Section 1. That sections 173.401, 173.501, 2317.54, 4715.36, | 17 |
5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64, 5101.66, | 18 |
5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.72, 5101.99, | 19 |
5111.894, 5123.61, and 5126.31 be amended; sections 5101.61 | 20 |
(5101.63), 5101.611 (5101.64), 5101.62 (5101.65), 5101.63 | 21 |
(5101.652), 5101.64 (5101.66), 5101.65 (5101.68), 5101.66 | 22 |
(5101.681), 5101.67 (5101.682), 5101.68 (5101.69), 5101.69 | 23 |
(5101.70), 5101.70 (5101.71), 5101.71 (5101.61), and 5101.72 | 24 |
(5101.611) be amended for the purpose of adopting new section | 25 |
numbers as indicated in parentheses; and new sections 5101.62, | 26 |
5101.67, and 5101.72 and sections 5101.631, 5101.632, 5101.651, | 27 |
5101.701, 5101.702, 5101.74, and 5101.741 of the Revised Code be | 28 |
enacted to read as follows: | 29 |
(C) Each month, each area agency on aging shall identify | 78 |
individuals residing in the area that the agency serves who are | 79 |
eligible for the home first component of the PASSPORT program. | 80 |
When an area agency on aging identifies such an individual, the | 81 |
agency shall notify the long-term care consultation program | 82 |
administrator serving the area in which the individual resides. | 83 |
The administrator shall determine whether the PASSPORT program is | 84 |
appropriate for the individual and whether the individual would | 85 |
rather participate in the PASSPORT program than continue or begin | 86 |
to reside in a nursing facility. If the administrator determines | 87 |
that the PASSPORT program is appropriate for the individual and | 88 |
the individual would rather participate in the PASSPORT program | 89 |
than continue or begin to reside in a nursing facility, the | 90 |
administrator shall so notify the department of aging. On receipt | 91 |
of the notice from the administrator, the department shall approve | 92 |
the individual's enrollment in the medicaid-funded component of | 93 |
the PASSPORT program regardless of the unified waiting list | 94 |
established under section 173.404 of the Revised Code, unless the | 95 |
enrollment would cause the component to exceed any limit on the | 96 |
number of individuals who may be enrolled in the component as set | 97 |
by the United States secretary of health and human services in the | 98 |
PASSPORT waiver. | 99 |
(C) Each month, the department of aging shall identify | 137 |
individuals who are eligible for the home first component of the | 138 |
PACE program. When the department identifies such an individual, | 139 |
the department shall notify the PACE provider serving the area in | 140 |
which the individual resides. The PACE provider shall determine | 141 |
whether the PACE program is appropriate for the individual and | 142 |
whether the individual would rather participate in the PACE | 143 |
program than continue or begin to reside in a nursing facility. If | 144 |
the PACE provider determines that the PACE program is appropriate | 145 |
for the individual and the individual would rather participate in | 146 |
the PACE program than continue or begin to reside in a nursing | 147 |
facility, the PACE provider shall so notify the department of | 148 |
aging. On receipt of the notice from the PACE provider, the | 149 |
department of aging shall approve the individual's enrollment in | 150 |
the PACE program in accordance with priorities established in | 151 |
rules adopted under section 173.50 of the Revised Code. | 152 |
Sec. 2317.54. No hospital, home health agency, ambulatory | 153 |
surgical facility, or provider of a hospice care program or | 154 |
pediatric respite care program shall be held liable for a | 155 |
physician's failure to obtain an informed consent from the | 156 |
physician's patient prior to a surgical or medical procedure or | 157 |
course of procedures, unless the physician is an employee of the | 158 |
hospital, home health agency, ambulatory surgical facility, or | 159 |
provider of a hospice care program or pediatric respite care | 160 |
program. | 161 |
Written consent to a surgical or medical procedure or course | 162 |
of procedures shall, to the extent that it fulfills all the | 163 |
requirements in divisions (A), (B), and (C) of this section, be | 164 |
presumed to be valid and effective, in the absence of proof by a | 165 |
preponderance of the evidence that the person who sought such | 166 |
consent was not acting in good faith, or that the execution of the | 167 |
consent was induced by fraudulent misrepresentation of material | 168 |
facts, or that the person executing the consent was not able to | 169 |
communicate effectively in spoken and written English or any other | 170 |
language in which the consent is written. Except as herein | 171 |
provided, no evidence shall be admissible to impeach, modify, or | 172 |
limit the authorization for performance of the procedure or | 173 |
procedures set forth in such written consent. | 174 |
(C) The consent is signed by the patient for whom the | 185 |
procedure is to be performed, or, if the patient for any reason | 186 |
including, but not limited to, competence, minority, or the fact | 187 |
that, at the latest time that the consent is needed, the patient | 188 |
is under the influence of alcohol, hallucinogens, or drugs, lacks | 189 |
legal capacity to consent, by a person who has legal authority to | 190 |
consent on behalf of such patient in such circumstances, including | 191 |
either of the following: | 192 |
Any use of a consent form that fulfills the requirements | 198 |
stated in divisions (A), (B), and (C) of this section has no | 199 |
effect on the common law rights and liabilities, including the | 200 |
right of a physician to obtain the oral or implied consent of a | 201 |
patient to a medical procedure, that may exist as between | 202 |
physicians and patients on July 28, 1975. | 203 |
As used in this section the term "hospital" has the same | 204 |
meaning as in section 2305.113 of the Revised Code; "home health | 205 |
