Bill Text: OH HB369 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 369 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: , to amend Section 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly, and to repeal Section 327.83 of Am. Sub. H.B. 59 of the 130th General Assembly, with respect to the administration, funding, and provision of mental health and addiction services.

Spectrum: Moderate Partisan Bill (Republican 20-5)

Status: (Engrossed - Dead) 2014-04-10 - To Finance [HB369 Detail]

Download: Ohio-2013-HB369-Comm_Sub.html

As Reported by the House Health and Aging Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 369

Representative Sprague

Cosponsors: Representatives Antonio, Boose, Buchy, Butler, Letson, Patterson, Scherer, Sears, Sheehy, Smith, Wachtmann

A BILL

To amend sections 340.01, 340.03, 340.08, 340.09,

340.15, 5119.01, 5119.21, 5119.22, 5119.23,

5119.25, and 5119.34 and to enact sections

340.092, 340.20, 340.201, 5119.221, 5119.222, and

5119.362 of the Revised Code, and to repeal

Section 327.83 of Am. Sub. H.B. 59 of the 130th

General Assembly, to establish requirements for

boards of alcohol, drug addiction, and mental

health services regarding treatment services for

opioid and co-occurring drug addiction; to require

adoption of rules regarding intake and resumption

of service procedures for community alcohol and

drug addiction services providers; to help defray

payroll costs associated with a court's employment

of drug court case managers; to provide a state

share of the capital costs of recovery housing

projects; and to make appropriations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 340.01, 340.03, 340.08, 340.09,	18
340.15, 5119.01, 5119.21, 5119.22, 5119.23, 5119.25, and 5119.34	19
be amended and sections 340.092, 340.20, 340.201, 5119.221,	20
5119.222, and 5119.362 of the Revised Code be enacted to read as	21
follows:	22

Sec. 340.01. (A) As used in this chapter~~, "addiction,"~~:

(1) "Addiction," "addiction services," "alcohol and drug	24
addiction services," "community addiction services provider,"	25
"community alcohol and drug addiction services provider,"	26
"community mental health services provider," "drug addiction,"	27
"gambling addiction services," "mental health services," and	28
"mental illness" have the same meanings as in section 5119.01 of	29
the Revised Code.	30

(2) "Recovery housing" means housing for individuals	31
recovering from drug addiction that provides an alcohol and	32
drug-free living environment, peer support, assistance with	33
obtaining drug addiction services, and other drug addiction	34
recovery assistance.	35

(B) An alcohol, drug addiction, and mental health service	36
district shall be established in any county or combination of	37
counties having a population of at least fifty thousand to provide	38
addiction services and mental health services. With the approval	39
of the director of mental health and addiction services, any	40
county or combination of counties having a population of less than	41
fifty thousand may establish such a district. Districts comprising	42
more than one county shall be known as joint-county districts.	43

The board of county commissioners of any county participating	44
in a joint-county district may submit a resolution requesting	45
withdrawal from the district together with a comprehensive plan or	46
plans that are in compliance with rules adopted by the director of	47
mental health and addiction services under section 5119.22 of the	48
Revised Code, and that provide for the equitable adjustment and	49
division of all services, assets, property, debts, and	50
obligations, if any, of the joint-county district to the board of	51
alcohol, drug addiction, and mental health services, to the boards	52
of county commissioners of each county in the district, and to the	53
~~directors~~director. No county participating in a joint-county	54
service district may withdraw from the district without the	55
consent of the director of mental health and addiction services	56
nor earlier than one year after the submission of such resolution	57
unless all of the participating counties agree to an earlier	58
withdrawal. Any county withdrawing from a joint-county district	59
shall continue to have levied against its tax list and duplicate	60
any tax levied by the district during the period in which the	61
county was a member of the district until such time as the levy	62
expires or is renewed or replaced.	63

Sec. 340.03. (A) Subject to rules issued by the director of	64
mental health and addiction services after consultation with	65
relevant constituencies as required by division (A)(10) of section	66
5119.21 of the Revised Code, the board of alcohol, drug addiction,	67
and mental health services shall:	68

(1) Serve as the community addiction and mental health	69
services planning agency for the county or counties under its	70
jurisdiction, and in so doing it shall:	71

(a) Evaluate the need for facilities and community addiction	72
and mental health services;	73

(b) In cooperation with other local and regional planning and	74
funding bodies and with relevant ethnic organizations, assess the	75
community addiction and mental health needs, evaluate strengths	76
and challenges, and set priorities for community addiction and	77
mental health services, including treatment and prevention. When	78
the board sets priorities for the operation of addiction services,	79
the board shall consult with the county commissioners of the	80
counties in the board's service district regarding the services	81
described in section 340.15 of the Revised Code and shall give	82
priority to those services, except that those services shall not	83
have a priority over services provided to pregnant women under	84
programs developed in relation to the mandate established in	85
section 5119.17 of the Revised Code;	86

(c) In accordance with guidelines issued by the director of	87
mental health and addiction services after consultation with board	88
representatives, annually develop and submit to the department of	89
mental health and addiction services a community addiction and	90
mental health services plan listing community addiction and mental	91
health services needs, including the needs of all residents of the	92
district currently receiving inpatient services in state-operated	93
hospitals, the needs of other populations as required by state or	94
federal law or programs, the needs of all children subject to a	95
determination made pursuant to section 121.38 of the Revised Code,	96
and priorities for facilities and community addiction and mental	97
health services during the period for which the plan will be in	98
effect.	99

In alcohol, drug addiction, and mental health service	100
districts that have separate alcohol and drug addiction services	101
and community mental health boards, the alcohol and drug addiction	102
services board shall submit a community addiction services plan	103
and the community mental health board shall submit a community	104
mental health services plan. Each board shall consult with its	105
counterpart in developing its plan and address the interaction	106
between the local addiction services and mental health services	107
systems and populations with regard to needs and priorities in	108
developing its plan.	109

The department shall approve or disapprove the plan, in whole	110
or in part, according to the criteria developed pursuant to	111
section 5119.22 of the Revised Code. Eligibility for state and	112
federal funding shall be contingent upon an approved plan or	113
relevant part of a plan.	114

If a board determines that it is necessary to amend a plan	115
that has been approved under this division, the board shall submit	116
a proposed amendment to the director. The director may approve or	117
disapprove all or part of the amendment. The director shall inform	118
the board of the reasons for disapproval of all or part of an	119
amendment and of the criteria that must be met before the	120
amendment may be approved. The director shall provide the board an	121
opportunity to present its case on behalf of the amendment. The	122
director shall give the board a reasonable time in which to meet	123
the criteria, and shall offer the board technical assistance to	124
help it meet the criteria.	125

The board shall operate in accordance with the plan approved	126
by the department.	127

(d) Promote, arrange, and implement working agreements with	128
social agencies, both public and private, and with judicial	129
agencies.	130

(2) Investigate, or request another agency to investigate,	131
any complaint alleging abuse or neglect of any person receiving	132
services from a community addiction or mental health services	133
provider certified under section 5119.36 of the Revised Code or	134
alleging abuse or neglect of a resident receiving addiction	135
services or with mental illness or severe mental disability	136
residing in a residential facility licensed under section 5119.34	137
of the Revised Code. If the investigation substantiates the charge	138
of abuse or neglect, the board shall take whatever action it	139
determines is necessary to correct the situation, including	140
notification of the appropriate authorities. Upon request, the	141
board shall provide information about such investigations to the	142
department.	143

(3) For the purpose of section 5119.36 of the Revised Code,	144
cooperate with the director of mental health and addiction	145
services in visiting and evaluating whether the services of a	146
community addiction or mental health services provider satisfy the	147
certification standards established by rules adopted under that	148
section;	149

(4) In accordance with criteria established under division	150
(E) of section 5119.22 of the Revised Code, conduct program audits	151
that review and evaluate the quality, effectiveness, and	152
efficiency of services provided through its community addiction	153
and mental health contracted services and submit its findings and	154
recommendations to the department of mental health and addiction	155
services;	156

(5) In accordance with section 5119.34 of the Revised Code,	157
review an application for a residential facility license and	158
provide to the department of mental health and addiction services	159
any information about the applicant or facility that the board	160
would like the department to consider in reviewing the	161
application;	162

(6) Audit, in accordance with rules adopted by the auditor of	163
state pursuant to section 117.20 of the Revised Code, at least	164
annually all programs and services provided under contract with	165
the board. In so doing, the board may contract for or employ the	166
services of private auditors. A copy of the fiscal audit report	167
shall be provided to the director of mental health and addiction	168
services, the auditor of state, and the county auditor of each	169
county in the board's district.	170

(7) Recruit and promote local financial support for addiction	171
and mental health services from private and public sources;	172

(8)(a) Enter into contracts with public and private	173
facilities for the operation of facility services and enter into	174
contracts with public and private community addiction and mental	175
health service providers for the provision of community addiction	176
and mental health services. The board may not contract with a	177
residential facility subject to section 5119.34 of the Revised	178
Code unless the facility is licensed by the director of mental	179
health and addiction services and may not contract with a	180
community addiction or mental health services provider to provide	181
community addiction or mental health services unless the services	182
are certified by the director of mental health and addiction	183
services under section 5119.36 of the Revised Code. Section 307.86	184
of the Revised Code does not apply to contracts entered into under	185
this division. In contracting with a community addiction or mental	186
health services provider, a board shall consider the cost	187
effectiveness of services provided by that provider and the	188
quality and continuity of care, and may review cost elements,	189
including salary costs, of the services to be provided. A	190
utilization review process may be established as part of the	191
contract for services entered into between a board and a community	192
addiction or mental health services provider. The board may	193
establish this process in a way that is most effective and	194
efficient in meeting local needs.	195

