5122-25-04 Certification procedure.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Mental Health

Agency Name

 

Janel M Pequignot

Division                                                                  Contact

 

30 E. Broad St., 8th floor Columbus OH 43215-3430 614-466-9065        614-752-9453

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

 

 

5122-25-04

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Certification procedure.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB153               General Assembly: 129           Sponsor: Amstutz

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5119.61 (A), 5119.611, 5119.612

5.  Statute(s) the rule, as filed, amplifies or implements: 5119.61 (A), 5119.611, 5119.612

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The department is amending the rule to be in compliance with the applicable provisions of House Bill 153.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule is being amended to identify the department's limited authority to survey or otherwise evaluate an agency which has appropriate behavioral health accreditation and has been granted deemed status, and identify the method for evaluating other agencies.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references the Ohio Administrative Code which is generally available to persons via the internet.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

(A)(1) - Replace "seeking" with "applying for"

(A)(1)(a)(i) and (A)(1)(b), & (A)(2)(a)(i) and (A)(2)(b)- Add language that agency is to supply legal name, including dba, as on file with Secretary of State, and add language that ODMH will first attempt to obtain corporate info from SOS

(A)(1)(a)(vi) - To "submit purpose, mission and goals", add language that it only needs to be submitted on application for initial certification

(A)(1)(g) - Delete "Request for consideration by the department of deemed status, including the"

(C)(1) - Rewrite to state that ODMH will issue certification for agency applying for

deemed status based on application materials, unless ODMH conducts for cause.

(D) - Restructure paragraph, including some language modification to identify differences between agency granted deemed status and not granted deemed status and add circumstances under which ODMH may conduct survey for cause.

(D)   - Changed internal rule reference from paragraph "(C)" to "(C)(2)".

(E)   - Add "applicable to the agency" to clarify that an agency shall be given a POC only for non-compliance with applicable certification standards

(E)(1)(2) - Change spelling of "time frame"

(F)   - Re-wrote paragraph to specify difference between agency adding new accredited service and new non-accredited service during term of Certification

12. 119.032 Rule Review Date: 7/28/2011

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

This will neither increase nor decrease expenditures or revenues.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The department anticipates there will be no increased cost of compliance as a result of amending this rule. Some agencies will no longer be subject to surveys as part of the initial or renewal certification process, and may see a reduction in costs as a result of this change.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No