agency" has the same meaning as in section 5101.613701.881 of the | 206 |
Revised Code; "ambulatory surgical facility" has the meaning as in | 207 |
division (A) of section 3702.30 of the Revised Code; and "hospice | 208 |
care program" and "pediatric respite care program" have the same | 209 |
meanings as in section 3712.01 of the Revised Code. The provisions | 210 |
of this division apply to hospitals, doctors of medicine, doctors | 211 |
of osteopathic medicine, and doctors of podiatric medicine. | 212 |
(F) "Dental hygiene services" means the prophylactic, | 230 |
preventive, and other procedures that dentists are authorized by | 231 |
this chapter and rules of the state dental board to assign to | 232 |
dental hygienists, except for procedures while a patient is | 233 |
anesthetized, definitive root planing, definitive subgingival | 234 |
curettage, the administration of local anesthesia, and the | 235 |
procedures specified in rules adopted by the board as described in | 236 |
division (C)(4) of section 4715.22 of the Revised Code. | 237 |
(20) Any other location, as specified by the state dental | 285 |
board in rules adopted under section 4715.372 of the Revised Code, | 286 |
that is in an area designated as a dental health resource shortage | 287 |
area pursuant to section 3702.87 of the Revised Code and provides | 288 |
health care services to individuals who are recipients of medical | 289 |
assistance under the medicaid program established pursuant to | 290 |
Chapter 5111. of the Revised Code and to indigent and uninsured | 291 |
persons, as defined in section 2305.234 of the Revised Code. | 292 |
(B)(C) "Adult" means any person sixty years of age or older | 300 |
within this state who is handicapped by the infirmities of aging | 301 |
or who has a physical or mental impairment which prevents the | 302 |
person from providing for the person's own care or protection, and | 303 |
who resides in an independent living arrangement. An "independent | 304 |
living arrangement" is a domicile of a person's own choosing, | 305 |
including, but not limited to, a private home, apartment, trailer, | 306 |
or rooming house. An "independent living arrangement" includes a | 307 |
residential facility licensed under section 5119.22 of the Revised | 308 |
Code that provides accommodations, supervision, and personal care | 309 |
services for three to sixteen unrelated adults, but does not | 310 |
include other institutions or facilities licensed by the state or | 311 |
facilities in which a person resides as a result of voluntary, | 312 |
civil, or criminal commitment. | 313 |
(I)(M) "Incapacitated person" means a person who is impaired | 356 |
for any reason to the extent that the person lacks sufficient | 357 |
understanding or capacity to make and carry out reasonable | 358 |
decisions concerning the person's self or resources, with or | 359 |
without the assistance of a caretaker. Refusal to consent to the | 360 |
provision of services shall not be the sole determinative that the | 361 |
person is incapacitated. "Reasonable decisions" are decisions made | 362 |
in daily living which facilitate the provision of food, shelter, | 363 |
clothing, and health care necessary for life support. | 364 |
(J)(N) "Independent living arrangement" means a domicile of a | 365 |
person's own choosing, including, but not limited to, a private | 366 |
home, apartment, trailer, or rooming house. "Independent living | 367 |
arrangement" includes a residential facility licensed under | 368 |
section 5119.22 of the Revised Code that provides accomodations, | 369 |
supervision, and personal care services for three to sixteen | 370 |
unrelated adults, but does not include any other institution or | 371 |
facility licensed by the state or a facility in which a person | 372 |
resides as a result of voluntary, civil, or criminal commitment. | 373 |
(N)(U) "Protective services" means services provided by the | 394 |
county department of job and family services or its designated | 395 |
agency to an adult who has been determined by evaluation to | 396 |
require such services for the prevention, correction, or | 397 |
discontinuance of an act of as well as conditions resulting from | 398 |
abuse, neglect, or exploitation. Protective services may include, | 399 |
but are not limited to, case work services, medical care, mental | 400 |
health services, legal services, fiscal management, home health | 401 |
care, homemaker services, housing-related services, guardianship | 402 |
services, and placement services as well as the provision of such | 403 |
commodities as food, clothing, and shelter. | 404 |
Sec. 5101.71. Sec. 5101.61. (A) The county departmentsdepartment | 415 |
of job and family services shall implement sections 5101.60 to | 416 |
5101.715101.72 of the Revised Code. The department of job and | 417 |
family services may provide a program of ongoing, comprehensive, | 418 |
formal training to county departments and other agencies | 419 |
authorized to implement sections 5101.60 to 5101.71 of the Revised | 420 |
Code. Training shall not be limited to the procedures for | 421 |
implementing section 5101.62 of the Revised Code. | 422 |
(B)(1) The director of job and family services may adopt | 423 |
rules in accordance with section 111.15 of the Revised Code | 424 |
governing the county departments' implementation of sections | 425 |
5101.60 to
5101.715101.72 of the Revised Code by the department | 426 |
and the administration of those sections by county departments of | 427 |
job and family services. The rules
adopted pursuant to this | 428 |
division may include a requirement that the county departments | 429 |
provide on forms prescribed by the rules a plan of proposed | 430 |
expenditures, and a report of actual expenditures, of funds | 431 |
necessary to
implementadminister sections 5101.60 to 5101.71 | 432 |
5101.72 of the Revised Code. | 433 |
Sec. 5101.72. Sec. 5101.611. (A) The department of job and family | 437 |
services, to the extent of available funds, may reimburse county | 438 |
