404

Sec. 5126.054.  (A) Each county board of mental retardation	1405
and developmental disabilities shall, by resolution, develop a	1406
three-calendar year plan that includes all of the following four	1407
components:	1408

(1) An assessment component that includes all of the	1409
following:	1410

(a) The number of individuals with mental retardation or	1411
other developmental disability residing in the county who need the	1412
level of care provided by an intermediate care facility for the	1413
mentally retarded, may seek home and community-based services, are	1414
given priority for the services pursuant to division (D) of	1415
section 5126.042 of the Revised Code; the service needs of those	1416
individuals; and the projected annualized cost for services;	1417

(b) The source of funds available to the county board to pay	1418
the nonfederal share of medicaid expenditures that the county	1419
board is required by division (A) of section 5126.0565126.057 of	1420
the Revised Code to pay;	1421

(c) Any other applicable information or conditions that the	1422
department of mental retardation and developmental disabilities	1423
requires as a condition of approving the plancomponent under	1424
section 5123.046 of the Revised Code.	1425

(2) A component that provides for the recruitment, training,	1426
and retention of existing and new direct care staff necessary to	1427
implement services included in individualized service plans,	1428
including behavior management services and health management	1429
services such as delegated nursing and other habilitation center	1430
services, and protect the health and welfare of individuals	1431
receiving services included in the individual's individualized	1432
service plan by complying with safeguards for unusual and major	1433
unusual incidents, day-to-day program management, and other	1434
requirements the department shall identify. A county board shall	1435
develop this component in collaboration with providers of	1436
medicaid-funded services with which the county board contracts. A	1437
county board shall include all of the following in the component:	1438

(a) The source and amount of funds available for the	1439
component;	1440

(b) A plan and timeline for implementing the component with	1441
the medicaid providers under contract with the county board;	1442

(c) The mechanisms the county board shall use to ensure the	1443
financial and program accountability of the medicaid provider's	1444
implementation of the component.	1445

(3) A preliminary implementation component that specifies the	1446
number of individuals to be provided, during the first year that	1447
the plan is in effect, home and community-based services pursuant	1448
to the priority given to them under divisions (D)(1) and (2) of	1449
section 5126.042 of the Revised Code and the types of home and	1450
community-based services the individuals are to receive;	1451

(4) A component that provides for the implementation of	1452
habilitation center services, medicaid case management services,	1453
and home and community-based services for individuals who begin to	1454
receive the services on or after the date the plan is approved	1455
under section 5123.046 of the Revised Code. A county board shall	1456
include all of the following in the component:	1457

(a) If the department of mental retardation and	1458
developmental disabilities or department of job and family	1459
services requires, an agreement to pay the nonfederal share of	1460
medicaid expenditures that the county board is required by	1461
division (A) of section 5126.0565126.057 of the Revised Code to	1462
pay;	1463

(b) How the services are to be phased in over the period the	1464
plan covers, including how the county board will serve individuals	1465
on a waiting list established under division (C) of section	1466
5126.042 who are given priority status under division (D)(1) of	1467
that section;	1468

(c) Any agreement or commitment regarding the county board's	1469
funding of home and community-based services that the county board	1470
has with the department at the time the county board develops the	1471
component;	1472

(d) Assurances adequate to the department that the county	1473
board will comply with all of the following requirements:	1474

(i) To provide the types of home and community-based services	1475
specified in the preliminary implementation component required by	1476
division (A)(3) of this section to at least the number of	1477
individuals specified in that component;	1478

(ii) To use any additional funds the county board receives	1479
for the services to improve the county board's resource	1480
capabilities for supporting such services available in the county	1481
at the time the component is developed and to expand the services	1482
to accommodate the unmet need for those services in the county;	1483

(ii)(iii) To employ a business manager who is either a new	1484
employee who has earned at least a bachelor's degree in business	1485
administration or a current employee who has the equivalent	1486
experience of a bachelor's degree in business administration. If	1487
the county board will employ a new employee, the county board	1488
shall include in the component a timeline for employing the	1489
employee.	1490

(iii)(iv) To employ or contract with a medicaid services	1491
manager who is either a new employee who has earned at least a	1492
bachelor's degree or a current employee who has the equivalent	1493
experience of a bachelor's degree. If the county board will	1494
employ a new employee, the county board shall include in the	1495
component a timeline for employing the employee. Two or three	1496
county boards that have a combined total enrollment in county	1497
board services not exceeding one thousand individuals as	1498
determined pursuant to certifications made under division (B) of	1499
section 5126.12 of the Revised Code may satisfy this requirement	1500
by sharing the services of a medicaid services manager or using	1501
the services of a medicaid services manager employed by or under	1502
contract with a regional council that the county boards establish	1503
under section 5126.13 of the Revised Code.	1504

(e) An agreement to comply with the method, developed by	1505
rules adopted under section 5123.0413 of the Revised Code, of	1506
paying for extraordinary costs, including extraordinary costs for	1507
services to individuals with mental retardation or other	1508
developmental disability, and ensuring the availability of	1509
adequate funds in the event a county property tax levy for	1510
services for individuals with mental retardation or other	1511
developmental disability fails;	1512

(f) Programmatic and financial accountability measures and	1513
projected outcomes expected from the implementation of the plan;	1514

(g) Any other applicable information or conditions that the	1515
department requires as a condition of approving the plancomponent	1516
under section 5123.046 of the Revised Code.	1517

(B) For the purpose of obtaining the department's approval	1518
under section 5123.046 of the Revised Code of the plan the county	1519
board develops under division (A) of this section, a county board	1520
shall do bothall of the following:	1521

(1) Submit the components required by divisions (A)(1) and	1522
(2) of this section to the department not later than August 1,	1523
2001;	1524

(2) Submit the component required by division (A)(3) of this	1525
section to the department not later than January 31, 2002;	1526

(3) Submit the component required by division (A)(3)(4) of	1527
this section to the department not later than NovemberJuly 1,	1528
20012002.	1529

(C) A county board whose plan developed under division (A)	1530
of this section is approved by the department under section	1531
5123.046 of the Revised Code shall update and renew the plan in	1532
accordance with a schedule the department shall develop.	1533

Sec. 5126.055.  (A) Except as provided in division (G) of	1534
this section 5126.056 of the Revised Code, a county board of	1535
mental retardation and developmental disabilities with an approved	1536
plan under section 5123.046 of the Revised Code has medicaid local	1537
administrative authority to, and shall, do all of the following	1538
for an individual with mental retardation or other developmental	1539
disability who resides in the county that the county board serves	1540
and seeks or receives home and community-based services:	1541

(1) Perform assessments and evaluations of the individual.	1542
As part of the assessment and evaluation process, the county board	1543
shall do all of the following:	1544

(a) Make a recommendation to the department of mental	1545
retardation and developmental disabilities on whether the	1546
department should approve or deny the individual's application for	1547
the services, including on the basis of whether the individual	1548
needs the level of care an intermediate care facility for the	1549
mentally retarded provides;	1550

(b) If the individual's application is denied because of the	1551
county board's recommendation and the individual requests a	1552
hearing under section 5101.35 of the Revised Code, present, with	1553
the department of mental retardation and developmental	1554
disabilities or department of job and family services, whichever	1555
denies the application, the reasons for the recommendation and	1556
denial at the hearing;	1557

(c) If the individual's application is approved, recommend	1558
to the departments of mental retardation and developmental	1559
disabilities and job and family services the services that should	1560
be included in the individual's individualized service plan and,	1561
if either department approves, reduces, denies, or terminates a	1562
service included in the individual's individualized service plan	1563
under section 5111.871 of the Revised Code because of the county	1564
board's recommendation, present, with the department that made the	1565
approval, reduction, denial, or termination, the reasons for the	1566
recommendation and approval, reduction, denial, or termination at	1567
a hearing under section 5101.35 of the Revised Code.	1568