If either the board or a facility or community addiction or	196
mental health services provider with which the board contracts	197
under this division proposes not to renew the contract or proposes	198
substantial changes in contract terms, the other party shall be	199
given written notice at least one hundred twenty days before the	200
expiration date of the contract. During the first sixty days of	201
this one hundred twenty-day period, both parties shall attempt to	202
resolve any dispute through good faith collaboration and	203
negotiation in order to continue to provide services to persons in	204
need. If the dispute has not been resolved sixty days before the	205
expiration date of the contract, either party may notify the	206
department of mental health and addiction services of the	207
unresolved dispute. The director may require both parties to	208
submit the dispute to a third party with the cost to be shared by	209
the board and the facility or provider. The third party shall	210
issue to the board, the facility or provider, and the department	211
recommendations on how the dispute may be resolved twenty days	212
prior to the expiration date of the contract, unless both parties	213
agree to a time extension. The director shall adopt rules	214
establishing the procedures of this dispute resolution process.	215

(b) With the prior approval of the director of mental health	216
and addiction services, a board may operate a facility or provide	217
a community addiction or mental health service as follows, if	218
there is no other qualified private or public facility or	219
community addiction or mental health services provider that is	220
immediately available and willing to operate such a facility or	221
provide the service:	222

(i) In an emergency situation, any board may operate a	223
facility or provide a community addiction or mental health service	224
in order to provide essential services for the duration of the	225
emergency;	226

(ii) In a service district with a population of at least one	227
hundred thousand but less than five hundred thousand, a board may	228
operate a facility or provide a community addiction or mental	229
health service for no longer than one year;	230

(iii) In a service district with a population of less than	231
one hundred thousand, a board may operate a facility or provide a	232
community addiction or mental health service for no longer than	233
one year, except that such a board may operate a facility or	234
provide a community addiction or mental health service for more	235
than one year with the prior approval of the director and the	236
prior approval of the board of county commissioners, or of a	237
majority of the boards of county commissioners if the district is	238
a joint-county district.	239

The director shall not give a board approval to operate a	240
facility or provide a community addiction or mental health service	241
under division (A)(8)(b)(ii) or (iii) of this section unless the	242
director determines that it is not feasible to have the department	243
operate the facility or provide the service.	244

The director shall not give a board approval to operate a	245
facility or provide a community addiction or mental health service	246
under division (A)(8)(b)(iii) of this section unless the director	247
determines that the board will provide greater administrative	248
efficiency and more or better services than would be available if	249
the board contracted with a private or public facility or	250
community addiction or mental health services provider.	251

The director shall not give a board approval to operate a	252
facility previously operated by a person or other government	253
entity unless the board has established to the director's	254
satisfaction that the person or other government entity cannot	255
effectively operate the facility or that the person or other	256
government entity has requested the board to take over operation	257
of the facility. The director shall not give a board approval to	258
provide a community addiction or mental health service previously	259
provided by a community addiction or mental health services	260
provider unless the board has established to the director's	261
satisfaction that the provider cannot effectively provide the	262
service or that the provider has requested the board take over	263
providing the service.	264

The director shall review and evaluate a board's operation of	265
a facility and provision of community addiction or mental health	266
service under division (A)(8)(b) of this section.	267

Nothing in division (A)(8)(b) of this section authorizes a	268
board to administer or direct the daily operation of any facility	269
or community addiction or mental health services provider, but a	270
facility or provider may contract with a board to receive	271
administrative services or staff direction from the board under	272
the direction of the governing body of the facility or provider.	273

(9) Approve fee schedules and related charges or adopt a unit	274
cost schedule or other methods of payment for contract services	275
provided by community addiction or mental health services	276
providers in accordance with guidelines issued by the department	277
as necessary to comply with state and federal laws pertaining to	278
financial assistance;	279

(10) Submit to the director and the county commissioners of	280
the county or counties served by the board, and make available to	281
the public, an annual report of the services under the	282
jurisdiction of the board, including a fiscal accounting;	283

(11) Establish, to the extent resources are available, a full	284
spectrum of care for all levels of treatment services for opioid	285
and co-occurring drug addiction and a continuum of care~~, which~~	286
~~provides~~for other services that provide for prevention,	287
treatment, support, and rehabilitation services and opportunities.	288
The essential elements of the full spectrum and continuum of care	289
include~~, but are not limited to,~~ the following components in	290
accordance with section 5119.21 of the Revised Code:	291

(a) To locate persons in need of addiction or mental health	292
services to inform them of available services and benefits;	293

(b) Assistance for persons receiving services to obtain	294
services necessary to meet basic human needs for food, clothing,	295
shelter, medical care, personal safety, and income;	296

(c) Addiction and mental health services~~, including, but not~~	297
~~limited to,~~ outpatient, residential, partial hospitalization, and,	298
where appropriate, inpatient care;	299

(d) Emergency services and crisis intervention;

300

(e) Assistance for persons receiving services to obtain	301
vocational services and opportunities for jobs;	302

(f) The provision of services designed to develop social,	303
community, and personal living skills;	304

(g) Access to a wide range of housing and the provision of	305
residential treatment and support;	306

(h) Support, assistance, consultation, and education for	307
families, friends, persons receiving addiction or mental health	308
services, and others;	309

(i) Recognition and encouragement of families, friends,	310
neighborhood networks, especially networks that include racial and	311
ethnic minorities, churches, community organizations, and	312
community employment as natural supports for persons receiving	313
addiction or mental health services;	314

(j) Grievance procedures and protection of the rights of	315
persons receiving addiction or mental health services;	316

(k) Community psychiatric supportive treatment services,	317
which includes continual individualized assistance and advocacy to	318
ensure that needed services are offered and procured;	319

(l) Any additional component the department determines is	320
necessary to establish a full spectrum of care for all levels of	321
treatment services for opioid and co-occurring drug addiction and	322
a continuum of care for other services.	323

(12) Establish a method for evaluating referrals for	324
involuntary commitment and affidavits filed pursuant to section	325
5122.11 of the Revised Code in order to assist the probate	326
division of the court of common pleas in determining whether there	327
is probable cause that a respondent is subject to involuntary	328
hospitalization and what alternative treatment is available and	329
appropriate, if any;	330

(13) Designate the treatment services, provider, facility, or	331
other placement for each person involuntarily committed to the	332
board pursuant to Chapter 5122. of the Revised Code. The board	333
shall provide the least restrictive and most appropriate	334
alternative that is available for any person involuntarily	335
committed to it and shall assure that the listed services	336
submitted and approved in accordance with division (B) of section	337
340.08 of the Revised Code are available to severely mentally	338
disabled persons residing within its service district. The board	339
shall establish the procedure for authorizing payment for	340
services, which may include prior authorization in appropriate	341
circumstances. The board may provide for services directly to a	342
severely mentally disabled person when life or safety is	343
endangered and when no community mental health services provider	344
is available to provide the service.	345

(14) Ensure that apartments or rooms built, subsidized,	346
renovated, rented, owned, or leased by the board or a community	347
addiction or mental health services provider have been approved as	348
meeting minimum fire safety standards and that persons residing in	349
the rooms or apartments are receiving appropriate and necessary	350
services, including culturally relevant services, from a community	351
addiction or mental health services provider. This division does	352
not apply to residential facilities licensed pursuant to section	353
5119.34 of the Revised Code.	354

(15) Establish a mechanism for obtaining advice and	355
involvement of persons receiving publicly funded addiction or	356
mental health services on matters pertaining to addiction and	357
mental health services in the alcohol, drug addiction, and mental	358
health service district;	359

(16) Perform the duties required by rules adopted under	360
section 5119.22 of the Revised Code regarding referrals by the	361
board or mental health services providers under contract with the	362
board of individuals with mental illness or severe mental	363
disability to residential facilities as defined in division	364
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and	365
effective arrangements for ongoing mental health services for the	366
individuals. The board is accountable in the manner specified in	367
the rules for ensuring that the ongoing mental health services are	368
effectively arranged for the individuals.	369

(B) The board shall establish such rules, operating	370
procedures, standards, and bylaws, and perform such other duties	371
as may be necessary or proper to carry out the purposes of this	372
chapter.	373

(C) A board of alcohol, drug addiction, and mental health	374
services may receive by gift, grant, devise, or bequest any	375
moneys, lands, or property for the benefit of the purposes for	376
which the board is established, and may hold and apply it	377
according to the terms of the gift, grant, or bequest. All money	378
received, including accrued interest, by gift, grant, or bequest	379
shall be deposited in the treasury of the county, the treasurer of	380
which is custodian of the alcohol, drug addiction, and mental	381
health services funds to the credit of the board and shall be	382
available for use by the board for purposes stated by the donor or	383
grantor.	384

(D) No board member or employee of a board of alcohol, drug	385
addiction, and mental health services shall be liable for injury	386
or damages caused by any action or inaction taken within the scope	387
of the board member's official duties or the employee's	388
employment, whether or not such action or inaction is expressly	389
authorized by this section or any other section of the Revised	390
Code, unless such action or inaction constitutes willful or wanton	391
misconduct. Chapter 2744. of the Revised Code applies to any	392
action or inaction by a board member or employee of a board taken	393
within the scope of the board member's official duties or	394
employee's employment. For the purposes of this division, the	395
conduct of a board member or employee shall not be considered	396
willful or wanton misconduct if the board member or employee acted	397
in good faith and in a manner that the board member or employee	398
reasonably believed was in or was not opposed to the best	399
interests of the board and, with respect to any criminal action or	400
proceeding, had no reasonable cause to believe the conduct was	401
unlawful.	402

(E) The meetings held by any committee established by a board	403
of alcohol, drug addiction, and mental health services shall be	404
considered to be meetings of a public body subject to section	405
121.22 of the Revised Code.	406

Sec. 340.08. In accordance with rules or guidelines issued	407
by the director of mental health and addiction services, each	408
board of alcohol, drug addiction, and mental health services shall	409
do all of the following:	410

(A) Submit to the department of mental health and addiction	411
services a report of receipts and expenditures for all federal,	412
state, and local moneys the board expects to receive;.	413

(1) The report shall identify funds the board has available	414
for the full spectrum of care for all levels of treatment services	415
for opioid and co-occurring drug addiction required by division	416
(C) of section 340.09 of the Revised Code.	417