departments of job and family services for all or part of the | 439 |
costs they incur in
implementingadministering sections 5101.60 to | 440 |
5101.715101.72 of the Revised Code. The director of job and | 441 |
family services shall adopt internal management rules in | 442 |
accordance with section 111.15 of the Revised Code that provide | 443 |
for reimbursement of the county departments of job and family | 444 |
services under this section. | 445 |
(e) Is operated by the state, a political subdivision, or an | 543 |
agency of either, or is operated not for profit in this state and | 544 |
is licensed or registered, if required, pursuant to law by the | 545 |
appropriate department of the state, county, or municipality in | 546 |
which it furnishes services; or is operated for profit in this | 547 |
state, meets all the requirements specified in divisions (A)(5)(a) | 548 |
to (d) of this section, and is certified under Title XVIII of the | 549 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 550 |
amended. | 551 |
Any attorney, physician, osteopath, podiatrist, chiropractor, | 580 |
dentist, psychologist, any employee of a hospital as defined in | 581 |
section 3701.01 of the Revised Code, any nurse licensed under | 582 |
Chapter 4723. of the Revised Code, any employee of an ambulatory | 583 |
health facility, any employee of a home health agency, any | 584 |
employee of a residential facility licensed under section 5119.22 | 585 |
of the Revised Code that provides accommodations, supervision, and | 586 |
personal care services for three to sixteen unrelated adults, any | 587 |
employee of a nursing home, residential care facility, or home for | 588 |
the aging, as defined in section 3721.01 of the Revised Code, any | 589 |
senior service provider, any peace officer, coroner, member of the | 590 |
clergy, any employee of a community mental health facility, and | 591 |
any person engaged in social work or counseling(1) Any individual | 592 |
listed in division (A)(2) of this section having reasonable cause | 593 |
to believe that an adult is being abused, neglected, or exploited, | 594 |
or is in a condition which is the result of abuse, neglect, or | 595 |
exploitation shall immediately report such belief to the county | 596 |
department of job and family services. This section does not apply | 597 |
to employees of any hospital or public hospital as defined in | 598 |
section 5122.01 of the Revised Code. | 599 |
(D) Any person with reasonable cause to believe that an adult | 696 |
is suffering abuse, neglect, or exploitation who makes a report | 697 |
pursuant to this section or who testifies in any administrative or | 698 |
judicial proceeding arising from such a report, or any employee of | 699 |
the state or any of its subdivisions who is discharging | 700 |
responsibilities under section 5101.62 of the Revised Code shall | 701 |
be immune from civil or criminal liability on account of such | 702 |
investigation, report, or testimony, except liability for perjury, | 703 |
unless the person has acted in bad faith or with malicious | 704 |
purpose. | 705 |
(F) Neither the written or oral report provided for in this | 715 |
section nor the investigatory report provided for in section | 716 |
5101.625101.65 of the Revised Code shall be considered a public | 717 |
record as defined in section 149.43 of the Revised Code. | 718 |
InformationOn request, information contained in the report shall | 719 |
upon request be made available to the adult who is the subject of | 720 |
the report, to agencies authorized by the county department of job | 721 |
and family services to receive information contained in the | 722 |
report, and to legal counsel for the adult.
If it determines that | 723 |
there is a risk of harm to a person who makes a report under this | 724 |
section or to the adult who is the subject of the report, the | 725 |
county department of job and family services may redact the name | 726 |
and identifying information related to the person who made the | 727 |
report. | 728 |
Sec. 5101.631. (A) Not later than two years after the | 729 |
effective date of this section, the department of job and family | 730 |
services shall establish a registry to maintain reports of abuse, | 731 |
neglect, or exploitation of adults, whether investigated or not, | 732 |
made to county departments of job and family services under | 733 |
section 5101.63 of the Revised Code. The department shall release | 734 |
information in the registry to county departments of job and | 735 |
family services in accordance with division (B) of section 5101.65 | 736 |
of the Revised Code and may release information in the registry to | 737 |
law enforcement agencies through the Ohio law enforcement gateway | 738 |
established under section 109.57 of the Revised Code. | 739 |
Sec. 5101.611. Sec. 5101.64. If a county department of job and | 752 |
family services knows or has reasonable cause to believe that the | 753 |
subject of a report made under section 5101.615101.63 of the | 754 |
Revised Code or of an investigation conducted under sections | 755 |
5101.62 to 5101.64section 5101.65 of the Revised Code or on the | 756 |
initiative of the county department is mentally retarded or | 757 |
developmentally disabled, as defined in section 5126.01 of the | 758 |
Revised Code, the county department shall refer the case to the | 759 |
county board of developmental disabilities of that county for | 760 |
review pursuant to section 5126.31 of the Revised Code. | 761 |
Sec. 5101.62. Sec. 5101.65. The county department of job and | 767 |
family services shall be responsible for the investigation of all | 768 |
reports provided for in section 5101.615101.63 and all cases | 769 |
referred to it under section 5126.31 of the Revised Code and for | 770 |
evaluating the need for and, to the extent of available funds | 771 |
services, providing or arranging for the provision of protective | 772 |
services. The department may designate another agency to perform | 773 |
the department's duties under this section. | 774 |