(2) If the individual has been identified by the department	1569
of mental retardation and developmental disabilities as an	1570
individual to receive priority for home and community-based	1571
services pursuant to division (D)(3) of section 5126.042 of the	1572
Revised Code, assist the department in expediting the transfer of	1573
the individual from an intermediate care facility for the mentally	1574
retarded or nursing facility to the home and community-based	1575
services;	1576

(3) In accordance with the rules adopted under section	1577
5126.046 of the Revised Code, perform the county board's duties	1578
under that section regarding assisting the individual's right to	1579
choose a qualified and willing provider of the services and, at a	1580
hearing under section 5101.35 of the Revised Code, present	1581
evidence of the process for appropriate assistance in choosing	1582
providers;	1583

(4) Unless the county board provides the services under	1584
division (A)(5) of this section, contract with the person or	1585
government entity the individual chooses in accordance with	1586
section 5126.046 of the Revised Code to provide the services if	1587
the person or government entity is qualified and agrees to provide	1588
the services. The contract shall contain all the provisions	1589
required by section 5126.0575126.035 of the Revised Code and	1590
require the provider to agree to furnish, in accordance with the	1591
provider's medicaid provider agreement and for the authorized	1592
reimbursement rate, the services the individual requires.	1593

(5) If the county board is certified under section 5123.045	1594
of the Revised Code to provide the services and agrees to provide	1595
the services to the individual and the individual chooses the	1596
county board to provide the services, furnish, in accordance with	1597
the county board's medicaid provider agreement and for the	1598
authorized reimbursement rate, the services the individual	1599
requires;	1600

(6) Monitor the services provided to the individual and	1601
ensure the individual's health, safety, and welfare. The	1602
monitoring shall include quality assurance activities. If the	1603
county board provides the services, the department of mental	1604
retardation and developmental disabilities shall also monitor the	1605
services.	1606

(7) Develop, with the individual and the provider of the	1607
individual's services, an effective individualized service plan	1608
that includes coordination of services, recommend that the	1609
departments of mental retardation and developmental disabilities	1610
and job and family services approve the plan, and implement the	1611
plan unless either department disapproves it;	1612

(8) Have an investigative agent conduct investigations under	1613
section 5126.313 of the Revised Code that concern the individual;	1614

(9) Have a service and support administrator perform the	1615
duties under division (B)(9) of section 5126.15 of the Revised	1616
Code that concern the individual.	1617

(B) Except as provided in division (G) of this section	1618
5126.056 of the Revised Code, a county board with an approved plan	1619
under section 5123.046 of the Revised Code has medicaid local	1620
administrative authority to, and shall, do all of the following	1621
for an individual with mental retardation or other developmental	1622
disability who resides in the county that the county board serves	1623
and seeks or receives medicaid case management services or	1624
habilitation center services, other than habilitation center	1625
services for which a school district is required by division (E)	1626
of section 5111.041 of the Revised Code to pay the nonfederal	1627
share:	1628

(1) Perform assessments and evaluations of the individual	1629
for the purpose of recommending to the departments of mental	1630
retardation and developmental disabilities and job and family	1631
services the services that should be included in the individual's	1632
individualized service plan;	1633

(2) If the department of mental retardation and	1634
developmental disabilities or department of job and family	1635
services approves, reduces, denies, or terminates a service	1636
included in the individual's individualized service plan under	1637
section 5111.041 or 5111.042 of the Revised Code because of the	1638
county board's recommendation under division (B)(1) of this	1639
section, present, with the department that made the approval,	1640
reduction, denial, or termination, the reasons for the	1641
recommendation and approval, reduction, denial, or termination at	1642
a hearing under section 5101.35 of the Revised Code and inform the	1643
individual that the individual may file a complaint with the	1644
county board under section 5126.06 of the Revised Code at the same	1645
time the individual pursues an appeal under section 5101.35 of the	1646
Revised Code;	1647

(3) In accordance with rules the departments of mental	1648
retardation and developmental disabilities and job and family	1649
services shall adopt in accordance with Chapter 119. of the	1650
Revised Code governing the process for individuals to choose	1651
providers of medicaid case management services and habilitation	1652
center services, assist the individual in choosing the provider of	1653
the services. The rules shall provide for both of the following:	1654

(a) The county board providing the individual up-to-date	1655
information about qualified providers that the department of	1656
mental retardation and developmental disabilities shall make	1657
available to the county board;	1658

(b) If the individual chooses a provider who is qualified	1659
and willing to provide the services but is denied that provider,	1660
the individual receiving timely notice that the individual may	1661
request a hearing under section 5101.35 of the Revised Code and,	1662
at the hearing, the county board presenting evidence of the	1663
process for appropriate assistance in choosing providers.	1664

(4) Unless the county board provides the services under	1665
division (B)(5) of this section, contract with the person or	1666
government entity that the individual chooses in accordance with	1667
the rules adopted under division (B)(3) of this section to provide	1668
the services if the person or government entity is qualified and	1669
agrees to provide the services. The contract shall contain all	1670
the provisions required by section 5126.0575126.035 of the	1671
Revised Code and require the provider to agree to furnish, in	1672
accordance with the provider's medicaid provider agreement and for	1673
the authorized reimbursement rate, the services the individual	1674
requires.	1675

(5) If the county board is certified under section 5123.041	1676
of the Revised Code to provide the services and agrees to provide	1677
the services to the individual and the individual chooses the	1678
county board to provide the services, furnish, in accordance with	1679
the county board's medicaid provider agreement and for the	1680
authorized reimbursement rate, the services the individual	1681
requires;	1682

(6) Monitor the services provided to the individual. The	1683
monitoring shall include quality assurance activities. If the	1684
county board provides the services, the department of mental	1685
retardation and developmental disabilities shall also monitor the	1686
services.	1687

(7) Develop with the individual and the provider of the	1688
individual's services, and with the approval of the departments of	1689
mental retardation and developmental disabilities and job and	1690
family services, implement an effective plan for coordinating the	1691
services in accordance with the individual's approved	1692
individualized service plan;	1693

(8) Have an investigative agent conduct investigations under	1694
section 5126.313 of the Revised Code that concern the individual;	1695

(9) Have a service and support administrator perform the	1696
duties under division (B)(9) of section 5126.15 of the Revised	1697
Code that concern the individual.	1698

(C) A county board shall perform its medicaid local	1699
administrative authority under this section in accordance with all	1700
of the following:	1701

(1) The county board's plan that the department of mental	1702
retardation and developmental disabilities approves under section	1703
5123.046 of the Revised Code;	1704

(2) All applicable federal and state laws;

1705

(3) All applicable policies of the departments of mental	1706
retardation and developmental disabilities and job and family	1707
services and the United States department of health and human	1708
services;	1709

(4) The department of job and family services' supervision	1710
under its authority under section 5111.01 of the Revised Code to	1711
act as the single state medicaid agency;	1712

(5) The department of mental retardation and developmental	1713
disabilities' oversight.	1714

(D) The departments of mental retardation and developmental	1715
disabilities and job and family services shall communicate with	1716
and provide training to county boards regarding medicaid local	1717
administrative authority granted by this section. The	1718
communication and training shall include issues regarding audit	1719
protocols and other standards established by the United States	1720
department of health and human services that the departments	1721
determine appropriate for communication and training. County	1722
boards shall participate in the training. The departments shall	1723
assess the county board's compliance against uniform standards	1724
that the departments shall establish.	1725

(E) A county board may not delegate its medicaid local	1726
administrative authority granted under this section but may	1727
contract with a person or government entity, including a council	1728
of governments, for assistance with its medicaid local	1729
administrative authority. A county board that enters into such a	1730
contract shall notify the director of mental retardation and	1731
developmental disabilities. The notice shall include the tasks	1732
and responsibilities that the contract gives to the person or	1733
government entity. The person or government entity shall comply	1734
in full with all requirements to which the county board is subject	1735
regarding the person or government entity's tasks and	1736
responsibilities under the contract. The county board remains	1737
ultimately responsible for the tasks and responsibilities.	1738

