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H. B. No. 405As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVE Peterson
A BILL
To amend sections 5111.872, 5123.046, 5123.048,
5123.049, 5123.0411, 5126.01, 5126.02, 5126.021,
5126.022, 5126.033, 5126.035, 5126.036, 5126.042,
5126.046, 5126.05, 5126.054, 5126.055, 5126.06,
5126.14, 5126.15, 5126.17, 5126.18, 5126.19,
5126.221, 5126.357, and 5705.44; to amend, for the
purpose of adopting a new section number as
indicated in parentheses, section 5126.056
(5126.057); and to enact new section 5126.056 of
the Revised Code and to amend Section 75.02 of Am.
Sub. H.B. 94 of the 124th General Assembly to
revise provisions of Am. Sub. H.B. 94 of the 124th
General Assembly regarding services for persons
with mental retardation or other developmental
disabilities, to revise the law governing
membership of county boards of mental retardation
and developmental disabilities, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5111.872, 5123.046, 5123.048,
5123.049, 5123.0411, 5126.01, 5126.02, 5126.021, 5126.022,
5126.033, 5126.035, 5126.036, 5126.042, 5126.046, 5126.05,
5126.054, 5126.055, 5126.06, 5126.14, 5126.15, 5126.17, 5126.18,
5126.19, 5126.221, 5126.357, and 5705.44 be amended, section
5126.056 (5126.057) be amended for the purpose of adopting a new
section number as indicated in parentheses, and new section
5126.056 of the Revised Code be enacted to read as follows:
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home and community-based services provided under the component
of the medicaid program that the department administers under
section 5111.871 of the Revised Code, the department shall
consider all of the following: (A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) of that section; (B) The implementation component required by division
(A)(3)(4)
of section 5126.054 of the Revised Code of the county
board's plan
approved under section 5123.046 of the Revised Code; (C) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of division (D) of
section 5126.042 of the Revised Code.
Sec. 5123.046. The department of mental retardation and
developmental disabilities shall review each
component of the
three-calendar year plan it receives from
a county board of mental
retardation and developmental
disabilities under section 5126.054
of the Revised Code and, in
consultation with the department of
job and family services and
office of budget and management,
approve each
plan
component that includes
all the information and
conditions specified in that section.
A
The fourth component of
the
plan shall be approved or disapproved not later than
forty-five
days after the
last of the plan's components are
fourth
component is submitted to the
department under division (B)(3) of
section 5126.054 of the Revised
Code.
If the department approves
all four components of the plan, the plan is approved. Otherwise,
the plan is disapproved. If the plan is disapproved, the
department shall take action
against the county board under
division (B) of section 5126.056 of
the Revised Code. In approving plans under this section, the department
shall
ensure that the aggregate of all plans provide for the
increased
enrollment into home and community-based services during
each
state fiscal year of at least five hundred individuals who
did not
receive residential services, supported living, or home
and
community-based services the prior state fiscal year if the
department has enough additional enrollment available for this
purpose. If a county board fails to submit all the components of the
plan to the department within the time required by division (B) of
section 5126.054 of the Revised Code or the department disapproves
a county board's plan, the department may withhold all or part of
any funds the department would otherwise allocate to the county
board. The department may not withhold any funds the department
allocates to the county board prior to the date the last of the
plan's components are due or the department disapproves the plan.
The department shall establish protocols
that the department
shall use to determine whether a county board
is complying with
the programmatic and financial accountability mechanisms and
achieving outcomes
specified in its approved plan. If the
department
determines that a
county board is not in compliance
with the
mechanisms or achieving the outcomes specified in its
approved
plan, the department
may take action under division (G)
of
section 5126.055 of the Revised Code.
Sec. 5123.048. (A) For state fiscal year 2002, the
department of mental retardation and developmental disabilities
shall assign to a county board of mental retardation and
developmental disabilities the nonfederal share of medicaid
expenditures for habilitation center services that a private
habilitation center provides if all of the following apply: (1) The individuals who receive the services also received
the services from the center pursuant to a contract the center had
with the department in state fiscal year 2001; (2) The county board determined under section 5126.041 of
the Revised Code that the individuals who receive the services are
eligible for county board services; (3) The county board contracts with the center to provide
the services after the center's contract with the department ends. (B) The department shall also make the assignment under
division (A) of this section for each successive state fiscal year
that the county board contracts with the private habilitation
center to provide the habilitation center services to the
individuals who received the services pursuant to the contract the
department had with the center in state fiscal year 2001. (C) The amount the department shall assign under
divisions
(A) and (B) of this section shall
be adequate to ensure
that the
habilitation center services the individuals receive are
comparable in scope to the habilitation center services they
received when the private habilitation center was under contract
with the department. The amount that the department assigns shall
not be less than the amount the department paid the private
habilitation center for
the individuals under
each individual who
received the habilitation center services pursuant to the contract
the
department had with the center in fiscal year 2001.
If the
contract the department had with the private habilitation center
in fiscal year 2001 was for less than the entire fiscal year, the
amount the department shall assign shall be not less than the
amount the department would have paid the center for each
individual who received the services pursuant to the contract had
the contract been for the entire fiscal year. (D) A county board shall use the assignment it receives
under divisions (A) and (B) of this section to pay the nonfederal
share of the medicaid expenditures for the habilitation center
services the county board is required by division (D) of section
5111.041 of the Revised Code to pay.
Sec. 5123.049. The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the authorization and
payment of home and community-based services, medicaid case
management services, and habilitation center services. The rules
shall provide for private providers of the services to receive one
hundred per cent of the medicaid allowable payment amount and for
government providers of the services to receive the federal share
of the medicaid allowable payment, less the amount withheld as a
fee under section 5123.0412 of the Revised Code and any amount
that may be required by rules adopted under section 5123.0413 of
the Revised Code to be deposited into the state MR/DD risk fund.
The
rules shall establish the process by which county boards of
mental
retardation and developmental disabilities shall certify
and
provide the nonfederal share of medicaid expenditures that the
county board is required by division (A) of section
5126.056
5126.057 of
the Revised Code to pay. The process shall require a
county board
to certify that the county board has funding
available at one time
for two months costs for those expenditures.
The process may
permit a county board to certify that the county
board has funding
available at one time for more than two months
costs for those
expenditures.
Sec. 5123.0411. The department of mental retardation and
developmental disabilities may bring a mandamus action against a
county board of mental retardation and developmental disabilities
that fails to pay the nonfederal share of medicaid expenditures
that the county board is required by division (A) of section
5126.056
5126.057 of the Revised Code to pay. The department may
bring the
mandamus action in the court of common pleas of the
county served
by the county board or in the Franklin county court
of common
pleas.
Sec. 5126.01. As used in this chapter: (A)
As used in this
division, "adult" means an individual
who
is
eighteen years of
age or over and
not enrolled in a
program
or service under
Chapter 3323. of the Revised Code and
an
individual
sixteen
or seventeen years of age who
is eligible
for
adult services under
rules adopted by the director of mental
retardation and
developmental disabilities pursuant to Chapter
119. of the
Revised Code.
(1) "Adult
services" means services provided to an adult
outside the home,
except when they are provided within the home
according to an
individual's assessed needs and identified in an
individual
service plan, that support learning and assistance in
the area of
self-care, sensory and motor development,
socialization, daily
living skills, communication, community
living, social skills, or
vocational skills. (2) "Adult services" includes all of the following: (a)
Adult day habilitation services; (c) Prevocational services; (d) Sheltered employment; (e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports. (3) "Adult services" does not include community or;
(f) Community employment services and supported
employment
services. (B)(1) "Adult day habilitation services" means adult
services that do the following: (a) Provide access to and participation in typical
activities and functions of community life that are desired and
chosen by the general population, including such activities and
functions as opportunities to experience and participate in
community exploration, companionship with friends and peers,
leisure activities, hobbies, maintaining family contacts,
community events, and activities where individuals without
disabilities are involved; (b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community. (2) "Adult day habilitation services" includes all of the
following: (a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services; (b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services; (c) Training and education in self-determination designed
to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community; (d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports; (e) Counseling and assistance
provided to obtain housing,
including such counseling as
identifying options for either rental
or purchase, identifying
financial resources, assessing needs for
environmental
modifications, locating housing, and planning for
ongoing
management and maintenance of the housing selected; (f) Transportation necessary to access adult day
habilitation services; (g) Habilitation management, as described in section 5126.14
of
the Revised Code. (3) "Adult day habilitation services" does not include
activities that are components of the provision of
residential
services, family support services, or supported living
services.
(C) "Community employment services" or "supported
employment
services" means job training and other services related
to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following: (1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment; (2) Supervised work experience through an employer paid to
provide the supervised work experience; (3) Ongoing work in a competitive work environment at a
wage
commensurate with workers without disabilities; (4) Ongoing supervision by an employer paid to provide the
supervision. (D) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code. "Developmental disability" means a severe, chronic
disability
that is characterized by all of the following: (1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code; (2) It is manifested before age twenty-two; (3) It is likely to continue indefinitely; (4) It results in one of the following: (a) In the case of a person under age three, at least one
developmental delay or an established risk; (b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk; (c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency. (5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person. (E) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age. (F)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization. (2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies. (3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning. (G) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code. (H) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training. (I) "Habilitation center services" means services
provided
by
a habilitation center certified by the department of
mental
retardation and developmental disabilities under section
5123.041
of the Revised Code and covered by the medicaid program
pursuant
to rules adopted under section 5111.041 of the Revised
Code. (J) "Home and community-based services" means
medicaid-funded home and community-based services provided under a
medicaid component the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code. (K) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code. (L) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires. (M) "Mental retardation" means a mental impairment
manifested during the developmental period characterized by
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in the effectiveness or
degree with
which an individual meets the standards of personal
independence
and social responsibility expected of the
individual's age and
cultural group. (N) "Residential services" means services to individuals
with mental retardation or other developmental disabilities to
provide housing, food, clothing, habilitation, staff support, and
related support services necessary for the health, safety, and
welfare of the individuals and the advancement of their quality
of
life.
"Residential services" includes program management, as
described in section 5126.14 of the Revised Code. (O) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment. (P) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code. (Q)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment. (2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following: (a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received. (b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living. (R) "Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations. (S)(1) "Supported living" means services provided
for as
long as twenty-four hours a day to an
individual with mental
retardation or other developmental
disability through any public
or private resources, including
moneys from the individual, that
enhance the individual's
reputation in community life and advance
the individual's quality
of life by doing the following: (a) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice, with any
number
of individuals who are
not disabled,
or with not more than
three
individuals with mental
retardation
and developmental
disabilities
unless the individuals
are related
by blood or
marriage; (b) Encouraging the individual's participation in the
community; (c) Promoting the individual's rights and autonomy; (d)
Assisting the individual in acquiring, retaining, and
improving
the skills
and competence
necessary to live successfully
in the
individual's residence. (2) "Supported living" includes the provision of
all
of the
following: (a) Housing, food,
clothing, habilitation, staff support,
professional services, and
any related support services necessary
to ensure the health, safety,
and welfare of the individual
receiving the services; (b) A combination of life-long or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies; (c) Personal care services and homemaker services; (d) Household maintenance that does not include
modifications to the physical structure of the residence; (e) Respite care services; (f) Program management, as described in section 5126.14 of
the Revised Code.
Sec. 5126.02. (A)
As used in this section, "relative" means
a spouse, parent, parent-in-law, sibling, sibling-in-law, child,
child-in-law, grandparent, aunt, or uncle.
(B)(1) There is hereby created in each county a
county
board of mental retardation and developmental disabilities
consisting of seven members, five of whom shall be appointed by
the board of county commissioners of the county, and two of whom
shall be appointed by the probate judge of the county. Each
member shall be a resident of the county. The membership of the
board shall,
as nearly as possible, reflect the composition of the
population of the
county. All board members shall be persons interested and
knowledgeable in the field of mental retardation and other allied
fields.
All board members shall be citizens of the United
States.
