5123:2-3-01 Licensed residential facilities - administration and operation.

 

 

 

TO BE RESCINDED

 

5123:2-3-01                 Definitions.

 

 

As    used    throughout   rules    promulgated   pursuant    to   Chapter    5123:2-3     of    the Administrative Code, the following definitions shall apply:

 

(A)    "Adaptive behavior" means the effectiveness or degree with which the individual meets the standards of personal independence and social responsibility expected of his chronological age and cultural group.

 

(B)    "Administrator" means the person responsible for the day-to-day operation of a residential facility.

 

(C)  "Adult" means an individual who is eighteen years of age or older.

 

(D)   "Advocate (advocacy)" means the act or process of representing the rights, interests or wishes of an individual or group so as to realize the rights to which the individual or group is entitled, obtain needed services, and remove barriers to meeting identified needs. Advocacy may be performed by an individual in his own behalf (self-representation), or by an individual or representative on behalf  of others (personal advocacy), or by an agency in behalf of the group with which it is concerned (agency advocacy).

 

(E)     "Age-appropriate (chronological age-appropriate)" means standards based on a particular age group that are generally considered and understood to be acceptable and normal for persons of that age.

 

(F)     "Assessment/evaluation" means a comprehensive process to collect, analyze and interpret information for the purposes of making decisions about individuals and programs. These decisions are concerned with such issues as eligibility, placement, and services for individuals and effectiveness, efficiency, and standards compliance in programs.

 

(G)    "Basement" means the portion of a building which is partly or completely below grade. A basement is considered a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than fifty per cent of the total perimeter or more than twelve feet at any point.

 

(H)     "Behavior modification/management" means the contingent use of reinforcers, aversive stimuli or systematic environmental manipulation in order to produce an observable and measurable change in behavior.

 

(I)      "Case  management"  means  the  coordination  of  resources  across  agency  and

 

 

professional lines to develop and attain needed or desired individual goals, objectives, or services with maximal individual/family participation in order to maximize the quality of life of the individuals served in the least-restrictive manner.

(J)      "Case manager" means an employee or contract agency of the county board responsible for case management services.

(K)  "Child" means an individual who is under eighteen years of age.

(L)    "Consent" means an individual's agreement to allow a procedure or treatment to happen after a full disclosure of facts needed to make the decision. A full disclosure of facts shall be communicated to the individual in a manner the individual can understand. For purposes of this paragraph, "full disclosure" means providing all information about the purpose of the proposed procedure or treatment and the possible outcomes and consequences of agreeing to or not agreeing to the proposed procedure or treatment.

(M)     "County board" means a county board of mental retardation and developmental disabilities established under Chapter 5126. of the Revised Code.

(N)   "Crib" means a bed with sides which extend at least eighteen inches above the top of the mattress and which does not exceed sixty inches in length. Cribs and barred enclosures may not have tops.

(O)    "Custodian" means a person who has legal custody of a child or a public children services agency (PCSA) or private child-placing agency (PCPA) that has permanent, temporary, or legal custody of a child.

(P)    "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.

(Q)   "Developmental disability" means a severe, chronic disability that is characterized by all of the following:

(a)   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;

(b)   It is manifested before age twenty-two;

(c)   It is likely to continue indefinitely;

(d)  It results in one of the following:

(i)   In the case of a person under age three, at least one developmental delay or an established risk;

(ii)    In the case of a person at least age three, but under age six, at least two developmental delays or an established risk;

(iii)    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 his 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.

(e)      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.

(R)   "Director" means the chief executive officer of the department of mental retardation and developmental disabilities as established by section 121.03 of the Revised Code.

(S)    "Discipline" means the application of related, logical consequences to a previously identified behavior, helping an individual to identify new, replacement behaviors and use them in normal, day-to-day living.

(T)      "Functional skills" mean the variety of skills which are frequently chosen or demanded in natural environments and those skills which would have to be done by someone else if the individual could not do it himself. Functional skills include those skills which influence an individual's ability to perform as independently and productively as possible in home, school, vocational, or community settings.

(U)    "Guardian" means any person, association, or corporation appointed by the probate court according to sections 2111.01 to 2111.12 of the Revised Code to have the care and management of the person, the estate, or both, of an incompetent or minor. Nothing in Chapter 5123:2-3 of the Administrative Code shall be construed as authorizing a guardian to exceed the scope of authority granted to the guardian by

the probate court.

(V)    "Habilitation" means the process by which the staff of the residential facility or agency assists a mentally retarded or developmentally disabled person in acquiring and maintaining those life skills that enable him to cope more effectively with the demands of his own person and of his environment, and in raising the level of his personal, physical, mental, social, and vocational efficiency. Habilitation includes, but is not limited to, programs of formal, structured education and training in such areas as social and emotional skills, daily living skills, communication skills, motor skills, functional skills, human sexuality, self-help skills, and work skills.

