As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. S. B. No. 87

Senators Wachtmann, Hagan, Gardner, Mumper, Clancy, Amstutz, Austria, Carey, Niehaus, Padgett, Schuring, Jordan, Harris, Zurz, Schuler, Armbruster, Brady, Cates, Coughlin, Dann, Fedor, Fingerhut, Goodman, Grendell, Hottinger, Jacobson, Mallory, Miller, Prentiss, Roberts, Spada, Wilson 

Representatives Raussen, Barrett, Beatty, Brown, Martin, Smith, G., Combs, Smith, S., Schneider, Mason, Allen, Blessing, Buehrer, Cassell, Collier, DeBose, DeGeeter, Distel, Domenick, Evans, C., Fende, Flowers, Garrison, Gilb, Hagan, Harwood, Healy, Hoops, Hughes, Key, Koziura, Latta, Otterman, Patton, T., Reidelbach, Sayre, Seitz, Setzer, Stewart, D., Ujvagi, Wagoner, Webster, Willamowski, Yuko 

---

A BILL

To amend sections 3721.011, 3721.04, 4766.09,

1

4766.14, 5111.971, 5126.15, and 5126.20 and to

2

enact section 5126.201 of the Revised Code and to

3

amend Section 206.66.53 of Am. Sub. H.B. 66 of the

4

126th General Assembly regarding the provision of

5

hospice care in residential care facilities and

6

the addition of four legislators as non-voting

7

members of the Medicaid Administrative Study

8

Council, regarding the Medicaid voucher pilot

9

program, to exempt certain entities from the

10

Medical Transportation Law, to establish minimum

11

requirements to be a conditional status service

12

and support administrator, and to make a change

13

regarding who can supervise conditional status

14

service and support administrators.

15

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

Section 1. That sections 3721.011, 3721.04, 4766.09, 4766.14,	16
5111.971, 5126.15, and 5126.20 be amended and section 5126.201 of	17
the Revised Code be enacted to read as follows:	18

Sec. 3721.011.  (A) In addition to providing accommodations,	19
supervision, and personal care services to its residents, a	20
residential care facility may provide skilled nursing care to its	21
residents as follows:	22

(1) Supervision of special diets;

23

(2) Application of dressings, in accordance with rules	24
adopted under section 3721.04 of the Revised Code;	25

(3) Providing for theSubject to division (B)(1) of this	26
section, administration of medication to residents, to the extent	27
authorized under division (B)(1) of this section;	28

(4) OtherSubject to division (C) of this section, other	29
skilled nursing care provided on a part-time, intermittent basis	30
pursuant to division (C) of this sectionfor not more than a total	31
of one hundred twenty days in a twelve-month period;	32

(5) Subject to division (D) of this section, skilled nursing	33
care provided for more than one hundred twenty days in a	34
twelve-month period to a hospice patient, as defined in section	35
3712.01 of the Revised Code.	36

A residential care facility may not admit or retain an	37
individual requiring skilled nursing care that is not authorized	38
by this section. A residential care facility may not provide	39
skilled nursing care beyond the limits established by this	40
section.	41

(B)(1) A residential care facility may admit or retain an	42
individual requiring medication, including biologicals, only if	43
the individual's personal physician has determined in writing that	44
the individual is capable of self-administering the medication or	45
the facility provides for the medication to be administered to the	46
individual by a home health agency certified under Title XVIII of	47
the "Social Security Act," 4979 Stat. 620 (19351965), 42	48
U.S.C.A. 3011395, as amended; a hospice care program licensed	49
under Chapter 3712. of the Revised Code; or a member of the staff	50
of the residential care facility who is qualified to perform	51
medication administration. Medication may be administered in a	52
residential care facility only by the following persons authorized	53
by law to administer medication:	54

(a) A registered nurse licensed under Chapter 4723. of the	55
Revised Code;	56

(b) A licensed practical nurse licensed under Chapter 4723.	57
of the Revised Code who holds proof of successful completion of a	58
course in medication administration approved by the board of	59
nursing and who administers the medication only at the direction	60
of a registered nurse or a physician authorized under Chapter	61
4731. of the Revised Code to practice medicine and surgery or	62
osteopathic medicine and surgery;	63