Upon completion of the investigation, the department shall | 798 |
determine from its findings whether or not the adult who is the | 799 |
subject of the report is in need of protective services. No adult | 800 |
shall be determined to be abused, neglected, or in need of | 801 |
protective services for the sole reason that, in lieu of medical | 802 |
treatment, the adult relies on or is being furnished spiritual | 803 |
treatment through prayer alone in accordance with the tenets and | 804 |
practices of a church or religious denomination of which the adult | 805 |
is a member or adherent. The department shall write a report which | 806 |
confirms or denies the need for protective services and states why | 807 |
it reached this conclusion. | 808 |
Sec. 5101.651. (A)(1) Each county department of job and | 809 |
family services or its designated agency, in conjunction with the | 810 |
area agency on aging that serves the region in which the county is | 811 |
located, shall prepare a memorandum of understanding establishing | 812 |
the guidelines to be employed in the investigation of a report of | 813 |
adult abuse, neglect, or exploitation made pursuant to section | 814 |
5101.63 of the Revised Code. The memorandum shall comply with the | 815 |
requirements established by section 5101.65 of the Revised Code | 816 |
for such investigations. The memorandum shall have as its primary | 817 |
goal the utilization of a structured and systematic investigation | 818 |
protocol regarding the reports. The memorandum may be based on the | 819 |
model memorandum of understanding developed by the department of | 820 |
job and family services under division (F) of section 5101.62 of | 821 |
the Revised Code. | 822 |
(2) If a county department of job and family services | 823 |
designates another agency to perform any of the department's | 824 |
duties in investigating reports of adult abuse, neglect, or | 825 |
exploitation under section 5101.65 of the Revised Code, the | 826 |
memorandum of understanding described in division (A)(1) of this | 827 |
section shall include provisions that specify the duties of both | 828 |
the department and the designated agency in investigating such | 829 |
reports. | 830 |
(C) The memorandum of understanding described in division | 861 |
(A)(1) of this section shall include provisions establishing an | 862 |
elder abuse interdisciplinary team. The memorandum shall specify | 863 |
the membership of the team and establish guidelines to be used | 864 |
when coordinating investigations of reports of adult abuse, | 865 |
neglect, or exploitation. The memorandum shall describe the roles | 866 |
and responsibilities of team members, including team members' | 867 |
roles regarding the filing of criminal charges against persons | 868 |
alleged to have abused, neglected, or exploited adults and the | 869 |
provision of victim services to adults pursuant to Chapter 2930. | 870 |
of the Revised Code. | 871 |
(D) A failure to follow the guidelines set forth in the | 872 |
memorandum of understanding required by this section is not | 873 |
grounds for, and shall not result in, the dismissal of any charge | 874 |
or complaint arising from any report of abuse, neglect, or | 875 |
exploitation or the suppression of any evidence obtained as a | 876 |
result of a report of abuse, neglect, or exploitation and does not | 877 |
give any rights or grounds for appeal or post-conviction relief to | 878 |
any person. | 879 |
Sec. 5101.63. Sec. 5101.652. If, during the course of an | 880 |
investigation conducted under section 5101.625101.65 of the | 881 |
Revised Code, any person, including the adult who is the subject | 882 |
of the investigation, denies or obstructs access to the residence | 883 |
of the adult, the county department of job and family services may | 884 |
file a petition in court for a temporary restraining order to | 885 |
prevent the interference or obstruction. The court shall issue a | 886 |
temporary restraining order to prevent the interference or | 887 |
obstruction if it finds there is reasonable cause to believe that | 888 |
the adult is being or has been abused, neglected, or exploited and | 889 |
access to the person's residence has been denied or obstructed. | 890 |
Such a finding is prima-facie evidence that immediate and | 891 |
irreparable injury, loss, or damage will result, so that notice is | 892 |
not required. After obtaining an order restraining the obstruction | 893 |
of or interference with the access of the protective services | 894 |
representative, the representative may be accompanied to the | 895 |
residence by a peace officer. | 896 |
Sec. 5101.64. Sec. 5101.66. Any person who requests or consents to | 897 |
receive protective services shall receive such services only after | 898 |
an investigation and determination of a need for protective | 899 |
services, which. The investigation shall be performed in the same | 900 |
manner as the investigation of a report pursuant to
sections | 901 |
5101.62 and 5101.63section 5101.65 of the Revised Code. If the | 902 |
person withdraws consent, the protective services shall be | 903 |
terminated. | 904 |
Sec. 5101.65. Sec. 5101.68. If the county department of job and | 914 |
family services determines that an adult is in need of protective | 915 |
services and is an incapacitated person, the department may | 916 |
petition the court for an order authorizing the provision of | 917 |
protective services. The petition shall state the specific facts | 918 |
alleging the abuse, neglect, or exploitation and shall include a | 919 |
proposed protective service plan. Any plan for protective services | 920 |
shall be specified in the petition. | 921 |
Sec. 5101.66. Sec. 5101.681. Notice of a petition for the | 922 |
provision of court-ordered protective services as provided for in | 923 |
section
5101.655101.68 of the Revised Code shall be personally | 924 |
served upon the adult who is the subject of the petition at least | 925 |
five working days prior to the date set for the hearing as | 926 |
provided in section