(F) A county board that has medicaid local administrative	1739
authority under this section shall, through the departments of	1740
mental retardation and developmental disabilities and job and	1741
family services, reply to, and cooperate in arranging compliance	1742
with, a program or fiscal audit or program violation exception	1743
that a state or federal audit or review discovers. The department	1744
of job and family services shall timely notify the department of	1745
mental retardation and developmental disabilities and the county	1746
board of any adverse findings. After receiving the notice, the	1747
county board, in conjunction with the department of mental	1748
retardation and developmental disabilities, shall cooperate fully	1749
with the department of job and family services and timely prepare	1750
and send to the department a written plan of correction or	1751
response to the adverse findings. The county board is liable for	1752
any adverse findings that result from an action it takes or fails	1753
to take in its implementation of medicaid local administrative	1754
authority.	1755

(G)(1) If the department of mental retardation and	1756
developmental disabilities or department of job and family	1757
services determines that a county board's implementation of its	1758
medicaid local administrative authority under this section is	1759
deficient, the department that makes the determination shall	1760
require that county board do the following:	1761

(a)(1) If the deficiency affects the health, safety, or	1762
welfare of an individual with mental retardation or other	1763
developmental disability, correct the deficiency within	1764
twenty-four hours;	1765

(b)(2) If the deficiency does not affect the health, safety,	1766
or welfare of an individual with mental retardation or other	1767
developmental disability, receive technical assistance from the	1768
department or submit a plan of correction to the department that	1769
is acceptable to the department within sixty days and correct the	1770
deficiency within the time required by the plan of correction.	1771

(2) If the county board fails to correct a deficiency within	1772
the time required by division (G)(1) of this section to the	1773
satisfaction of the department, or submit an acceptable plan of	1774
correction within the time required by division (G)(1)(b) of this	1775
section, the department shall issue an order terminating the	1776
county board's medicaid local administrative authority over all or	1777
part of home and community-based services, medicaid managed care	1778
services, habilitation center services, all or part of two of	1779
those services, or all or part of all three of those services. The	1780
department shall provide a copy of the order to the board of	1781
county commissioners, probate judge, county auditor, and president	1782
and superintendent of the county board. The department shall	1783
specify in the order the medicaid local administrative authority	1784
that the department is terminating, the reason for the	1785
termination, and the county board's option and responsibilities	1786
under this division.	1787

A county board whose medicaid local administrative authority	1788
is terminated may, no later than thirty days after the department	1789
issues the termination order, recommend to the department that	1790
another county board that has not had any of its medicaid local	1791
administrative authority terminated or another entity the	1792
department approves administer the services for which the county	1793
board's medicaid local administrative authority is terminated. The	1794
department may contract with the other county board or entity to	1795
administer the services. If the department enters into such a	1796
contract, the county board shall adopt a resolution giving the	1797
other county board or entity full medicaid local administrative	1798
authority over the services that the other county board or entity	1799
is to administer. The other county board or entity shall be known	1800
as the contracting authority.	1801

If the county board does not submit a recommendation to the	1802
department regarding a contracting authority within the required	1803
time or the department rejects the county board's recommendation,	1804
the department shall appoint an administrative receiver to	1805
administer the services for which the county board's medicaid	1806
local administrative authority is terminated. To the extent	1807
necessary for the department to appoint an administrative	1808
authority, the department may utilize employees of the department,	1809
management personnel from another county board, or other	1810
individuals who are not employed by or affiliated with in any	1811
manner a person or government entity that provides home and	1812
community-based services, medicaid case management services, or	1813
habilitation center services pursuant to a contract with any	1814
county board. The administrative receiver shall assume full	1815
administrative responsibility for the county board's services for	1816
which the county board's medicaid local administrative authority	1817
is terminated.	1818

The contracting authority or administrative receiver shall	1819
develop and submit to the department a plan of correction to	1820
remediate the problems that caused the department to issue the	1821
termination order. If, after reviewing the plan, the department	1822
approves it, the contracting authority or administrative receiver	1823
shall implement the plan.	1824

The county board shall transfer control of state and federal	1825
funds it is otherwise eligible to receive for the services for	1826
which the county board's medicaid local administrative authority	1827
is terminated and funds the county board may use under division	1828
(B) of section 5126.056 of the Revised Code to pay the nonfederal	1829
share of the services that the county board is required by	1830
division (A) of that section to pay. The county board shall	1831
transfer control of the funds to the contracting authority or	1832
administrative receiver administering the services. The amount	1833
the county board shall transfer shall be the amount necessary for	1834
the contracting authority or administrative receiver to fulfill	1835
its duties in administering the services, including its duties to	1836
pay its personnel for time worked, travel, and related matters. If	1837
the county board fails to make the transfer, the department may	1838
withhold the state and federal funds from the county board and	1839
bring a mandamus action against the county board in the court of	1840
common pleas of the county served by the county board or in the	1841
Franklin county court of common pleas. The mandamus action may not	1842
require that the county board transfer any funds other than the	1843
funds the county board is required by division (G)(2) of this	1844
section to transfer.	1845

The contracting authority or administrative receiver has the	1846
right to authorize the payment of bills in the same manner that	1847
the county board may authorize payment of bills under this chapter	1848
and section 319.16 of the Revised Code.	1849

Sec. 5126.056. (A) The department of mental retardation and	1850
developmental disabilities shall take action under division (B) of	1851
this section against a county board of mental retardation and	1852
developmental disabilities if any of the following are the case:	1853

(1) The county board fails to submit to the department all	1854
the components of its three-year plan required by section 5126.054	1855
of the Revised Code within the time required by division (B) of	1856
that section.	1857

(2) The department disapproves the county board's	1858
three-year plan under section 5123.046 of the Revised Code.	1859

(3) The county board fails, as required by division (C) of	1860
section 5126.054 of the Revised Code, to update and renew its	1861
three-year plan in accordance with a schedule the department	1862
develops under that section.	1863

(4) The county board fails to implement its initial or	1864
renewed three-year plan approved by the department.	1865

(5) The county board fails to correct a deficiency within	1866
the time required by division (G) of section 5126.055 of the	1867
Revised Code to the satisfaction of the department.	1868

(6) The county board fails to submit an acceptable plan of	1869
correction to the department within the time required by division	1870
(G)(2) of section 5126.055 of the Revised Code.	1871

(B) If required by division (A) of this section to take	1872
action against a county board, the department shall issue an order	1873
terminating the county board's medicaid local administrative	1874
authority over all or part of home and community-based services,	1875
medicaid case management services, habilitation center services,	1876
all or part of two of those services, or all or part of all three	1877
of those services. The department shall provide a copy of the	1878
order to the board of county commissioners, probate judge, county	1879
auditor, and president and superintendent of the county board. The	1880
department shall specify in the order the medicaid local	1881
administrative authority that the department is terminating, the	1882
reason for the termination, and the county board's option and	1883
responsibilities under this division.	1884

A county board whose medicaid local administrative authority	1885
is terminated may, not later than thirty days after the department	1886
issues the termination order, recommend to the department that	1887
another county board that has not had any of its medicaid local	1888
administrative authority terminated or another entity the	1889
department approves administer the services for which the county	1890
board's medicaid local administrative authority is terminated. The	1891
department may contract with the other county board or entity to	1892
administer the services. If the department enters into such a	1893
contract, the county board shall adopt a resolution giving the	1894
other county board or entity full medicaid local administrative	1895
authority over the services that the other county board or entity	1896
is to administer. The other county board or entity shall be known	1897
as the contracting authority.	1898

