5122-36-02 Eligibility criteria.

 

 

NOTICE OF PUBLIC HEARING

 

 

Pursuant to section 119.03 of the Ohio Revised Code (ORC), the Ohio Department of Mental Health (ODMH) hereby gives notice of its intent to amend, rescind and/or adopt the Ohio Administrative Code (OAC) rules as identified below and to conduct a public hearing thereon.

 

 

General Rule Provisions

The following rules are being revised as described below.

 

5122-1-02	Public hearing and method of notice The rule describes the public hearing process.	Amend
	The rule is being revised to remove requirement that
	recording of public hearing is an audio recording
5122-3-01	Consultation with constituencies affected by rules The rule describes the procedures ODMH will follow to	Rescind
	notify and consult with relevant constituencies which may
	be impacted by rules, regulations, standards or guidelines
	issued by ODMH.
	The rule is being rescinded due to amending over 50 % of
	the rule, and replaced with new 5122-3-01.
5122-3-01	Consultation with constituencies affected by rules The rule describes the procedures ODMH will follow to	New
	notify and consult with relevant constituencies which may
	be impacted by rules, standards or guidelines issued by
	ODMH.
	General changes when compared to the existing rule include
	a simplified description of the process for consultation with
	relevant constituents in alignment with ORC 5119.06 (L),
	remove the listing of specific organizations and replace
	with description of categories of constituents, and added
	reference to ODMH rules webpage and posting of draft
	rules.

 

 

 

 

 

 

 

 

 

General Rule Provisions (continued)

5122-22-01	Trusts for supplemental services The rule describes the requirements for maintenance and	Amend
	distribution of a trust for supplemental services.
	The rule is being amended to revise the definition of
	"county board" to be consistent with definition used in other
	ODMH rules, and update ORC references in accordance
	with the renumbering of ORC Chapter 1339. to ORC
	Chapter 5815.
5122-34-01	Physician loan repayment The rule describes the physician loan repayment program	Amend
	utilized to enhance the ability of the department of mental
	health (ODMH) to recruit and retain psychiatrists in
	ODMH-operated regional psychiatric hospitals.
	The rule changes the term "behavioral healthcare
	organization" to "regional psychiatric hospital".

Certification Standards for Community Mental Health Agencies

The following rules are being revised as described below.

5122-26-11             Affiliation agreement                                                                 Amend

The rule describes required affiliation agreements.

The department is proposing to eliminate the requirement that a community mental health agency which is not certified for crisis obtain an affiliation agreement.

The department is revising paragraph (C) to reflect that the agreements are known as continuity of care agreements.

Continued on Next Page

Certification Standards for Community Mental Health Agencies (continued)

5122-26-17             Accessibility, availability, appropriateness, and acceptability of Services

The rule describes the criteria to ensure that services are accessible, available, appropriate and acceptable to the persons served.

The rule eliminates the provision requiring agencies to provide services regardless of ability to pay, as this provision was previously removed from ORC 340.12, removes the requirement that an agency maintain a TTY unless its use is requested by a deaf or hard-of-hearing client, and allows the agency to utilize phone interpreter services and removes the requirement that agencies access specific, identified client needs and advocate with other organizations if the agency does not provide these services, and, consistent with accrediting body standards, now states that the agency shall make a referral to other organizations if a client has an identified need not provided by the agency and removes references to service evaluation and quality assurance activities.

Amend

5122-29-28             Intensive home based treatment (IHBT) service                      Amend

This rule describes IHBT service, and lists the standards for eligibility for the service, staff qualifications and supervision, and service delivery.

The rule is revised to correct/update terminology and rule references, remove previous paragraph (D) to align with the requirements of House Bill 153 (129th General Assembly) and Ohio Administrative Code 5122-25-03, and correct an error in the current rule in which paragraph (E)(1) [revised rule] is repeated in paragraph (F)(2) [revised rule], and is unrelated to the subject matter of paragraph (F). The correct language is included in the revised version.

