5122-25-05 Provisions of certification.

 

 

 

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

 

 

 

5122-25-05

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Provisions of certification.

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: Rep. 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, 5119.611 (A)

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

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

This rule is being amended to achieve regulatory reduction.

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 remove the ability of the department to issue a certificate for one year for an agency applying for its first certification as well as an

agency applying to add one or more services specified in the current rule.

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:

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  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why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

Paragraph (D) - Deleted "changes in its operation that affect the agency's continued compliance with department certification standards, including"

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 and 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. The removal of a 1 year certification which is given to some agencies, means these agencies will only need to renew certification every 3 years, and thus 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