(c) A medication aide certified under Chapter 4723. of the	64
Revised Code;	65

(d) A physician authorized under Chapter 4731. of the Revised	66
Code to practice medicine and surgery or osteopathic medicine and	67
surgery.	68

(2) In assisting a resident with self-administration of	69
medication, any member of the staff of a residential care facility	70
may do the following:	71

(a) Remind a resident when to take medication and watch to	72
ensure that the resident follows the directions on the container;	73

(b) Assist a resident by taking the medication from the	74
locked area where it is stored, in accordance with rules adopted	75
pursuant to section 3721.04 of the Revised Code, and handing it to	76
the resident. If the resident is physically unable to open the	77
container, a staff member may open the container for the resident.	78

(c) Assist a physically impaired but mentally alert resident,	79
such as a resident with arthritis, cerebral palsy, or Parkinson's	80
disease, in removing oral or topical medication from containers	81
and in consuming or applying the medication, upon request by or	82
with the consent of the resident. If a resident is physically	83
unable to place a dose of medicine to the resident's mouth without	84
spilling it, a staff member may place the dose in a container and	85
place the container to the mouth of the resident.	86

(C) A residential care facility may admit or retain	87
individuals who require skilled nursing care beyond the	88
supervision of special diets, application of dressings, or	89
administration of medication, only if the care will be provided on	90
a part-time, intermittent basis for not more than a total of one	91
hundred twenty days in any twelve-month period. In accordance with	92
Chapter 119. of the Revised Code, the public health council shall	93
adopt rules specifying what constitutes the need for skilled	94
nursing care on a part-time, intermittent basis. The council shall	95
adopt rules that are consistent with rules pertaining to home	96
health care adopted by the director of job and family services for	97
the medical assistance program established under Chapter 5111. of	98
the Revised Code. Skilled nursing care provided pursuant to this	99
division may be provided by a home health agency certified under	100
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	101
U.S.C.A. 301, as amended, a hospice care program licensed under	102
Chapter 3712. of the Revised Code, or a member of the staff of a	103
residential care facility who is qualified to perform skilled	104
nursing care.	105

A residential care facility that provides skilled nursing	106
care pursuant to this division shall do both of the following:	107

(1) Evaluate each resident receiving the skilled nursing care	108
at least once every seven days to determine whether the resident	109
should be transferred to a nursing home;	110

(2) Meet the skilled nursing care needs of each resident	111
receiving the care.	112

(D) A residential care facility may admit or retain a hospice	113
patient who requires skilled nursing care for more than one	114
hundred twenty days in any twelve-month period only if the	115
facility has entered into a written agreement with a hospice care	116
program licensed under Chapter 3712. of the Revised Code. The	117
agreement between the residential care facility and hospice	118
program shall include all of the following provisions:	119

(1) That the hospice patient will be provided skilled nursing	120
care in the facility only if a determination has been made that	121
the patient's needs can be met at the facility;	122

(2) That the hospice patient will be retained in the facility	123
only if periodic redeterminations are made that the patient's	124
needs are being met at the facility;	125

(3) That the redeterminations will be made according to a	126
schedule specified in the agreement;	127

(4) That the hospice patient has been given an opportunity to	128
choose the hospice care program that best meets the patient's	129
needs.	130

(E) Notwithstanding any other provision of this chapter, a	131
residential care facility in which residents receive skilled	132
nursing care pursuant to this section is not a nursing home.	133

Sec. 3721.04.  (A) The public health council shall adopt and	134
publish rules governing the operation of homes, which shall have	135
uniform application throughout the state, and shall prescribe	136
standards for homes with respect to, but not limited to, the	137
following matters:	138

(1) The minimum space requirements for occupants and	139
equipping of the buildings in which homes are housed so as to	140
ensure healthful, safe, sanitary, and comfortable conditions for	141
all residents, so long as they are not inconsistent with Chapters	142
3781. and 3791. of the Revised Code or with any rules adopted by	143
the board of building standards and by the state fire marshal;	144

(2) The number and qualifications of personnel, including	145
management and nursing staff, for each class of home, and the	146
qualifications of nurse aides, as defined in section 3721.21 of	147
the Revised Code, used by long-term care facilities, as defined in	148
that section;	149

