ohio dodd disqualifying offenses
(B) Except as provided in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. Relationships between personnel and the agents of the Ohio protection and advocacy system and its clients shall be fiduciary relationships, and all communications shall be privileged as if between attorney and client. (A) There is hereby established at each institution and branch institution under the control of the department of developmental disabilities a citizen's advisory council. The administrative and oversight costs of medicaid case management services and home and community-based services shall include costs for staff, systems, and other resources the department needs and dedicates solely to the following duties associated with the services: (f) Other duties the department identifies. (c) If the order will suspend the provider's authority to continue to provide supported living to an individual who receives supported living from the provider at the time the director issues the order, both of the following are the case: (i) The director makes the individual, or the individual's guardian, aware of the director's determination under division (D)(1)(b) of this section and the individual or guardian does not select another provider. (G) "Metered dose inhaled medication" means a premeasured medication administered by inhalation using a hand-held dispenser or aerosol nebulizer. (A) "Chief medical officer" means the licensed physician appointed by the managing officer of an institution for persons with intellectual disabilities with the approval of the director of developmental disabilities to provide medical treatment for residents of the institution. (J) The managing officer admitting a person pursuant to a judicial proceeding, within ten working days of the admission, shall make a report of the admission to the department. (5)(a) Except as provided in division (A)(5)(b) of this section, "residential facility" means a home or facility, including an ICF/IID, in which an individual with a developmental disability resides. As used in this section, "school district of residence" has the same meaning as in section 3323.01 of the Revised Code. Except as provided in division (C) of this section, the department shall maintain the records described in this division in its office. If the department finds that the report involves action or inaction that may constitute a crime under federal law or the law of this state, it shall submit a report of its investigation, in writing, to the law enforcement agency. (C) When it receives an inquiry regarding whether an individual is included in the registry, the department shall inform the person making the inquiry whether the individual is included in the registry. (3) In the case of individuals described in divisions (A)(3), (4), (5), (6), and (8) of this section, all of the following apply: (a) Without nursing delegation, developmental disabilities personnel may perform health-related activities. PROVIDER REQUIREMENTS CHECK LIST - Lucas County, Ohio Not later than thirty days after the date a request is received, the board shall complete the assessment and provide to the person a report of its findings and recommendations. (B) Unless, upon completion of the hearing, the court finds by clear and convincing evidence that the respondent named in the affidavit is a person with an intellectual disability subject to institutionalization by court order, it shall order the respondent's discharge forthwith. (ii) The attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient has suffered or faces a substantial risk of suffering any wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient. The department may provide assistance to the board in the performance of the assessment. (B) All certificates, applications, records, and reports made for the purpose of this chapter, other than court journal entries or court docket entries, that directly or indirectly identify a resident or former resident of an institution for persons with intellectual disabilities or person whose institutionalization has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except in the following situations: (1) It is the judgment of the court for judicial records, and the managing officer for institution records, that disclosure is in the best interest of the person identified, and that person or that person's guardian or, if that person is a minor, that person's parent or guardian consents. The director of developmental disabilities shall credit all amounts paid to the director under section 5123.371 of the Revised Code to the fund. The affidavit may be filed only by a person who has custody of the individual as a parent, guardian, or service provider or by a person acting on behalf of the department or a county board of developmental disabilities. (d) A subcontractor in the case of either of the following: (i) A person who is an applicant because the person is under final consideration for a direct services position with the subcontractor; (ii) A person who is an employee because the person is employed in a direct services position by the subcontractor. Disqualification of Felons and Other "Bad Actors" from Rule 506 If the plan of correction is not approved and the director initiates a proceeding to revoke the provider's certification, a copy of the survey report shall be provided to any person or government entity that requests it and shall be made available on the internet web site maintained by the department. (5) If the court, after a hearing upon a request to continue commitment, finds that the respondent is a person with an intellectual disability subject to institutionalization by court order, the court may make an order pursuant to divisions (C), (D), and (E) of this section. (A) As used in this section, " developmental disabilities employee" means all of the following: (3) An employee in a position that includes providing specialized services, as defined in section 5123.50 of the Revised Code, to an individual with a developmental disability. (A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is guilty of a misdemeanor of the first degree. Each provider shall make available to all persons receiving services and all employees and visitors a copy of the list of rights and the addresses and telephone numbers of the Ohio protection and advocacy system, the