Of the members appointed by the board of county
commissioners, at
least two shall be relatives
by blood or
marriage of persons
eligible
for
and currently receiving services provided by the
county board
of mental retardation and developmental disabilities,
and,
whenever possible, one shall be a relative of a person
eligible
for
and currently receiving adult services, and the other
shall
be a relative of a person eligible for
and currently
receiving
early intervention services or
services for pre-school
or school-age children. Of the two
members appointed by the
probate judge, at least one shall be a
relative
by blood or
marriage of a person eligible for
or currently
receiving
residential services
in a public or private residential facility
subject to regulation or licensure by the director of mental
retardation and developmental disabilities under sections 5123.19
and 5123.20 of the Revised Code
or supported living. Both the board of county commissioners and the probate judge
shall appoint
under this section, to the maximum extent possible,
members who fulfill any
applicable requirements of this section
for appointment and who also have
professional training and
experience in business management, finance, law,
health care
practice, personnel administration, or government service. (2) All appointments shall be for terms of
four years. The
membership of a person appointed as a
relative of a recipient of
services
shall not be terminated because the services are no
longer received. Members may be reappointed, except as provided in division
(A)(B)(3) of this
section and section 5126.022 of the Revised
Code. Prior to making a
reappointment, the appointing authority
shall ascertain, through written
communication with the board,
that the member being considered for
reappointment meets the
requirements of this section and section 5126.022 of
the Revised
Code. (3) A member who has served during each of
two
three
consecutive terms shall not be reappointed for a subsequent term
until
one year
two years after ceasing to be a member of the
board,
except that a member who has served for
six
ten years or
less within
two
three consecutive terms may be reappointed for a
subsequent term
before becoming ineligible for reappointment for
one year
two years. (4) Within sixty days after a vacancy occurs, it
shall be
filled by the appointing authority for the unexpired
term. Any
member appointed to fill a vacancy occurring prior to
the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term.
Appointment other
than appointment to fill a vacancy shall be
made
no later than the last day of November of each year, and the
term
of office shall commence on the date of the stated annual
organizational meeting
in January. (5) Board members shall serve without
compensation, but
shall be reimbursed for necessary expenses
incurred in the conduct
of board business, including those
incurred within the county of
residence. (B)(C) Each year each board member shall attend at least one
in-service training session provided by or approved by the
department of mental retardation and developmental disabilities.
These training sessions shall not be considered regularly
scheduled meetings of the board.
(C)(D) A county board of mental retardation and
developmental
disabilities shall be operated as a separate
administrative and
service entity. The board's functions shall
not be combined with
the functions of any other entity of county
government.
Sec. 5126.021. (A) As used in this section, "immediate: (1) "Contract agency" means a person or government entity
that is a provider as defined in section 5126.035 of the Revised
Code. (2) "Immediate family"
means parents, brothers, sisters,
spouses, sons, daughters,
mothers-in-law, fathers-in-law,
brothers-in-law, sisters-in-law,
sons-in-law, and
daughters-in-law. (A)(3) "Individual service plan participant" means a person
or government entity, including a school district or educational
service center, that is a signatory to, or participant in the
process of developing, an individual service plan for an
individual with mental retardation or other developmental
disability. "Individual service plan participant" does not include
an immediate family member of an individual with mental
retardation or other developmental disability who is a signatory
to, or participant in the process of developing, the individual
service plan for the individual with mental retardation or other
developmental disability.
(B) The following individuals shall not serve as members
of
a county
boards
board of mental retardation and developmental
disabilities: (1)
Elected public officials, except for those excluded
from
the definition of public official or employee in division
(B) of
section 102.01
An employee of the county board; (2) A former county board employee within one calendar year
of the termination of employment with the county board on which
the former employee would serve; (3) An appointed official or employee of a government entity
responsible for determining the eligibility of an individual with
mental retardation or other developmental disability for services
or providing or overseeing the provision of services to such an
individual or the county board, including both of the following: (a) All of the following government entities that serve the
county that the county board serves: (i) The board of county commissioners; (ii) The office of county treasurer; (iii) The office of county auditor; (iv) The office of county prosecuting attorney; (v) The county board of elections; (vi) The public children services agency; (vii) The county family and children first council; (viii) The county department of job and family services; (ix) The county board of alcohol, drug addiction, and mental
health services; (x) A school district or educational service center. (b)
The following state departments: (i) The department of mental retardation and developmental
disabilities; (ii) The department of job and family services; (iii) The department of mental health; (iv) The department of alcohol and drug addiction services; (v) The department of education. (4)
An individual elected or appointed to an elective
government office, other than any of the following offices: (a) A board of township trustees; (b) The office of township clerk; (c) The office of presidential elector; (d) The office of national convention delegate; (e) A precinct, ward, or district committee provided for
under section 3517.03 of the Revised Code; (5) An individual service plan participant; (6) A member of the immediate family of
another
a member of
the county board
member; (3) Board employees and members of the immediate family of
board employees;
(4)
Former board
employees within
one calendar year of the
termination of employment with the
board on which the former
employee would serve
or an individual ineligible to serve on the
county board pursuant to division (B) of this section.
(B)(C) A person may not serve as a member of a county board
of mental retardation and developmental disabilities when either
the person or a member of the person's
immediate family is a board
member of a
contract agency of that county board unless there is
no conflict
of interest.
In no circumstance shall a member of a
county board
vote on any
matter before the
county board concerning
a contract agency
of
which the member or a member of the
member's
immediate family is
also a board
member or an employee. All
questions relating to the
existence
of a conflict of interest
shall be submitted to the
local
prosecuting attorney and the Ohio
ethics commission for
resolution.
(C) No(D)(1) Except as provided in division (D)(2) of this
section, a person may not serve as a member or employee of a
county board of mental retardation and developmental disabilities
if the person is an employee of
an
a contract agency
contracting
with a
of that county
board
of mental retardation and
developmental disabilities or
member of the immediate family of
such an employee
shall serve as
a board member or an employee of
the county board except that a.
(2) A
county board may, pursuant to a resolution adopted by
the
county board,
employ a member of the immediate family of an
employee of
an
a contract
agency
contracting with the
of that
county board. (D)(E) No person shall serve as a member or employee of a
county board of mental retardation and developmental disabilities
if a member of the person's immediate family serves as a county
commissioner of the county served by the board unless the person
was a member or employee prior to October 31, 1980.
(E)(F) A county board of mental retardation and
developmental
disabilities shall not contract with an agency whose
board
includes a county commissioner of the county served by the
county
board or an employee of the same county board.
Sec. 5126.022. (A) Each county board of mental retardation
and
developmental disabilities shall hold an organizational
meeting
no later than the thirty-first day of January of each year
and
shall elect its officers, which shall include a president,
vice-president, and recording secretary. After its annual
organizational meeting, the board shall meet in such manner and at
such times as prescribed by rules adopted by the board, but the
board shall meet at least ten times annually in regularly
scheduled sessions in accordance with section 121.22 of the
Revised Code, not including in-service training sessions. A
majority of the board constitutes a quorum. The board shall
adopt
rules for the conduct of its business and a record shall be
kept
of board proceedings, which shall be open for public
inspection. (B) A board member shall be removed from the board by the
appointing authority for
neglect
any of the following reasons: (1) Neglect of duty, misconduct,
malfeasance, failure; (4) Failure to attend at least one in-service training
session each year, a violation of section 5126.021 of the Revised
Code, or upon
the; (5) The absence of a
member within one year from either four
regularly scheduled board
meetings or from two regularly scheduled
board meetings if the
member gave no prior notice of the member's
absence.
This The removal provision
specified in division (B)(5) of this
section
does not apply to absences from special meetings or work
sessions.
The The board
shall supply the board member and the member's
appointing authority with written notice of the charges against
the member
under this division. The appointing authority shall
afford the member an
opportunity for a hearing, in accordance with
procedures it
adopts, and shall, upon determining that the charges
are
accurate, remove the member and appoint another person to
complete the member's term. (C) The appointing authority shall remove a member if the
appointing authority receives written notice from any source that
reasonably demonstrates that the member is ineligible to serve on
the board pursuant to section 5126.021 of the Revised Code. A
resident of the county that the county board serves or the
director of mental retardation and developmental disabilities may
bring mandamus proceedings in the Franklin county court of appeals
or the court of appeals of the county that the county board serves
against an appointing authority that fails to remove a member in
accordance with this division. (D) A member removed from the board is ineligible for
reappointment for not less
than one year. When a member is
removed, the appointing authority shall
specify the time during
which the member is ineligible for reappointment. If
the member
is removed for failing to attend in-service training, the board
also shall specify the training the member must complete prior to
being
eligible for reappointment.
Sec. 5126.033. (A) A county board of mental retardation and
developmental
disabilities shall not enter into a direct services
contract unless the
contract is limited either to the actual
amount of the expenses or to a
reasonable and allowable amount
projected by the board. (B) A county board shall not enter into a direct
services
contract that would result in payment to a board member, former
board
member, employee, former employee, or member of the
immediate family of a
board member, former board member, employee,
or former employee if the person
who would receive services under
the contract stands to receive any
preferential treatment or any
unfair advantage over other eligible persons. (C) A county board shall not
enter into a direct services
contract for
services provided in accordance with section 5126.11
or sections
5126.40 to 5126.46 of the Revised Code under which an
individual,
agency, or other entity will employ a professional or
service
employee, as defined in section 5126.20 of the Revised
Code, who is also
an employee of that board unless all of the
following conditions are
met: (1) The employee is not in a capacity to influence the award
of the contract. (2) The employee has not attempted in any manner to secure
the contract on
behalf of the individual, agency, or other entity. (3)
The employee is in management level two or three
according to rules adopted by the director of mental retardation
and developmental disabilities.
(4) The employee
does
is not
hold any administrative or
supervisory position in the employ of
employed by the board, did
not hold
such a position during the period when the contract
was
is
developed,
as an administrator or supervisor responsible for
approving or supervising services to be provided under the
contract and agrees not to take such a position while the
contract
is in effect, regardless of whether the position is
related to the
services provided under the contract. (4)(5) The employee has not taken any actions that create
the
need for the services to be provided under the contract.
(5)(6) The individual, agency, or other entity seeks the
services of the
employee because of the employee's expertise and
familiarity with the care and
condition of one or more eligible
persons and
other individuals with such expertise and familiarity
are
unavailable, or an eligible person has requested to have the
services provided by that employee.
The superintendent of the county board shall notify
the
employee and the individual, agency, or other entity that
seeks
the employee's services of the ethics council's
determination
under section 5126.032 of the Revised Code regarding the
contract.
The council's determination shall be binding on all parties. The employee who is the subject of the contract shall
inform
the superintendent of the county board of any employment
the
employee has outside the county board that is with any
individual,
agency, or other entity that has a contract with the county board.