(3) The medical, rehabilitative, and recreational services to	150
be provided by each class of home;	151

(4) Dietetic services, including but not limited to	152
sanitation, nutritional adequacy, and palatability of food;	153

(5) The personal and social services to be provided by each	154
class of home;	155

(6) The business and accounting practices to be followed and	156
the type of patient and business records to be kept by such homes;	157

(7) The operation of adult day-care programs provided by and	158
on the same site as homes licensed under this chapter;	159

(8) The standards and procedures to be followed by	160
residential care facilities in admitting and retaining a resident	161
who requires the application of dressings, including requirements	162
for charting and evaluating on a weekly basis;	163

(9) The requirements for conducting weekly evaluations of	164
residents receiving skilled nursing care in residential care	165
facilities.	166

(B) The public health council may adopt whatever additional	167
rules are necessary to carry out or enforce the provisions of	168
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	169

(C) The following apply to the public health council when	170
adopting rules under division (A)(2) of this section regarding the	171
number and qualifications of personnel in homes:	172

(1) When adopting rules applicable to residential care	173
facilities, the public health council shall take into	174
consideration the effect that the provisionfollowing may have on	175
the number of personnel needed:	176

(a) Provision of personal care services and;

177

(b) Provision of part-time, intermittent skilled nursing care	178
pursuant to division (C) of section 3721.011 of the Revised Code	179
may have on the number of personnel needed;	180

(c) Provision of skilled nursing care to hospice patients	181
pursuant to division (D) of section 3721.011 of the Revised Code.	182

(2) The rules prescribing qualifications of nurse aides used	183
by long-term care facilities, as those terms are defined in	184
section 3721.21 of the Revised Code, shall be no less stringent	185
than the requirements, guidelines, and procedures established by	186
the United States secretary of health and human services under	187
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620	188
(1935), 42 U.S.C.A. 301, as amended.	189

Sec. 4766.09. (A) This chapter does not apply to any of the	190
following:	191

(1)(A) A person rendering services with an ambulance in the	192
event of a disaster situation when licensees' vehicles based in	193
the locality of the disaster situation are incapacitated or	194
insufficient in number to render the services needed;	195

(2)(B) Any person operating an ambulance, ambulette,	196
rotorcraft air ambulance, or fixed wing air ambulance outside this	197
state unless receiving a person within this state for transport to	198
a location within this state;	199

(3)(C) A publicly owned or operated emergency medical service	200
organization and the vehicles it owns or leases and operates,	201
except as provided in section 307.051, division (G) of section	202
307.055, division (F) of section 505.37, division (B) of section	203
505.375, and division (B)(3) of section 505.72 of the Revised	204
Code;	205

(4)(D) An ambulance, ambulette, rotorcraft air ambulance,	206
fixed wing air ambulance, or nontransport vehicle owned or leased	207
and operated by the federal government;	208

(5)(E) A publicly owned and operated fire department vehicle;

209

(6)(F) Emergency vehicles owned by a corporation and	210
operating only on the corporation's premises, for the sole use by	211
that corporation;	212

(7)(G) An ambulance, nontransport vehicle, or other emergency	213
medical service organization vehicle owned and operated by a	214
municipal corporation;	215

(8)(H) A motor vehicle titled in the name of a volunteer	216
rescue service organization, as defined in section 4503.172 of the	217
Revised Code;	218

(9)(I) A public emergency medical service organization;

219

(10)(J) A fire department, rescue squad, or life squad	220
comprised of volunteers who provide services without expectation	221
of remuneration and do not receive payment for services other than	222
reimbursement for expenses;	223

(11)(K) A private, nonprofit emergency medical service	224
organization when fifty per cent or more of its personnel are	225
volunteers, as defined in section 4765.01 of the Revised Code;	226

(12)(L) Emergency medical service personnel who are regulated	227
by the state board of emergency medical services under Chapter	228
4765. of the Revised Code;	229

(13) A(M) Any of the following that operates a transit bus,	230
as that term is defined in division (Q) of section 5735.01 of the	231
Revised Code, unless the entity provides ambulette services that	232
are reimbursed under the state medicaid plan:	233