If the county board does not submit a recommendation to the	1899
department regarding a contracting authority within the required	1900
time or the department rejects the county board's recommendation,	1901
the department shall appoint an administrative receiver to	1902
administer the services for which the county board's medicaid	1903
local administrative authority is terminated. To the extent	1904
necessary for the department to appoint an administrative	1905
receiver, the department may utilize employees of the department,	1906
management personnel from another county board, or other	1907
individuals who are not employed by or affiliated with in any	1908
manner a person that provides home and community-based services,	1909
medicaid case management services, or habilitation center services	1910
pursuant to a contract with any county board. The administrative	1911
receiver shall assume full administrative responsibility for the	1912
county board's services for which the county board's medicaid	1913
local administrative authority is terminated.	1914

The contracting authority or administrative receiver shall	1915
develop and submit to the department a plan of correction to	1916
remediate the problems that caused the department to issue the	1917
termination order. If, after reviewing the plan, the department	1918
approves it, the contracting authority or administrative receiver	1919
shall implement the plan.	1920

The county board shall transfer control of state and federal	1921
funds it is otherwise eligible to receive for the services for	1922
which the county board's medicaid local administrative authority	1923
is terminated and funds the county board may use under division	1924
(B) of section 5126.057 of the Revised Code to pay the nonfederal	1925
share of the services that the county board is required by	1926
division (A) of that section to pay. The county board shall	1927
transfer control of the funds to the contracting authority or	1928
administrative receiver administering the services. The amount	1929
the county board shall transfer shall be the amount necessary for	1930
the contracting authority or administrative receiver to fulfill	1931
its duties in administering the services, including its duties to	1932
pay its personnel for time worked, travel, and related matters. If	1933
the county board fails to make the transfer, the department may	1934
withhold the state and federal funds from the county board and	1935
bring a mandamus action against the county board in the court of	1936
common pleas of the county served by the county board or in the	1937
Franklin county court of common pleas. The mandamus action may	1938
not require that the county board transfer any funds other than	1939
the funds the county board is required by division (B) of this	1940
section to transfer.	1941

The contracting authority or administrative receiver has the	1942
right to authorize the payment of bills in the same manner that	1943
the county board may authorize payment of bills under this chapter	1944
and section 319.16 of the Revised Code.	1945

Sec. 5126.056.        Sec. 5126.057. (A) A county board of mental	1946
retardation and developmental disabilities that has medicaid local	1947
administrative authority under division (A) of section 5126.055 of	1948
the Revised Code for home and community-based services shall pay	1949
the nonfederal share of medicaid expenditures for such services	1950
provided to an individual with mental retardation or other	1951
developmental disability who the county board determines under	1952
section 5126.041 of the Revised Code is eligible for county board	1953
services unless division (C)(2) of section 5123.047 of the Revised	1954
Code requires the department of mental retardation and	1955
developmental disabilities to pay the nonfederal share.	1956

A county board that has medicaid local administrative	1957
authority under division (B) of section 5126.055 of the Revised	1958
Code for medicaid case management services shall pay the	1959
nonfederal share of medicaid expenditures for such services	1960
provided to an individual with mental retardation or other	1961
developmental disability who the county board determines under	1962
section 5126.041 of the Revised Code is eligible for county board	1963
services unless division (B)(2) of section 5123.047 of the Revised	1964
Code requires the department of mental retardation and	1965
developmental disabilities to pay the nonfederal share.	1966

A county board shall pay the nonfederal share of medicaid	1967
expenditures for habilitation center services when required to do	1968
so by division (D) of section 5111.041 of the Revised Code.	1969

(B) A county board may use the following funds to pay the	1970
nonfederal share of the services that the county board is required	1971
by division (A) of this section to pay:	1972

(1) To the extent consistent with the levy that generated	1973
the taxes, the following taxes:	1974

(a) Taxes levied pursuant to division (L) of section 5705.19	1975
of the Revised Code and section 5705.222 of the Revised Code;	1976

(b) Taxes levied under section 5705.191 of the Revised Code	1977
that the board of county commissioners allocates to the county	1978
board to pay the nonfederal share of the services.	1979

(2) Funds that the department of mental retardation and	1980
developmental disabilities distributes to the county board under	1981
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	1982
Revised Code;	1983

(3) Funds that the department allocates to the county board	1984
for habilitation center services provided under section 5111.041	1985
of the Revised Code;	1986

(4) Earned federal revenue funds the county board receives	1987
for medicaid services the county board provides pursuant to the	1988
county board's valid medicaid provider agreement.	1989

(C) If by December 31, 2001, the United States secretary of	1990
health and human services approves at least five hundred more	1991
slots for home and community-based services for calendar year 2002	1992
than were available for calendar year 2001, each county board	1993
shall provide, by the last day of calendar year 2001, assurances	1994
to the department of mental retardation and developmental	1995
disabilities that the county board will have for calendar year	1996
2002 at least one-third of the value of one-half, effective mill	1997
levied in the county the preceding year available to pay the	1998
nonfederal share of the services that the county board is required	1999
by division (A) of this section to pay.	2000

If by December 31, 2002, the United States secretary approves	2001
at least five hundred more slots for home and community-based	2002
services for calendar year 2003 than were available for calendar	2003
year 2002, each county board shall provide, by the last day of	2004
calendar year 2002, assurances to the department that the county	2005
board will have for calendar year 2003 at least two-thirds of the	2006
value of one-half, effective mill levied in the county the	2007
preceding year available to pay the nonfederal share of the	2008
services that the county board is required by division (A) of this	2009
section to pay.	2010

If by December 31, 2003, the United States secretary approves	2011
at least five hundred more slots for home and community-based	2012
services for calendar year 2004 than were available for calendar	2013
year 2003, each county board shall provide, by the last day of	2014
calendar year 2003 and each calendar year thereafter, assurances	2015
to the department that the county board will have for calendar	2016
year 2004 and each calendar year thereafter at least the value of	2017
one-half, effective mill levied in the county the preceding year	2018
available to pay the nonfederal share of the services that the	2019
county board is required by division (A) of this section to pay.	2020

(D) Each year, each county board shall adopt a resolution	2021
specifying the amount of funds it will use in the next year to pay	2022
the nonfederal share of the services that the county board is	2023
required by division (A) of this section to pay. The amount	2024
specified shall be adequate to assure that the services will be	2025
available in the county in a manner that conforms to all	2026
applicable state and federal laws. A county board shall state in	2027
its resolution that the payment of the nonfederal share represents	2028
an ongoing financial commitment of the county board. A county	2029
board shall adopt the resolution in time for the county auditor to	2030
make the determination required by division (E) of this section.	2031

(E) Each year, a county auditor shall determine whether the	2032
amount of funds a county board specifies in the resolution it	2033
adopts under division (D) of this section will be available in the	2034
following year for the county board to pay the nonfederal share of	2035
the services that the county board is required by division (A) of	2036
this section to pay. The county auditor shall make the	2037
determination not later than the last day of the year before the	2038
year in which the funds are to be used.	2039

Sec. 5126.06.  (A) Except as provided in division (B) of	2040
this section and section 5126.0355126.036 of the Revised Code,	2041
any person who has a complaint involving any of the programs,	2042
services, policies, or administrative practices of a county board	2043
of mental retardation and developmental disabilities or any of the	2044
entities under contract with the county board, may file a	2045
complaint with the board. Prior to commencing a civil action	2046
regarding the complaint, a person shall attempt to have the	2047
complaint resolved through the administrative resolution process	2048
established in the rules adopted under section 5123.043 of the	2049
Revised Code. After exhausting the administrative resolution	2050
process, the person may commence a civil action if the complaint	2051
is not settled to the person's satisfaction.	2052

(B) An employee of a county board may not file under this	2053
section a complaint related to the terms and conditions of	2054
employment of the employee.	2055