(2) The report shall identify funds the board and public	418
children services agencies in the board's service district have	419
available to fund jointly the services described in section 340.15	420
of the Revised Code.	421

~~(2)~~(3) The board's proposed budget for expenditures of state	422
and federal funds distributed to the board by the department shall	423
be deemed an application for funds, and the department shall	424
approve or disapprove the budget for these expenditures. The	425
department shall inform the board of the reasons for disapproval	426
of the budget for the expenditure of state and federal funds and	427
of the criteria that must be met before the budget may be	428
approved. The director shall provide the board an opportunity to	429
present its case on behalf of the submitted budget. The director	430
shall give the board a reasonable time in which to meet the	431
criteria and shall offer the board technical assistance to help it	432
meet the criteria.	433

If a board determines that it is necessary to amend a budget	434
that has been approved under this section, the board shall submit	435
a proposed amendment to the director. The director may approve or	436
disapprove all or part of the amendment. The director shall inform	437
the board of the reasons for disapproval of all or part of the	438
amendment and of the criteria that must be met before the	439
amendment may be approved. The director shall provide the board an	440
opportunity to present its case on behalf of the amendment. The	441
director shall give the board a reasonable time in which to meet	442
the criteria and shall offer the board technical assistance to	443
help it meet the criteria.	444

~~(3)~~(4) The director of mental health and addiction services,	445
in whole or in part, may withhold funds otherwise to be allocated	446
to a board of alcohol, drug addiction, and mental health services	447
under Chapter 5119. of the Revised Code if the board's use of	448
state and federal funds fails to comply with the approved budget,	449
as it may be amended with the approval of the department. However,	450
the director shall withhold all such funds from the board if the	451
board fails to make the full spectrum of care for all levels of	452
treatment services for opioid and co-occurring drug addiction	453
available in the board's district in accordance with division (C)	454
of section 340.09 of the Revised Code.	455

(B) Submit to the department a statement identifying the	456
services described in section 340.09 of the Revised Code the board	457
intends to make available. The board shall include the full	458
spectrum of care for all levels of treatment services for opioid	459
and co-occurring drug addiction required by division (C) of	460
section 340.09 of the Revised Code, crisis intervention services	461
for individuals in emergency situations, and services required	462
pursuant to section 340.15 of the Revised Code~~, and the~~. The board	463
shall explain the manner in which the board intends to make such	464
services available. The list of services shall be compatible with	465
the budget submitted pursuant to division (A) of this section. The	466
department shall approve or disapprove the proposed listing of	467
services to be made available. The department shall inform the	468
board of the reasons for disapproval of the listing of proposed	469
services and of the criteria that must be met before listing of	470
proposed services may be approved. The director shall provide the	471
board an opportunity to present its case on behalf of the	472
submitted listing of proposed services. The director shall give	473
the board a reasonable time in which to meet the criteria and	474
shall offer the board technical assistance to help it meet the	475
criteria.	476

(C) Enter into a continuity of care agreement with the state	477
institution operated by the department of mental health and	478
addiction services and designated as the institution serving the	479
district encompassing the board's service district. The continuity	480
of care agreement shall outline the department's and the board's	481
responsibilities to plan for and coordinate with each other to	482
address the needs of board residents who are patients in the	483
institution, with an emphasis on managing appropriate hospital bed	484
day use and discharge planning. The continuity of care agreement	485
shall not require the board to provide services other than those	486
on the list of services submitted by the board and approved by the	487
department pursuant to division (B) of this section.	488

(D) In conjunction with the department of mental health and	489
addiction services, operate a coordinated system for tracking and	490
monitoring persons found not guilty by reason of insanity and	491
committed pursuant to section 2945.40 of the Revised Code who have	492
been granted a conditional release and persons found incompetent	493
to stand trial and committed pursuant to section 2945.39 of the	494
Revised Code who have been granted a conditional release. The	495
system shall do all of the following:	496

(1) Centralize responsibility for the tracking of those	497
persons;	498

(2) Provide for uniformity in monitoring those persons;

499

(3) Provide a mechanism to allow prompt rehospitalization,	500
reinstitutionalization, or detention when a violation of the	501
conditional release or decompensation occurs.	502

(E) Submit to the department a report summarizing complaints	503
and grievances received by the board concerning the rights of	504
persons seeking or receiving services, investigations of	505
complaints and grievances, and outcomes of the investigations.	506

(F) Provide to the department information to be submitted to	507
the community addiction and mental health information system or	508
systems established by the department under Chapter 5119. of the	509
Revised Code.	510

(G) Annually, and upon any change in membership, submit to	511
the department a list of all current members of the board of	512
alcohol, drug addiction, and mental health services, including the	513
appointing authority for each member, and the member's specific	514
qualification for appointment pursuant to section 340.02 or	515
340.021 of the Revised Code, if applicable.	516

(H) Submit to the department other information as is	517
reasonably required for purposes of the department's operations,	518
service evaluation, reporting activities, research, system	519
administration, and oversight.	520

Sec. 340.09. (A) As used in this section,	521
"medication-assisted treatment" means alcohol and drug addiction	522
services that are accompanied by medication approved by the United	523
States food and drug administration for the treatment of drug	524
addiction, prevention of a relapse of drug addiction, or both.	525

(B) The department of mental health and addiction services	526
shall provide assistance to any county for ~~the~~all of the	527
following from funds the general assembly appropriates for these	528
purposes:	529

(1) The operation of ~~boards~~the board of alcohol, drug	530
addiction, and mental health services~~, the provision of services~~	531
serving the county;	532

(2) The full spectrum of care for all levels of treatment	533
services for opioid and co-occurring drug addiction that are	534
approved by the department and made available in the county by the	535
board serving the county;	536

(3) The continuum of care for other services that are	537
approved by the department ~~within the continuum of care, the~~and	538
made available in the county by the board serving the county;	539

(4) The provision of approved support functions~~, and the~~;

540

(5) The partnership in, or support for, ~~approved continuum of~~	541
~~care-related~~ activities ~~from funds appropriated for that purpose~~	542
~~by the general assembly~~related to the full spectrum of all levels	543
of treatment services for opioid and co-occurring drug addiction	544
and the continuum of care of other services.	545

~~(B)~~(C) The full spectrum of care for all levels of treatment	546
services for opioid and co-occurring drug addiction shall include	547
at least ambulatory and sub-acute detoxification, non-intensive	548
and intensive outpatient services, medication-assisted treatment,	549
peer mentoring, residential treatment services, recovery housing	550
pursuant to section 340.092 of the Revised Code, and twelve-step	551
approaches. The treatment services shall be made available in the	552
service district of each board, except that a treatment consisting	553
of sub-acute detoxification or residential treatment services for	554
opioid and co-occurring drug addiction is not required to be	555
available in a board's service district if the board has a	556
contract with one or more providers of sub-acute detoxification or	557
residential treatment services for opioid and co-occurring drug	558
addiction located in other service districts. The treatment	559
services shall be made available in a manner that ensures that	560
service recipients are able to access the services they need for	561
opioid and co-occurring drug addiction in an integrated manner and	562
without delay when changing or obtaining additional treatment	563
services for such addiction. A treatment service for opioid and	564
co-occurring drug addiction shall not be excluded from the full	565
spectrum of care on the basis that the treatment service	566
previously failed.	567

(D) Categories in the continuum of care for other services	568
may include the following:	569

(1) Inpatient;

570

(2) Sub-acute detoxification;

571

(3) Residential;

572

~~(3)~~(4) Outpatient treatment;

573

~~(4)~~(5) Intensive and other supports;

574

~~(5)~~(6) Recovery support;

575

~~(6)~~(7) Prevention and wellness management.

576

~~(C)~~(E) Support functions may include the following:

577

(1) Consultation;

578

(2) Research;

579

(3) Administrative;

580

(4) Referral and information;

581

(5) Training;

582

(6) Service and program evaluation.

583

Sec. 340.092. All of the following apply to the recovery	584
housing that each board of alcohol, drug addiction, and mental	585
health services shall include in the full spectrum of care for all	586
levels of treatment services for opioid and co-occurring drug	587
addiction under division (C) of section 340.09 of the Revised	588
Code:	589

(A) The recovery housing shall be owned and operated by a	590
community alcohol and drug addiction services provider or other	591
local nongovernmental organization (including a peer-run recovery	592
organization), as appropriate to the needs of the board's service	593
district.	594

(B) The recovery housing shall have protocols for all of the	595
following:	596

(1) Administrative oversight;

597

(2) Quality standards;

598

(3) Policies and procedures, including house rules, for its	599
residents to which the residents must agree to adhere.	600

(C) Individuals recovering from opioid or co-occurring drug	601
addiction shall have priority in admission to the recovery	602
housing, but an individual recovering from other drug addictions	603
may be admitted if an available slot is not needed for an	604
individual recovering from opioid or co-occurring drug addiction.	605

(D) Family members of the recovery housing's residents may	606
reside in the recovery housing to the extent the recovery	607
housing's protocols permit.	608

(E) The recovery housing shall not limit a resident's	609
duration of stay to an arbitrary or fixed amount of time. Instead,	610
each resident's duration of stay shall be determined by the	611
resident's needs, progress, and willingness to abide by the	612
recovery housing's protocols, in collaboration with the recovery	613
housing's owner, and, if appropriate, in consultation and	614
integration with another community alcohol and drug addiction	615
services provider.	616

(F) The recovery housing is not subject to licensure or	617
certification by the department of mental health and addiction	618
services under Chapter 5119. of the Revised Code, including as a	619
community addiction services provider.	620