(1) A public nonemergency medical service organization

234

(B) Except for the requirements specified in section 4766.14	235
of the Revised Code, this chapter does not apply to an ambulette	236
service provider operating under standards adopted by rule by the	237
department of aging, but only during the period of time on any day	238
that the provider is solely serving the department or the	239
department's designee. This chapter applies to an ambulette	240
service provider at any time that the ambulette service provider	241
is not solely serving the department or the department's designee;	242

(2) An urban or rural public transit system;

243

(3) A private nonprofit organization that receives grants	244
under section 5501.07 of the Revised Code.	245

(N) An entity or vehicle owned by an entity that is certified	246
by the department of aging or the department's designee under	247
section 173.391 of the Revised Code and meets the requirements of	248
section 4766.14 of the Revised Code, unless the entity or vehicle	249
provides ambulette services that are reimbursed under the state	250
medicaid plan;	251

(O) A vehicle that meets both of the following criteria,	252
unless the vehicle provides services that are reimbursed under the	253
state medicaid plan:	254

(1) The vehicle was purchased with funds from a grant made by	255
the United States secretary of transportation under 49 U.S.C.	256
5310;	257

(2) The department of transportation holds a lien on the	258
vehicle.	259

Sec. 4766.14.  (A) An ambulette service provider described in	260
division (B)(M) or (N) of section 4766.09 of the Revised Code or	261
the entity responsible for a vehicle described in division (O) of	262
section 4766.09 of the Revised Code that provides ambulette	263
services shall do all of the following:	264

(1) Make available to all its ambulette drivers while	265
operating ambulette vehicles a means of two-way communication	266
using either ambulette vehicle radios or cellular telephones;	267

(2) Equip every ambulette vehicle with one isolation and	268
biohazard disposal kit that is permanently installed or secured in	269
the vehicle's cabin;	270

(3) Before hiring an applicant for employment as an ambulette	271
driver, obtain all of the following:	272

(a) A valid copy of a signed statement from a licensed	273
physician acting within the scope of the physician's practice	274
declaring that the applicant does not have a medical condition or	275
physical condition, including vision impairment that cannot be	276
corrected, that could interfere with safe driving, passenger	277
assistance, and emergency treatment activity or could jeopardize	278
the health and welfare of a client or the general public;	279

(b) All of the certificates and results required under	280
divisions (A)(2), (3), and (4) of section 4766.15 of the Revised	281
Code.	282

(B) No ambulette service provider described in division	283
(B)(M) or the (N) of section 4766.09 of the Revised Code or entity	284
responsible for a vehicle described in division (O) of section	285
4766.09 of the Revised Code that provides ambulette services shall	286
employ an applicant as an ambulette driver if the applicant has	287
six or more points on the applicant's driving record pursuant to	288
section 4510.036 of the Revised Code.	289

(C) The(1) Except as provided in division (C)(2) of this	290
section, the department of aging shall administer and enforce this	291
section.	292

(2) The department of transportation shall administer and	293
enforce this section as it applies to entities described in	294
division (M) of section 4766.09 of the Revised Code.	295

Sec. 5111.971.  (A) As used in this section, "long-term care	296
medicaid waiver component" means any of the following:	297

(1) The PASSPORT program created under section 173.40 of the	298
Revised Code;	299

(2) The medicaid waiver component called the choices program	300
that the department of aging administers;	301

(3) A medicaid waiver component that the department of job	302
and family services administers.	303

(B) The director of job and family services shall submit a	304
request to the United States secretary of health and human	305
services for a waiver of federal medicaid requirements that would	306
be otherwise violated in the creation of a pilot program under	307
which not more than two hundred individuals who meet the pilot	308
program's eligibility requirements specified in division (D) of	309
this section receive a spending authorization to pay for the cost	310
of medically necessary health carehome and community-based	311
services that the pilot program covers. The spending authorization	312
shall be in an amount not exceeding seventy per cent of the	313
average cost under the medicaid program for providing nursing	314
facility services to an individual. An individual participating in	315
the pilot program shall also receive necessary support services,	316
including fiscal intermediary and other case management services,	317
that the pilot program covers.	318