Sec. 5126.14. The entity responsible for the habilitation	2056
management included in adult day habilitation services, the	2057
program management included in, residential services, and the	2058
program management included in supported living shall provide	2059
administrative oversight by doing all of the following:	2060

(A) Having available supervisory personnel to monitor and	2061
ensure implementation of all interventions in accordance with	2062
every individual service plan implemented by the staff who work	2063
with the individuals receiving the services;	2064

(B) Providing appropriate training and technical assistance	2065
for all staff who work with the individuals receiving services;	2066

(C) Communicating with service and support administration	2067
staff for the purpose of coordinating activities to ensure that	2068
services are provided to individuals in accordance with individual	2069
service plans and intended outcomes;	2070

(D) Monitoring for unusual and major unusual incidents and	2071
cases of abuse, neglect, or exploitation, or misappropriation of	2072
funds involving the individual under the care of staff who are	2073
providing the services; taking immediate actions as necessary to	2074
maintain the health, safety, and welfare of the individuals	2075
receiving the services; and providing notice of unusual and major	2076
unusual incidents and suspected cases of abuse, neglect, or	2077
exploitation, or misappropriation of funds to the investigative	2078
agent for the county board of mental retardation and developmental	2079
disabilities;	2080

(E) Performing other administrative duties as required by	2081
state or federal law or by the county board of mental retardation	2082
and developmental disabilities through contracts with providers.	2083

Sec. 5126.15.  (A) A county board of mental retardation and	2084
developmental disabilities shall provide service and support	2085
administration to each individual three years of age or older who	2086
is eligible for other services of the boardand requests service	2087
and support administration. A board shall provide service and	2088
support administration to each individual receiving home and	2089
community-based services. A board may provide, in accordance with	2090
the service coordination requirements of 34 C.F.R. 303.23, service	2091
and support administration to an individual under three years of	2092
age eligible for early intervention services under 34 C.F.R. part	2093
303. A board may provide service and support administration to an	2094
individual who is not eligible for other services of the board.	2095
Service and support administration shall be provided in accordance	2096
with rules adopted under section 5126.08 of the Revised Code.	2097

A board may provide service and support administration by	2098
directly employing service and support administrators or by	2099
contracting with entities for the performance of service and	2100
support administration. Individuals employed or under contract as	2101
service and support administrators shall not be in the same	2102
collective bargaining unit as employees who perform duties that	2103
are not administrative.	2104

Individuals employed by a board as service and support	2105
administrators shall not be assigned responsibilities for	2106
implementing other services for individuals and shall not be	2107
employed by or serve in a decision-making or policy-making	2108
capacity for any other entity that provides programs or services	2109
to individuals with mental retardation or developmental	2110
disabilities. An individual employed as a conditional status	2111
service and support administrator shall perform the duties of	2112
service and support administration only under the supervision of a	2113
management employee who is a service and support administration	2114
supervisor or a professional employee who is a service and support	2115
administrator.	2116

(B) The individuals employed by or under contract with a	2117
board to provide service and support administration shall do all	2118
of the following:	2119

(1) Establish an individual's eligibility for the services	2120
of the county board of mental retardation and developmental	2121
disabilities;	2122

(2) Assess individual needs for services;

2123

(3) Develop individual service plans with the active	2124
participation of the individual to be served, other persons	2125
selected by the individual, and, when applicable, the provider	2126
selected by the individual, and recommend the plans for approval	2127
by the department of mental retardation and developmental	2128
disabilities when services included in the plans are funded	2129
through medicaid;	2130

(4) Establish budgets for services based on the individual's	2131
assessed needs and preferred ways of meeting those needs;	2132

(5) Assist individuals in making selections from among the	2133
providers they have chosen;	2134

(6) Ensure that services are effectively coordinated and	2135
provided by appropriate providers;	2136

(7) Establish and implement an ongoing system of monitoring	2137
the implementation of individual service plans to achieve	2138
consistent implementation and the desired outcomes for the	2139
individual;	2140

(8) Perform quality assurance reviews as a distinct function	2141
of service and support administration;	2142

(9) Incorporate the results of quality assurance reviews and	2143
identified trends and patterns of unusual incidents and major	2144
unusual incidents into amendments of an individual's service plan	2145
for the purpose of improving and enhancing the quality and	2146
appropriateness of services rendered to the individual;	2147

(10) Ensure that each individual receiving services has a	2148
designated person who is responsible on a continuing basis for	2149
providing the individual with representation, advocacy, advice,	2150
and assistance related to the day-to-day coordination of services	2151
in accordance with the individual's service plan. The service and	2152
support administrator shall give the individual receiving services	2153
an opportunity to designate the person to provide daily	2154
representation. If the individual declines to make a designation,	2155
the administrator shall make the designation. In either case, the	2156
individual receiving services may change at any time the person	2157
designated to provide daily representation.	2158

(C) Subject to available funds, the department of mental	2159
retardation and developmental disabilities shall pay a county	2160
board an annual subsidy for service and support administration.	2161
The amount of the subsidy shall be equal to the greater of twenty	2162
thousand dollars or two hundred dollars times the board's	2163
certified average daily membership. The payments shall be made in	2164
semiannual installments, which shall be made no later than the	2165
thirty-first day of August and the thirty-first day of January.	2166
Funds received shall be used solely for service and support	2167
administration.	2168

Sec. 5126.17.  (A)(1) Annually, onOn the request of the	2169
director of mental retardation and developmental disabilities, the	2170
tax commissioner shall provide to the department of mental	2171
retardation and developmental disabilities information specifying	2172
each county's taxable value.	2173

(2) On request of the director, each county auditor shall	2174
submit a certified report to the department specifying the	2175
county's taxes and the aggregate rate of tax authorized to be	2176
levied by the board of county commissioners pursuant to division	2177
(L) of section 5705.19 and section 5705.222 of the Revised Code or	2178
the aggregate rate of tax authorized pursuant to that division and	2179
that section and certified to the county auditor under section	2180
319.30 of the Revised Code. Tax information submitted by the	2181
county auditor shall be obtained from the most recent tax year for	2182
which the information is available.	2183

(3) The director may request any other tax information	2184
necessary for purposes of sections 5126.16 to 5126.18 of the	2185
Revised Code.	2186

(B) Using the information obtained under this section and	2187
each board's enrollment, the department shall annually determine,	2188
for fiscal year 2004 and each fiscal year thereafter, the	2189
hypothetical statewide average revenue per enrollee and, for each	2190
county board, the hypothetical local revenue per enrollee. This	2191
division applies only in those years in which the director	2192
determines that the department will implement section 5126.18 of	2193
the Revised Code.	2194

Sec. 5126.18.  (A) TheFor fiscal year 2004 and each fiscal	2195
year thereafter, the department of mental retardation and	2196
developmental disabilities shall pay to each county board of	2197
mental retardation and developmental disabilities whose	2198
hypothetical local revenue per enrollee is less than the	2199
hypothetical statewide average revenue per enrollee the amount	2200
computed under division (B) of this section. Payments shall be	2201
made on or before the thirtieth day of September.	2202

(B) Except as provided in division (C) of this section, the	2203
amount to be paid to a county board shall be equal to the	2204
following:	2205

(1) If the county board's effective tax rate is equal to or	2206
greater than one mill, the product obtained by multiplying the	2207
following two quantities:	2208

(a) The amount by which the hypothetical statewide average	2209
revenue per enrollee exceeds the county board's hypothetical local	2210
revenue per enrollee;	2211

(b) The county board's infant and adult enrollment.