Sec. 5126.035. (A) As used in this section: (1) "Provider" means a person or government entity that
provides services to an individual with mental retardation or
other developmental disability pursuant to a service contract. (2) "Service contract" means a contract between a county
board of mental retardation and developmental disabilities and a
provider under which the provider is to provide services to an
individual with mental retardation or other developmental
disability. (B)
Each service contract that a county board of
mental
retardation and developmental disabilities enters into with
a
provider
shall do all of the following: (1) Comply with rules adopted under division (E) of this
section; (2) If the provider is to provide home and community-based
services, medicaid case management services, or habilitation
center services, comply with all applicable statewide medicaid
requirements; (3) Include a general operating agreement component and an
individual service needs addendum. (C) The general operating agreement component shall
include
all of the following: (1) The roles and responsibilities of the county board
regarding services for individuals with mental retardation or
other developmental disability who reside in the county the county
board serves; (2) The roles and responsibilities of the provider as
specified in the individual service needs addendum; (3) Procedures for the county board to monitor the
provider's services; (4) Procedures for the county board to evaluate the quality
of care and cost effectiveness of the provider's services; (5) Procedures for payment of eligible claims; (6) If the provider is to provide home and community-based
services, medicaid case management services, or habilitation
center services, both of the following: (a)
Procedures for reimbursement that conform to the
statewide reimbursement process and the county board's plan
submitted under section 5126.054 of the Revised Code;
(b) Procedures that ensure that the county board pays the
nonfederal share of the medicaid expenditures that the county
board is required by division (A) of section
5126.056
5126.057 of
the
Revised Code to pay. (7) Procedures for the county board to perform service
utilization reviews and the implementation of required corrective
actions; (8) Procedures for the provider to submit claims for
payment
for a service no later than three hundred thirty days
after the
date the service is provided; (9) Procedures for rejecting claims for payment that are
submitted after the time required by division (B)(9) of this
section; (10) Procedures for developing, modifying, and executing
initial and subsequent service plans. The procedures shall
provide for the provider's participation. (11) Procedures for affording individuals due process
protections; (12) General staffing, training, and certification
requirements that are consistent with state requirements and
compensation arrangements that are necessary to attract, train,
and
retain competent personnel to deliver the services pursuant to
the
individual service needs addendum; (13) Methods to be used to document services provided and
procedures for submitting reports the county board requires; (14) Methods for authorizing and documenting within
seventy-two hours changes to the individual service needs
addendum. The methods shall allow for changes to be initially
authorized verbally and subsequently in writing. (15) Procedures for modifying the individual service
needs
addendum in accordance with changes to the recipient's
individualized service plan; (16) Procedures for terminating the individual service
needs
addendum within thirty days of a request made by the
recipient; (17) A requirement that all parties to the contract accept
the contract's terms and conditions; (18) A designated contact person and the method of
contacting the designated person to respond to medical or
behavioral problems and allegations of major unusual incidents or
unusual incidents; (19) Procedures for ensuring the health and welfare of the
recipient; (20) Procedures for ensuring fiscal accountability and the
collection and reporting of programmatic data; (21) Procedures for implementing the mediation and
arbitration process under section 5126.036 of the Revised Code; (22) Procedures for amending or terminating the contract,
including as necessary to make the general operating agreement
component consistent with any changes made to the individual
service needs addendum; (23) Anything else allowable under federal and state law
that the county board and provider agree to. (D) The individual service needs addendum shall be
consistent with the general operating agreement component and
include all of the following: (1) The name of the individual with mental retardation or
other developmental disability who is to receive the services from
the provider and any information about the recipient that the
provider needs to be able to provide the services; (2) A clear and complete description of the services that
the recipient is to receive as determined using statewide
assessment tools; (3) A copy of the recipient's assessment and individualized
service plan; (4) A clear and complete description of the provider's
responsibilities to the recipient and county board in providing
appropriate services in a coordinated manner with other providers
and in a manner that contributes to and ensures the recipient's
health, safety, and welfare. (E) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code governing service contracts. A service contract
does not
negate the requirement that a provider of home and
community-based services, medicaid case management services, or
habilitation center services have a medicaid provider
agreement
with the department of job and family services.
Sec. 5126.036. (A) As used in this section: (1) "Aggrieved party" means any of the following: (a) The party to a service contract
that is aggrieved by an
action the other party has taken or not
taken under the service
contract; (b) A person or government entity aggrieved by the refusal
of a county board of mental retardation and developmental
disabilities to enter into a service contract with the person or
government entity; (c) A person or government entity aggrieved by termination
by a county board of mental retardation and development
disabilities of a service contract between the person or
government entity and the county board. (2) "Mediator/arbitrator" means either of the following: (a) An attorney at law licensed to practice law in this
state who is mutually selected by the parties under division
(B)(4) of this section to conduct mediation and arbitration; (b) A retired judge who is selected under division (B)(4)
of
this section to conduct mediation and arbitration. (3)
"Other party" means any of the following: (a) The party to a service contract that
has taken or not
taken an action under the service contract that
causes the
aggrieved party to be aggrieved; (b) A county board of mental retardation and developmental
disabilities that refuses to enter into a service contract with a
person or government entity; (c) A county board of mental retardation and developmental
disabilities that terminates a service contract. (4) "Parties" mean either of the following: (a) A county board of mental retardation and
developmental
disabilities and a provider that have or had a service
contract
with each
other; (b) A person or government entity that seeks a service
contract with a county board of mental retardation and
developmental disabilities and the county board that refuses to
enter into the service contract with the person or government
entity. (5) "Provider" means a person or government entity that
provides services to an individual with mental retardation or
other developmental disability pursuant to a service contract.
(6) "Service contract" means a contract between a county
board of mental retardation and developmental disabilities and a
provider under which the provider is to provide services to an
individual with mental retardation or other developmental
disability. (B) An aggrieved party that seeks to require the other
party
to take or cease an action under a service contract that
causes
the aggrieved party to be aggrieved, a person or
government
entity aggrieved by the refusal of a county board of
mental
retardation and developmental disabilities to enter into a
service
contract with the person or government entity, or a person
or
government entity aggrieved by a county board's termination of
a
service contract between the person or government entity and the
county board and the
other party shall follow the following
mediation and arbitration
procedures: (1) No later than thirty days after first notifying the
other party that the aggrieved party is aggrieved, the aggrieved
party shall file a written notice of
mediation and arbitration
with the department of mental retardation and developmental
disabilities and provide a copy
of the written notice to the other
party. The written notice shall include an
explanation of why the
aggrieved party is aggrieved. The department of mental
retardation and developmental disabilities shall provide the
department of job
and family services a copy of the notice. (2) In the case of parties that have a current service
contract with each other and unless otherwise agreed to by both
parties, the parties
shall continue to operate under the contract
in the manner they
have been operating until the mediation and
arbitration process,
including an appeal under division (B)(9) of
this section, if any,
is completed.
(3) During the thirty days following the date the aggrieved
party files the written notice of mediation and arbitration under
division (B)(1) of this section, the parties may attempt to
resolve the conflict informally. If the parties are able to
resolve the conflict informally within this time, the aggrieved
party shall rescind the written notice of mediation and
arbitration filed under division (B)(1) of this section. (4) No later than thirty days after the date the aggrieved
party files the written notice of mediation and arbitration under
division (B)(1) of this section, the parties shall mutually select
an attorney at law licensed to practice law in this state to
conduct the mediation and arbitration and
schedule the first
meeting of the mediation unless the parties
informally resolve the
conflict under division (B)(3) of this
section. If the parties
fail to select an attorney to conduct
the mediation and
arbitration within the required time, the
parties shall request
that the chief justice of the supreme court
of Ohio provide the
parties a list of five retired judges who are
willing to perform
the mediation and arbitration duties. The
chief justice shall
create such a list and provide it to the
parties. To select the
retired judge to conduct the mediation and
arbitration, the
parties shall take turns, beginning with the
aggrieved party,
striking retired judges from the list. The
retired judge
remaining on the list after both parties have each
stricken two
retired judges from the list shall perform the
mediation and
arbitration duties, including scheduling the first
meeting of
mediation if the parties are unable to agree on a date
for the
first meeting. (5) A stenographic record or tape recording and
transcript
of each mediation and arbitration meeting shall be
maintained as
part of the mediation and arbitration's official
records. The
parties shall share the cost of the mediation and
arbitration,
including the cost of the mediator/arbitrator's
services
but
excluding the cost of representation. (6) The first mediation meeting shall be held no later than
sixty days after the date the aggrieved party files the written
notice of mediation and arbitration under division (B)(1) of this
section unless the parties informally resolve the conflict under
division (B)(3) of this section or the parties mutually agree to
hold the first meeting at a later time. The mediation shall be
conducted in the manner the parties mutually agree. If the
parties are unable to agree on how the mediation is to be
conducted, the mediator/arbitrator selected under division (B)(4)
of
this section shall determine how it is to be conducted. The
rules
of evidence may be used. The mediator/arbitrator shall
attempt to
resolve the conflict through the mediation process.
The
mediator/arbitrator's resolution of the conflict may be
applied
retroactively. (7) If the conflict is not resolved through the mediation
process, the mediator/arbitrator shall arbitrate the
conflict.
The
parties shall present evidence to the mediator/arbitrator
in
the
manner
the mediator/arbitrator requires. The
mediator/arbitrator shall
render
a
written recommendation within
thirty days of the conclusion of the last arbitration meeting
based on the service contract,
applicable law,
and the
preponderance of the evidence presented
during the
arbitration.
The mediator/arbitrator's recommendation may be
applied
retroactively. If the parties agree, the mediator/arbitrator may
continue to attempt to resolve the conflict through mediation
while the mediator/arbitrator
arbitrates the conflict. (8) No later than thirty days after the mediator/arbitrator
renders a recommendation in an arbitration, the
mediator/arbitrator shall
provide the parties with a written
recommendation and forward a copy of the written recommendation,
transcripts from each arbitration meeting, and a copy of all
evidence presented to the mediator/arbitrator during the
arbitration to
the departments of mental retardation and
developmental
disabilities and job and family services. (9) No later than thirty days after the department of
mental
retardation and developmental disabilities receives the
mediator/arbitrator's recommendation and the materials required by
division
(B)(8) of this section, the department shall adopt,
reject, or
modify the mediator/arbitrator's recommendation
consistent with the mediator/arbitrator's findings of fact and
conclusions of law or remand any
portion of the recommendation to
the mediator/arbitrator for further findings
on a specific factual
or legal issue. The mediator/arbitrator shall complete the
further findings and provide the parties and the department with a
written response to the remand within sixty days of the date the
mediator/arbitrator receives the remand. On receipt of the
mediator/arbitrator's response to the remand, the department,
within thirty days, unless the parties agree otherwise, shall
adopt,
reject, or modify the mediator/arbitrator's response. The
department's
actions regarding the mediator/arbitrator's
recommendation and
response are a
final adjudication order subject
to appeal to the
court of common
pleas of Franklin county under
section 119.12 of
the Revised Code,
except that the court shall
consider only
whether the conclusions
of law the department adopts
are in
accordance with the law. (10) If the department of job and family services, in
consultation with the department of
mental retardation and
developmental disabilities, determines no later than thirty days
following the date the department of mental retardation and
developmental disabilities receives the mediator/arbitrator's
recommendation
and the materials required by division (B)(8) of
this section, or, if the recommendation is remanded under division
(B)(9) of this section, thirty days following the date the
department receives the response to the remand,
that any aspect of
the conflict between the parties affects the
medicaid program, the
department of mental retardation and
developmental disabilities
shall take all actions under division
(B)(9) of this section in
consultation with the department of job
and family services. (C) If the department of mental retardation and
developmental disabilities is aware of a conflict between a county
board of mental retardation and developmental disabilities and a
person or government entity that provides or seeks to provide
services to an individual with mental retardation or other
developmental disability to which the mediation and arbitration
procedures established by this section may be applied and that the
aggrieved party has not filed a written notice of mediation and
arbitration within the time required by division (B)(1) of this
section, the department may require that the parties implement the
mediation and arbitration procedures. (D) Each service contract shall provide for the parties to
follow the mediation and arbitration procedures established by
this section if a party takes or does not take an action under the
service contract that causes the aggrieved party to be aggrieved
or if the provider is aggrieved by the county board's termination
of the service contract.