(C) If the United States secretary of health and human	319
services approves the waiver submitted under division (B) of this	320
section, the department of job and family services shall enter	321
into a contract with the department of aging under section 5111.91	322
of the Revised Code that provides for the department of aging to	323
administer the pilot program that the waiver authorizes.	324

(D) To be eligible to participate in the pilot program	325
created under division (B) of this section, an individual must	326
meet all of the following requirements:	327

(1) Need an intermediate level of care as determined under	328
rule 5101:3-3-06 of the Administrative Code or a skilled level of	329
care as determined under rule 5101:3-3-05 of the Administrative	330
Code;	331

(2) At the time the individual applies to participate in the	332
pilot program, be one of the following:	333

(a) A nursing facility resident who is seeking to move to a	334
residential care facility or county or district home and who would	335
remain in a nursing facility if not for the pilot program;	336

(b) A participant of any long-term care medicaid waiver	337
component who would move to a nursing facility if not for the	338
pilot program.	339

(3) Meet all other eligibility requirements for the pilot	340
program established in rules adopted under section 5111.85 of the	341
Revised Code.	342

(E) The director of job and family services may adopt rules	343
under section 5111.85 of the Revised Code as the director	344
considers necessary to implement the pilot program created under	345
division (B) of this section. The director of aging may adopt	346
rules under Chapter 119. of the Revised Code as the director	347
considers necessary for the pilot program's implementation. The	348
rules may establish a list of medicaid-covered services not	349
covered by the pilot program that an individual participating in	350
the pilot program may not receive if the individual also receives	351
medicaid-covered services outside of the pilot program.	352

Sec. 5126.15.  (A) A county board of mental retardation and	353
developmental disabilities shall provide service and support	354
administration to each individual three years of age or older who	355
is eligible for service and support administration if the	356
individual requests, or a person on the individual's behalf	357
requests, service and support administration. A board shall	358
provide service and support administration to each individual	359
receiving home and community-based services. A board may provide,	360
in accordance with the service coordination requirements of 34	361
C.F.R. 303.23, service and support administration to an individual	362
under three years of age eligible for early intervention services	363
under 34 C.F.R. part 303. A board may provide service and support	364
administration to an individual who is not eligible for other	365
services of the board. Service and support administration shall be	366
provided in accordance with rules adopted under section 5126.08 of	367
the Revised Code.	368

A board may provide service and support administration by	369
directly employing service and support administrators or by	370
contracting with entities for the performance of service and	371
support administration. Individuals employed or under contract as	372
service and support administrators shall not be in the same	373
collective bargaining unit as employees who perform duties that	374
are not administrative.	375

Individuals employed by a board as service and support	376
administrators shall not be assigned responsibilities for	377
implementing other services for individuals and shall not be	378
employed by or serve in a decision-making or policy-making	379
capacity for any other entity that provides programs or services	380
to individuals with mental retardation or developmental	381
disabilities. An individual employed as a conditional status	382
service and support administrator shall perform the duties of	383
service and support administration only under the supervision of a	384
management employee who is a service and support administration	385
supervisor or a professional employee who is a service and support	386
administrator.	387

(B) The individuals employed by or under contract with a	388
board to provide service and support administration shall do all	389
of the following:	390

(1) Establish an individual's eligibility for the services of	391
the county board of mental retardation and developmental	392
disabilities;	393

(2) Assess individual needs for services;

394

(3) Develop individual service plans with the active	395
participation of the individual to be served, other persons	396
selected by the individual, and, when applicable, the provider	397
selected by the individual, and recommend the plans for approval	398
by the department of mental retardation and developmental	399
disabilities when services included in the plans are funded	400
through medicaid;	401

(4) Establish budgets for services based on the individual's	402
assessed needs and preferred ways of meeting those needs;	403

(5) Assist individuals in making selections from among the	404
providers they have chosen;	405

(6) Ensure that services are effectively coordinated and	406
provided by appropriate providers;	407

(7) Establish and implement an ongoing system of monitoring	408
the implementation of individual service plans to achieve	409
consistent implementation and the desired outcomes for the	410
individual;	411

(8) Perform quality assurance reviews as a distinct function	412
of service and support administration;	413

(9) Incorporate the results of quality assurance reviews and	414
identified trends and patterns of unusual incidents and major	415
unusual incidents into amendments of an individual's service plan	416
for the purpose of improving and enhancing the quality and	417
appropriateness of services rendered to the individual;	418