2212

(2) If the county board's effective tax rate is less than	2213
one mill, the product obtained by multiplying the following three	2214
quantities:	2215

(a) The amount by which the hypothetical statewide average	2216
revenue per enrollee exceeds the county board's hypothetical local	2217
revenue per enrollee;	2218

(b) The county board's infant and adult enrollment;

2219

(c) The quotient obtained by dividing the county board's	2220
effective tax rate by one mill.	2221

(C)(1) For each individual who is enrolled in active	2222
treatment under the community alternative funding system as	2223
defined in section 5126.12 of the Revised Code, the department may	2224
reduce the portion of the payment made under this section for that	2225
individual by fifty per cent or less.	2226

(2) If, in any year, an appropriation by the general	2227
assembly to the department for purposes of this section is less	2228
than the total amount required to make, in full, the payments as	2229
determined under and authorized by this section, the department	2230
shall pay each county board the same percentage of the board's	2231
payment as determined under this section without regard to this	2232
division that the amount of the appropriation available for	2233
purposes of this section is of the total amount of payments as	2234
determined under this section without regard to this division.	2235

(3) Payments made to a county board pursuant to this section	2236
shall not exceed thirty per cent of the payments made to that	2237
board pursuant to section 5126.12 of the Revised Code.	2238

(D) Payments made under this section are supplemental to all	2239
other state or federal funds for which county boards are eligible	2240
and shall be made from funds appropriated for purposes of this	2241
section. A county board shall use the payments solely to pay	2242
the nonfederal share of medicaid expenditures that division (A) of	2243
section 5126.0565126.057 of the Revised Code requires the county	2244
board to pay.	2245

(E) Each county board that receives a payment under this	2246
section shall, for each year it receives a payment, certify to the	2247
department that it will make a good faith effort to obtain	2248
revenues, including federal funds, for services to individuals	2249
included in its infant and adult enrollment.	2250

Sec. 5126.19.  (A) The director of mental retardation and	2251
developmental disabilities may grant temporary funding from the	2252
community mental retardation and developmental disabilities trust	2253
fund based on allocations to a county boardboards of mental	2254
retardation and developmental disabilities. With the consent of	2255
the county board, theThe director may distribute all or part of	2256
the funding directly to a county board, the persons who provide	2257
the services for which the funding is granted, or persons with	2258
mental retardation or developmental disabilities who are to	2259
receive those services.	2260

(B) Funding granted under this section shall be granted	2261
according to the availability of moneys in the fund and priorities	2262
established by the director. Funding may be granted for any of	2263
the following purposes:	2264

(1) Behavioral or short-term interventions for persons with	2265
mental retardation or developmental disabilities that assist them	2266
in remaining in the community by preventing institutionalization;	2267

(2) Emergency respite care services, as defined in section	2268
5126.11 of the Revised Code;	2269

(3) Family support services provided under section 5126.11	2270
of the Revised Code;	2271

(4) Supported living, as defined in section 5126.01 of the	2272
Revised Code;	2273

(5) Staff training for county board employees, employees of	2274
providers of residential services as defined in section 5126.01 of	2275
the Revised Code, and other personnel under contract with a county	2276
board, to provide the staff with necessary training in serving	2277
mentally retarded or developmentally disabled persons in the	2278
community;	2279

(6) Short-term provision of early childhood services	2280
provided under section 5126.05, adult services provided under	2281
sections 5126.05 and 5126.051, and service and support	2282
administration provided under section 5126.15 of the Revised Code,	2283
when local moneys are insufficient to meet the need for such	2284
services due to the successive failure within a two-year period of	2285
three or more proposed levies for the services;	2286

(7) Contracts with providers of residential services to	2287
maintain persons with mental retardation and developmental	2288
disabilities in their programs and avoid institutionalization.	2289

(C) If the trust fund contains more than ten million dollars	2290
on the first day of July the director shall use one million	2291
dollars for payments under section 5126.12 of the Revised Code,	2292
one million dollars for payments under section 5126.18 of the	2293
Revised Code, and two million dollars for payments under section	2294
5126.44 of the Revised Code. Distributions of funds under this	2295
division shall be made prior to August 31 of the state fiscal year	2296
in which the funds are available. The funds shall be distributed	2297
allocated to a county board in an amount equal to the same	2298
percentage of the total amount distributed for the services that	2299
allocated to the county board received in the immediately	2300
preceding state fiscal year.	2301

Sec. 5126.221.  Each county board of mental retardation and	2302
developmental disabilities shall employ at least one investigative	2303
agent or contract with a person or government entity, including	2304
another county board of mental retardation and developmental	2305
disabilities or a regional council established under section	2306
5126.13 of the Revised Code, for the services of an investigative	2307
agent. Neither a county board nor a person or government entity	2308
with which a county board contracts for the services of an	2309
investigative agent shall assign any duties to an investigative	2310
agent other than conducting investigations under section 5126.313	2311
of the Revised Code.	2312

All investigative agents shall be trained in civil and	2313
criminal investigatory practices and. The person responsible for	2314
supervising the work of the investigative agents shall report	2315
directly to a county board's superintendent regarding the	2316
investigative agents. No	2317

No investigative agent shall do anything that interferes with	2318
the investigative agent's objectivity in conducting investigations	2319
under section 5126.313 of the Revised Code.	2320

Sec. 5126.357.  (A) As used in this section:

2321

(1) "In-home care" means the supportive services provided	2322
within the home of an individual who receives funding for the	2323
services as a county board client, including any client who	2324
receives residential services funded through home orand	2325
community-based services, family support services provided under	2326
section 5126.11 of the Revised Code, or supported living provided	2327
in accordance with sections 5126.41 to 5126.47 of the Revised	2328
Code. "In-home care" includes care that is provided outside a	2329
client's home in places incidental to the home, and while	2330
traveling to places incidental to the home, except that "in-home	2331
care" does not include care provided in the facilities of a county	2332
board of mental retardation and developmental disabilities or care	2333
provided in schools.	2334

(2) "Parent" means either parent of a child, including an	2335
adoptive parent but not a foster parent.	2336

(3) "Unlicensed in-home care worker" means an individual who	2337
provides in-home care but is not a health care professional. A	2338
county board worker may be an unlicensed in-home care worker.	2339

(4) "Family member" means a parent, sibling, spouse, son,	2340
daughter, grandparent, aunt, uncle, cousin, or guardian of the	2341
individual with mental retardation or a developmental disability	2342
if the individual with mental retardation or developmental	2343
disabilities lives with the person and is dependent on the person	2344
to the extent that, if the supports were withdrawn, another living	2345
arrangement would have to be found.	2346

(B) Except as provided in division (D) of this section, a	2347
family member of an individual with mental retardation or a	2348
developmental disability may authorize an unlicensed in-home care	2349
worker to give or apply prescribed medication or perform other	2350
health care tasks as part of the in-home care provided to the	2351
individual, if the family member is the primary supervisor of the	2352
care and the unlicensed in-home care worker has been selected by	2353
the family member and is under the direct supervision of the	2354
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	2355
Revised Code do not apply to the in-home care authorized by a	2356
family member under this section. Instead, a family member shall	2357
obtain a prescription, if applicable, and written instructions	2358
from a health care professional for the care to be provided to the	2359
individual. The family member shall authorize the unlicensed	2360
in-home care worker to provide the care by preparing a written	2361
document granting the authority. The family member shall provide	2362
the unlicensed in-home care worker with appropriate training and	2363
written instructions in accordance with the instructions obtained	2364
from the health care professional.	2365

(C) A family member who authorizes an unlicensed in-home	2366
care worker to give or apply prescribed medication or perform	2367
other health care tasks retains full responsibility for the health	2368
and safety of the individual receiving the care and for ensuring	2369
that the worker provides the care appropriately and safely. No	2370
entity that funds or monitors the provision of in-home care may be	2371
held liable for the results of the care provided under this	2372
section by an unlicensed in-home care worker, including such	2373
entities as the county board of mental retardation and	2374
developmental disabilities, any other entity that employs an	2375
unlicensed in-home care worker, and the department of mental	2376
retardation and developmental disabilities.	2377