Sec. 340.15. (A) A public children services agency that	621
identifies a child by a risk assessment conducted pursuant to	622
section 5153.16 of the Revised Code as being at imminent risk of	623
being abused or neglected because of an addiction of a parent,	624
guardian, or custodian of the child to a drug of abuse or alcohol	625
shall refer the child's addicted parent, guardian, or custodian	626
and, if the agency determines that the child needs alcohol or	627
other drug addiction services, the child to a community addiction	628
services provider certified by the department of mental health and	629
addiction services under section 5119.36 of the Revised Code. A	630
public children services agency that is sent a court order issued	631
pursuant to division (B) of section 2151.3514 of the Revised Code	632
shall refer the addicted parent or other caregiver of the child	633
identified in the court order to a community addiction services	634
provider certified by the department of mental health and	635
addiction services under section 5119.36 of the Revised Code. On	636
receipt of a referral under this division and to the extent	637
funding identified under division (A)~~(1)~~(2) of section 340.08 of	638
the Revised Code is available, the provider shall provide the	639
following services to the addicted parent, guardian, custodian, or	640
caregiver and child in need of addiction services:	641

(1) If it is determined pursuant to an initial screening to	642
be needed, assessment and appropriate treatment;	643

(2) Documentation of progress in accordance with a treatment	644
plan developed for the addicted parent, guardian, custodian,	645
caregiver, or child;	646

(3) If the referral is based on a court order issued pursuant	647
to division (B) of section 2151.3514 of the Revised Code and the	648
order requires the specified parent or other caregiver of the	649
child to submit to alcohol or other drug testing during, after, or	650
both during and after, treatment, testing in accordance with the	651
court order.	652

(B) The services described in division (A) of this section	653
shall have a priority as provided in the addiction and mental	654
health services plan and budget established pursuant to sections	655
340.03 and 340.08 of the Revised Code. Once a referral has been	656
received pursuant to this section, the public children services	657
agency and the addiction services provider shall, in accordance	658
with 42 C.F.R. Part 2, share with each other any information	659
concerning the persons and services described in that division	660
that the agency and provider determine are necessary to share. If	661
the referral is based on a court order issued pursuant to division	662
(B) of section 2151.3514 of the Revised Code, the results and	663
recommendations of the addiction services provider also shall be	664
provided and used as described in division (D) of that section.	665
Information obtained or maintained by the agency or provider	666
pursuant to this section that could enable the identification of	667
any person described in division (A) of this section is not a	668
public record subject to inspection or copying under section	669
149.43 of the Revised Code.	670

Sec. 340.20. (A) In accordance with rules adopted under	671
section 5119.221 of the Revised Code, each community alcohol and	672
drug addiction services provider shall do all of the following:	673

(1) Maintain, in an aggregate form, a waiting list of	674
individuals to whom all of the following apply:	675

(a) The individual has been documented as needing alcohol and	676
drug addiction services due to an opioid or co-occurring drug	677
addiction.	678

(b) The individual has applied to the provider for a	679
treatment service included in the full spectrum of care required	680
by division (C) of section 340.09 of the Revised Code.	681

(c) The individual has not begun to receive the treatment	682
service within five days of the individual's application for the	683
service because the provider lacks an available slot for the	684
individual.	685

(2) Notify an individual included on the provider's waiting	686
list when the provider has a slot available for the individual	687
and, if the individual does not contact the provider about the	688
slot within a period of time specified in the rules, contact the	689
individual to determine why the individual did not contact the	690
provider and to assess whether the individual still needs the	691
treatment service;	692

(3) Subject to divisions (B) and (C) of this section, report	693
all of the following information each month to the board of	694
alcohol, drug addiction, and mental health services that serves	695
the county or counties in which the provider provides alcohol and	696
drug addiction services:	697

(a) An unduplicated count of all individuals who reside in a	698
county that the board serves and were included on the provider's	699
waiting list as of the last day of the immediately preceding month	700
and each type of treatment service for which they were waiting;	701

(b) The total number of days all such individuals had been on	702
the provider's waiting list as of the last day of the immediately	703
preceding month;	704

(c) The last known types of residential settings in which all	705
such individuals resided as of the last day of the immediately	706
preceding month;	707

(d) The number of all such individuals who did not contact	708
the provider after receiving, during the immediately preceding	709
month, the notices under division (A)(2) of this section about the	710
provider having slots available for the individuals, and the	711
reasons why the contacts were not made;	712

(e) The number of all such individuals who withdrew, in the	713
immediately preceding month, their applications for the treatment	714
services, each type of treatment service for which those	715
individuals had applied, and the reasons the applications were	716
withdrawn;	717

(f) All other information specified in the rules.

718

(B) If a community alcohol and drug addiction services	719
provider provides alcohol and drug addiction services in more than	720
one county and those counties are served by different boards of	721
alcohol, drug addiction, and mental health services, the provider	722
shall provide separate reports under division (C)(3) of this	723
section to each of the boards serving the counties in which the	724
provider provides the services. The report provided to a board	725
shall be specific to the county or counties the board serves and	726
not include information for individuals residing in other	727
counties.	728

(C) Each report that a community alcohol and drug addiction	729
services provider provides to a board of alcohol, drug addiction,	730
and mental health services under this section shall do all of the	731
following:	732

(1) Maintain the confidentiality of all individuals for whom	733
information is included in the report;	734

(2) For the purpose of the information reported under	735
division (A)(3)(c) of this section, identify the types of	736
residential settings at least as either institutional or	737
noninstitutional.	738

(3) If the report is provided to a board that serves more	739
than one county, present the information included in the report in	740
a manner that is broken down for each of the counties the board	741
serves.	742

Sec. 340.201. (A) In accordance with the rules adopted under	743
section 5119.221 of the Revised Code, each board of alcohol, drug	744
addiction, and mental health services monthly shall do all of the	745
following:	746

(1) Compile on an aggregate basis the information the board	747
receives that month from community alcohol and drug addiction	748
services providers under section 340.20 of the Revised Code;	749

(2) Determine the number of applications for a treatment	750
service included in the full spectrum of care required by division	751
(C) of section 340.09 of the Revised Code that the board received	752
in the immediately preceding month and that the board denied that	753
month, each type of treatment service so denied, and the reasons	754
for the denials;	755

(3) Subject to division (B) of this section, report all of	756
the following to the department of mental health and addiction	757
services:	758

(a) The information that the board compiles under division	759
(A)(1) of this section that month;	760

(b) The information that the board determines under division	761
(A)(2) of this section that month;	762

763

(B) Each board shall report the information required by	764
division (A)(3) of this section as follows:	765

(1) In an electronic format;

766

(2) In a manner that maintains the confidentiality of all	767
individuals for whom information is included in the report;	768

(3) In a manner that presents the information about the	769
individuals whose information is included in the report by their	770
counties of residence.	771

Sec. 5119.01. (A) As used in this chapter:

772

(1) "Addiction" means the chronic and habitual use of	773
alcoholic beverages, the use of a drug of abuse as defined in	774
section 3719.011 of the Revised Code, or the use of gambling by an	775
individual to the extent that the individual no longer can control	776
the individual's use of alcohol, the individual becomes physically	777
or psychologically dependent on the drug, the individual's use of	778
alcohol or drugs endangers the health, safety, or welfare of the	779
individual or others, or the individual's gambling causes	780
psychological, financial, emotional, marital, legal, or other	781
difficulties endangering the health, safety, or welfare of the	782
individual or others.	783

(2) "Addiction services" means services, including	784
intervention, for the treatment of persons with alcohol, drug, or	785
gambling addictions, and for the prevention of such addictions.	786

(3) "Alcohol and drug addiction services" means services,	787
including intervention, for the treatment of alcoholics or persons	788
who abuse drugs of abuse and for the prevention of alcoholism and	789
drug addiction.	790

(4) "Alcoholic" means a person suffering from alcoholism.

791

(5) "Alcoholism" means the chronic and habitual use of	792
alcoholic beverages by an individual to the extent that the	793
individual no longer can control the individual's use of alcohol	794
or endangers the health, safety, or welfare of the individual or	795
others.	796

(6) "Community addiction services provider" means an agency,	797
association, corporation, individual, or program that provides	798
community alcohol, drug addiction, or gambling addiction services	799
that are certified by the department of mental health and	800
addiction services under section 5119.36 of the Revised Code.	801

(7) "Community alcohol and drug addiction services provider"	802
means an agency, association, corporation, individual, or program	803
that provides community alcohol and drug addiction services that	804
are certified by the department of mental health and addiction	805
services under section 5119.36 of the Revised Code.	806

(8) "Community mental health services provider" means an	807
agency, association, corporation, individual, or program that	808
provides community mental health services that are certified by	809
the department of mental health and addiction services under	810
section 5119.36 of the Revised Code.	811

~~(8)~~(9) "Drug addiction" means the use of a drug of abuse, as	812
defined in section 3719.011 of the Revised Code, by an individual	813
to the extent that the individual becomes physically or	814
psychologically dependent on the drug or endangers the health,	815
safety, or welfare of the individual or others.	816

~~(9)~~(10) "Gambling addiction" means the use of gambling by an	817
individual to the extent that it causes psychological, financial,	818
emotional, marital, legal, or other difficulties endangering the	819
health, safety, or welfare of the individual or others.	820

~~(10)~~(11) "Gambling addiction services" means services for the	821
treatment of persons who have a gambling addiction and for the	822
prevention of gambling addiction.	823

~~(11)~~(12) "Hospital" means a hospital or inpatient unit	824
licensed by the department of mental health and addiction services	825
under section 5119.33 of the Revised Code, and any institution,	826
hospital, or other place established, controlled, or supervised by	827
the department under Chapter 5119. of the Revised Code.	828

~~(12)~~(13) "Mental illness" means a substantial disorder of	829
thought, mood, perception, orientation, or memory that grossly	830
impairs judgment, behavior, capacity to recognize reality, or	831
ability to meet the ordinary demands of life.	832

~~(13)~~(14) "Mental health services" means services for the	833
assessment, care, or treatment of persons who have a mental	834
illness as defined in this section.	835

~~(14)~~(15)(a) "Residence" means a person's physical presence in	836
a county with intent to remain there, except in either of the	837
following circumstances:	838