5101.675101.682 of the Revised Code. Notice | 927 |
shall be given orally and in writing in language reasonably | 928 |
understandable to the adult. The notice shall include the names of | 929 |
all petitioners, the basis of the belief that protective services | 930 |
are needed, the rights of the adult in the court proceedings, and | 931 |
the consequences of a court order for protective services. The | 932 |
adult shall be informed of
histhe right to counsel and histhe | 933 |
right to appointed counsel if hethe adult is indigent and if | 934 |
appointed counsel is requested. Written notice by certified mail | 935 |
shall also be given to the adult's guardian, legal counsel, | 936 |
caretaker, and spouse, if any, or if hethe adult has none of | 937 |
these, to histhe adult's adult children or next of kin, if any, | 938 |
or to any other person as the court may require. The adult who is | 939 |
the subject of the petition may not waive notice as provided in | 940 |
this section. | 941 |
Sec. 5101.67. Sec. 5101.682. (A) The court shall hold a hearing on | 942 |
the petition as provided in section 5101.655101.68 of the Revised | 943 |
Code within fourteen days after its filing. The adult who is the | 944 |
subject of the petition shall have the right to be present at the | 945 |
hearing, present evidence, and examine and cross-examine | 946 |
witnesses. The adult shall be represented by counsel unless the | 947 |
right to counsel is knowingly waived. If the adult is indigent, | 948 |
the court shall appoint counsel to represent the adult. If the | 949 |
court determines that the adult lacks the capacity to waive the | 950 |
right to counsel, the court shall appoint counsel to represent the | 951 |
adult's interests. | 952 |
(B) If the court finds, on the basis of clear and convincing | 953 |
evidence, that the adult has been abused, neglected, or exploited, | 954 |
is in need of protective services, and is incapacitated, and no | 955 |
person authorized by law or by court order is available to give | 956 |
consent, it shall issue an order requiring the provision of | 957 |
protective services only if they are available locally. | 958 |
(C) If the court orders placement under this section it shall | 959 |
give consideration to the choice of residence of the adult. The | 960 |
court may order placement in settings which have been approved by | 961 |
the department of job and family services as meeting at least | 962 |
minimum community standards for safety, security, and the | 963 |
requirements of daily living. The court shall not order an | 964 |
institutional placement unless it has made a specific finding | 965 |
entered in the record that no less restrictive alternative can be | 966 |
found to meet the needs of the individual. No individual may be | 967 |
committed to a hospital or public hospital as defined in section | 968 |
5122.01 of the Revised Code pursuant to this section. | 969 |
(E) A court order provided for in this section shall remain | 976 |
in effect for no longer than six months. Thereafter, the county | 977 |
department of job and family services shall review the adult's | 978 |
need for continued services and, if the department determines that | 979 |
there is a continued need, it shall apply for a renewal of the | 980 |
order for additional periods of no longer than one year each. The | 981 |
adult who is the subject of the court-ordered services may | 982 |
petition for modification of the order at any time. | 983 |
(D) The court shall hold a hearing on the petition within | 997 |
fourteen days after its filing. If the court finds that the | 998 |
protective services are necessary, that the adult has consented to | 999 |
the provisionsprovision of such services, and that the person who | 1000 |
is the subject of the petition has prevented such provision, the | 1001 |
court shall issue a temporary restraining order to restrain the | 1002 |
person from interfering with the provision of protective services | 1003 |
to the adult. | 1004 |
(B) Notice of the filing and contents of the petition | 1019 |
provided for in division (A) of this section, the rights of the | 1020 |
person in the hearing provided for in division (C) of this | 1021 |
section, and the possible consequences of a court order, shall be | 1022 |
given to the adult. Notice shall also be given to the spouse of | 1023 |
the adult or, if hethe adult has none, to histhe adult's adult | 1024 |
children or next of kin, and histhe adult's guardian, if any, if | 1025 |
histhe guardian's whereabouts are known. The notice shall be | 1026 |
given in language reasonably understandable to its recipients at | 1027 |
least twenty-four hours prior to the hearing provided for in this | 1028 |
section. The court may waive the twenty-four hour notice | 1029 |
requiementrequirement upon a showing that both of the following | 1030 |
are the case: | 1031 |
(C) Upon receipt of a petition for an order for emergency | 1042 |
services, the court shall hold a hearing no sooner than | 1043 |
twenty-four and no later than seventy-two hours after the notice | 1044 |
provided for in division (B) of this section has been given, | 1045 |
unless the court has waived the notice. The adult who is the | 1046 |
subject of the petition shall have the right to be present at the | 1047 |
hearing, present, evidence, and examine and cross-examine | 1048 |
witnesses. | 1049 |
(F) If the county department determines that the adult | 1077 |
continues to need protective services after the order provided for | 1078 |
in division (D) of this section has expired, the department may | 1079 |
petition the court for an order to continue protective services, | 1080 |
pursuant to section 5101.655101.68 of the Revised Code. After the | 1081 |
filing of the petition, the department may continue to provide | 1082 |
protective services pending a hearing by the court. | 1083 |
Sec. 5101.70. Sec. 5101.71. (A) If it appears that an adult in | 1137 |
need of protective services has the financial means sufficient to | 1138 |