department of developmental disabilities, and the county board of developmental disabilities of the county in which the provider provides services. (B) No person or government entity may provide supported living without a valid supported living certificate issued by the director of developmental disabilities. (F)(1) A report obtained pursuant to this section is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the following: (a) The applicant who is the subject of the report or the applicant's representative; (b) The director or the director's representative; (c) Any court, hearing officer, or other necessary individual involved in a case dealing with any of the following: (i) The denial of a supported living certificate or refusal to renew a supported living certificate; (ii) The denial, suspension, or revocation of a certificate under section 5123.45 of the Revised Code; (iii) A civil or criminal action regarding the medicaid program. In no case shall the guardianship of a person with an intellectual disability be assigned to the managing officer or any other employee of an institution in which the person is institutionalized, or be assigned, unless there is a relationship by blood or marriage or unless the service is a protective service as defined in section 5123.55 of the Revised Code, to a person or agency who provides services to the person with an intellectual disability. All persons who are not subject to any criminal provisions and who act reasonable and in good faith, either upon actual knowledge or upon information reasonably thought by them to be reliable, shall be free from any liability to a person institutionalized in institutions for persons with i ntellectual disabilities or to any other person in their procedural or physical assistance administered in the course of the institutionalization or discharge of a person pursuant to the provisions of this chapter. In the case of an individual who resides in a residential facility and is preparing to move into an independent living arrangement and the individual's liable relative, the department of developmental disabilities may waive the support collection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent living. Whenever "mentally retarded person subject to institutionalization by court order" or any derivation of that term is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to have the same meaning established by or derived from the definition of "person with an intellectual disability subject to institutionalization by court order" contained in section 5123.01 of the Revised Code, including the definition of "moderate level of intellectual disability" contained in that section. Attesting to no disqualifying offenses Agreeing to notifying the agency or department if charged with, convicted of, or found eligible for intervention in lieu of conviction for a disqualifying . Each time the term of a voting member expires, the managing officer of the institution with which the council is associated shall recommend to the director one or more persons to serve on the council. H.B. The director shall also do both of the following: (a) Specify a date by which the licensee may appeal any of the citations; (b) When appropriate, specify a timetable within which the licensee must submit a plan of correction describing how the problems specified in the citations will be corrected and, the date by which the licensee anticipates the problems will be corrected. (B) Before a person or government entity hires, contracts with, or employs an individual as a developmental disabilities employee, the person or government entity shall inquire whether the individual is included in the registry. This presentation recognizes the principle stated in R.C. Ohio Department of Developmental Disabilities. If the instrument creating the trust failed to make any terms of disposition, or if no trust was in evidence, the decedent resident's money, saving or commercial deposits, dividends or distributions, bonds, or any other interest-bearing debt certificate or stamp issued by the United States government shall escheat to the state. (C) The Ohio protection and advocacy system may compel by subpoena the appearance and sworn testimony of any person the Ohio protection and advocacy system reasonably believes may be able to provide information or to produce any documents, books, records, papers, or other information necessary to carry out its duties. (C) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. (3) A responsible entity may request that a state agency, entity of local government, or private entity send copies to the responsible entity of any report regarding a records check or criminal records check that the agency or entity possesses, if the responsible entity obtains the written consent of the individual who is the subject of the report. (B)(1) The director of developmental disabilities may change the terms of an agreement entered into with a county board of developmental disabilities or private, nonprofit agency pursuant to section 5123.36 of the Revised Code or other statutory authority in effect before July 1, 1980, regarding the construction, acquisition, or renovation of a residential facility if all of the following apply: (a) The agreement was entered into during the period beginning January 1, 1975, and ending December 31, 1984. (A) Subject to division (B) of this section, on receipt of a report of a major unusual incident made pursuant to section 5123.61 or 5126.31 of the Revised Code or rules adopted under section 5123.612 of the Revised Code, the department of developmental disabilities may do either of the following: (1) Conduct an independent review or investigation of the incident; (2) Request that an independent review or investigation of the incident be conducted by a county board of developmental disabilities that is not implicated in the report, a regional council of government, or any other entity authorized to conduct such investigations. If a criminal record check for a person either hired (the actual start date) or under consider for employment indicates s/he has been placed in intervention in lieu of conviction for any of the disqualifying offenses listed in the background investigations rule, the person cannot be employed by DODD, a county board of developmental disabilities, or a provider agency. In this circumstance, the