Licensure of Adult Care Facilities

The Department is revising the following rules to update ORC and OAC references within the rules and/or statutory authority, based upon Ohio Administrative Code rule renumbering under House Bill 153 of the 129th General Assembly, and to change any references from the Department of Health to the Department of Mental Health.

        Definitions        Amend

This rule includes definitions utilized in Chapter 5122-33 of the Administrative Code.

Licensure of Adult Care Facilities (continued)

General prohibitions                                                                  Amend

This rule lists the general prohibitions related to licensure of adult care facilities.

License application and renewal procedures                           Amend The rule describes the content of initial and renewal license application, including documentation and fee, and

circumstances under which an individual is prohibited from applying for a license.

        Application review process                                                                                Amend

This rule describes the process by which ODMH reviews a license application, and information to take into consideration.

        Issuance, renewal, and denial of licenses                                                           Amend

This rule prescribes that ODMH shall issue a license (initial or renewal) to an applicant in substantial compliance with Chapter 5122-33 of the Administrative Code, circumstances under which ODMH may deny a license, how to determine the numbers of residents allowed, the fee for inspections, and the process following an inspection.

        Inspections; access to facilities; standards of conduct                                      Amend

The rule describes when ODMH inspects adult care facilities, the individuals (ODMH employees and others) permitted to access a facility at any time and during reasonable hours, and that one must respect the rights, dignity, and privacy of residents, and be cooperative and professional.

        Notice of violations and opportunity to correct                                                Amend

The rule describes that process for an operator to be issued a notice of violation, and the potential consequences for failure to correct violations.

        Change in statement of ownership; closure, transfer, or sale of facility

The rule requires the owner to notify ODMH within ten days if the manager changes, or if there is a change in ownership. The rule requires that an owner give ODMH, residents and others identified at least 30 days' notice prior to closing a facility, that ODMH monitor the transfer of residents, that the owner notify residents of changes in possession of the facility, and that an owner maintains certain liabilities after transferring ownership.

Amend

Licensure of Adult Care Facilities (continued)

Fire protection standards for adult family homes                   Amend

The rule exempts adult family homes from building inspections by a certified inspector/department of commerce, and fire inspections by the state fire marshal or fire inspector official. The rule lists the standards with which an adult family home must comply, and that ODMH shall conduct the inspection.

        Building and fire safety requirements for adult group homes

This rule lists building and fire safety requirements, including inspections, for adult group homes, and requires that non-ambulatory residents must be located on a floor that exits to the ground level.

        Water, sewage, and plumbing requirements for adult care facilities

This rule describes the water and sewage requirements for facilities not connected to public systems, and plumbing requirements.

Amend

Amend

Facility management responsibilities                                        Amend

The rule describes the responsibilities of the facility manager, including additional responsibilities if a resident is known to have been assessed with mental illness.

        General staffing requirements                                                                           Amend

The rule defines who is a "staff member", requirements to be a staff member, including TB testing and training, the minimum requirements for staffing a facility, requirements for a manager, and when an individual is ineligible to be a staff member and/or ineligible to work in a facility.

        Additional staffing requirements                                                                      Amend

The rule lists the additional training and continuing education requirements for a facility which accepts individuals diagnosed with mental illness.

        Recordkeeping  Amend

The rule describes the records which a facility must maintain, storage of records, and the requirements to maintain confidentiality of information in resident records.

        Resident agreement; other information to be provided upon admission

The rule requires that a facility enter into a resident agreement with each resident, minimum content requirement, and that residents be provided a copy of the resident right and other policies, including house rules.

Amend

Licensure of Adult Care Facilities (continued)

Personal care services; resident medications; home health care

The rule requires describes personal care services and requires the facility to provide them to residents in need, and other residents upon request. The rule prohibits facility staff from administering medications, requires a physician to provide a written statement that a resident is capable to self-administer medications, and provides an exception when the resident is receiving skilled nursing care when skilled nursing care is permitted under the rule. The rule also describes how a staff may assist a resident with administering medications, and that medications must be stored in a locked area.