(i) If a person is receiving a mental health service at a	839
facility that includes nighttime sleeping accommodations,	840
"residence" means that county in which the person maintained the	841
person's primary place of residence at the time the person entered	842
the facility;	843

(ii) If a person is committed pursuant to section 2945.38,	844
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	845
"residence" means the county where the criminal charges were	846
filed.	847

(b) When the residence of a person is disputed, the matter of	848
residence shall be referred to the department of mental health and	849
addiction services for investigation and determination. Residence	850
shall not be a basis for a board of alcohol, drug addiction, and	851
mental health services to deny services to any person present in	852
the board's service district, and the board shall provide services	853
for a person whose residence is in dispute while residence is	854
being determined and for a person in an emergency situation.	855

(B) Any reference in this chapter to a board of alcohol, drug	856
addiction, and mental health services also refers to an alcohol	857
and drug addiction services board or a community mental health	858
board in a service district in which an alcohol and drug addiction	859
services board or a community mental health board has been	860
established under section 340.021 or former section 340.02 of the	861
Revised Code.	862

Sec. 5119.21. (A) The department of mental health and	863
addiction services shall:	864

(1) To the extent the department has available resources and	865
in consultation with boards of alcohol, drug addiction, and mental	866
health services, support a full spectrum of care for all levels of	867
treatment services for opioid and co-occurring drug addiction and	868
a continuum of care for other services in accordance with Chapter	869
340. of the Revised Code on a district or multi-district basis.	870
The department shall define the essential elements of a full	871
spectrum of care for all levels of treatment services for opioid	872
and co-occurring drug addiction and a continuum of care for other	873
services, shall assist in identifying resources, and may	874
prioritize support for one or more of the elements of the	875
continuum of care. The essential elements of a full spectrum of	876
care for all levels of treatment services for opioid and	877
co-occurring drug addiction shall include the services required by	878
division (C) of section 340.09 of the Revised Code.	879

(2) Provide training, consultation, and technical assistance	880
regarding mental health and addiction services and appropriate	881
prevention, recovery, and mental health promotion activities,	882
including those that are culturally competent, to employees of the	883
department, community mental health and addiction services	884
providers, boards of alcohol, drug addiction, and mental health	885
services, and other agencies providing mental health and addiction	886
services;	887

(3) To the extent the department has available resources,	888
promote and support a full range of mental health and addiction	889
services that are available and accessible to all residents of	890
this state, especially for severely mentally disabled children,	891
adolescents, adults, pregnant women, parents, guardians or	892
custodians of children at risk of abuse or neglect, and other	893
special target populations, including racial and ethnic	894
minorities, as determined by the department;	895

(4) Develop standards and measures for evaluating the	896
effectiveness of mental health and addiction services, including	897
services that use methadone treatment, of gambling addiction	898
services, and for increasing the accountability of mental health	899
and alcohol and addiction services providers and of gambling	900
addiction services providers;	901

(5) Design and set criteria for the determination of priority	902
populations;	903

(6) Promote, direct, conduct, and coordinate scientific	904
research, taking ethnic and racial differences into consideration,	905
concerning the causes and prevention of mental illness and	906
addiction, methods of providing effective services and treatment,	907
and means of enhancing the mental health of and recovery from	908
addiction of all residents of this state;	909

(7) Foster the establishment and availability of vocational	910
rehabilitation services and the creation of employment	911
opportunities for consumers of mental health and addiction	912
services, including members of racial and ethnic minorities;	913

(8) Establish a program to protect and promote the rights of	914
persons receiving mental health and addiction services, including	915
the issuance of guidelines on informed consent and other rights;	916

(9) Promote the involvement of persons who are receiving or	917
have received mental health or addiction services, including	918
families and other persons having a close relationship to a person	919
receiving those services, in the planning, evaluation, delivery,	920
and operation of mental health and addiction services;	921

(10) Notify and consult with the relevant constituencies that	922
may be affected by rules, standards, and guidelines issued by the	923
department of mental health and addiction services. These	924
constituencies shall include consumers of mental health and	925
addiction services and their families, and may include public and	926
private providers, employee organizations, and others when	927
appropriate. Whenever the department proposes the adoption,	928
amendment, or rescission of rules under Chapter 119. of the	929
Revised Code, the notification and consultation required by this	930
division shall occur prior to the commencement of proceedings	931
under Chapter 119. The department shall adopt rules under Chapter	932
119. of the Revised Code that establish procedures for the	933
notification and consultation required by this division.	934

(11) Provide consultation to the department of rehabilitation	935
and correction concerning the delivery of mental health and	936
addiction services in state correctional institutions.	937

(12) Promote and coordinate efforts in the provision of	938
alcohol and drug addiction services and of gambling addiction	939
services by other state agencies, as defined in section 1.60 of	940
the Revised Code; courts; hospitals; clinics; physicians in	941
private practice; public health authorities; boards of alcohol,	942
drug addiction, and mental health services; alcohol and drug	943
addiction services providers; law enforcement agencies; gambling	944
addiction services providers; and related groups;	945

(13) Provide to each court of record, and biennially update,	946
a list of the treatment and education programs within that court's	947
jurisdiction that the court may require an offender, sentenced	948
pursuant to section 4511.19 of the Revised Code, to attend;	949

(14) Make the warning sign described in sections 3313.752,	950
3345.41, and 3707.50 of the Revised Code available on the	951
department's internet web site;	952

(15) Provide a program of gambling addiction services on	953
behalf of the state lottery commission, pursuant to an agreement	954
entered into with the director of the commission under division	955
(K) of section 3770.02 of the Revised Code, and provide a program	956
of gambling addiction services on behalf of the Ohio casino	957
control commission, under an agreement entered into with the	958
executive director of the commission under section 3772.062 of the	959
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	960
Constitution, the department may enter into agreements with boards	961
of alcohol, drug addiction, and mental health services, including	962
boards with districts in which a casino facility is not located,	963
and nonprofit organizations to provide gambling addiction services	964
and substance abuse services, and with state institutions of	965
higher education or private nonprofit institutions that possess a	966
certificate of authorization issued under Chapter 1713. of the	967
Revised Code to perform related research.	968

(B) The department may accept and administer grants from	969
public or private sources for carrying out any of the duties	970
enumerated in this section.	971

(C) Pursuant to Chapter 119. of the Revised Code, the	972
department shall adopt a rule defining the term "intervention" as	973
it is used in this chapter in connection with alcohol and drug	974
addiction services and in connection with gambling addiction	975
services. The department may adopt other rules as necessary to	976
implement the requirements of this chapter.	977

Sec. 5119.22. The director of mental health and addiction	978
services with respect to all mental health and addiction	979
facilities and services established and operated or provided under	980
Chapter 340. of the Revised Code, shall do all of the following:	981

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	982
that may be necessary to carry out the purposes of this chapter	983
and Chapters 340. and 5122. of the Revised Code.	984

(B) Review and evaluate the full spectrum of care for all	985
levels of treatment services for opioid and co-occurring drug	986
addiction and the continuum of care for other services in each	987
service district, taking into account the findings and	988
recommendations of the board of alcohol, drug addiction, and	989
mental health services of the district submitted under division	990
(A)(4) of section 340.03 of the Revised Code and the priorities	991
and plans of the department of mental health and addiction	992
services, including the needs of residents of the district	993
currently receiving services in state-operated hospitals, and make	994
recommendations for needed improvements to boards of alcohol, drug	995
addiction, and mental health services;	996

(C) At the director's discretion, provide to boards of	997
alcohol, drug addiction, and mental health services state or	998
federal funds, in addition to those allocated under section	999
5119.23 of the Revised Code, for special programs or projects the	1000
director considers necessary but for which local funds are not	1001
available;	1002

(D) Establish, in consultation with board of alcohol, drug	1003
addiction, and mental health service representatives and after	1004
consideration of the recommendations of the medical director,	1005
guidelines for the development of community mental health and	1006
addiction services plans and the review and approval or	1007
disapproval of such plans submitted pursuant to section 340.03 of	1008
the Revised Code.	1009

(E) Establish criteria by which a board of alcohol, drug	1010
addiction, and mental health services reviews and evaluates the	1011
quality, effectiveness, and efficiency of its contracted services.	1012
The criteria shall include requirements ensuring appropriate	1013
service utilization. The department shall assess a board's	1014
evaluation of services and the compliance of each board with this	1015
section, Chapter 340. of the Revised Code, and other state or	1016
federal law and regulations. The department, in cooperation with	1017
the board, periodically shall review and evaluate the quality,	1018
effectiveness, and efficiency of services provided through each	1019
board. The department shall collect information that is necessary	1020
to perform these functions.	1021

(F) To the extent the director determines necessary and after	1022
consulting with boards of alcohol, drug addiction, and mental	1023
health services and community addiction and mental health services	1024
providers, develop and operate, or contract for the operation of,	1025
a community behavioral health information system or systems. The	1026
department shall specify the information that must be provided by	1027
boards of alcohol, drug addiction, and mental health services and	1028
by community addiction and mental health services providers for	1029
inclusion in the system or systems.	1030

Boards of alcohol, drug addiction, and mental health services	1031
and community addiction and mental health services providers shall	1032
submit information requested by the department in the form and	1033
manner and in accordance with time frames prescribed by the	1034
department. Information collected by the department may include	1035
all of the following:	1036

(1) Information on services provided;

1037

(2) Financial information regarding expenditures of federal,	1038
state, or local funds;	1039

(3) Information about persons served.