licensee may not submit a plan of correction. (B) All persons entitled to notice under this section may waive that notice. (A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. "Renovation" does not include work that consists primarily of maintenance repairs and replacements necessary due to normal use, wear and tear, or deterioration. (B) To receive a certificate issued under this section, developmental disabilities personnel and registered nurses shall successfully complete the applicable training course or courses and meet all other applicable requirements established in rules adopted pursuant to this section. If after a period of one year from the time the resident has left the institution or has died, the managing officer has been unable to locate the person or the person's legal representative, then, upon proper notice of that fact, the director shall at that time formulate in writing a method of disposition on the minutes of the department authorizing the managing officer to convert such intangible personal property to cash to be paid into the state treasury to the credit of the general revenue fund. (B) The department of developmental disabilities may enter into interagency agreements with any of the government entities on the task force. Last updated October 20, 2021 at 11:23 AM. On receipt of a notice under section 2930.061 or 5123.541 of the Revised Code, the department shall review the notice. (C) The department of developmental disabilities shall adopt rules with respect to the systematic and periodic destruction of residents' records. (2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. If the director or designee determines that the standard has been met and that no extenuating circumstances exist, the director or designee shall notify the director of developmental disabilities that the developmental disabilities employee is to be included in the registry established under section 5123.52 of the Revised Code. (B) In case of an accident or injury or peculiar death of an institution resident the managing officer shall make a special report to the department within twenty-four hours thereafter, giving the circumstances as fully as possible. (A) If the department of developmental disabilities determines pursuant to an audit conducted under section 5123.05 of the Revised Code that money is owed the state by a provider of a service or program, the department may enter into a payment agreement with the provider. (3) "Integrated setting" means a setting typically found in the community where individuals with developmental disabilities interact with individuals who do not have disabilities to the same extent that individuals in comparable positions who are not disabled interact with other individuals, including in employment settings in which employees interact with the community through technology. Section 5123.081 - Ohio Revised Code | Ohio Laws (D) When the operating revenue of a residential facility in receivership is insufficient to meet its operating expenses, including the cost of bringing the facility into compliance with state or federal laws or regulations, the court may order the state to provide necessary funding, except as provided in division (K) of this section. (J)(1) A licensee shall notify the owner of the building in which the licensee's residential facility is located of any significant change in the identity of the licensee or management contractor before the effective date of the change if the licensee is not the owner of the building. Ohio Administrative Code / 3701 / Chapter 3701-13 | Hiring of Direct-Care Provider Employees Effective: November 25, 2007 Promulgated Under: 119.03 PDF: Download Authenticated PDF (2) All money in a personal deposit fund in excess of ten dollars not due for the support of a resident, shall be placed to the credit of the institution's local account designated as the "industrial and entertainment" fund. (G) A responsible entity may employ an applicant conditionally pending receipt of a report regarding the applicant requested under this section. In Ohio's DD system, people have undeniable rights within the services and support they receive. (C) Certificates issued to developmental disabilities personnel are valid for one year and may be renewed. If, at the end of this period, no demand has been made by the owner of the property or the owner's legal representative, the managing officer shall file with the county recorder of the county of commitment of such owner, all deeds, wills, contract mortgages, or assignments. (d) With nursing delegation, developmental disabilities personnel may administer prescribed medications through gastrostomy and jejunostomy tubes, if the tubes being used are stable and labeled. (4) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code. Thus, so long as a motor carrier knows, or should have known, of a driver's conviction for a disqualifying offense, it is prohibited from using the driver during the disqualification period. (e) A copy of the written report and recommendation of the hearing examiner shall be sent, by certified mail, to the licensee and the licensee's attorney, if applicable, not later than five days after the report is filed. (E) In accordance with section 5123.46 of the Revised Code, the department of developmental disabilities shall adopt rules governing its implementation of this section. The director of developmental disabilities may transfer or authorize the transfer of an involuntary resident or a consenting voluntary resident from one public institution to another or to an institution other than a public institution or other facility, if the director determines that it would be consistent with the habilitation needs of the resident to do so. Please be sure you have the most up-to-date information by using the file available on this page, instead of storing one on your computer system. When those indigent persons are before the court, all filing and recording fees shall be waived. The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges, or schools to establish, manage, and conduct residency training programs for students enrolled in courses of studies for occupations or professions which may be determined by the director to be needed by the department to provide adequate care and treatment for the residents of any institution administered by the director.