Sec. 5126.042. (A) As used in this section: (1)
"Emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a
risk of
substantial self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include one or more of the following
situations: (a) Loss of present residence for any reason, including
legal
action; (b) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual; (c) Abuse, neglect, or exploitation of the individual; (d) Health and safety conditions that pose a serious risk to
the
individual or others of immediate harm or death; (e) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker. (2)
"Medicaid" has the same meaning as in section 5111.01 of
the Revised Code. (B) If a county board of mental
retardation and
developmental disabilities determines that
available resources are
not sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board may establish priorities for making placements on its
waiting lists according to an individual's emergency
status
and
shall establish priorities in accordance with division
(D) of this
section. The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
basis and
individuals who
have requested services for which
resources are
not available. Except for an individual who is to receive priority for
services pursuant to division (D)(3) of this section, an
individual who currently receives a service but would like
to
change
to another service shall not be placed on a waiting list
but shall be placed
on a service substitution list. The
board
shall work with the individual,
service providers, and all
appropriate entities to facilitate the change in
service as
expeditiously as possible. The board may establish priorities for
making placements on its service substitution lists
according to
an
individual's emergency
status. In addition to maintaining waiting lists and service
substitution lists,
a board shall maintain a long-term
service
planning registry for individuals
who wish to record their
intention
to request in the future a service they are not
currently receiving. The
purpose of the registry is to enable
the
board to document requests and to plan appropriately. The board
may not
place an individual on the registry who meets the
conditions for receipt of
services on an emergency
basis. (C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists: (1) Early childhood services; (2) Educational programs for preschool and school age
children; (4)
service
Service and support
administration; (5) Residential services and supported living; (6) Transportation services; (7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans; (8) Family support services provided under section 5126.11
of the Revised
Code. (D)
Except as provided in division
(E)(F) of this section, a
county board shall do, as priorities, all of the following in
accordance with the
assessment component, approved under section
5123.046 of the Revised Code, of the
county
board's plan
approved
developed
under section
5123.046
5126.054 of the Revised
Code
as
priorities: (1) For the purpose of obtaining additional federal
medicaid
funds for home and community-based services, medicaid
case
management services, and habilitation center services, do
both of
the following: (a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services: (i) Is twenty-two years of age or older; (ii) Receives supported living or family support services. (b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services: (i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services; (ii) Receives adult services from the county board. (2) As federal medicaid funds become available pursuant to
division (D)(1) of this section,
give an
individual who is
eligible for home and community-based services
and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section
other than an individual given priority under
division (D)(1) of this section: (a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older; (b) Is less than twenty-two years of age, does not receive
residential services or supported living, resides in the home of
the individual's family, and has at least one of the following
service needs that are
unusual in scope or intensity: (i) Severe behavior problems for
which a behavior support
plan is needed; (ii) An emotional disorder for which anti-psychotic
medication is needed; (iii) A medical condition that leaves the individual
dependent on life-support medical technology; (iv) A condition affecting multiple body systems for which
a
combination of specialized medical, psychological, educational,
or
habilitation services are needed; (v) A condition the county board determines to be
comparable
in severity to any condition described in division
(D)(1)
(2)(b)(i) to
(iv) of this section and places the individual at
significant risk
of institutionalization. (c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined
by
the
county board to have intensive needs for
residential
home and
community-based
services
on an in-home or out-of-home basis. (3) In fiscal years 2002 and 2003, give an individual who
is
eligible for home and community-based services, resides in an
intermediate care facility for the
mentally retarded or nursing
facility, chooses to move to
another
setting with the help of
home
and community-based services, and has been determined by the
department of mental retardation and developmental
disabilities to
be capable of residing in
the other setting, priority over any
other individual on a waiting list established under division (C)
of this section for home and community-based services who does not
meet these criteria. The department of mental retardation and
developmental disabilities shall identify the individuals to
receive priority under division (D)(3) of this section, assess the
needs of the individuals, and notify the county boards that are to
provide the individuals priority under division (D)(3) of this
section of the individuals identified by the department and the
individuals' assessed needs. (E)
If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) of this section, a county board may use, until
December 31, 2003, criteria specified in rules adopted under
division (J)(2) of this section in determining the order in which
the individuals with priority will be offered the services.
Otherwise, the county board shall offer the home and
community-based services to such individuals in the order they are
placed on the waiting list. (F)(1) No individual may receive priority for services
pursuant to division (D) of this section over an individual placed
on a waiting list established under division (C) of this section
on an emergency status. (2) No more than
two
four hundred individuals in the state
may
receive priority for services during
state fiscal years
the
2002 and
2003
biennium pursuant to division (D)(2)(b) of this
section. (3) No more than a total of
seventy-five individuals in the
state may
receive priority for
services during state fiscal years
2002 and
2003 pursuant to
division (D)(3) of this section. (F)(G) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules
that the
department of
mental retardation and developmental disabilities
shall adopt in
accordance with Chapter 119. of the Revised Code.
The
department's rules shall include procedures to be followed to
ensure that the due process rights of individuals placed on
waiting lists are not violated
adopted under division (J) of this
section.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed. At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists. When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed. (G)(H) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
community-based services provided through the
medicaid component
that the department of
mental retardation and developmental
disabilities administers
under
section 5111.871 of the
Revised
Code shall
receive services through
that
medicaid component. For
all other services, a child subject
to a
determination
made
pursuant to section 121.38 of the Revised Code
shall
be
treated as
an emergency by the county boards and shall
not be
subject to a
waiting list.
(H)(I) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(I)(J)(1) The department of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing waiting lists
established under this section. The rules shall include procedures
to be followed to ensure that the due process rights of
individuals placed on waiting lists are not violated.
(2) As part of the rules adopted under this division, the
department shall adopt, not later than November 15, 2001, rules
establishing criteria a county board may use under division (E) of
this section in determining the order in which individuals with
priority for home and community-based services will be offered
the
services. The rules shall also specify conditions under which
a
county board, when there is no individual with priority for home
and community-based services pursuant to division (D)(1) or (2) of
this section available and appropriate for the services, may offer
the services to an individual on a waiting list for the services
but not given such priority for the services. The rules adopted
under division (J)(2) of this section shall cease to have effect
December 31, 2003. (K) The following shall take precedence over the
applicable
provisions of this section: (1) Medicaid rules and regulations; (2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.046. (A) Each county board of mental retardation
and developmental disabilities that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for habilitation, vocational, or community
employment
services provided as part of home and community-based
services
shall create a list of all persons and government
entities
eligible to provide such habilitation, vocational, or
community
employment services. If the county board chooses and is
eligible
to provide such habilitation, vocational, or community
employment
services, the county board shall include itself on the
list. The
county board shall make the list available to each
individual with
mental retardation or other developmental
disability who resides
in the county and is eligible for such
habilitation, vocational,
or community employment services. The
county board shall also
make the list available to such
individuals' families. An individual with mental retardation or other
developmental
disability who is eligible for habilitation,
vocational, or
community employment services may choose the
provider of the
services. If a
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
habilitation, vocational, and community employment
services
provided as part of home and community-based services,
the county
board shall pay the nonfederal share of the
habilitation,
vocational, and community employment services when
required by
section
5126.056
5126.057 of the Revised Code. The
department
of mental
retardation and developmental disabilities
shall pay the
nonfederal share of such habilitation, vocational,
and community
employment services when required by section
5123.047 of the
Revised Code.
(B) Each month, the department of mental retardation and
developmental disabilities shall create a list of all persons and
government entities eligible to provide residential services and
supported living. The department shall include on the list all
residential facilities licensed under section 5123.19 of the
Revised Code and all supported living providers certified under
section 5126.431 of the Revised Code. The department shall
distribute the monthly lists to county boards that have local
administrative authority under division (A) of section 5126.055 of
the Revised Code for residential services and supported living
provided as part of home and community-based services. A county
board that receives a list shall make it available to each
individual with mental retardation or other developmental
disability who resides in the county and is eligible for such
residential services or supported living. The county board shall
also make the list available to the families of those individuals. An individual who is eligible for residential services or
supported living may choose the provider of the residential
services or supported living. If a
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
residential services and supported living provided as
part of home
and community-based services, the county board shall
pay the
nonfederal share of the residential services and supported
living
when required by section
5126.056
5126.057 of the Revised
Code. The
department shall pay the nonfederal share of the
residential
services and supported living when required by section
5123.047 of
the Revised Code.
(C) If a county board that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for home and community-based services violates
the right
established by this section of an individual to choose a
provider
that is qualified and willing to provide services to the
individual, the individual shall receive timely notice that the
individual may request a hearing under section 5101.35 of the
Revised Code. (D) The departments of mental retardation and developmental
disabilities and job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the
implementation of this section. The rules shall include
procedures for individuals to choose their service providers. The
rules shall not be limited by a provider selection system
established under section 5126.42 of the Revised Code, including
any pool of providers created pursuant to a provider selection
system.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall: (1) Administer and operate facilities, programs, and
services as provided by this chapter and Chapter 3323. of the
Revised Code and establish policies for their administration and
operation; (2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities; (3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code; (4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code; (5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director; (6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested; (7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits; (8) Provide
service and support administration in
accordance
with section
5126.046
5126.15 of the Revised
Code; (9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities. (B) To the extent that rules adopted under this section
apply to the identification and placement of handicapped children
under Chapter 3323. of the Revised Code, they shall be consistent
with the standards and procedures established under sections
3323.03 to 3323.05 of the Revised Code. (C) Any county board may enter into contracts with other
such boards and with public or private, nonprofit, or
profit-making agencies or organizations of the same or another
county, to provide the facilities, programs, and services
authorized or required, upon such terms as may be agreeable, and
in accordance with this chapter and Chapter 3323. of the Revised
Code and rules adopted thereunder and in accordance with sections
307.86 and 5126.071 of the Revised Code. (D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code. (E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements. (F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest. (G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes
all of the following
four
components: (1) An assessment component that includes all of the
following: (a) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded, may seek home and community-based services,
are
given priority for the services pursuant to division (D) of
section 5126.042 of the Revised Code; the service needs of those
individuals; and the projected
annualized cost for services; (b) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by division (A) of section
5126.056
5126.057 of
the
Revised Code to pay; (c) Any other applicable information or conditions that the
department of mental retardation and developmental disabilities
requires as a condition of approving the
plan
component under
section
5123.046 of the Revised Code. (2) A component that provides for the recruitment,
training,
and retention of existing and new direct care staff
necessary to
implement services included in individualized service
plans,
including behavior management services and health
management
services such as delegated nursing and other
habilitation
center
services, and protect the health and welfare
of
individuals
receiving services included in the individual's
individualized
service plan by complying with safeguards for
unusual and major
unusual incidents, day-to-day program
management, and other
requirements the department shall identify.
A county board shall
develop this component in collaboration with
providers of
medicaid-funded services with which the county board
contracts. A
county board shall include all of the following in
the component: (a) The source and amount of funds available for the
component; (b) A plan and timeline for implementing the component with
the medicaid providers under contract with the county board;
(c) The mechanisms the county board shall use to ensure the
financial and program accountability of the medicaid provider's
implementation of the component. (3)
A preliminary implementation component that specifies the
number of individuals to be provided, during the first year that
the plan
is in effect, home and community-based services pursuant
to the
priority given to them under divisions (D)(1) and (2) of
section
5126.042 of the Revised Code and the types of home and
community-based services the individuals are to receive;
(4) A component that provides for the implementation of
habilitation center services, medicaid case management services,
and home and community-based services for individuals who begin to
receive the services on or after the date the plan is approved
under section 5123.046 of the Revised Code. A county board shall
include all of the following in the component: (a) If the department of mental retardation and
developmental disabilities or department of job and family
services requires, an agreement to pay the nonfederal share of
medicaid expenditures that the county board is required by
division (A) of section
5126.056
5126.057 of the Revised Code to
pay; (b) How the services are to be phased in over the period
the
plan covers, including how the county board will serve
individuals
on a waiting list established under division (C) of
section
5126.042 who are given priority status under division
(D)(1)
of
that section; (c) Any agreement or commitment regarding the county
board's
funding of home and community-based services that the
county board
has with the department at the time the county board
develops the
component; (d) Assurances adequate to the department that the county
board will comply with all of the following requirements: (i)
To provide the types of home and community-based services
specified in the preliminary implementation component required by
division (A)(3) of this section to at least the number of
individuals specified in that component;
(ii) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county; (ii)(iii) To employ a business manager who is either a new
employee who has earned at least a bachelor's degree in business
administration or a current employee who has the equivalent
experience of a bachelor's degree in business administration. If
the county board will employ a new employee, the county board
shall include in the component a timeline for employing the
employee.
(iii)(iv) To employ or contract with a medicaid services
manager
who is either a
new employee who has earned at least a
bachelor's
degree or a
current employee who has the equivalent
experience of
a bachelor's
degree. If the county board will
employ a new
employee, the
county board shall include in the
component a
timeline for
employing the employee. Two or three
county boards
that have a combined total enrollment in county
board services not
exceeding one thousand individuals as
determined pursuant to
certifications made under division (B) of
section 5126.12 of the
Revised Code may satisfy this requirement
by sharing the services
of a medicaid services manager or using
the services of a medicaid
services manager employed by or under
contract with a regional
council that the county boards establish
under section 5126.13 of
the Revised Code.
