Ohio Admin. Code 5122:2-1-05 - Board operation of mental health or addiction services or facilities
(A)
The purpose of this rule is to establish the
requirements and procedures for department of mental health and addiction
services authorization of a board of alcohol, drug addiction, and mental health
services to operate a facility or provide an addiction service or mental health
service.
(B)
The provisions of this rule apply to any mental health
or addiction service or activity specified section
340.036
of the Revised Code, or to any facility in which such services are provided,
and which operate under contract with the board.
(C)
Definitions For
the purposes of this rule and section
340.037
of the Revised Code the following definitions apply:
(1)
"Board" means a
board of alcohol, drug addiction, and mental health services constituted
according to section
340.02
of the Revised Code, or a community mental health board or an alcohol and drug
addiction services board as described in section
340.021
of the Revised Code.
(2)
"Director" means the chief executive and administrative
officer of the Ohio department of mental health and addiction
services.
(3)
"Emergency" means the imminent risk of a severe
disruption or discontinuation of direct client services. For example, the
sudden and unanticipated loss of funding or the loss of key staff may create a
severe disruption or discontinuation of services.
(4)
"Facility" means
a building, structure or other improvement, equipment, and real property and
interests in real property.
(5)
"Operation of
services, or facilities" means decision making or control and influence over
decision making in the management or performance of a service, or
facility.
(D)
Section
340.036
of the Revised Code requires that addiction servess and mental health services
be delivered by providers under contract with a board. Services may be directly
provided by a board only in the exceptional circumstances described in section
340.037
of the Revised Code.
(E)
Where prior approval of the director is required
pursuant to either division (A)(1) or division (B)(3) of section
340.037
of the Revised Code for a board to operate a facility or provide an addiction
service or mental healthservicee, the request for approval shall include:
(1)
Evidence that
either:
(a)
There is no other qualified private or public facility,
community addiction services provider, or community mental health services
provider that is immediately available and willing to operate such a facility
or provide the service; or,
(b)
There exists an
emergency necessitating the board operating the facility or providing the
service;
(2)
The projected time period during which the board
intends to operate the facility or provide the service;
(3)
Assurance of the
prompt development of a plan for ensuring that another provider will assume
responsibility for operating the facility or provide the service;
and,
(4)
The operating plan for board provision of the service
or facility.
(F)
Any board which operates a facility or provides a
service under the provisions of this rule and section
340.037
of the Revised Code shall comply with all requirements and standards as
specified in rules of the department promulgated pursuant to Chapter 119. of
the Revised Code which are applicable to contract providers.
(G)
The director
shall notify the requesting board of approval or disapproval in writing within
sixty days of department receipt of all required evidence, assurances, and
plans as specified in paragraph (E) of this rule. If a board submits a request
to operate a facility or mental health or addiction service in an emergency,
the director shall notify the requesting board of approval or disapproval
within fourteen days of department receipt of all required evidence, assurances
and plans, or the director shall notify the requesting board of the date by
which the department expects to issue a response. The time frame for response
shall take into consideration the nature of the emergency and the projected
date identified by the board to begin operation of services or a facility, and
shall not exceed sixty day of receipt of all required evidence, assurances and
plans as specified in paragraph (E) of this rule.
Replaces: 5122:2-1-05
Notes
Promulgated Under: 119.03
Statutory Authority: 5119.21
Rule Amplifies: 340.037
Prior Effective Dates: 09/24/1984, 04/15/2012
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