An unlicensed in-home care worker who is authorized under	2378
this section by a family member to provide care to an individual	2379
may not be held liable for any injury caused in providing the	2380
care, unless the worker provides the care in a manner that is not	2381
in accordance with the training and instructions received or the	2382
worker acts in a manner that constitutes wanton or reckless	2383
misconduct.	2384

(D) A county board of mental retardation and developmental	2385
disabilities may evaluate the authority granted by a family member	2386
under this section to an unlicensed in-home care worker at any	2387
time it considers necessary and shall evaluate the authority on	2388
receipt of a complaint. If the board determines that a family	2389
member has acted in a manner that is inappropriate for the health	2390
and safety of the individual receiving the services, the	2391
authorization granted by the family member to an unlicensed	2392
in-home care worker is void, and the family member may not	2393
authorize other unlicensed in-home care workers to provide the	2394
care. In making such a determination, the board shall use	2395
appropriately licensed health care professionals and shall provide	2396
the family member an opportunity to file a complaint under section	2397
5126.06 of the Revised Code.	2398

Sec. 5705.44.  When contracts or leases run beyond the	2399
termination of the fiscal year in which they are made, the fiscal	2400
officer of the taxing authority shall make a certification for the	2401
amount required to meet the obligation of such contract or lease	2402
maturing in such fiscal year. The amount of the obligation under	2403
such contract or lease remaining unfulfilled at the end of a	2404
fiscal year, and which will become payable during the next fiscal	2405
year, shall be included in the annual appropriation measure for	2406
the next year as a fixed charge.	2407

The certificate required by section 5705.41 of the Revised	2408
Code as to money in the treasury shall not be required for	2409
contracts on which payments are to be made from the earnings of a	2410
publicly operated water works or public utility, but in the case	2411
of any such contract made without such certification, no payment	2412
shall be made on account thereof, and no claim or demand thereon	2413
shall be recoverable, except out of such earnings. That	2414
certificate also shall not be required if requiring the	2415
certificate makes it impossible for a county board of mental	2416
retardation and developmental disabilities to pay the nonfederal	2417
share of medicaid expenditures that the county board is required	2418
by division (A) of section 5126.0565126.057 of the Revised Code	2419
to pay.	2420

Section 2. That existing sections 5111.872, 5123.046,	2421
5123.048, 5123.049, 5123.0411, 5126.01, 5126.02, 5126.021,	2422
5126.022, 5126.033, 5126.035, 5126.036, 5126.042, 5126.046,	2423
5126.05, 5126.054, 5126.055, 5126.056, 5126.06, 5126.14, 5126.15,	2424
5126.17, 5126.18, 5126.19, 5126.221, 5126.357, and 5705.44 of the	2425
Revised Code are hereby repealed.	2426

Section 3. On the recommendation of the Director of Mental	2427
Retardation and Developmental Disabilities, the Director of Job	2428
and Family Services may seek one or more Medicaid waivers pursuant	2429
to section 5111.87 of the Revised Code including a waiver under	2430
which home and community-based services are provided in the form	2431
of family support services programs established by county boards	2432
of mental retardation and developmental disabilities under section	2433
5126.11 of the Revised Code. Notwithstanding division (A) of	2434
section 5111.873 of the Revised Code, the Director of Job and	2435
Family Services is not required to adopt rules under that section	2436
by the effective date of the waiver under which home and	2437
community-based services are provided in the form of family	2438
support services programs.	2439

Section 4. (A) As used in this section:

2440

(1) "Taxable value" with respect to a county board of mental	2441
retardation and developmental disabilities means the total taxable	2442
value of real and public utility property and tangible personal	2443
property in the county served by that board as shown on the county	2444
auditor's tax lists.	2445

(2) "Adult services enrollment" means a county board of	2446
mental retardation and developmental disabilities' average daily	2447
membership of individuals twenty-two years of age or older in	2448
adult services, community employment services, and supported	2449
employment services, exclusive of individuals who are served	2450
solely through service and support administration provided	2451
pursuant to section 5126.15 of the Revised Code or family support	2452
services provided pursuant to section 5126.11 of the Revised Code.	2453

(3) "Local tax capacity per adult services enrollee" of a	2454
county board of mental retardation and developmental disabilities	2455
means one mill per dollar of taxable value multiplied by the	2456
quotient obtained by dividing the county board's taxable value by	2457
the county board's adult services enrollment.	2458

(4) "State average tax capacity per adult services enrollee"	2459
means one mill per dollar of taxable value multiplied by the	2460
quotient obtained by dividing the sum of all county boards of	2461
mental retardation and developmental disabilities' taxable value	2462
by the sum of all county boards' adult services enrollment.	2463

(B) On the request of the Director of Mental Retardation and	2464
Developmental Disabilities, the Tax Commissioner shall provide to	2465
the Director information specifying each county's taxable value.	2466

Using the information provided by the Tax Commissioner and	2467
each county board of mental retardation and developmental	2468
disabilities' adult services enrollment, the Director shall	2469
determine, for fiscal years 2002 and 2003, the state average tax	2470
capacity per adult services enrollee and, for each county board,	2471
the local tax capacity per adult services enrollee.	2472

(C) Subject to division (D) of this section and for fiscal	2473
years 2002 and 2003, the Director shall pay each county board	2474
having a local tax capacity per adult services enrollee less than	2475
the state average tax capacity per adult services enrollee a sum	2476
equal to the product obtained by multiplying the following	2477
quantities:	2478

(1) The amount by which the state average tax capacity per	2479
adult services enrollee exceeds the county board's local tax	2480
capacity per adult services enrollee;	2481

(2) The county board's adult services enrollment.

2482

(D) The total amount that the Director shall pay to all	2483
county boards under division (C) of this section shall not exceed	2484
$6,500,000 for fiscal year 2002 and $13,000,000 for fiscal year	2485
2003. If, under the formula created by division (C) of this	2486
section, the total payments under that division would exceed these	2487
caps, the Director shall prorate payments to the county boards	2488
based on the caps.	2489

(E) For fiscal year 2002, the Director shall make the	2490
payments under division (C) of this section not later than	2491
December 31, 2001. For fiscal year 2003, the Director shall make	2492
the payments not later than August 31, 2002.	2493

(F) A county board that receives a payment under division	2494
(C) of this section shall do both of the following:	2495

(1) Use the payment solely to develop and implement	2496
habilitation center services, home and community-based services,	2497
and Medicaid case management services for individuals included in	2498
the county board's adult services enrollment so that the services	2499
are comparable to such services available in counties served by a	2500
county board having a local tax capacity per adult services	2501
enrollee equal to or greater than the state average tax capacity	2502
per adult services enrollee;	2503

(2) Certify to the director, for each year it receives a	2504
payment, that it will make a good faith effort to obtain revenues,	2505
including federal funds, for services to individuals included in	2506
its adult services enrollment.	2507

Section 5. That Section 75.02 of Am. Sub. H.B. 94 of the	2508
124th General Assembly be amended to read as follows:	2509

"       Sec. 75.02.  COMMUNITY SERVICES

2510

General Revenue Fund

2511

General Services Fund Group

2519

Federal Special Revenue Fund Group

2528

State Special Revenue Fund Group

2543

RESIDENTIAL AND SUPPORT SERVICES

2550

The foregoing appropriation item 322-413, Residential and	2551
Support Services, shall be used for any of the following:	2552

(A) Home and community-based waiver services pursuant to	2553
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	2554
U.S.C. 301, as amended;	2555

(B) Services contracted by county boards of mental	2556
retardation and developmental disabilities;	2557

(C) Supported living services contracted by county boards of	2558
mental retardation and developmental disabilities in accordance	2559
with sections 5126.40 to 5126.47 of the Revised Code;	2560

(D) Sermak Class Services used to implement the requirements	2561
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	2562
United States District Court for the Southern District of Ohio,	2563
Eastern Division;	2564