1040

The department shall not collect any personal information	1041
from the boards except as required or permitted by state or	1042
federal law for purposes related to payment, health care	1043
operations, program and service evaluation, reporting activities,	1044
research, system administration, and oversight.	1045

(G)(1) Review each board's community mental health and	1046
addiction services plan, budget, and statement of services to be	1047
~~made available~~ submitted pursuant to sections 340.03 and 340.08 of	1048
the Revised Code and approve or disapprove the plan, the budget,	1049
and the statement of services in whole or in part.	1050

The department may withhold all or part of the funds	1051
allocated to a board if it disapproves all or part of a plan,	1052
budget, or statement of services, except that the department shall	1053
withhold all of the funds allocated to the board if the department	1054
disapproves the budget because the budget does not comply with	1055
division (A)(1) of section 340.08 of the Revised Code. Prior to a	1056
final decision to disapprove a plan, budget, or statement of	1057
services, or to withhold funds from a board, a representative of	1058
the director of mental health and addiction services shall meet	1059
with the board and discuss the reason for the action the	1060
department proposes to take and any corrective action that should	1061
be taken to make the plan, budget, or statement of services	1062
acceptable to the department. In addition, the department shall	1063
offer technical assistance to the board to assist it to make the	1064
plan, budget, or statement of services acceptable. The department	1065
shall give the board a reasonable time in which to revise the	1066
plan, budget, or statement of services. The board thereafter shall	1067
submit a revised plan, budget, or statement of services, or a new	1068
plan, budget, or statement of services.	1069

(2) If a board determines that it is necessary to amend the	1070
plan, budget, or statement of services that has been approved	1071
under this section, the board shall submit the proposed amendment	1072
to the department. The department may approve or disapprove all or	1073
part of the amendment.	1074

(3) If the director disapproves of all or part of any	1075
proposed amendment, the director shall provide the board an	1076
opportunity to present its position. The director shall inform the	1077
board of the reasons for the disapproval and of the criteria that	1078
must be met before the proposed amendment may be approved. The	1079
director shall give the board a reasonable time within which to	1080
meet the criteria and shall offer technical assistance to the	1081
board to help it meet the criteria.	1082

(4) The department shall establish procedures for the review	1083
of plans, budgets, and statements of services, and a timetable for	1084
submission and review of plans, budgets, and statements of	1085
services and for corrective action and submission of new or	1086
revised plans, budgets, and statements of services.	1087

Sec. 5119.221. The director of mental health and addiction	1088
services shall adopt rules governing the duties of community	1089
alcohol and drug addiction services providers under section 340.20	1090
of the Revised Code and the duties of boards of alcohol, drug	1091
addiction, and mental health services under section 340.201 of the	1092
Revised Code. The rules shall be adopted in accordance with	1093
Chapter 119. of the Revised Code.	1094

Sec. 5119.222. The department of mental health and addiction	1095
services shall make the reports it receives under section 340.201	1096
of the Revised Code from boards of alcohol, drug addiction, and	1097
mental health services available on the department's web site. The	1098
department's web site shall present the information contained in	1099
the reports on statewide and county-level bases. The information	1100
on the web site shall be updated monthly after the boards submit	1101
new reports to the department.	1102

Sec. 5119.23. (A) The department of mental health and	1103
addiction services shall establish a methodology for allocating to	1104
boards of alcohol, drug addiction, and mental health services the	1105
funds appropriated by the general assembly to the department for	1106
the purpose of the full spectrum of care for all levels of	1107
treatment services for opioid and co-occurring drug addiction and	1108
the continuum of care for other services to be provided as local	1109
mental health and addiction services ~~continuums of care~~. The	1110
department shall establish the methodology after notifying and	1111
consulting with relevant constituencies as required by division	1112
(A)(10) of section 5119.21 of the Revised Code. The methodology	1113
may provide for the funds to be allocated to boards on a district	1114
or multi-district basis.	1115

(B) Subject to section 5119.25 of the Revised Code, and to	1116
required submissions and approvals under section 340.08 of the	1117
Revised Code, the department shall allocate the funds to the	1118
boards in a manner consistent with the methodology, this section,	1119
other state and federal laws, rules, and regulations.	1120

(C) In consultation with boards, community mental health and	1121
addiction services providers, and persons receiving services, the	1122
department shall establish guidelines for the use of funds	1123
allocated and distributed under this section.	1124

Sec. 5119.25. (A) The director of mental health and	1125
addiction services, in whole or in part, may withhold funds	1126
otherwise to be allocated to a board of alcohol, drug addiction,	1127
and mental health services under section 5119.23 of the Revised	1128
Code if the board fails to comply with Chapter 340. or section	1129
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or	1130
rules of the department of mental health and addiction services.	1131
However, the director shall withhold all such funds from the board	1132
when required to do so under division (A)(4) of section 340.08 of	1133
the Revised Code.	1134

(B) The director of mental health and addiction services may	1135
withhold funds otherwise to be allocated to a board of alcohol,	1136
drug addiction, and mental health services under section 5119.23	1137
of the Revised Code if the board denies available service on the	1138
basis of race, color, religion, creed, sex, age, national origin,	1139
disability as defined in section 4112.01 of the Revised Code, or	1140
developmental disability.	1141

(C) The director shall issue a notice identifying the areas	1142
of noncompliance and the action necessary to achieve compliance.	1143
The director may offer technical assistance to the board to	1144
achieve compliance. The board shall have ten days from receipt of	1145
the notice of noncompliance to present its position that it is in	1146
compliance or to submit to the director evidence of corrective	1147
action the board took to achieve compliance. Before withholding	1148
funds, the director or the director's designee shall hold a	1149
hearing within ten days of receipt of the board's position or	1150
evidence to determine if there are continuing violations and that	1151
either assistance is rejected or the board is unable, or has	1152
failed, to achieve compliance. Subsequent to the hearing process,	1153
if it is determined that compliance has not been achieved, the	1154
director may allocate all or part of the withheld funds to a	1155
~~public or private agency~~one or more community mental health	1156
services providers or community addiction services providers to	1157
provide the community mental health or community addiction service	1158
for which the board is not in compliance until the time that there	1159
is compliance. The director may adopt rules in accordance with	1160
Chapter 119. of the Revised Code to implement this section.	1161

Sec. 5119.34. (A) As used in this section and sections	1162
5119.341 and 5119.342 of the Revised Code:	1163

(1) "Accommodations" means housing, daily meal preparation,	1164
laundry, housekeeping, arranging for transportation, social and	1165
recreational activities, maintenance, security, and other services	1166
that do not constitute personal care services or skilled nursing	1167
care.	1168

(2) "ADAMHS board" means a board of alcohol, drug addiction,	1169
and mental health services.	1170

(3) "Adult" means a person who is eighteen years of age or	1171
older, other than a person described in division (A)(4) of this	1172
section who is between eighteen and twenty-one years of age.	1173

(4) "Child" means a person who is under eighteen years of age	1174
or a person with a mental disability who is under twenty-one years	1175
of age.	1176

(5) "Community mental health services provider" means a	1177
community mental health services provider as defined in section	1178
5119.01 of the Revised Code.	1179

(6) "Community mental health services" means any mental	1180
health services certified by the department pursuant to section	1181
5119.36 of the Revised Code.	1182

(7) "Operator" means the person or persons, firm,	1183
partnership, agency, governing body, association, corporation, or	1184
other entity that is responsible for the administration and	1185
management of a residential facility and that is the applicant for	1186
a residential facility license.	1187

(8) "Personal care services" means services including, but	1188
not limited to, the following:	1189

(a) Assisting residents with activities of daily living;

1190

(b) Assisting residents with self-administration of	1191
medication in accordance with rules adopted under this section;	1192

(c) Preparing special diets, other than complex therapeutic	1193
diets, for residents pursuant to the instructions of a physician	1194
or a licensed dietitian, in accordance with rules adopted under	1195
this section.	1196

"Personal care services" does not include "skilled nursing	1197
care" as defined in section 3721.01 of the Revised Code. A	1198
facility need not provide more than one of the services listed in	1199
division (A)(8) of this section to be considered to be providing	1200
personal care services.	1201

(9) "Residential facility" means a publicly or privately	1202
operated home or facility that provides one of the following:	1203

(a) Accommodations, supervision, personal care services, and	1204
community mental health services for one or more unrelated adults	1205
with mental illness or severe mental disabilities or to one or	1206
more unrelated children and adolescents with a serious emotional	1207
disturbance or who are in need of mental health services who are	1208
referred by or are receiving community mental health services from	1209
a community mental health services provider, hospital, or	1210
practitioner.	1211

(b) Accommodations, supervision, and personal care services	1212
to any of the following:	1213

(i) One or two unrelated persons with mental illness or	1214
persons with severe mental disabilities who are referred by or are	1215
receiving mental health services from a community mental health	1216
services provider, hospital, or practitioner;	1217

(ii) One or two unrelated adults who are receiving	1218
residential state supplement payments;	1219

(iii) Three to sixteen unrelated adults.

1220

(c) Room and board for five or more unrelated adults with	1221
mental illness or severe mental disability who are referred by or	1222
are receiving community mental health services from a community	1223
mental health services provider, hospital, or practitioner.	1224

(10) "Residential facility" does not include any of the	1225
following:	1226

(a) A hospital subject to licensure under section 5119.33 of	1227
the Revised Code;	1228

(b) A residential facility licensed under section 5123.19 of	1229
the Revised Code or otherwise regulated by the department of	1230
developmental disabilities;	1231

(c) An institution or association subject to certification	1232
under section 5103.03 of the Revised Code;	1233

(d) A facility operated by a hospice care program licensed	1234
under section 3712.04 of the Revised Code that is used exclusively	1235
for care of hospice patients;	1236

(e) A nursing home, residential care facility, or home for	1237
the aging as defined in section 3721.02 of the Revised Code;	1238

(f) Alcohol or drug addiction services certified pursuant to	1239
section 5119.36 of the Revised Code;	1240

(g) A facility licensed to provide methadone treatment under	1241
section 5119.391 of the Revised Code;	1242

(h) Any facility that receives funding for operating costs	1243
from the development services agency under any program established	1244
to provide emergency shelter housing or transitional housing for	1245
the homeless;	1246

(i) A terminal care facility for the homeless that has	1247
entered into an agreement with a hospice care program under	1248
section 3712.07 of the Revised Code;	1249

(j) A facility approved by the veterans administration under	1250
section 104(a) of the "Veterans Health Care Amendments of 1983,"	1251
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	1252
the placement and care of veterans;	1253