(e) An agreement to comply with the method, developed by
rules adopted under
section 5123.0413 of the Revised Code, of
paying for extraordinary costs, including extraordinary costs for
services to individuals with mental retardation or other
developmental disability, and ensuring the availability of
adequate funds in the event a county property tax levy for
services for individuals with mental retardation or other
developmental disability fails; (f) Programmatic and financial accountability measures and
projected outcomes expected from the
implementation of the plan; (g) Any other applicable information or conditions that the
department requires as a condition of approving the
plan
component
under
section 5123.046 of the Revised Code. (B) For the purpose of obtaining the department's approval
under section 5123.046 of the Revised Code of the plan the county
board develops under division (A) of this section, a county board
shall do
both
all of the following: (1) Submit the components required by divisions (A)(1) and
(2) of this section to the department not later than August 1,
2001; (2)
Submit the component required by division (A)(3) of this
section to the department not later than January 31, 2002; (3) Submit the component required by division (A)(3)(4) of
this
section to the department not later than
November
July 1,
2001
2002. (C) A county board whose plan developed under division (A)
of this section is approved by the department under section
5123.046 of the Revised Code shall update and renew the plan in
accordance with a schedule the department shall develop.
Sec. 5126.055.
(A) Except as provided in
division (G) of
this section
5126.056 of the Revised Code, a county board of
mental retardation and
developmental disabilities
with an approved
plan under section
5123.046 of the Revised Code has medicaid local
administrative
authority to, and shall,
do all of the following
for an individual
with mental retardation
or other developmental
disability who
resides in the county that
the county board serves
and seeks or
receives home and
community-based services: (1) Perform assessments and evaluations of the individual.
As part of the
assessment and evaluation process, the county board
shall do all
of the following: (a) Make a recommendation to the department of mental
retardation and developmental disabilities on whether the
department should approve or deny the individual's application for
the services, including on the basis of whether the individual
needs the level of care an intermediate care facility for the
mentally retarded provides; (b) If the individual's application is denied because of the
county board's recommendation and the individual requests a
hearing under section 5101.35 of the Revised Code, present, with
the department of mental retardation and developmental
disabilities or department of job and family services, whichever
denies the application, the reasons for the recommendation and
denial at the hearing; (c) If the individual's application is approved, recommend
to the departments of mental retardation and developmental
disabilities and job and family services the services that should
be included in the individual's individualized service plan and,
if either department approves, reduces, denies, or terminates a
service
included in the individual's individualized service plan
under
section 5111.871 of the Revised Code because of the county
board's
recommendation, present, with the department that made the
approval, reduction, denial, or termination, the reasons for the
recommendation and approval, reduction, denial, or termination at
a hearing
under section 5101.35 of the Revised Code. (2) If the individual has been identified by the department
of mental retardation and developmental disabilities as an
individual to receive priority for home and community-based
services pursuant to division (D)(3) of section 5126.042 of the
Revised Code, assist the department in expediting the transfer of
the individual from an intermediate care facility for the mentally
retarded or nursing facility to the home and community-based
services; (3)
In accordance with the rules adopted under section
5126.046 of the Revised Code, perform the county board's duties
under that section regarding assisting the individual's right to
choose a qualified and willing provider of the services and, at a
hearing under section 5101.35 of the Revised Code, present
evidence of the process for appropriate assistance in choosing
providers; (4) Unless the county board provides the services under
division (A)(5) of this section, contract with the person or
government entity the individual chooses in accordance with
section 5126.046 of the Revised Code to provide the services if
the person or government entity is qualified and agrees to provide
the services. The contract shall contain all the provisions
required by section
5126.057
5126.035 of the Revised Code and
require the
provider to agree to
furnish, in accordance with the
provider's
medicaid provider
agreement and for the authorized
reimbursement
rate, the services
the individual requires. (5) If the county board is certified under section
5123.045
of the Revised Code to provide the services and agrees to
provide
the services to the individual and the individual chooses
the
county board to provide the services, furnish, in accordance
with
the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires; (6) Monitor the services provided to the individual and
ensure the individual's health, safety, and welfare. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services. (7) Develop, with the individual and the provider of the
individual's services, an effective individualized service plan
that includes coordination of services, recommend that the
departments of mental retardation and developmental disabilities
and job and family services approve the plan, and implement the
plan unless either department disapproves it; (8) Have an investigative agent conduct investigations under
section 5126.313 of the Revised Code that concern the individual; (9) Have a service and support administrator perform the
duties under division (B)(9) of section 5126.15 of the Revised
Code that concern the individual. (B) Except as provided in
division (G) of this section
5126.056 of the Revised Code, a
county board
with an approved plan
under section 5123.046 of the
Revised Code has medicaid local
administrative authority to, and
shall, do all of the
following
for an individual with mental
retardation or other
developmental
disability who resides in the
county that the county
board serves
and seeks or receives medicaid
case management
services or
habilitation center services, other
than habilitation
center
services for which a school district is
required by
division (E)
of section 5111.041 of the Revised Code
to pay the
nonfederal
share: (1) Perform assessments and evaluations of the individual
for the purpose of recommending to the departments of mental
retardation and developmental disabilities and job and family
services the services that should be included in the individual's
individualized service plan; (2) If the department of mental retardation and
developmental disabilities or department of job and family
services approves, reduces, denies, or terminates a service
included in the
individual's individualized service plan under
section 5111.041 or
5111.042 of the Revised Code because of the
county board's
recommendation under division (B)(1) of this
section, present,
with the department that made the approval,
reduction, denial, or
termination, the reasons for the
recommendation and approval, reduction,
denial, or termination at
a hearing under section 5101.35 of the
Revised Code and inform the
individual that the individual may
file a complaint with the
county board under section 5126.06 of
the Revised Code at the same
time the individual pursues an appeal
under section 5101.35 of the
Revised Code; (3) In accordance with rules the departments of mental
retardation and developmental disabilities and job and family
services shall adopt in accordance with Chapter 119. of the
Revised Code governing the process for individuals to choose
providers of medicaid case management services and habilitation
center services, assist the individual in choosing the provider of
the services. The rules shall provide for both of the following: (a) The county board providing the individual up-to-date
information about qualified providers that the department of
mental retardation and developmental disabilities shall make
available to the county board; (b) If the individual chooses a provider who is qualified
and willing to provide the services but is denied that provider,
the individual receiving timely notice that the individual may
request a hearing under section 5101.35 of the Revised Code and,
at the hearing, the county board presenting evidence of the
process for appropriate assistance in choosing providers. (4) Unless the county board provides the services under
division (B)(5) of this section, contract with the person or
government entity that the individual chooses in accordance with
the rules adopted under division (B)(3) of this section to provide
the services if the person or government entity is qualified and
agrees to provide the services. The contract shall contain all
the provisions required by section
5126.057
5126.035 of the
Revised Code
and require the
provider to agree to furnish, in
accordance with
the provider's
medicaid provider agreement and for
the authorized
reimbursement
rate, the services the individual
requires. (5) If the county board is certified under section
5123.041
of the Revised Code to provide the services and agrees to
provide
the services to the individual and the individual chooses
the
county board to provide the services, furnish, in accordance
with
the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires; (6) Monitor the services provided to the individual. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services. (7) Develop with the individual and the provider of the
individual's services, and with the approval of the departments of
mental retardation and developmental disabilities and job and
family services, implement an effective plan for coordinating the
services in accordance with the individual's approved
individualized service plan; (8) Have an investigative agent conduct investigations under
section 5126.313 of the Revised Code that concern the individual; (9) Have a service and support administrator perform the
duties under division (B)(9) of section 5126.15 of the Revised
Code that concern the individual. (C) A county board shall perform its medicaid local
administrative
authority under this section in accordance with all
of the
following: (1) The county board's plan that the department of mental
retardation and developmental disabilities approves under section
5123.046 of the Revised Code; (2) All applicable federal and state laws; (3) All applicable policies of the departments of mental
retardation and developmental disabilities and job and family
services and the United States department of health and human
services; (4) The department of job and family services' supervision
under its authority under section 5111.01 of the Revised Code to
act as the single state medicaid agency; (5) The department of mental retardation and developmental
disabilities' oversight. (D) The departments of mental retardation and developmental
disabilities and job and family services shall communicate with
and provide training to county boards regarding medicaid local
administrative authority granted by this section. The
communication and training shall include issues regarding audit
protocols and other standards established by the United States
department of health and human services that the departments
determine appropriate for communication and training. County
boards shall participate in the training. The departments shall
assess the county board's compliance against uniform standards
that the departments shall establish. (E) A county board may not delegate its medicaid local
administrative authority granted under this section but may
contract with a person or government entity, including a council
of governments, for assistance with its medicaid local
administrative
authority. A county board that enters into such a
contract shall
notify the director of mental retardation and
developmental
disabilities. The notice shall include the tasks
and
responsibilities that the contract gives to the person or
government entity. The person or government entity shall comply
in full with all requirements to which the county board is subject
regarding the person or government entity's tasks and
responsibilities under the contract. The county
board remains
ultimately responsible for the tasks and responsibilities. (F) A county board that has medicaid local administrative
authority
under this section shall, through the departments of
mental
retardation and developmental disabilities and job and
family
services, reply to, and cooperate in arranging compliance
with, a
program or fiscal audit or program violation exception
that a
state or federal audit or review discovers. The department
of job
and family services shall timely notify the department of
mental
retardation and developmental disabilities and the county
board of
any adverse findings. After receiving the notice, the
county
board, in conjunction with the department of mental
retardation
and developmental disabilities, shall cooperate fully
with the
department of job and family services and timely prepare
and send
to the department a written plan of correction or
response to the
adverse findings. The county board is liable for
any adverse
findings that result from an action it takes or fails
to take in
its implementation of medicaid local administrative
authority. (G)(1) If the department of mental retardation and
developmental disabilities or department of job and family
services determines that a county board's implementation of its
medicaid local administrative authority under this section is
deficient,
the department that makes the determination shall
require that
county board do the following: (a)(1) If the deficiency affects the health, safety, or
welfare
of an individual with mental retardation or other
developmental
disability, correct the deficiency within
twenty-four hours;
(b)(2) If the deficiency does not affect the health, safety,
or
welfare of an individual with mental retardation or other
developmental disability, receive technical assistance from the
department or submit a plan of correction to the
department that
is acceptable to the department within sixty days
and correct the
deficiency within the time required by the plan of
correction.
(2) If the county board fails to correct a deficiency
within
the time required by division (G)(1) of this section to the
satisfaction of the department, or submit an acceptable plan of
correction within the time required by division (G)(1)(b) of this
section, the department shall issue an order terminating the
county board's medicaid local administrative authority over all or
part of home and community-based services, medicaid managed care
services, habilitation center services, all or part of two of
those services, or all or part of all three of those services.
The
department shall provide a copy of the order to the board of
county commissioners, probate judge, county auditor, and president
and superintendent of the county board. The department shall
specify in the order the medicaid local administrative authority
that the department is terminating, the reason for the
termination, and the county board's option and responsibilities
under this division.
A county board whose medicaid local administrative authority
is terminated may, no later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority.
If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation,
the department shall appoint an administrative receiver to
administer the services for which the county board's medicaid
local administrative authority is terminated. To the extent
necessary for the department to appoint an administrative
authority, the department may utilize employees of the department,
management personnel from another county board, or other
individuals who are not employed by or affiliated with in any
manner a person or government entity that provides home and
community-based services, medicaid case management services, or
habilitation center services pursuant to a contract with any
county board. The administrative receiver shall assume full
administrative responsibility for the county board's services for
which the county board's medicaid local administrative authority
is terminated.
The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan.
The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(B) of section 5126.056 of the Revised Code to pay the nonfederal
share of the services that the county board is required by
division (A) of that section to pay. The county board shall
transfer control of the funds to the contracting authority or
administrative
receiver administering the services. The amount
the county board
shall transfer shall be the amount necessary for
the contracting
authority or administrative receiver to fulfill
its duties in
administering the services, including its duties to
pay its
personnel for time worked, travel, and related matters.
If
the
county board fails to make the transfer, the department may
withhold the state and federal funds from the county board and
bring a mandamus action against the county board in the court of
common pleas of the county served by the county board or in the
Franklin county court of common pleas. The mandamus action may not
require that the county board transfer any funds other than the
funds the county board is required by division (G)(2) of this
section to transfer.