(10) Ensure that each individual receiving services has a	419
designated person who is responsible on a continuing basis for	420
providing the individual with representation, advocacy, advice,	421
and assistance related to the day-to-day coordination of services	422
in accordance with the individual's service plan. The service and	423
support administrator shall give the individual receiving services	424
an opportunity to designate the person to provide daily	425
representation. If the individual declines to make a designation,	426
the administrator shall make the designation. In either case, the	427
individual receiving services may change at any time the person	428
designated to provide daily representation.	429

(C) Subject to available funds, the department of mental	430
retardation and developmental disabilities shall pay a county	431
board an annual subsidy for service and support administration.	432
The amount of the subsidy shall be equal to the greater of twenty	433
thousand dollars or two hundred dollars times the board's	434
certified average daily membership. The payments shall be made in	435
quarterly installments of equal amounts, which shall be made no	436
later than the thirtieth day of September, the thirty-first day of	437
December, the thirty-first day of March, and the thirtieth day of	438
June. Funds received shall be used solely for service and support	439
administration.	440

Sec. 5126.20.  As used in this section and sections 5126.21	441
to 5126.29 of the Revised Code:	442

(A) "Service employee" means a person employed by a county	443
board of mental retardation and developmental disabilities in a	444
position which may require evidence of registration under section	445
5126.25 of the Revised Code but for which a bachelor's degree from	446
an accredited college or university is not required, and includes	447
employees in the positions listed in division (C) of section	448
5126.22 of the Revised Code.	449

(B)(1) "Professional employee" means aboth of the following:

450

(a) A person employed by a board in a position for which	451
either a bachelor's degree from an accredited college or	452
university or a license or certificate issued under Title XLVII of	453
the Revised Code is a minimum requirement, except in the case of a	454
person employed as a conditional status service and support	455
administrator for which an appropriate associate degree is the	456
minimum requirement, and;	457

(b) A person employed by a board as a conditional status	458
service and support administrator.	459

(2) "Professional employee" includes employees in the	460
positions listed in division (B) of section 5126.22 of the Revised	461
Code.	462

(C) "Management employee" means a person employed by a board	463
in a position having supervisory or managerial responsibilities	464
and duties, and includes employees in the positions listed in	465
division (A) of section 5126.22 of the Revised Code.	466

(D) "Limited contract" means a contract of limited duration	467
which is renewable at the discretion of the superintendent.	468

(E) "Continuing contract" means a contract of employment that	469
was issued prior to June 24, 1988, to a classified employee under	470
which the employee has completed the employee's probationary	471
period and under which the employee retains employment until the	472
employee retires or resigns, is removed pursuant to section	473
5126.23 of the Revised Code, or is laid off.	474

(F) "Supervisory responsibilities and duties" includes the	475
authority to hire, transfer, suspend, lay off, recall, promote,	476
discharge, assign, reward, or discipline other employees of the	477
board; to responsibly direct them; to adjust their grievances; or	478
to effectively recommend such action, if the exercise of that	479
authority is not of a merely routine or clerical nature but	480
requires the use of independent judgment.	481

(G) "Managerial responsibilities and duties" includes	482
formulating policy on behalf of the board, responsibly directing	483
the implementation of policy, assisting in the preparation for the	484
conduct of collective negotiations, administering collectively	485
negotiated agreements, or having a major role in personnel	486
administration.	487

(H) "Investigative agent" means an individual who conducts	488
investigations under section 5126.313 of the Revised Code.	489

Sec. 5126.201. A person may be employed by a county board of	490
mental retardation and developmental disabilities as a conditional	491
status service and support administrator only if either of the	492
following is true:	493

(A) The person has at least an appropriate associate degree;

494

(B) The person meets both of the following requirements:

495

(1) The person was employed by the county board and performed	496
service and support administration duties on June 30, 2005;	497

(2) The person holds a high school diploma or a general	498
educational development certificate of high school equivalence.	499

Section 2. That existing sections 3721.011, 3721.04, 4766.09,	500
4766.14, 5111.971, 5126.15, and 5126.20 of the Revised Code are	501
hereby repealed.	502