(k) Recovery housing that a board of alcohol, drug addiction,	1254
and mental health services includes in the full spectrum of care	1255
for all levels of treatment services for opioid and co-occurring	1256
drug addiction under division (C) of section 340.09 of the Revised	1257
Code.	1258

(11) "Room and board" means the provision of sleeping and	1259
living space, meals or meal preparation, laundry services,	1260
housekeeping services, or any combination thereof.	1261

(12) "Residential state supplement" means the program	1262
administered under section 5119.41 of the Revised Code and related	1263
provisions of the Administrative Code under which the state	1264
supplements the supplemental security income payments received by	1265
aged, blind, or disabled adults under Title XVI of the Social	1266
Security Act. Residential state supplement payments are used for	1267
the provision of accommodations, supervision, and personal care	1268
services to supplemental security income recipients the department	1269
of mental health and addition services determines are at risk of	1270
needing institutional care.	1271

(13) "Supervision" means any of the following:

1272

(a) Observing a resident to ensure the resident's health,	1273
safety, and welfare while the resident engages in activities of	1274
daily living or other activities;	1275

(b) Reminding a resident to perform or complete an activity,	1276
such as reminding a resident to engage in personal hygiene or	1277
other self-care activities;	1278

1279

(14) "Unrelated" means that a resident is not related to the	1280
owner or operator of a residential facility or to the owner's or	1281
operator's spouse as a parent, grandparent, child, stepchild,	1282
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	1283
the child of an aunt or uncle.	1284

(B) Nothing in division (A)(9) of this section shall be	1285
construed to permit personal care services to be imposed on a	1286
resident who is capable of performing the activity in question	1287
without assistance.	1288

(C) Except in the case of a residential facility described in	1289
division (A)(9)(a) of this section, members of the staff of a	1290
residential facility shall not administer medication to the	1291
facility's residents, but may do any of the following:	1292

(1) Remind a resident when to take medication and watch to	1293
ensure that the resident follows the directions on the container;	1294

(2) Assist a resident in the self-administration of	1295
medication by taking the medication from the locked area where it	1296
is stored, in accordance with rules adopted pursuant to this	1297
section, and handing it to the resident. If the resident is	1298
physically unable to open the container, a staff member may open	1299
the container for the resident.	1300

(3) Assist a physically impaired but mentally alert resident,	1301
such as a resident with arthritis, cerebral palsy, or Parkinson's	1302
disease, in removing oral or topical medication from containers	1303
and in consuming or applying the medication, upon request by or	1304
with the consent of the resident. If a resident is physically	1305
unable to place a dose of medicine to the resident's mouth without	1306
spilling it, a staff member may place the dose in a container and	1307
place the container to the mouth of the resident.	1308

(D)(1) Except as provided in division (D)(2) of this section,	1309
a person operating or seeking to operate a residential facility	1310
shall apply for licensure of the facility to the department of	1311
mental health and addiction services. The application shall be	1312
submitted by the operator. When applying for the license, the	1313
applicant shall pay to the department the application fee	1314
specified in rules adopted under division (K) of this section. The	1315
fee is nonrefundable.	1316

The department shall send a copy of an application to the	1317
ADAMHS board serving the county in which the person operates or	1318
seeks to operate the facility. The ADAMHS board shall review the	1319
application and provide to the department any information about	1320
the applicant or the facility that the board would like the	1321
department to consider in reviewing the application.	1322

(2) A person may not apply for a license to operate a	1323
residential facility if the person is or has been the owner,	1324
operator, or manager of a residential facility for which a license	1325
to operate was revoked or for which renewal of a license was	1326
refused for any reason other than nonpayment of the license	1327
renewal fee, unless both of the following conditions are met:	1328

(a) A period of not less than two years has elapsed since the	1329
date the director of mental health and addiction services issued	1330
the order revoking or refusing to renew the facility's license.	1331

(b) The director's revocation or refusal to renew the license	1332
was not based on an act or omission at the facility that violated	1333
a resident's right to be free from abuse, neglect, or	1334
exploitation.	1335

(E)(1) The department of mental health and addiction services	1336
shall inspect and license the operation of residential facilities.	1337
The department shall consider the past record of the facility and	1338
the applicant or licensee in arriving at its licensure decision.	1339

The department may issue full, probationary, and interim	1340
licenses. A full license shall expire up to three years after the	1341
date of issuance, a probationary license shall expire in a shorter	1342
period of time as specified in rules adopted by the director of	1343
~~mental health~~mental health and addiction services under division	1344
(K) of this section, and an interim license shall expire ninety	1345
days after the date of issuance. A license may be renewed in	1346
accordance with rules adopted by the director under division (K)	1347
of this section. The renewal application shall be submitted by the	1348
operator. When applying for renewal of a license, the applicant	1349
shall pay to the department the renewal fee specified in rules	1350
adopted under division (K) of this section. The fee is	1351
nonrefundable.	1352

(2) The department may issue an order suspending the	1353
admission of residents to the facility or refuse to issue or renew	1354
and may revoke a license if it finds the facility is not in	1355
compliance with rules adopted by the director pursuant to division	1356
(K) of this section or if any facility operated by the applicant	1357
or licensee has been cited for repeated violations of statutes or	1358
rules during the period of previous licenses. Proceedings	1359
initiated to deny applications for full or probationary licenses	1360
or to revoke such licenses are governed by Chapter 119. of the	1361
Revised Code.	1362

(F) The department may issue an interim license to operate a	1363
residential facility if both of the following conditions are met:	1364

(1) The department determines that the closing of or the need	1365
to remove residents from another residential facility has created	1366
an emergency situation requiring immediate removal of residents	1367
and an insufficient number of licensed beds are available.	1368

(2) The residential facility applying for an interim license	1369
meets standards established for interim licenses in rules adopted	1370
by the director under division (K) of this section.	1371

An interim license shall be valid for ninety days and may be	1372
renewed by the director no more than twice. Proceedings initiated	1373
to deny applications for or to revoke interim licenses under this	1374
division are not subject to Chapter 119. of the Revised Code.	1375

(G)(1) The department of mental health and addiction services	1376
may conduct an inspection of a residential facility as follows:	1377

(a) Prior to issuance of a license for the facility;

1378

(b) Prior to renewal of the license;

1379

(c) To determine whether the facility has completed a plan of	1380
correction required pursuant to division (G)(2) of this section	1381
and corrected deficiencies to the satisfaction of the department	1382
and in compliance with this section and rules adopted pursuant to	1383
it;	1384

(d) Upon complaint by any individual or agency;

1385

(e) At any time the director considers an inspection to be	1386
necessary in order to determine whether the facility is in	1387
compliance with this section and rules adopted pursuant to this	1388
section.	1389

(2) In conducting inspections the department may conduct an	1390
on-site examination and evaluation of the residential facility and	1391
its personnel, activities, and services. The department shall have	1392
access to examine and copy all records, accounts, and any other	1393
documents relating to the operation of the residential facility,	1394
including records pertaining to residents, and shall have access	1395
to the facility in order to conduct interviews with the operator,	1396
staff, and residents. Following each inspection and review, the	1397
department shall complete a report listing any deficiencies, and	1398
including, when appropriate, a time table within which the	1399
operator shall correct the deficiencies. The department may	1400
require the operator to submit a plan of correction describing how	1401
the deficiencies will be corrected.	1402

(H) No person shall do any of the following:

1403

(1) Operate a residential facility unless the facility holds	1404
a valid license;	1405

(2) Violate any of the conditions of licensure after having	1406
been granted a license;	1407

(3) Interfere with a state or local official's inspection or	1408
investigation of a residential facility;	1409

(4) Violate any of the provisions of this section or any	1410
rules adopted pursuant to this section.	1411

(I) The following may enter a residential facility at any	1412
time:	1413

(1) Employees designated by the director of mental health and	1414
addiction services;	1415

(2) Employees of an ADAMHS board under either of the	1416
following circumstances:	1417

(a) When a resident of the facility is receiving services	1418
from a community mental health services provider under contract	1419
with that ADAMHS board or another ADAMHS board;	1420

(b) When authorized by section 340.05 of the Revised Code.

1421

(3) Employees of a community mental health services provider	1422
under either of the following circumstances:	1423

(a) When the services provider has a person receiving	1424
services residing in the facility;	1425

(b) When the services provider is acting as an agent of an	1426
ADAMHS board other than the board with which it is under contract.	1427

(4) Representatives of the state long-term care ombudsman	1428
program when the facility provides accommodations, supervision,	1429
and personal care services for three to sixteen unrelated adults	1430
or to one or two unrelated adults who are recipients under the	1431
residential state supplement program.	1432

The persons specified in division (I) of this section shall	1433
be afforded access to examine and copy all records, accounts, and	1434
any other documents relating to the operation of the residential	1435
facility, including records pertaining to residents.	1436

(J) Employees of the department of mental health and	1437
addiction services may enter, for the purpose of investigation,	1438
any institution, residence, facility, or other structure which has	1439
been reported to the department as, or that the department has	1440
reasonable cause to believe is, operating as a residential	1441
facility without a valid license.	1442

(K) The director shall adopt and may amend and rescind rules	1443
pursuant to Chapter 119. of the Revised Code governing the	1444
licensing and operation of residential facilities. The rules shall	1445
establish all of the following:	1446

(1) Minimum standards for the health, safety, adequacy, and	1447
cultural competency of treatment of and services for persons in	1448
residential facilities;	1449

(2) Procedures for the issuance, renewal, or revocation of	1450
the licenses of residential facilities;	1451

(3) Procedures for conducting criminal records checks for	1452
prospective or current operators, employees, and volunteers who	1453
may have direct access to facility residents;	1454

(4) The fee to be paid when applying for a new residential	1455
facility license or renewing the license;	1456

(5) Procedures for the operator of a residential facility to	1457
follow when notifying the ADAMHS board serving the county in which	1458
the facility is located when the facility is serving residents	1459
with mental illness or severe mental disability, including the	1460
circumstances under which the operator is required to make such a	1461
notification;	1462