Amend

Resident assessments; mental health plan for care                  Amend

The rule describes the initial and on-going health assessments for a resident, requirement for TB testing and follow-up if indicated, and additional requirements in the facility admits individuals diagnosed with mental illness.

        Changes in residents' physical health and behavioral status; incidents

The rule describes the facility responsibilities when there is a significant change in a resident's physical or behavioral health.

Amend

Dietary services                                                                          Amend

The rule lists the requirements for providing meals and snacks to residents, the proper storage, preparation and handling of food, and when a facility must obtain a food service license.

        Laundry services; activities; resident property                                                 Amend

The rule describes the laundry services a facility must provide, that the facility should encourage social activities, a resident's right of access to his/her funds, requirements for storage of a resident's property and/or handling a resident's funds, and prohibits an owner/manager/facility from being a legal guardian, except as allowed by the rule, and prohibits an owner/manager/facility from maintaining a power of attorney.

        Space, equipment, safety, and sanitation                                                          Amend

The rules describes the general requirements for space, such as bathrooms, dining area, bedrooms, etc., that residents have access to a non-pay telephone for local calls, and the minimum requirements in order to maintain a safe, sanitary facility.

Licensure of Adult Care Facilities (continued)

Residents' rights                                                                         Amend

The rule describes the rights of residents, explanation and posting of rights, and who may assert rights on behalf of a resident.

        Transfer and discharge rights                                                                           Amend

The rule describes the circumstances under which a facility may transfer or discharge a resident, and the process for emergency and non-emergency transfer or discharge.

        Waivers             Amend

The rule allows ODMH to waive requirements for licensure that do not jeopardize the health and safety of any resident, and describes the process, including the right to a hearing if a waiver is denied.

        Imposition of civil penalties                                                                                Amend

The rule allows ODMH to impose civil penalties for violations of Chapter 5119 of the Revised Code or Chapter 5122-33 of the Administrative Code. The rule describes the different classifications of violations, the process for issuing civil penalties and requiring correction of the violation, and the right of the facility to request a conference and a hearing under Chapter 119 of the Revised Code.

        Suspending admission of residents to an adult care facility

The rule allows ODMH to suspend admissions to a facility when the facility is in violation of Chapter 5119 of the Revised Code or Chapter 5122-33 of the Administrative Code, describes the process for issuing such an order and the right of the facility to request a conference and a hearing under Chapter 119 of the Revised Code.

Amend

Certification of Adult Foster Homes

The Department is revising the following rules to update ORC and OAC references  within the rules and/or statutory authority, based upon Ohio Administrative Code rule renumbering under House Bill 153 of the 129th General Assembly, and to change any references from the Department of Aging and/or Department of Health to the Department of Mental Health.

5122-35-01             Introduction and definitions                                                     Amend

This rule includes definitions of terms utilized in Chapter 5122-35 of the Administrative Code.

Certification of Adult Foster Homes (continued)

5122-35-02	Certification The rule allows an area agency on aging to certify a home	Amend
	within its planning and service area, describes the
	certification process, and allows the area agency on aging or
	ODMH to conduct an unannounced inspection.
5122-35-03	Operator standards The rule lists the standards that an operator must meet, such	Amend
	as being free from communicable diseases unless efforts are
	made to minimize the risk of transmitting the disease to a
	resident, meeting certain criminal background requirements,
	financial, providing proof of ownership or a valid lease
	agreement, etc.
5122-35-04	Caregiver standards The rule requires that a caregiver must be free from	Amend
	communicable diseases unless efforts are made to minimize
	the risk of transmitting the disease to a resident, meet
	certain criminal background requirements, and have a
	licensed physician statement that he/she is mentally and
	physically fit of providing care.
5122-35-05	Facility standards The rules describes the general requirements for space, such	Amend
	as bathrooms, hallways, bedrooms, etc., that residents have
	access to a telephone, and the minimum requirements in
	order to maintain a safe, sanitary facility.
5122-35-06	First aid standards The rule lists the contents of the required first aid kit, and	Amend
	requires medications to be stored in a locked area.
5122-35-07	Fire safety standards The rule describes fire safety standards, including	Amend
	inspections, fire extinguishers and detectors, drills, and
	requirements for furnaces, electrical, and other potential fire
	hazards.
5122-35-08	Denial or revocation of certification The rule describes the process when an area agency on	Amend
	aging processes to deny or revoke an adult foster home's
	certification, including time frames and the right to appeal
	to ODMH, the requirement to notify residents and/or
	sponsors if a certification is denied/revoked, and
	circumstances under which an operator may not apply for
	certification or be granted certification.