Section 3. That Section 206.66.53 of Am. Sub. H.B. 66 of the	503
126th General Assembly be amended to read as follows:	504

Sec. 206.66.53.  MEDICAID ADMINISTRATIVE STUDY COUNCIL

505

(A) There is hereby created the Medicaid Administrative Study	506
Council composed of the following:	507

(1) One member of the Ohio Commission to Reform Medicaid,	508
appointed by the Governor;	509

(2) One member of the staff of the Governor's office,	510
appointed by the Governor;	511

(3) One individual with expertise in health-care finance,	512
appointed by the Governor;	513

(4) One individual with expertise in health-care management,	514
appointed by the Governor;	515

(5) One individual with expertise in health-care information	516
technology, appointed by the Governor;	517

(6) One individual with expertise in health insurance,	518
appointed by the Governor;	519

(7) One individual with expertise in health care quality	520
assurance, appointed by the Governor;	521

(8) Two individuals with expertise in organizational change	522
representing the business community, one appointed by the	523
President of the Senate and one appointed by the Speaker of the	524
House of Representatives;	525

(9) The Director of Budget and Management or the Director's	526
designee;	527

(10) The State Chief Information Officer or the Officer's	528
designee;	529

(11) The Administrator of Workers' Compensation or the	530
Administrator's designee;	531

(12) The following non-voting members:

532

(a) The Director of Job and Family Services or the Director's	533
designee;	534

(b) The Director of Aging or the Director's designee;

535

(c) The Director of Drug and Alcohol Addiction Services or	536
the Director's designee;	537

(d) The Director of Health or the Director's designee;

538

(e) The Director of Mental Health or the Director's designee;

539

(f) The Director of Mental Retardation and Developmental	540
Disabilities or the Director's designee;	541

(g) Two members of the House of Representatives, one from	542
each of the political parties in the House, and both appointed by	543
the Speaker of the House;	544

(h) Two members of the Senate, one from each of the political	545
parties in the Senate, and both appointed by the President of the	546
Senate.	547

(B) The Governor shall appoint a member of the Council to	548
serve as the chairperson of the Council.	549

(C) The Council shall study the administration of the	550
Medicaid program. In conducting the study, the Council shall	551
operate under the assumption that the General Assembly will enact	552
by July 1, 2007, a law establishing a new cabinet level department	553
to administer the program. The Council shall examine and consider	554
all of the following as part of the study:	555

(1) Structuring the program's administration in a manner that	556
optimizes the program's fiscal and operational objectives;	557

(2) Centralizing financing and information technology	558
functions to coordinate the new department's activities with other	559
state agencies, if any, that assist in the program's	560
administration;	561

(3) Creating a unified budget for Medicaid-funded long-term	562
care services;	563

(4) The fiscal and operating impact that a new administrative	564
structure for the program would have on the Department of Job and	565
Family Services and other state agencies that currently assist in	566
the program's administration;	567

(5) The role of government entities that administer the	568
Medicaid program on the local level and the fiscal and operating	569
impact that a new administrative structure for the program would	570
have on those entities;	571

(6) The recommendations of the Ohio Commission to Reform	572
Medicaid.	573

(D) Beginning ninety days after the effective date of this	574
sectionJune 30, 2005, the Council shall submit written, quarterly	575
reports on the Council's progress to the Governor, the President	576
of the Senate, and the Speaker of the House of Representatives.	577
The Council shall submit a final written report of its study to	578
the Governor, the President of the Senate, and the Speaker of the	579
House of Representatives not later than December 31, 2006. The	580
final report shall include all of the following:	581

(1) Recommendations regarding the scope and structure of the	582
new department;	583

(2) A business plan that directs the transition of the	584
Medicaid program's administration from the Department of Job and	585
Family Services and the other state agencies that assist the	586
Department to the new department and addresses the transition's	587
fiscal and operational impact;	588

(3) Identification of the resources needed to implement the	589
business plan.	590

(E) The Council may hire staff, enter into contracts, and	591
take other actions the Council deems necessary to fulfill its	592
duties.	593

Section 4. That existing Section 206.66.53 of Am. Sub. H.B.	594
66 of the 126th General Assembly is hereby repealed.	595