pay for such services, the county department of job and family | 1139 |
services shall make an evaluation regarding such means. If the | 1140 |
evaluation establishes that the adult has such financial means, | 1141 |
the department shall initiate procedures for reimbursement | 1142 |
pursuant to rules promulgated by the departmentadopted under | 1143 |
section 5101.61 of the Revised Code. If the evaluation establishes | 1144 |
that the adult does not have such financial means, the services | 1145 |
shall be provided in accordance with the policies and procedures | 1146 |
established by the state department of job and family services for | 1147 |
the provision of welfare assistance. An adult shall not be | 1148 |
required to pay for court-ordered protective services unless the | 1149 |
court determines upon a showing by the county department of job | 1150 |
and family services that the adult is financially able to pay and | 1151 |
the court orders the adult to pay. | 1152 |
(D) All members of the commission shall serve as voting | 1224 |
members. The attorney general shall select from among the | 1225 |
appointed members a chairperson. The commission shall meet at the | 1226 |
call of the chairperson, but not less than four times per year. | 1227 |
Special meetings may be called by the chairperson and shall be | 1228 |
called by the chairperson at the request of the attorney general. | 1229 |
The commission may establish its own quorum requirements and | 1230 |
procedures regarding the conduct of meetings and other affairs. | 1231 |
(B) Each month, each area agency on aging shall identify | 1296 |
individuals residing in the area that the area agency on aging | 1297 |
serves who are eligible for the home first component of the | 1298 |
assisted living program. When an area agency on aging identifies | 1299 |
such an individual and determines that there is a vacancy in a | 1300 |
residential care facility participating in the medicaid-funded | 1301 |
component of the assisted living program that is acceptable to the | 1302 |
individual, the agency shall notify the long-term care | 1303 |
consultation program administrator serving the area in which the | 1304 |
individual resides. The administrator shall determine whether the | 1305 |
assisted living program is appropriate for the individual and | 1306 |
whether the individual would rather participate in the assisted | 1307 |
living program than continue or begin to reside in a nursing | 1308 |
facility. If the administrator determines that the assisted living | 1309 |
program is appropriate for the individual and the individual would | 1310 |
rather participate in the assisted living program than continue or | 1311 |
begin to reside in a nursing facility, the administrator shall so | 1312 |
notify the department of aging. On receipt of the notice from the | 1313 |
administrator, the department shall approve the individual's | 1314 |
enrollment in the medicaid-funded component of the assisted living | 1315 |
program regardless of the unified waiting list established under | 1316 |
section 173.404 of the Revised Code, unless the enrollment would | 1317 |
cause the component to exceed any limit on the number of | 1318 |
individuals who may participate in the component as set by the | 1319 |
United States secretary of health and human services in the | 1320 |
assisted living waiver. | 1321 |
(B) The department of developmental disabilities shall | 1331 |
establish a registry office for the purpose of maintaining reports | 1332 |
of abuse, neglect, and other major unusual incidents made to the | 1333 |
department under this section and reports received from county | 1334 |
boards of developmental disabilities under section 5126.31 of the | 1335 |
Revised Code. The department shall establish committees to review | 1336 |
reports of abuse, neglect, and other major unusual incidents. | 1337 |
(C)(1) Any person listed in division (C)(2) of this section, | 1338 |
having reason to believe that a person with mental retardation or | 1339 |
a developmental disability has suffered or faces a substantial | 1340 |
risk of suffering any wound, injury, disability, or condition of | 1341 |
such a nature as to reasonably indicate abuse or neglect of that | 1342 |
person, shall immediately report or cause reports to be made of | 1343 |
such information to the entity specified in this division. Except | 1344 |
as provided in section 5120.173 of the Revised Code or as | 1345 |
otherwise provided in this division, the person making the report | 1346 |
shall make it to a law enforcement agency or to the county board | 1347 |
of developmental disabilities. If the report concerns a resident | 1348 |
of a facility operated by the department of developmental | 1349 |
disabilities the report shall be made either to a law enforcement | 1350 |
agency or to the department. If the report concerns any act or | 1351 |
omission of an employee of a county board of developmental | 1352 |
disabilities, the report immediately shall be made to the | 1353 |
department and to the county board. | 1354 |
(a) Any physician, including a hospital intern or resident, | 1357 |
any dentist, podiatrist, chiropractor, practitioner of a limited | 1358 |
branch of medicine as specified in section 4731.15 of the Revised | 1359 |
Code, hospital administrator or employee of a hospital, nurse | 1360 |
licensed under Chapter 4723. of the Revised Code, employee of an | 1361 |
ambulatoryoutpatient health facility as defined in section | 1362 |
5101.615101.60 of the Revised Code, employee of a home health | 1363 |
agency, employee of a residential facility licensed under section | 1364 |
5119.22 of the Revised Code that provides accommodations, | 1365 |
supervision, and person care services for three to sixteen | 1366 |
unrelated adults, or employee of a community mental health | 1367 |
facility; | 1368 |
(c) A superintendent, board member, or employee of a county | 1372 |
board of developmental disabilities; an administrator, board | 1373 |
member, or employee of a residential facility licensed under | 1374 |