(W)   "Habilitation staff" means those residential facility personnel who work directly with individuals to supervise, assist, and develop routine habilitation skills.

(X)     "Independent living arrangement" means an arrangement in which a mentally retarded or developmentally disabled individual resides in an individualized setting chosen by him or his guardian, which is not dedicated principally to the provision of residential services for mentally retarded or developmentally disabled individuals, and for which no financial support is received for rendering such service from any governmental agency by a provider of residential services.

(Y)    "Individual" means a person with mental retardation or developmental disabilities who is eligible for services pursuant to Chapters 5123. and 5126. of the Revised Code.

(Z)   "Individual plan (IP)" means a written description of the services to be provided to an individual.

(AA) "Inspection" includes, but is not limited to, an on-site examination and evaluation of the residential facility, its personnel, and the services provided there with emphasis on the quality of life of the individuals residing in the residential facility.

(BB) "Legal entity" means a firm, partnership, agency, association, sole proprietor, or corporation named as licensee on a license or employed by the licensee as a management contractor.

(CC) "License" means the written approval by the department to a licensee to operate a residential facility.

(DD) "Licensee" means the person or government agency that has applied for a license to operate a residential facility and to which the license was issued under section

5123.19 of the Revised Code. "Licensee" includes an applicant for a license.

(EE) "Licensure office" means the section within the department responsible for the licensure function, including inspection.

(FF) "Licensure specialist" means an official of the department of mental retardation and developmental disabilities who conducts licensure inspections out of the licensure office.

(GG) "Management contractor" means a person, organization, corporation or other legal entity that controls administrative or management services for a licensee.

(HH) "Mental retardation" means having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.

(II) "Policy" means a principle, plan, or course of action that directs an agency in its management of public affairs.

(JJ) "Procedure" means an internal directive written to clarify and implement department or agency rules and policies.

(KK) "Provider" has the same meaning as licensee.

(LL) "Qualified mental retardation professional (QMRP)" means a professional who meets the federal requirements of a QMRP in accordance with 42 C.F.R. 483.430.

(MM) "Residential development" means the process through which residential services are established or modified for individuals with mental retardation or developmental disabilities.

(NN) "Residential evaluation" shall include a minimum of a social history, medical, dental, and adaptive behavior or independent living skill assessments. If the results from these four assessments are insufficient for determining service needs or if the results indicate a need for additional assessments, such assessments and services shall be obtained.

(OO) "Residential facility" means a home or facility in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under section 5126.05 of the Revised Code, a county home or district home operated pursuant to Chapter 5155. of the Revised Code, or a dwelling in which the only mentally retarded or developmentally disabled residents

are in an independent living arrangement or are being provided supported living pursuant to sections 5126.40 to 5126.47 of the Revised Code, or an assisted living facility under Chapter 3726. of the Revised Code.

(PP) "Residential services" mean services to individuals with mental retardation or 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.

(QQ) "Restraint" means inhibiting, controlling or limiting the behavior of an individual. (RR) "Revocation" means the nullification of a certificate or license.

(SS) "Rule," as defined in section 119.01 of the Revised Code, means any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency, but it does not include regulations concerning internal management of the agency which do not affect private rights.

(TT) "Self-help skills" mean those skills needed to care for oneself, including such areas as eating, toileting, dressing, and bathing. social skills related to self-help areas are also included.

(UU) "Service description" means a written statement defining the range, type and scope of services, therapies and interventions provided by the residential facility.

(X)        "Significant change of ownership" means a change in the ownership of a residential facility or in the identity of the licensee or management contractor, including the following:

(1)   For a corporation, when fifty per cent or more of the financial interest is sold;

(2)    For a proprietorship, when the proprietor sells fifty per cent or more of his interest to another legal entity;

(3)   For a partnership, when there is a change in one or more partners when the new partner(s) acquires the largest interest;

(4)     In a family-owned business where present family management has been in control for five years or more and a change of ownership occurs between family members. It is permissible, upon request from the provider of the

business, to determine that no significant change of ownership has occurred since the business was started.

(WW) "Support staff" means those personnel employed by the residential facility who are not habilitation staff or professional staff, including, but not limited to, secretaries, clerks, housekeepers, maintenance and laundry personnel.

(XX) "Waiver" means written time-limited permission granted by the director or his designee to allow the licensee to be exempt from the conditions or specific requirements of a rule.

Effective:                                                     01/01/2006

R.C. 119.032 review dates:                         09/30/2005

CERTIFIED ELECTRONICALLY

Certification

12/05/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           5123.04, 5123.19

Rule Amplifies:                                  5123.04, 5123.19

Prior Effective Dates:                         10/31/77, 6/12/81, 9/30/83, 11/16/90, 1/8/94, 5/18/95,

1/1/98