5123:2-3-21 Public notification program of adverse action taken by the department.

 

 

 

NOTICE OF PUBLIC HEARING

 

 

Notice is hereby given that the Ohio Department of Mental Retardation and Developmental Disabilities will conduct a public hearing in accordance with Chapter 119. of the Revised Code on November 15, 2004, beginning at 1:30 P.M. and continuing until all persons in attendance have had an opportunity to testify. The hearing will be conducted in the large conference room of the Department's Administrative Offices Building located at 1810 Sullivant Avenue, Columbus, Ohio.

 

At this hearing, the Department will accept oral and/or written testimony on the proposed rescission and adoption of the following rules under Chapter 5123:2-3 of the Ohio Administrative Code pertaining to licensed residential facilities:

 

Rule 5123:2-3-02 entitled "Licensure application, inspection, and issuance procedures" is being proposed for rescission based on a five-year review of the rule conducted under section 119.032 of the Revised Code and replaced with a proposed new rule by the same rule number.

 

Rule 5123:2-3-02 entitled "Licensure application, issuance, survey, renewal, and sanction procedures" is a new rule being proposed for adoption to update provisions for compliance with Senate Bill 191 of the 124th General Assembly. The rule outlines the procedures for initial license application and the applicant's due process rights if the application is denied; the process for conducting licensure surveys; the procedures for issuing survey reports, the licensee's response, and the process for appealing deficiencies; the sanctions the department may utilize when the licensee is not in compliance with statute and rules (i.e., suspension of admissions, placement of monitor, non-renewal, or revocation) and the procedures for appealing sanctions;

and the criteria for terminating a license and process for appeal. The proposed new rule replaces current rules 5123:2-3-02 and 5123:2-3-03 of the Administrative Code.

 

Rule 5123:2-3-03 entitled "Licensure denial, sanctions, or revocation" is being proposed for rescission based on a five-year review of the rule conducted under section 119.032 of the Revised Code and replaced with proposed new rule 5123:2-3-02 of the Administrative Code.

 

Rule 5123:2-3-03 entitled "Establishing a license term" is a new rule being proposed for  adoption to comply with Senate Bill 191 of the 124th General Assembly. The proposed new rule outlines the process for establishing the term of a license by defining the criteria for determining compliance with rules, establishing how the standards will be scored, and establishing how a license term is determined based on the scoring. Appendix A to the rule is the licensure survey tool used by the department to determine the licensee's compliance with licensure standards.

 

Rule 5123:2-3-20 entitled "Receipt, investigation, and disposition of complaints" is a new rule being proposed for adoption to comply with Senate Bill 191 of the 124th General Assembly. The rule specifies the process used by the department to address complaints filed under section

5123.19 of the Revised Code involving licensed residential facilities and the process for the investigation and disposition of such complaints.

 

 

 

 

 

 

 

Rule 5123:2-3-21 entitled "Public notification program of adverse action taken by the department" is a new rule being proposed for adoption to comply with Senate Bill 191 of the 124th General Assembly by establishing a program under which public notification may be made when the director has initiated license revocation proceedings or has issued an order for the suspension of admissions, placement of a monitor, or removal of individuals. The proposed rule establishes the procedures by which the public notification will be made, specifies the circumstances for which the notification must be made, and specifies a method for removing or amending the public notification if the director's action is found to have been unjustified or the violation at the facility has been corrected.

Rule 5123:2-3-22 entitled "Licensing fees for residential facilities" is a new rule being proposed for adoption to establish licensing fees for residential facilities as permitted under section

5123.19 of the Revised Code. The fees are based on the term of a license as established under proposed new rules 5123:2-3-02 and 5123:2-3-03 of the Administrative Code.

Rule 5123:2-3-23 entitled "Issuance of interim license" is being proposed for adoption to update interim license requirements for compliance with Senate Bill 191 of the 124th General

Assembly.  The proposed rule establishes when an interim license can be issued (emergency or temporary need), specifies the application process, and specifies the term of the interim license.

Any written comments on the proposed rules submitted on or before the public hearing date will be treated as testimony. Submittal of written comments must be made to Debbie Marcum, Administrative Rules Coordinator, by mail at 1810 Sullivant Avenue, Columbus, Ohio 43223- 1239; by fax at 614/752-5302; by e-mail at (mailto:[e-mail]).

The proposed rules are available on the LSC Register of Ohio web site at  http://registerofohio.state.oh.us/.  A copy of each proposed rule is also available on the Department's web site at http://odmrdd.state.oh.us or by contacting the Administrative Rules Coordinator at the above address.