section 5123.19 of the Revised Code; an administrator, board | 1375 |
member, or employee of any other public or private provider of | 1376 |
services to a person with mental retardation or a developmental | 1377 |
disability, or any MR/DD employee, as defined in section 5123.50 | 1378 |
of the Revised Code; | 1379 |
(e) A member of the clergy who is employed in a position that | 1384 |
includes providing specialized services to an individual with | 1385 |
mental retardation or another developmental disability, while | 1386 |
acting in an official or professional capacity in that position, | 1387 |
or a person who is employed in a position that includes providing | 1388 |
specialized services to an individual with mental retardation or | 1389 |
another developmental disability and who, while acting in an | 1390 |
official or professional capacity, renders spiritual treatment | 1391 |
through prayer in accordance with the tenets of an organized | 1392 |
religion. | 1393 |
(b) An attorney or physician is not required to make a report | 1396 |
pursuant to division (C)(1) of this section concerning any | 1397 |
communication the attorney or physician receives from a client or | 1398 |
patient in an attorney-client or physician-patient relationship, | 1399 |
if, in accordance with division (A) or (B) of section 2317.02 of | 1400 |
the Revised Code, the attorney or physician could not testify with | 1401 |
respect to that communication in a civil or criminal proceeding, | 1402 |
except that the client or patient is deemed to have waived any | 1403 |
testimonial privilege under division (A) or (B) of section 2317.02 | 1404 |
of the Revised Code with respect to that communication and the | 1405 |
attorney or physician shall make a report pursuant to division | 1406 |
(C)(1) of this section, if both of the following apply: | 1407 |
(ii) The attorney or physician knows or suspects, as a result | 1410 |
of the communication or any observations made during that | 1411 |
communication, that the client or patient has suffered or faces a | 1412 |
substantial risk of suffering any wound, injury, disability, or | 1413 |
condition of a nature that reasonably indicates abuse or neglect | 1414 |
of the client or patient. | 1415 |
(4) Any person who fails to make a report required under | 1416 |
division (C) of this section and who is an MR/DD employee, as | 1417 |
defined in section 5123.50 of the Revised Code, shall be eligible | 1418 |
to be included in the registry regarding misappropriation, abuse, | 1419 |
neglect, or other specified misconduct by MR/DD employees | 1420 |
established under section 5123.52 of the Revised Code. | 1421 |
(F) Any person having reasonable cause to believe that a | 1440 |
person with mental retardation or a developmental disability has | 1441 |
suffered or faces a substantial risk of suffering abuse or neglect | 1442 |
may report or cause a report to be made of that belief to the | 1443 |
entity specified in this division. Except as provided in section | 1444 |
5120.173 of the Revised Code or as otherwise provided in this | 1445 |
division, the person making the report shall make it to a law | 1446 |
enforcement agency or the county board of developmental | 1447 |
disabilities. If the person is a resident of a facility operated | 1448 |
by the department of developmental disabilities, the report shall | 1449 |
be made to a law enforcement agency or to the department. If the | 1450 |
report concerns any act or omission of an employee of a county | 1451 |
board of developmental disabilities, the report immediately shall | 1452 |
be made to the department and to the county board. | 1453 |
(3) When a county board of developmental disabilities | 1466 |
receives a report under this section that includes an allegation | 1467 |
of action or inaction that may constitute a crime under federal | 1468 |
law or the law of this state, the superintendent of the board or | 1469 |
an individual the superintendent designates under division (H) of | 1470 |
this section shall notify the law enforcement agency. The | 1471 |
superintendent or individual shall notify the department of | 1472 |
developmental disabilities when it receives any report under this | 1473 |
section. | 1474 |
(4) When a county board of developmental disabilities | 1475 |
receives a report under this section and believes that the degree | 1476 |
of risk to the person is such that the report is an emergency, the | 1477 |
superintendent of the board or an employee of the board the | 1478 |
superintendent designates shall attempt a face-to-face contact | 1479 |
with the person with mental retardation or a developmental | 1480 |
disability who allegedly is the victim within one hour of the | 1481 |
board's receipt of the report. | 1482 |
(J) A law enforcement agency shall investigate each report of | 1494 |
abuse or neglect it receives under this section. In addition, the | 1495 |
department, in cooperation with law enforcement officials, shall | 1496 |
investigate each report regarding a resident of a facility | 1497 |
operated by the department to determine the circumstances | 1498 |
surrounding the injury, the cause of the injury, and the person | 1499 |
responsible. The investigation shall be in accordance with the | 1500 |
memorandum of understanding prepared under section 5126.058 of the | 1501 |
Revised Code. The department shall determine, with the registry | 1502 |
office which shall be maintained by the department, whether prior | 1503 |
reports have been made concerning an adult with mental retardation | 1504 |
or a developmental disability or other principals in the case. If | 1505 |
the department finds that the report involves action or inaction | 1506 |
that may constitute a crime under federal law or the law of this | 1507 |
state, it shall submit a report of its investigation, in writing, | 1508 |
to the law enforcement agency. If the person with mental | 1509 |
retardation or a developmental disability is an adult, with the | 1510 |
consent of the adult, the department shall provide such protective | 1511 |