The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.056. (A) The department of mental retardation and
developmental disabilities shall take action under division (B) of
this section against a county board of mental retardation and
developmental disabilities if any of the following are the case:
(1) The county board fails to submit to the department all
the components of its three-year plan required by section 5126.054
of the Revised Code within the time required by division (B) of
that section.
(2) The department disapproves the county board's
three-year plan under section 5123.046 of the Revised Code.
(3) The county board fails, as required by division (C) of
section 5126.054 of the Revised Code, to update and renew its
three-year plan in accordance with a schedule the department
develops under that section.
(4) The county board fails to implement its initial or
renewed three-year plan approved by the department.
(5) The county board fails to correct a deficiency within
the time required by division (G) of section 5126.055 of the
Revised Code to the satisfaction of the department.
(6) The county board fails to submit an acceptable plan of
correction to the department within the time required by division
(G)(2) of section 5126.055 of the Revised Code.
(B) If required by division (A) of this section to take
action against a county board, the department shall issue an order
terminating the county board's medicaid local administrative
authority over all or part of home and community-based services,
medicaid case management services, habilitation center services,
all or part of two of those services, or all or part of all three
of those services. The department shall provide a copy of the
order to the board of county commissioners, probate judge, county
auditor, and president and superintendent of the county board.
The
department shall specify in the order the medicaid local
administrative authority that the department is terminating, the
reason for the termination, and the county board's option and
responsibilities under this division.
A county board whose medicaid local administrative authority
is terminated may, not later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority.
If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation,
the department shall appoint an administrative receiver to
administer the services for which the county board's medicaid
local administrative authority is terminated. To the extent
necessary for the department to appoint an administrative
receiver, the department may utilize employees of the department,
management personnel from another county board, or other
individuals who are not employed by or affiliated with in any
manner a person that provides home and
community-based services,
medicaid case management services, or
habilitation center services
pursuant to a contract with any
county board. The administrative
receiver shall assume full
administrative responsibility for the
county board's services for
which the county board's medicaid
local administrative authority
is terminated.
The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan.
The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(B) of section 5126.057 of the Revised Code to pay the nonfederal
share of the services that the county board is required by
division (A) of that section to pay. The county board shall
transfer control of the funds to the contracting authority or
administrative receiver administering the services. The amount
the county board shall transfer shall be the amount necessary for
the contracting authority or administrative receiver to fulfill
its duties in administering the services, including its duties to
pay its personnel for time worked, travel, and related matters.
If
the county board fails to make the transfer, the department may
withhold the state and federal funds from the county board and
bring a mandamus action against the county board in the court of
common pleas of the county served by the county board or in the
Franklin county court of common pleas. The mandamus action may
not require that the county board transfer any funds other than
the funds the county board is required by division (B) of this
section to
transfer.
The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.056
5126.057. (A) A county board of mental
retardation and
developmental disabilities that has medicaid local
administrative
authority
under division (A) of section 5126.055 of
the Revised
Code for
home and community-based services shall pay
the
nonfederal share of
medicaid expenditures for such services
provided to an individual
with mental retardation or other
developmental disability who the
county board determines under
section 5126.041 of the Revised Code
is eligible for county board
services unless division (C)(2) of section 5123.047 of the Revised
Code requires the department of mental retardation and
developmental disabilities to pay the nonfederal share. A county board that has medicaid local administrative
authority under
division (B) of section 5126.055 of the Revised
Code for medicaid
case management services shall pay the
nonfederal share of
medicaid expenditures for such services
provided to an individual
with mental retardation or other
developmental disability who the
county board determines under
section 5126.041 of the Revised Code
is eligible for county board
services unless division (B)(2) of
section 5123.047 of the Revised
Code requires the department of
mental retardation and
developmental disabilities to pay the
nonfederal share. A county board shall pay the nonfederal share of medicaid
expenditures for habilitation center services when required to do
so by division (D) of section 5111.041 of the Revised Code. (B) A county board may use the following funds to pay the
nonfederal share of the services that the county board is required
by division (A) of this section to pay: (1) To the extent consistent with the levy that generated
the taxes, the following taxes: (a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code; (b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board to pay the nonfederal share of the services. (2) Funds that the department of mental retardation and
developmental disabilities distributes to the county board under
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the
Revised Code; (3) Funds that the department allocates to the county board
for habilitation center services provided under section 5111.041
of the Revised Code; (4) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement. (C) If by December 31, 2001, the United States secretary of
health and human services approves at least five hundred
more
slots for home and community-based
services for calendar year 2002
than were available for calendar year 2001, each county board
shall
provide, by the last day of calendar year 2001, assurances
to the
department of mental retardation
and developmental
disabilities
that the county board will have for calendar year
2002 at least
one-third of the value of one-half, effective mill
levied in the
county the preceding year available to pay the
nonfederal share
of
the
services that the county board is required
by division (A)
of
this
section to pay.
If by December 31, 2002, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2003 than were available for calendar
year 2002, each county board shall provide, by the last day of
calendar year 2002, assurances to the department that the county
board will have for calendar year 2003 at least two-thirds of the
value of one-half, effective mill levied in the county the
preceding year available to pay the nonfederal share of the
services that the county board is required by division (A) of this
section to pay.
If by December 31, 2003, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2004 than were available for calendar
year 2003, each county board shall provide, by the last day of
calendar year 2003 and each calendar year thereafter, assurances
to the department that the county board will have for calendar
year 2004 and each calendar year thereafter at least the value of
one-half, effective mill levied in the county the preceding year
available to pay the nonfederal share of the services that the
county board is required by division (A) of this section to pay. (D) Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the services that the county board is
required by division (A) of this section to pay. The amount
specified shall be adequate to assure that the services will be
available in the county in a manner that conforms to all
applicable state and federal laws. A county board shall state in
its resolution that the payment of the nonfederal share represents
an ongoing financial commitment of the county board. A county
board shall adopt the resolution in time for the county auditor to
make the determination required by division (E) of this section. (E) Each year, a county auditor shall determine whether the
amount of funds a county board specifies in the resolution it
adopts under division (D) of this section will be available in the
following year for the county board to pay the nonfederal share of
the services that the county board is required by division (A) of
this section to pay. The county auditor shall make the
determination not later than the last day of the year before the
year in which the funds are to be used.
Sec. 5126.06. (A) Except as provided in division (B) of
this section
and section
5126.035
5126.036 of the Revised Code,
any person
who has a complaint involving any of the
programs,
services,
policies, or administrative practices of a
county board
of mental
retardation and developmental disabilities
or any of the
entities
under contract with the county board, may
file a
complaint with
the board. Prior to commencing a civil
action
regarding the
complaint, a person shall attempt to have
the
complaint resolved
through the administrative resolution
process
established in the
rules adopted under section 5123.043
of the
Revised Code. After
exhausting the administrative
resolution
process, the person may
commence a civil action if the
complaint
is not settled to the
person's satisfaction. (B) An employee of a county board may not file
under this
section a complaint related to the terms and conditions of
employment of the employee.
Sec. 5126.14. The entity responsible for the habilitation
management included in adult day habilitation services, the
program management included in,
residential services, and the
program management included in supported living shall provide
administrative oversight by doing all of the following: (A) Having available supervisory personnel to monitor and
ensure implementation of all interventions in accordance with
every individual service plan implemented by the staff who work
with the individuals receiving the services; (B) Providing appropriate training and technical assistance
for all staff who work with the individuals receiving services; (C) Communicating with service and support administration
staff for the purpose of coordinating activities to ensure that
services are provided to individuals in accordance with individual
service plans and intended outcomes; (D) Monitoring for
unusual and major unusual incidents and
cases of
abuse, neglect,
or exploitation, or misappropriation of
funds involving the individual under the
care of staff who are
providing the services; taking immediate
actions as necessary to
maintain the health, safety, and welfare
of the individuals
receiving the services; and providing notice of
unusual and
major
unusual incidents and suspected cases of abuse, neglect,
or
exploitation, or misappropriation of funds to the
investigative
agent for the county board of
mental retardation and developmental
disabilities; (E) Performing other administrative duties as required by
state or federal law or by the county board of mental retardation
and developmental disabilities through contracts with providers.
Sec. 5126.15. (A) A county board of mental retardation
and
developmental disabilities shall provide service and support
administration to each individual
three years of age or older who
is
eligible for
other services of the board
and requests service
and support administration.
A board shall provide service and
support administration to each individual receiving home and
community-based services. A board may provide, in accordance
with
the service coordination requirements of 34 C.F.R. 303.23,
service
and support administration to an individual under three
years of
age eligible for early intervention services under 34
C.F.R. part
303. A board may provide
service and support
administration to an
individual who is not
eligible for other
services of the board.
Service and support
administration shall
be provided in accordance
with rules adopted
under section 5126.08
of the Revised Code. A board may provide service and support administration by
directly employing service and support administrators or by
contracting with entities for the performance of service and
support administration. Individuals employed or under contract as
service and support administrators shall not be in the same
collective bargaining unit as employees who perform duties that
are not administrative. Individuals employed by a board as service and support
administrators shall not be assigned responsibilities for
implementing
other services for individuals and shall
not be
employed by
or serve in a decision-making or
policy-making
capacity for any
other
entity that
provides programs or
services
to individuals
with mental
retardation
or developmental
disabilities.
An
individual
employed as a conditional status
service and support
administrator
shall perform the duties of
service and support
administration
only under the supervision of a
management employee
who is a
service and support administration
supervisor or a
professional
employee who is a service and support
administrator. (B) The individuals employed by or under contract with a
board to provide service and support administration shall do all
of the following: (1) Establish an individual's eligibility for the services
of the county board of mental retardation and developmental
disabilities; (2) Assess individual needs for services; (3) Develop individual service plans with the active
participation of the individual to be served, other persons
selected by the individual, and, when applicable, the provider
selected by the individual, and recommend the plans for approval
by the department of mental retardation and developmental
disabilities when services included in the plans are funded
through medicaid; (4) Establish budgets for services based on the individual's
assessed needs and preferred ways of meeting those needs; (5) Assist individuals in making selections from among the
providers they have chosen; (6) Ensure that services are effectively coordinated and
provided by appropriate providers; (7) Establish and implement an ongoing system of monitoring
the implementation of individual service plans to achieve
consistent implementation and the desired outcomes for the
individual; (8) Perform quality assurance reviews as a distinct function
of service and support administration; (9) Incorporate the results of quality assurance reviews and
identified trends and patterns of unusual incidents and major
unusual incidents into amendments of an individual's service plan
for the purpose of improving and enhancing the quality and
appropriateness of services rendered to the individual; (10) Ensure that each individual receiving services has a
designated person who is responsible on a continuing basis for
providing the individual with representation, advocacy, advice,
and assistance related to the day-to-day coordination of services
in accordance with the individual's service plan. The service and
support administrator shall give the individual receiving services
an opportunity to designate the person to provide daily
representation. If the individual declines to make a designation,
the administrator shall make the designation. In either case, the
individual receiving services may change at any time the person
designated to provide daily representation. (C) Subject to available funds, the department of mental
retardation and developmental disabilities shall pay a county
board
an annual subsidy for
service and support
administration.
The amount of the
subsidy shall
be
equal to the
greater of twenty
thousand dollars or two hundred
dollars times
the board's
certified average daily membership. The
payments
shall be
made in
semiannual installments, which shall be
made no
later
than the
thirty-first day of August and the
thirty-first day
of
January.
Funds received shall be used solely
for
service and support
administration.
Sec. 5126.17. (A)(1)
Annually, on
On the request of the
director of mental
retardation and developmental disabilities, the
tax commissioner
shall provide to the department of mental
retardation and
developmental disabilities information specifying
each county's
taxable value. (2) On request of the director, each county auditor shall
submit a certified report to the department specifying the
county's taxes and the aggregate rate of tax authorized to be
levied by the board of county commissioners pursuant to division
(L) of section 5705.19 and section 5705.222 of the Revised Code
or
the aggregate rate of tax authorized pursuant to that division
and
that section and certified to the county auditor under
section
319.30 of the Revised Code. Tax information submitted by
the
county auditor shall be obtained from the most recent tax
year for
which the information is available. (3) The director may request any other tax information
necessary for purposes of sections 5126.16 to 5126.18 of the
Revised Code. (B) Using the information obtained under this section and
each board's
enrollment, the
department shall
annually determine,
for fiscal year 2004 and each fiscal year thereafter, the
hypothetical statewide
average revenue per enrollee and, for each
county board, the
hypothetical local revenue per enrollee.