Residential State Supplement Program

The Department is revising the following rules to update ORC and OAC references within the rules and/or statutory authority, based upon Ohio Administrative Code rule renumbering under House Bill 153 of the 129th General Assembly, and to change any references from the Department of Aging to the Department of Mental Health. There are additional revisions to rules 5122-36-02 and 5122-36-05, also in accordance with House Bill 153, which are noted below.

5122-36-01	Introduction and definitions This rule includes definitions of terms utilized in Chapter	Amend
	5122-36 of the Administrative Code.
5122-36-02	Eligibility criteria	Amend
	The rule lists the eligibility requirement for the program,
	and provides an exception for individuals in certain living
	arrangements prior to November, 1990.
	The language regarding eligibility is being updated in accordance with revisions in House Bill 153 (129th General
	Assembly), resulting from the transfer of licensing of adult
	care facilities and adult foster homes to ODMH.
5122-36-03	Enrollment process	Amend
	This rule describes how an individual shall request
	consideration for enrollment in the program, information to
	be assessed, removing individuals from the waiting list, and
	the right to a hearing under Chapter 119 of the Revised
	Code if an applicant is determined ineligible.
5122-36-04	Responsibilities of the living arrangement	Amend
	This rule describes the responsibilities of each living
	arrangement in which an individual receiving funds from
	the program lives.
5122-36-05	Allowable fee	Amend
	This rule describes the allowable fee, which is the amount
	that a resident pays to a particular living arrangement, and
	which is utilized by the county department of jobs and
	family services to determine the amount of payment under
	the program.
	The allowable amounts are being increased in accordance with Section 337.30.50 of House Bill 153 (129th General
	Assembly).

Continued on Next Page

Operations Management

The following rule is being rescinded as described below.

5122:2-1-09        Community Plan                                                                        Rescind

The rule describes the community plan process for county community mental health and county alcohol drug addiction and community mental health boards.

This rule is being rescinded as there is no requirement for ODMH to promulgate the rule. ODMH will continue to consult with affected constituents, as required by ORC 340.03 (C) and 5119.61 (G).

A public hearing on the proposed rules will be held on Wednesday, January 4, 2012, beginning at 1:30 pm, continuing until all persons in attendance have had an opportunity to testify. The hearing will be held in Room 806 of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215, 8th FL. At this hearing, ODMH will accept verbal and/or written testimony on the proposed rules under consideration.

Persons may also submit written testimony via mail/e-mail. Any written comments received or postmarked on or before the public hearing date will be treated as testimony. Submittal of written comments may be made to Janel M. Pequignot, Chief, Standards Development and Administrative Rules, by e-mail to [e-mail]; by fax to 614-752-9453; or by mail to 30 East Broad Street, 8th Floor, Columbus, Ohio 43215-3430.

Copies of these rules are available for review at the Register of Ohio website:  www.registerofohio.state.oh.us or the ODMH website http://mentalhealth.ohio.gov/what- we-do/protect-and-monitor/licensure-and-certification/rules/index.shtml (Follow link to "Pending Rules"). A request for a copy of the proposed rules may also be submitted by mail to Janel M. Pequignot, Chief, Standards Development and Administrative Rules, 30 East Broad Street, 8th Floor, Columbus, Ohio 43215-3430 or by e-mail to [e-mail].