services as are necessary to protect the adult. The law | 1512 |
enforcement agency shall make a written report of its findings to | 1513 |
the department. | 1514 |
(K) Any person or any hospital, institution, school, health | 1521 |
department, or agency participating in the making of reports | 1522 |
pursuant to this section, any person participating as a witness in | 1523 |
an administrative or judicial proceeding resulting from the | 1524 |
reports, or any person or governmental entity that discharges | 1525 |
responsibilities under sections 5126.31 to 5126.33 of the Revised | 1526 |
Code shall be immune from any civil or criminal liability that | 1527 |
might otherwise be incurred or imposed as a result of such actions | 1528 |
except liability for perjury, unless the person or governmental | 1529 |
entity has acted in bad faith or with malicious purpose. | 1530 |
(L) No employer or any person with the authority to do so | 1531 |
shall discharge, demote, transfer, prepare a negative work | 1532 |
performance evaluation, reduce pay or benefits, terminate work | 1533 |
privileges, or take any other action detrimental to an employee or | 1534 |
retaliate against an employee as a result of the employee's having | 1535 |
made a report under this section. This division does not preclude | 1536 |
an employer or person with authority from taking action with | 1537 |
regard to an employee who has made a report under this section if | 1538 |
there is another reasonable basis for the action. | 1539 |
Sec. 5126.31. (A) A county board of developmental | 1553 |
disabilities shall review reports of abuse and neglect made under | 1554 |
section 5123.61 of the Revised Code and reports referred to it | 1555 |
under section 5101.6115101.64 of the Revised Code to determine | 1556 |
whether the person who is the subject of the report is an adult | 1557 |
with mental retardation or a developmental disability in need of | 1558 |
services to deal with the abuse or neglect. The board shall give | 1559 |
notice of each report to the registry office of the department of | 1560 |
developmental disabilities established pursuant to section 5123.61 | 1561 |
of the Revised Code on the first working day after receipt of the | 1562 |
report. If the report alleges that there is a substantial risk to | 1563 |
the adult of immediate physical harm or death, the board shall | 1564 |
initiate review within twenty-four hours of its receipt of the | 1565 |
report. If the board determines that the person is sixty years of | 1566 |
age or older but does not have mental retardation or a | 1567 |
developmental disability, it shall refer the case to the county | 1568 |
department of job and family services. If the board determines | 1569 |
that the person is an adult with mental retardation or a | 1570 |
developmental disability, it shall continue its review of the | 1571 |
case. | 1572 |
(6) Determine whether the adult needs services, and prepare a | 1592 |
written report stating reasons for the determination. No adult | 1593 |
shall be determined to be abused, neglected, or in need of | 1594 |
services for the sole reason that, in lieu of medical treatment, | 1595 |
the adult relies on or is being furnished spiritual treatment | 1596 |
through prayer alone in accordance with the tenets and practices | 1597 |
of a church or religious denomination of which the adult is a | 1598 |
member or adherent. | 1599 |
(C) The board shall arrange for the provision of services for | 1600 |
the prevention, correction or discontinuance of abuse or neglect | 1601 |
or of a condition resulting from abuse or neglect for any adult | 1602 |
who has been determined to need the services and consents to | 1603 |
receive them. These services may include, but are not limited to, | 1604 |
service and support administration, fiscal management, medical, | 1605 |
mental health, home health care, homemaker, legal, and residential | 1606 |
services and the provision of temporary accommodations and | 1607 |
necessities such as food and clothing. The services do not include | 1608 |
acting as a guardian, trustee, or protector as defined in section | 1609 |
5123.55 of the Revised Code. If the provision of residential | 1610 |
services would require expenditures by the department of | 1611 |
developmental disabilities, the board shall obtain the approval of | 1612 |
the department prior to arranging the residential services. | 1613 |
(2) In accordance with rules established by the director of | 1618 |
developmental disabilities, obtain the consent of the adult or the | 1619 |
adult's guardian to the provision of any of these services and | 1620 |
obtain the signature of the adult or guardian on the individual | 1621 |
service plan. An adult who has been found incompetent under | 1622 |
Chapter 2111. of the Revised Code may consent to services. If the | 1623 |
board is unable to obtain consent, it may seek, if the adult is | 1624 |
incapacitated, a court order pursuant to section 5126.33 of the | 1625 |
Revised Code authorizing the board to arrange these services. | 1626 |
(E) On completion of a review, the board shall submit a | 1630 |
written report to the registry office established under section | 1631 |
5123.61 of the Revised Code. If the report includes a finding that | 1632 |
a person with mental retardation or a developmental disability is | 1633 |
a victim of action or inaction that may constitute a crime under | 1634 |
federal law or the law of this state, the board shall submit the | 1635 |
report to the law enforcement agency responsible for investigating | 1636 |
the report. Reports prepared under this section are not public | 1637 |
records as defined in section 149.43 of the Revised Code. | 1638 |
Section 2. That existing sections 173.401, 173.501, 2317.54, | 1639 |
4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64, | 1640 |
5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.72, | 1641 |
5101.99, 5111.894, 5123.61, and 5126.31 of the Revised Code are | 1642 |
hereby repealed. | 1643 |