This
division applies
only in those years in which the director
determines that the
department will implement section 5126.18 of
the Revised Code.
Sec. 5126.18. (A)
The
For fiscal year 2004 and each fiscal
year thereafter, the department of mental retardation and
developmental
disabilities
shall pay to each county board of
mental
retardation and developmental disabilities whose
hypothetical
local revenue per enrollee is less than the
hypothetical
statewide
average revenue per enrollee the amount
computed under division
(B) of this section.
Payments shall be
made
on or
before the thirtieth day of
September. (B) Except as provided in division (C) of this section,
the
amount to be paid to a county board shall be equal to the
following: (1) If the county board's effective tax rate is equal to
or
greater than one mill, the product obtained
by multiplying the
following two quantities: (a) The amount by which the hypothetical statewide average
revenue per enrollee exceeds the county board's hypothetical
local
revenue per enrollee; (b) The county board's infant and adult enrollment. (2) If the county board's effective tax rate is less than
one mill, the product obtained by multiplying
the following three
quantities: (a) The amount by which the hypothetical statewide average
revenue per enrollee exceeds the county board's hypothetical
local
revenue per enrollee; (b) The county board's infant and adult enrollment; (c) The quotient obtained by dividing the county board's
effective tax rate by one mill. (C)(1) For each individual who is enrolled in active
treatment under the community alternative funding system as
defined in section 5126.12 of the Revised Code, the
department may
reduce the portion of the payment made under this
section for
that
individual by fifty per cent or less. (2) If, in any year, an appropriation by the general
assembly to the department for purposes of this
section is less
than the total amount required to make, in full,
the payments as
determined under and authorized by this section,
the department
shall pay each county board the same percentage of
the board's
payment as determined under this section without
regard to this
division that the amount of the appropriation
available for
purposes of this section is of the total amount of
payments as
determined under this section without regard to this
division. (3) Payments made to a county board pursuant to this section
shall not exceed
thirty per cent of the payments made to that
board pursuant to section 5126.12
of the Revised Code. (D) Payments made under this section are supplemental to
all
other state or federal funds for which county boards are
eligible
and shall be made from funds appropriated for purposes
of this
section.
A county board shall use the payments
solely
to pay
the nonfederal share of
medicaid expenditures that division (A) of
section
5126.056
5126.057 of the
Revised Code requires the county
board to
pay. (E) Each county board that receives a payment under this
section shall, for each year it receives a payment, certify to
the
department that it will make a good faith effort to obtain
revenues, including federal funds, for services to individuals
included in its infant and adult enrollment.
Sec. 5126.19. (A) The director of mental retardation and
developmental disabilities may grant temporary funding from the
community mental retardation and developmental disabilities trust
fund
based on allocations to
a county
board
boards of mental
retardation and developmental
disabilities.
With the consent of
the county board, the
The director
may distribute all or part of
the funding directly to
a county board, the persons
who provide
the services for which the funding is granted, or persons with
mental retardation or developmental disabilities who are to
receive those services. (B) Funding granted under this section shall be granted
according to the availability of moneys in the fund and
priorities
established by the director. Funding may be granted
for any of
the following purposes: (1) Behavioral or short-term interventions for persons
with
mental retardation or developmental disabilities that assist
them
in remaining in the community by preventing
institutionalization; (2) Emergency respite care services, as defined in section
5126.11 of the Revised Code; (3) Family support services provided under section
5126.11
of the Revised Code; (4) Supported living, as defined in section 5126.01 of the
Revised Code; (5) Staff training for county board employees, employees
of
providers of residential services as defined in section
5126.01 of
the Revised Code, and other personnel under contract
with a county
board, to provide the staff with necessary training
in serving
mentally retarded or developmentally disabled persons
in the
community; (6) Short-term provision of early childhood services
provided under section 5126.05, adult services provided under
sections 5126.05 and 5126.051, and
service and support
administration provided under section 5126.15
of the Revised Code,
when local
moneys are insufficient to meet
the need for such
services due to
the successive failure within a
two-year period of
three or more
proposed levies for the services; (7) Contracts with providers of residential services to
maintain persons with mental retardation and developmental
disabilities in their programs and avoid institutionalization. (C) If the trust fund contains more than ten million
dollars
on the first day of July the director shall use one
million
dollars for payments under section 5126.12 of the Revised
Code,
one million dollars for payments under section 5126.18 of
the
Revised Code, and two million dollars for payments under
section
5126.44 of the Revised Code. Distributions of funds
under this
division shall be made prior to August 31 of the state
fiscal year
in which the funds are available. The funds shall be
distributed
allocated
to a county board in an amount equal to the same
percentage of the
total amount
distributed for the services that
allocated to
the county board
received in the immediately
preceding state
fiscal year.
Sec. 5126.221. Each county board of mental retardation
and
developmental disabilities shall employ at least one
investigative
agent or contract with a person or government
entity, including
another county board of mental retardation and
developmental
disabilities or a regional council established under
section
5126.13 of the Revised Code, for the services of an
investigative
agent. Neither a county board nor a person or
government entity
with which a county board contracts for the
services of an
investigative agent shall assign any duties to an
investigative
agent other than conducting investigations under
section 5126.313
of the Revised Code. All investigative agents shall be trained in civil and
criminal investigatory practices
and. The person responsible
for
supervising the work of the investigative agents shall report
directly to a county
board's superintendent
regarding the
investigative agents.
No No investigative agent shall do anything
that interferes with
the investigative agent's objectivity in
conducting investigations
under section 5126.313 of the Revised
Code.
Sec. 5126.357. (A) As used in this section: (1)
"In-home care" means the supportive services provided
within
the home of an individual who receives funding for the
services as a county
board client, including any client who
receives
residential services funded through
home
or
and
community-based services,
family support services provided under
section 5126.11 of the
Revised Code, or supported living provided
in accordance with sections
5126.41 to 5126.47 of the Revised
Code.
"In-home care" includes care that is provided outside a
client's
home in places incidental to the home, and while
traveling to places
incidental to the
home, except that
"in-home
care" does not include care provided
in the
facilities of a county
board of mental retardation and
developmental disabilities or care
provided in schools. (2)
"Parent" means either parent of a child, including an
adoptive
parent but not a foster parent. (3)
"Unlicensed in-home care worker" means an individual who
provides in-home care but is not a health care professional. A
county board
worker may be an unlicensed in-home care worker. (4)
"Family member" means a parent, sibling, spouse, son,
daughter, grandparent, aunt, uncle, cousin, or guardian of the
individual with
mental retardation or a developmental disability
if the individual with mental
retardation or developmental
disabilities lives with the person and is
dependent on the person
to the extent that, if the supports were withdrawn,
another living
arrangement would have to be found. (B) Except as provided in division (D) of this section,
a
family member of an individual with mental
retardation or a
developmental
disability may authorize an unlicensed in-home care
worker to
give or
apply prescribed medication or perform other
health care tasks as
part of the in-home care provided to the
individual, if the family member
is the primary supervisor of the
care and the unlicensed in-home care worker
has been selected by
the family member and is under the direct supervision of
the
family member. Sections 4723.62 and 5126.351 to 5126.356
of the
Revised Code do not apply to the in-home care
authorized by a
family member under this
section. Instead, a family member shall
obtain a prescription, if
applicable, and written instructions
from a health care
professional for the care to be provided to the
individual. The family
member shall authorize the unlicensed
in-home
care worker to provide the
care by preparing a written
document granting the authority.
The family member shall provide
the
unlicensed in-home care worker with
appropriate training and
written instructions in accordance with
the instructions obtained
from the health care professional.
(C) A family member who authorizes an unlicensed in-home
care worker to
give or apply prescribed medication or perform
other health care tasks retains
full responsibility for the health
and safety of
the individual receiving the care and for ensuring
that the worker
provides the care appropriately and safely. No
entity that funds or monitors the provision of in-home care
may be
held liable for the results of the
care provided under this
section by an unlicensed in-home care worker,
including
such
entities as the county board of mental retardation and
developmental disabilities, any other entity that employs an
unlicensed
in-home care worker, and the department of mental
retardation and
developmental
disabilities. An unlicensed in-home care worker who is authorized under
this section by a
family member to provide care to an
individual
may not be held liable for
any
injury caused in providing the
care, unless the worker provides the care
in a manner that is not
in accordance with the training and
instructions received or the
worker acts in a manner that
constitutes wanton or reckless
misconduct. (D) A county board of mental retardation and developmental
disabilities may evaluate the authority granted by a
family member
under
this section to an unlicensed in-home care worker at any
time it considers
necessary and shall evaluate the authority on
receipt of a complaint. If the
board determines that a family
member has
acted in a manner
that is inappropriate for the health
and safety of the individual receiving
the services, the
authorization granted by the family member to
an unlicensed
in-home care worker is void, and the
family member may not
authorize other
unlicensed in-home care workers to provide the
care. In making such a
determination, the board shall use
appropriately licensed health
care professionals and shall provide
the family member an
opportunity to file a complaint under section
5126.06 of the Revised Code.
Sec. 5705.44. When contracts or leases run beyond the
termination of the
fiscal year in which they are made, the fiscal
officer of the taxing authority
shall make a certification for the
amount required to meet the obligation of
such contract or lease
maturing in such fiscal year. The amount of the
obligation under
such contract or lease remaining unfulfilled at the end of a
fiscal year, and which will become payable during the next fiscal
year, shall
be included in the annual appropriation measure for
the next year as a fixed
charge. The certificate required by section 5705.41 of the Revised
Code as to money in
the treasury shall not be required for
contracts on which payments are to be
made from the earnings of a
publicly operated water works or public utility,
but in the case
of any such contract made without such certification, no
payment
shall be made on account thereof, and no claim or demand thereon
shall
be recoverable, except out of such earnings.
That
certificate also shall not be required if requiring the
certificate makes it impossible for a county board of mental
retardation and developmental disabilities to pay the nonfederal
share of medicaid expenditures that the county board is required
by division (A) of section
5126.056
5126.057 of the Revised Code
to pay.
Section 2. That existing sections 5111.872, 5123.046,
5123.048, 5123.049, 5123.0411, 5126.01, 5126.02, 5126.021,
5126.022, 5126.033, 5126.035, 5126.036, 5126.042, 5126.046,
5126.05, 5126.054, 5126.055, 5126.056, 5126.06, 5126.14, 5126.15,
5126.17, 5126.18, 5126.19, 5126.221, 5126.357, and 5705.44 of the
Revised Code are hereby repealed.
Section 3. On the recommendation of the Director of
Mental
Retardation and Developmental Disabilities, the Director of
Job
and Family Services may seek one or more Medicaid waivers
pursuant
to section 5111.87 of the Revised Code including a waiver
under
which home
and community-based services are provided in the
form
of family support
services programs established by county
boards
of mental
retardation and developmental disabilities under
section
5126.11
of the Revised Code. Notwithstanding division (A)
of
section
5111.873 of the Revised Code, the Director of Job and
Family
Services is not required to adopt rules under that section
by the
effective date of the waiver under which home and
community-based services are provided in the form of family
support services programs.