(E) Other Medicaid-reimbursed programs, in an amount not to	2565
exceed $1,000,000 in each fiscal year, that enable persons with	2566
mental retardation and developmental disabilities to live in the	2567
community.	2568

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	2569
the Department of Mental Retardation and Developmental	2570
Disabilities may develop residential and support service programs	2571
that enable persons with mental retardation and developmental	2572
disabilities to live in the community. Notwithstanding Chapter	2573
5121. and section 5123.122 of the Revised Code, the department may	2574
waive the support collection requirements of those statutes for	2575
persons in community programs developed by the department under	2576
this section. The department shall adopt rules under Chapter 119.	2577
of the Revised Code or may use existing rules for the	2578
implementation of these programs.	2579

The Department of Mental Retardation and Developmental	2580
Disabilities may designate a portion of appropriation item	2581
332-413, Residential and Support Services, to county boards of	2582
mental retardation and developmental disabilities that have	2583
greater need for various residential and support services due to a	2584
low percentage of residential and support services development in	2585
comparison to the number of individuals with mental retardation or	2586
developmental disabilities in the county.	2587

Not later than 30 days after the effective date of this	2588
section, the Director of Budget and Management shall transfer up	2589
to $5,000,000 from appropriation item 322-413, Residential and	2590
Support Services, to appropriation item 322-501, County Boards	2591
Subsidies. The total amount that is transferred from appropriation	2592
item 322-413 to appropriation item 322-501 shall be used for the	2593
tax equalization program created under sections 5126.16 to 5126.18	2594
of the Revised Code and is subject to all statutes and rules	2595
established for the tax equalization programSection 4 of this	2596
act.	2597

Not later than July 30, 2002, the Director of Budget and	2598
Management shall transfer up to $11,500,000 from appropriation	2599
item 322-413, Residential and Support Services, to appropriation	2600
item 322-501, County Boards Subsidies. The total amount that is	2601
transferred from appropriation item 322-413 to appropriation item	2602
322-501 shall be used for the tax equalization program created	2603
under sections 5126.16 to 5126.18 of the Revised Code and is	2604
subject to all statutes and rules established for the tax	2605
equalization programSection 4 of this act.	2606

Of the foregoing appropriation item 322-413, Residential and	2607
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	2608
fiscal year 2003 shall be distributed by the Department to county	2609
boards of mental retardation and developmental disabilities to	2610
support existing residential facilities waiver and individual	2611
options waiver related Medicaid activities provided for in the	2612
component of a county board's plan developed under division (A)(2)	2613
of section 5126.054 of the Revised Code and approved under section	2614
5123.046 of the Revised Code. Up to $3,000,000 of these funds in	2615
each fiscal year may be used to implement day-to-day program	2616
management services under division (A)(2) of section 5126.054 of	2617
the Revised Code. Up to $4,200,000 in each fiscal year may be used	2618
to implement the program and health and welfare requirements of	2619
division (A)(2) of section 5126.054 of the Revised Code.	2620

In fiscal years 2002 and 2003, not less than $2,500,000 and	2621
$2,650,000, respectively, of these funds shall be used to recruit	2622
and retain, under division (A)(2) of section 5126.054 of the	2623
Revised Code, the direct care staff necessary to implement the	2624
services included in an individualized service plan in a manner	2625
that ensures the health and welfare of the individuals being	2626
served.	2627

FAMILY SUPPORT SERVICES

2628

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	2629
5126.11 of the Revised Code, the Department of Mental Retardation	2630
and Developmental Disabilities may implement programs funded by	2631
appropriation item 322-451, Family Support Services, to provide	2632
assistance to persons with mental retardation or developmental	2633
disabilities and their families who are living in the community.	2634
The department shall adopt rules to implement these programs.	2635

CASE MANAGEMENT

2636

The foregoing appropriation item 322-452, Case Management,	2637
shall be allocated to county boards of mental retardation and	2638
developmental disabilities for the purpose of providing case	2639
management services and to assist in bringing state funding for	2640
all department-approved case managers within county boards of	2641
mental retardation and developmental disabilities to the level	2642
authorized in division (C) of section 5126.15 of the Revised Code.	2643
The department may request approval from the Controlling Board to	2644
transfer any unobligated appropriation authority from other state	2645
General Revenue Fund appropriation items within the department's	2646
budget to appropriation item 322-452, Case Management, to be used	2647
to meet the statutory funding level in division (C) of section	2648
5126.15 of the Revised Code.	2649

Notwithstanding division (C) of section 5126.15 of the	2650
Revised Code and subject to funding in appropriation item 322-452,	2651
Case Management, no county may receive less than its allocation in	2652
fiscal year 1995.	2653

STATE SUBSIDIES TO MR/DD BOARDS

2654

Of the foregoing appropriation item 322-501, County Boards	2655
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	2656
fiscal year 2003 shall be used to fund the tax equalization	2657
program created under sections 5126.16 to 5126.18 of the Revised	2658
Code for county boards of mental retardation and developmental	2659
disabilitiesSection 4 of this act. The tax equalization program	2660
shall utilize the average daily membership of adults 22 years of	2661
age and older in habilitation, vocational, and community	2662
employment services only for the yield on 1/2 mills.	2663

After funding the tax equalization program, the Department of	2664
Mental Retardation and Developmental Disabilities shall distribute	2665
the remaining appropriation authority in appropriation item	2666
322-501, County Boards Subsidies, to county boards of mental	2667
retardation and developmental disabilities for subsidies	2668
distributed pursuant to section 5126.12 of the Revised Code to the	2669
limit of the lesser of the amount required by that section or the	2670
remaining balance of the appropriation authority in appropriation	2671
item 322-501 prorated to all county boards of mental retardation	2672
and developmental disabilities.	2673

INTERSYSTEM SERVICES FOR CHILDREN

2674

The foregoing appropriation item 322-645, Intersystem	2675
Services for Children, shall be used to support direct grants to	2676
county family and children first councils created under section	2677
121.37 of the Revised Code. The funds shall be used as partial	2678
support payment and reimbursement for locally coordinated	2679
treatment plans for multi-needs children that come to the	2680
attention of the Family and Children First Cabinet Council	2681
pursuant to section 121.37 of the Revised Code. The Department of	2682
Mental Retardation and Developmental Disabilities may use up to	2683
five per cent of this amount for administrative expenses	2684
associated with the distribution of funds to the county councils.	2685

WAIVER - MATCH

2686

The foregoing appropriation item 322-604, Waiver-Match (Fund	2687
4K8), shall be used as state matching funds for the home and	2688
community-based waivers.	2689

The Department of Job and Family Services may enter into an	2690
interagency agreement with the Department of Mental Retardation	2691
and Developmental Disabilities providing for the Department of	2692
Mental Retardation and Developmental Disabilities to operate the	2693
program."	2694

Section 6. That existing Section 75.02 of Am. Sub. H.B. 94 of	2695
the 124th General Assembly is hereby repealed.	2696

Section 7. An individual serving on a county board of mental	2697
retardation and developmental disabilities on the effective date	2698
of the amendment by this act to section 5126.021 of the Revised	2699
Code who would otherwise be ineligible to continue to serve on the	2700
county board because of the amendment may continue to serve on the	2701
county board and be re-appointed to the county board	2702
notwithstanding the amendment.	2703

Section 8. This act is hereby declared to be an emergency	2704
measure necessary for the immediate preservation of the public	2705
peace, health, and safety. The reason for such necessity is that	2706
county boards of mental retardation and developmental disabilities	2707
are required to submit the final component of their three-year	2708
plans for Medicaid-funded services for individuals with mental	2709
retardation or other developmental disability not later than	2710
November 1, 2001, and this act delays the submission due date to	2711
July 1, 2002. Therefore, this act shall go into immediate effect.	2712