3793:5-1-06 Prevention standards - activity/consumer records.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Alcohol and Drug Addiction Services

Agency Name

 

Prevention Standards                                         Jodi Elsass-Locker

Division                                                                  Contact

 

2 Nationwide Plaza 280 N High St, 12th floor Columbus OH 43215-2537

614-466-9018        614-752-8645

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3793:5-1-06

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Prevention Standards - Activity/Consumer records.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

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: 3793.02(D), 3793.06

5.  Statute(s) the rule, as filed, amplifies or implements: 3793.06

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

This rule is being filed to state the minimum activity/consumer records requirements that an agency must meet in order to be certified by ODADAS as an alcohol and other drug addiction prevention provider.

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 describes the documentation necessary for services provided, policies

needed regarding consumer records, and the requirement to follow federal confidentiality laws in regards to consumer records.

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 Title 42 Code of Federal Regulations Part 2 which is easily attainable from the federal government website.

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:

It is infeasible to attach these references electronically because of the size of the documents as well as the fact that they are on an easily accessible website, and interested parties are familiear with the references and their websites.

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:

To correct grammatical errors, to ensure consistency of the words "program" and "agency" and to combine the definitions for prevention and prevention services. To update the definitions with changes from our constituents during our Continuium of Care meetings.

12.  119.032 Rule Review Date:

(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

No impact on ODADAS. Current staff will do a paper review of information to determine if the provider meets this standard. Agencies would have been preparing these records previously if they were practicing prevention strategies.

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:

No estimated costs associated with this rule. The processes listed are part of a good business practice that is already being followed in the field. The federal confidentiality law has already been in practice in the field.

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