Section 4. (A) As used in this section: (1) "Taxable value" with respect to a county board of mental
retardation and developmental disabilities means the total taxable
value of real and public utility property and tangible personal
property in the county served by that board as shown on the county
auditor's tax lists. (2) "Adult services enrollment" means a county board of
mental retardation and developmental disabilities' average daily
membership of individuals twenty-two years of age or older in
adult services, community employment services, and supported
employment services, exclusive of individuals who are served
solely through service and support administration provided
pursuant to section 5126.15 of the Revised Code or family support
services provided pursuant to section 5126.11 of the Revised Code. (3) "Local tax capacity per adult services enrollee" of a
county board of mental retardation and developmental disabilities
means one mill per dollar of taxable value multiplied by the
quotient obtained by dividing the county board's taxable value by
the county board's adult services enrollment. (4) "State average tax capacity per adult services enrollee"
means one mill per dollar of taxable value multiplied by the
quotient obtained by dividing the sum of all county boards of
mental retardation and developmental disabilities' taxable value
by the sum of all county boards' adult services enrollment. (B) On the request of the Director of Mental Retardation and
Developmental Disabilities, the Tax Commissioner shall provide to
the Director information specifying each county's taxable value. Using the information provided by the Tax Commissioner and
each county board of mental retardation and developmental
disabilities' adult services enrollment, the Director shall
determine, for fiscal years 2002 and 2003, the state average tax
capacity per adult services enrollee and, for each county board,
the local tax capacity per adult services enrollee. (C) Subject to division (D) of this section and for fiscal
years 2002 and 2003, the Director shall pay each county board
having a local tax capacity per adult services enrollee less than
the state average tax capacity per adult services enrollee a sum
equal to the product obtained by multiplying the following
quantities: (1) The amount by which the state average tax capacity per
adult services enrollee exceeds the county board's local tax
capacity per adult services enrollee; (2) The county board's adult services enrollment. (D) The total amount that the Director shall pay to all
county boards under division (C) of this section shall not exceed
$6,500,000 for fiscal year 2002 and $13,000,000 for fiscal year
2003. If, under the formula created by division (C) of this
section, the total payments under that division would exceed these
caps, the Director shall prorate payments to the county boards
based on the caps. (E) For fiscal year 2002, the Director shall make the
payments under division (C) of this section not later than
December
31, 2001. For fiscal year 2003, the Director shall make
the
payments not later than August 31, 2002. (F) A county board that receives a payment under division
(C) of this section shall do both of the following: (1) Use the payment solely to develop and implement
habilitation center services, home and community-based services,
and Medicaid case management services for individuals included in
the county board's adult services enrollment so that the services
are comparable to such services available in counties served by a
county board having a local tax capacity per adult services
enrollee equal to or greater than the state average tax capacity
per adult services enrollee; (2) Certify to the director, for each year it receives a
payment, that it will make a good faith effort to obtain revenues,
including federal funds, for services to individuals included in
its adult services enrollment.
Section 5. That Section 75.02 of Am. Sub. H.B. 94 of the
124th General Assembly be amended to read as follows: "
Sec. 75.02. COMMUNITY SERVICES
GRF |
322-405 |
|
State Use Program |
|
$ |
264,685 |
|
$ |
264,685 |
GRF |
322-413 |
|
Residential and Support
|
|
$ |
154,418,317 |
|
$ |
164,539,811 |
|
|
|
Services |
|
|
|
|
|
|
GRF |
322-451 |
|
Family Support
Services |
|
$ |
7,975,870 |
|
$ |
7,975,870 |
GRF |
322-452 |
|
Case Management |
|
$ |
8,984,491 |
|
$ |
9,874,628 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
45,366,297 |
|
$ |
46,817,644 |
TOTAL GRF General Revenue Fund |
|
$ |
217,009,660 |
|
$ |
229,722,638 |
General Services Fund Group
4J6 |
322-645 |
|
Intersystem Services for
|
|
$ |
5,000,000 |
|
$ |
5,000,000 |
|
|
|
Children |
|
|
|
|
|
|
4U4 |
322-606 |
|
Community MR and DD Trust |
|
$ |
125,000 |
|
$ |
131,250 |
4V1 |
322-611 |
|
Program Support |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
488 |
322-603 |
|
Residential Services
|
|
$ |
2,499,188 |
|
$ |
2,499,188 |
|
|
|
Refund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,624,188 |
|
$ |
9,630,438 |
Federal Special Revenue Fund Group
3A4 |
322-605 |
|
Community Program Support |
|
$ |
3,024,047 |
|
$ |
3,326,452 |
3A4 |
322-610 |
|
Community Residential
|
|
$ |
5,924,858 |
|
$ |
5,924,858 |
|
|
|
Support |
|
|
|
|
|
|
3A5 |
322-613 |
|
DD Council Grants |
|
$ |
3,358,290 |
|
$ |
3,358,290 |
3G6 |
322-639 |
|
Medicaid Waiver |
|
$ |
148,304,949 |
|
$ |
151,754,169 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
163,747,903 |
|
$ |
172,568,939 |
325 |
322-608 |
|
Federal Grants -
|
|
$ |
1,360,000 |
|
$ |
1,360,000 |
|
|
|
Operating Expenses |
|
|
|
|
|
|
325 |
322-612 |
|
Social Service Block
|
|
$ |
11,500,000 |
|
$ |
11,500,000 |
|
|
|
Grant |
|
|
|
|
|
|
325 |
322-617 |
|
Education Grants -
|
|
$ |
115,000 |
|
$ |
115,000 |
|
|
|
Operating |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
337,335,047 |
|
$ |
349,907,708 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Waiver - Match |
|
$ |
13,783,463 |
|
$ |
14,039,133 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
562,080 |
|
$ |
576,132 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,345,543 |
|
$ |
14,615,265 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
578,314,438 |
|
$ |
603,626,049 |
RESIDENTIAL AND SUPPORT SERVICES The foregoing appropriation item 322-413, Residential and
Support Services,
shall be used for any of the following: (A) Home and community-based waiver services pursuant to
Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended; (B) Services contracted by county boards of mental
retardation and
developmental disabilities; (C) Supported living services contracted by county boards of
mental
retardation and developmental disabilities in accordance
with sections 5126.40
to 5126.47 of the Revised Code; (D) Sermak Class Services used to implement the requirements
of the consent
decree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division;
(E) Other Medicaid-reimbursed programs, in an amount not to
exceed $1,000,000 in each fiscal year, that enable persons with
mental retardation and developmental disabilities to live in the
community. Notwithstanding Chapters 5123. and 5126. of the Revised Code,
the Department
of
Mental Retardation and Developmental
Disabilities may develop residential and
support service programs
that enable persons with mental retardation and
developmental
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department may
waive the support collection requirements of those statutes for
persons in
community programs developed by the department under
this section. The
department shall adopt rules under Chapter 119.
of the Revised Code or
may use existing rules for the
implementation of these programs. The Department of Mental Retardation and Developmental
Disabilities may
designate a portion of appropriation item
332-413, Residential and Support
Services, to county boards of
mental retardation and developmental
disabilities that have
greater need for various residential and support
services due to a
low percentage of residential and support services
development in
comparison to the number of individuals with mental retardation
or
developmental disabilities in the county. Not later than 30 days after the effective date of this
section, the Director of Budget and Management shall transfer up
to $5,000,000 from appropriation item 322-413, Residential and
Support Services, to appropriation item 322-501, County Boards
Subsidies. The total amount that is transferred from appropriation
item 322-413 to appropriation item 322-501 shall be used for the
tax equalization program created under
sections 5126.16 to 5126.18
of the Revised Code and is subject to all statutes and rules
established for the tax equalization program
Section 4 of
this
act. Not later than July 30, 2002, the Director of Budget and
Management shall transfer up to $11,500,000 from appropriation
item 322-413, Residential and Support Services, to appropriation
item 322-501, County Boards Subsidies. The total amount that is
transferred from appropriation item 322-413 to appropriation item
322-501 shall be used for the tax equalization program created
under
sections 5126.16 to 5126.18 of the Revised Code and is
subject to all statutes and rules established for the tax
equalization program
Section 4 of this act. Of the foregoing appropriation item 322-413, Residential and
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in
fiscal year 2003 shall be distributed by the Department to county
boards of mental retardation and developmental disabilities to
support existing residential facilities waiver and individual
options waiver related Medicaid activities provided for in the
component of a
county board's plan developed under division (A)(2)
of section
5126.054 of the Revised Code and approved under section
5123.046
of the Revised Code. Up to $3,000,000 of these funds in
each
fiscal year may be used to implement day-to-day program
management
services under division (A)(2) of section 5126.054 of
the Revised
Code. Up to $4,200,000 in each fiscal year may be used
to
implement the program and health and welfare requirements of
division (A)(2) of section 5126.054 of the Revised Code.
In fiscal years 2002 and 2003, not less than $2,500,000 and
$2,650,000, respectively, of these funds shall be used to recruit
and retain, under division (A)(2) of section 5126.054 of the
Revised Code, the direct care staff necessary to implement the
services included in an individualized service plan in a manner
that ensures the health and welfare of the individuals being
served.
Notwithstanding sections 5123.171, 5123.19, 5123.20, and
5126.11 of the Revised Code, the Department of Mental Retardation
and Developmental Disabilities may implement programs funded by
appropriation item 322-451, Family Support Services, to provide
assistance to persons with mental retardation or developmental
disabilities and their families who are living in the
community.
The department shall adopt rules to implement
these programs. The foregoing appropriation item 322-452, Case Management,
shall be allocated to county
boards of mental retardation and
developmental disabilities for the purpose of
providing case
management services and
to assist in bringing state funding for
all department-approved
case managers within county boards of
mental retardation and
developmental disabilities to the level
authorized in division
(C) of section 5126.15 of the Revised Code.
The department
may request approval from the Controlling Board to
transfer any
unobligated appropriation authority from other state
General
Revenue Fund appropriation items within the department's
budget
to appropriation item 322-452, Case Management, to be used
to
meet the statutory funding level in division (C) of section
5126.15 of the Revised Code. Notwithstanding division (C) of section 5126.15 of the
Revised Code and
subject to funding in appropriation item 322-452,
Case Management, no county
may receive less than its allocation in
fiscal year 1995. STATE SUBSIDIES TO MR/DD BOARDS Of the foregoing appropriation item 322-501, County Boards
Subsidies,
$6,500,000 in fiscal year 2002 and $13,000,000 in
fiscal year
2003 shall be used to fund the tax equalization
program created
under
sections 5126.16 to 5126.18 of the Revised
Code for county
boards of mental retardation and developmental
disabilities
Section 4 of this act. The
tax equalization
program
shall utilize the
average daily
membership of adults 22
years of
age and older in
habilitation, vocational, and
community
employment services only
for the yield
on 1/2 mills.
After funding the tax equalization program, the Department of
Mental Retardation and Developmental Disabilities shall distribute
the remaining appropriation authority in appropriation item
322-501, County Boards Subsidies, to county boards of mental
retardation and developmental disabilities for subsidies
distributed pursuant to section 5126.12 of the Revised Code to the
limit of the lesser of the amount required by that section or the
remaining balance of the appropriation authority in appropriation
item 322-501 prorated to all county boards of mental retardation
and developmental disabilities. INTERSYSTEM SERVICES FOR CHILDREN
The foregoing appropriation item 322-645, Intersystem
Services for Children, shall be used to support direct grants to
county family and children first councils created under section
121.37 of the Revised Code. The funds shall be used as partial
support payment and reimbursement for locally coordinated
treatment plans for multi-needs children that come to the
attention of the Family and Children First Cabinet Council
pursuant to section 121.37 of the Revised Code. The Department of
Mental Retardation and Developmental Disabilities may use up to
five per cent of this amount for administrative expenses
associated with the distribution of funds to the county councils. The foregoing appropriation item 322-604, Waiver-Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers. The Department of Job and Family Services may enter into an
interagency agreement with the Department of Mental Retardation
and Developmental Disabilities providing for the Department of
Mental Retardation and Developmental Disabilities to operate the
program."
Section 6. That existing Section 75.02 of Am. Sub. H.B.
94 of
the 124th General Assembly is hereby repealed.
Section 7. An individual serving on a county board of
mental
retardation and developmental disabilities on the effective
date
of the amendment by this act to section 5126.021 of the
Revised
Code who would otherwise be ineligible to continue to
serve on the
county board because of the amendment may continue to
serve on the
county board and be re-appointed to the county board
notwithstanding the amendment.
Section 8. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
county boards of mental retardation and developmental disabilities
are required to submit the final component of their three-year
plans for Medicaid-funded services for individuals with mental
retardation or other developmental disability not later than
November 1, 2001, and this act delays the submission due date to
July 1, 2002. Therefore, this act shall go into immediate
effect.
|
|