5123:2-3-14 Personal funds of the individual.  

  • Text Box: ACTION: Original Text Box: DATE: 09/30/2005 1:17 PM

     

     

     

    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  Monday, November 7, 2005, beginning at 10:00 A.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, amendment, and adoption of the following rules under Chapter 5123:2-3 of the Ohio Administrative Code pertaining to licensed residential facilities:

     

    Rule 5123:2-3-01 entitled  "Definitions" 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 5123:2-3-01 entitled "Definitions" is a new rule being proposed for adoption to update definitions of terminology for consistency with statute and other rules and to eliminate terms no longer used in the licensure rules.

     

    Rule 5123:2-3-03 entitled "Establishing a term license" is being proposed for amendment to revise the schedule of scores needed to pass a standard and to update the licensure survey tool for compliance with proposed changes in other licensure rules.  This rule establishes the standards used by the department to determine the license term of a residential facility.

     

    Rule 5123:2-3-04 entitled "General requirements" is being proposed for amendment based on a five-year review of the rule conducted under section 119.032 of the Revised Code.   This rule establishes general standards for the operation of residential facilities and is being amended to add a reference to individual plans as it pertains to providing and arranging for transportation services, to delete language on licensed capacity as covered in another licensure rule, to clarify language pertaining to individual rights, and to eliminate a reference to a rule no longer in existence.

     

    Rule 5123:2-3-07 entitled "Employment and staffing" 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 5123:2-3-07 entitled "Employment and staffing" is a new rule being proposed for adoption to update and replace current rule 5123:2-3-07.  This rule establishes requirements for employing staff and maintaining personnel records and to establish minimum staff standards to ensure the health and safety of individuals residing in licensed residential facilities.

     

    Rule 5123:2-3-08 entitled "Staff training" 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 5123:2-3-08 entitled "Staff training" is a new rule being proposed for adoption to update and replace current rule 5123:2-3-08.  This rule establishes the minimum and continuing education/training requirements for staff of a residential facility in order to maintain and increase the competencies of all staff in areas relevant to their respective job responsibilities.

     

    Rule 5123:2-3-10 entitled "Physical environment" is being proposed for amendment based on a five-year review of the rule conducted under section 119.032 of the Revised Code.  This rule establishes the minimum physical environment standards to ensure that each facility provides a

     

     

     

     

     

    safe, health, and home-like living environment for individuals.  The rule is being amended to add a requirement for window treatment in bedrooms for privacy, to revise and clarify language

    pertaining to aspects of the interior and exterior of the facility and furnishings and equipment, and to establish training requirements for individuals.

    Rule 5123:2-3-11 entitled "Fire control and emergency response plans" 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 5123:2-3-11 entitled "Fire safety and emergency response plans" is a new rule being proposed for adoption to update and replace current rule 5123:2-3-11.  This rule establishes standards for fire safety, responses to weather emergencies, natural disasters or any emergency that may require the physical evacuation or relocation of individuals in a residential facility.

    Rule 5123:2-3-12 entitled "Food, clothing, and personal belongings" is being proposed for amendment based on a five-year review of the rule conducted under section 119.032 of the Revised Code.   This rule establishes requirements to ensure the basic food and clothing needs  of an individual and to ensure that an individual's clothing and personal items are adequately accounted for and maintained by the residential facility.  The rule is being amended to change "personal belongings" to "personal items" and to eliminate policy provisions and update language.

    Rule 5123:2-3-13 entitled "Individual records" 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 5123:2-3-13 entitled "Individual records" is a new rule being proposed for adoption to update and replace current rule 5123:2-3-13.  This rule establishes standards to ensure that records of the individual are readily accessible for implementation of services and supports and for department review during surveys and to ensure the confidentiality of information contained in those records.

    Rule 5123:2-3-14 entitled "Personal funds of the individual" is being proposed for amendment based on a five-year review of the rule conducted under section 119.032 of the Revised Code.  This rule establishes standards of accountability in the licensee's handling of an individual's personal funds when the individual's plan indicates the licensee to be responsible for handling the individual's funds.   The rule is being amended to clarify the purpose statement and what is required as proof of a purchase when money is given to the indivi dual or the individual's parent or guardian and to address the disposition of funds upon the death of an individual.

    Any written comments on the proposed licensure 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:debbie.marcum@dmr.state.oh.us).

    The proposed rules are available on the Legislative Service Commission's 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.

Document Information

File Date:
2005-09-30
Five Year Review:
Yes
CSI:
Yes
Notice File:
5123$2_NO_27571_20050930_1317.pdf
Rule File:
5123$2-3-14_PH_OF_A_RU_20050930_1317.pdf
RSFA File:
5123$2-3-14_PH_OF_A_RS_20050930_1317.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5123:2-3-14. Personal funds of the individual