(6) Procedures for the issuance and termination of orders of	1463
suspension of admission of residents to a residential facility;	1464

(7) Measures to be taken by residential facilities relative	1465
to residents' medication;	1466

(8) Requirements relating to preparation of special diets;

1467

(9) The maximum number of residents who may be served in a	1468
residential facility;	1469

(10) The rights of residents of residential facilities and	1470
procedures to protect such rights;	1471

(11) Procedures for obtaining an affiliation agreement	1472
approved by the board between a residential facility and a	1473
community mental health services provider;	1474

(12) Standards and procedures under which the director may	1475
waive the requirements of any of the rules adopted.	1476

(L)(1) The department may withhold the source of any	1477
complaint reported as a violation of this section when the	1478
department determines that disclosure could be detrimental to the	1479
department's purposes or could jeopardize the investigation. The	1480
department may disclose the source of any complaint if the	1481
complainant agrees in writing to such disclosure and shall	1482
disclose the source upon order by a court of competent	1483
jurisdiction.	1484

(2) Any person who makes a complaint under division (L)(1) of	1485
this section, or any person who participates in an administrative	1486
or judicial proceeding resulting from such a complaint, is immune	1487
from civil liability and is not subject to criminal prosecution,	1488
other than for perjury, unless the person has acted in bad faith	1489
or with malicious purpose.	1490

(M)(1) The director of mental health and addiction services	1491
may petition the court of common pleas of the county in which a	1492
residential facility is located for an order enjoining any person	1493
from operating a residential facility without a license or from	1494
operating a licensed facility when, in the director's judgment,	1495
there is a present danger to the health or safety of any of the	1496
occupants of the facility. The court shall have jurisdiction to	1497
grant such injunctive relief upon a showing that the respondent	1498
named in the petition is operating a facility without a license or	1499
there is a present danger to the health or safety of any residents	1500
of the facility.	1501

(2) When the court grants injunctive relief in the case of a	1502
facility operating without a license, the court shall issue, at a	1503
minimum, an order enjoining the facility from admitting new	1504
residents to the facility and an order requiring the facility to	1505
assist with the safe and orderly relocation of the facility's	1506
residents.	1507

(3) If injunctive relief is granted against a facility for	1508
operating without a license and the facility continues to operate	1509
without a license, the director shall refer the case to the	1510
attorney general for further action.	1511

(N) The director may fine a person for violating division (H)	1512
of this section. The fine shall be five hundred dollars for a	1513
first offense; for each subsequent offense, the fine shall be one	1514
thousand dollars. The director's actions in imposing a fine shall	1515
be taken in accordance with Chapter 119. of the Revised Code.	1516

Sec. 5119.362. (A) The director of mental health and	1517
addiction services shall adopt rules in accordance with Chapter	1518
119. of the Revised Code to do both of the following:	1519

(1) Streamline the intake procedures used by a community	1520
alcohol and drug addiction services provider accepting and	1521
beginning to serve a new patient, including procedures regarding	1522
intake forms and questionnaires;	1523

(2) Enable a community alcohol and drug addiction services	1524
provider to retain a patient as an active patient even though the	1525
patient last received services from the provider more than thirty	1526
days before resumption of services so that the patient and	1527
provider do not have to repeat the intake procedures.	1528

(B) The rules adopted under this section shall do both of the	1529
following:	1530

(1) Model the intake and resumption of service procedures on	1531
such procedures used by primary care physicians;	1532

(2) Facilitate the exchange of information about patients	1533
between community alcohol and drug addiction services providers	1534
and primary care physicians.	1535

Section 2. That existing sections 340.01, 340.03, 340.08,	1536
340.09, 340.15, 5119.01, 5119.21, 5119.22, 5119.23, 5119.25, and	1537
5119.34 of the Revised Code are hereby repealed.	1538

Section 3. Sections 1 and 2 of this act take effect one year	1539
after the effective date of this act.	1540

Section 4. That Section 327.83 of Am. Sub. H.B. 59 of the	1541
130th General Assembly is hereby repealed.	1542

Section 5. (A) As used in this section, "recovery housing"	1543
means recovery housing that a board of alcohol, drug addiction,	1544
and mental health services includes in the full spectrum of care	1545
for all levels of treatment services for opioid and co-occurring	1546
drug addiction under division (C) of section 340.09 of the Revised	1547
Code.	1548

(B)(1) Of the appropriation item 335507, Community Behavioral	1549
Health, in Am. Sub. H.B. 59 of the 130th General Assembly, $25	1550
million in fiscal year 2015 shall be used as follows:	1551

(a) Subject to divisions (C) and (D) of this section, by the	1552
Department of Mental Health and Addiction Services to provide	1553
state funds to boards of alcohol, drug addiction, and mental	1554
health services for the capital costs of recovery housing;	1555

(b) Subject to division (E) of this section, by the	1556
Department to provide state funds to boards for the first two	1557
years of operating expenses of recovery housing;	1558

(c) $500,000 shall be used by the Department in accordance	1559
with division (F) of this section.	1560

(2) In providing state funds to boards under this section,	1561
the Department shall prioritize funding for counties that have no	1562
recovery housing on the effective date of this section.	1563

(C) Funding for the capital costs of recovery housing in	1564
Cuyahoga, Franklin, Hamilton, Lucas, Mahoning, Montgomery, Stark,	1565
and Summit counties is subject to the following:	1566

(1) If recovery housing exists in the county on the effective	1567
date of this section, the Department shall pay fifty per cent and	1568
the board serving the county shall pay the other fifty per cent of	1569
the capital costs of additional recovery housing in the county.	1570

(2) If no recovery housing exists in the county on the	1571
effective date of this section, the Department shall pay ninety	1572
per cent and the board serving the county shall pay the remaining	1573
ten per cent of the capital costs of recovery housing in the	1574
county, except that if the board cannot afford to pay ten per	1575
cent, the Department shall pay one hundred per cent of the capital	1576
costs.	1577

(D) In the case of all other counties, the Department shall	1578
pay ninety per cent and the board serving the county shall pay the	1579
remaining ten per cent of the capital costs of recovery housing in	1580
the county, except that if the board cannot afford to pay ten per	1581
cent, the Department shall pay one hundred per cent of the capital	1582
costs.	1583

(E) The Department shall pay ninety per cent of the operating	1584
expenses of recovery housing for the first two years that the	1585
recovery housing is operated in a county if the Department pays	1586
one hundred per cent of the capital costs for the recovery	1587
housing.	1588

(F) The Department shall enter into a three-year contract	1589
with a nongovernmental organization under which the organization	1590
shall organize a network of recovery housing in the state that has	1591
all of the following features:	1592

(1) An internet-based database of recovery housing available	1593
in the state;	1594

(2) A resource hub for recovery housing providers that	1595
assists the providers' development and operation efforts and	1596
enables providers to connect with other recovery housing providers	1597
in this and other states for the purpose of shared learning;	1598

(3) Quality standards for recovery housing and a peer-review	1599
process that uses the standards to endorse individual recovery	1600
housing sites;	1601

(4) A system that monitors data that can be used to determine	1602
outcomes for recovery housing.	1603

Section 6. All items in this section are hereby appropriated	1604
as designated out of any moneys in the state treasury to the	1605
credit of the designated fund. For all appropriations made in this	1606
act, those in the first column are for fiscal year 2014 and those	1607
in the second column are for fiscal year 2015. The appropriations	1608
made in this act are in addition to any other appropriations made	1609
for the FY 2014-2015 biennium.	1610

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	1611

General Revenue Fund	1612

GRF	501502	Specialty Docket Staff Payroll Costs	$	$	8,821,800	1613
TOTAL GRF General Revenue Fund			$	$	8,821,800	1614
TOTAL ALL BUDGET FUND GROUPS			$	$	8,821,800	1615

SPECIALTY DOCKET STAFF PAYROLL COSTS

1616

(A) The foregoing appropriation item 501502, Specialty Docket	1617
Staff Payroll Costs, shall be used by the Department of	1618
Rehabilitation and Correction to defray a portion of the annual	1619
payroll costs associated with the employment of up to two separate	1620
and distinct full-time, or full-time equivalent, specialized	1621
docket staff members by a court of common pleas, a municipal	1622
court, or a county court, including a juvenile or family court	1623
that currently has, or anticipates having, a family dependency	1624
treatment court that meets all of the eligibility requirements	1625
described in division (B) of this section.	1626

(B) To be eligible:

1627

(1) The court must have received Supreme Court of Ohio	1628
certification for a specialized docket that targets participants	1629
with a drug addiction or dependency; and	1630

(2) Specialized docket staff members must have received	1631
training for or education in alcohol and other drug addiction,	1632
abuse, and recovery and have demonstrated, prior to or within	1633
ninety days of hire, competencies in fundamental alcohol and other	1634
drug addiction, abuse, and recovery. Fundamental competencies	1635
shall include, at a minimum, an understanding of alcohol and other	1636
drug treatment and recovery, how to engage a person in treatment	1637
and recovery and an understanding of other health care systems,	1638
social service systems, and the criminal justice system; and	1639

(3) Subsequent to that certification, the court must meet any	1640
additional criteria that the Supreme Court of Ohio determines are	1641
necessary and appropriate to determining funding eligibility,	1642
including the court's adoption and utilization of best practices.	1643

(C) For the purposes of this section, payroll costs include	1644
annual compensation and fringe benefits.	1645

(D) The Department of Rehabilitation and Correction, solely	1646
for the purpose of determining the amount of the state share	1647
available to a court under division (F) of this section for the	1648
employment of up to two separate and distinct full-time, full-time	1649
equivalent, or any combination thereof, specialized docket staff	1650
members, shall use the lesser of:	1651

(1) The actual annual compensation and fringe benefits paid	1652
to those staff members proportionally reflecting their time	1653
allocated for specialized docket duties and responsibilities; or	1654

(2) $78,000.

1655

(E) In accordance with any applicable rules, guidelines, or	1656
procedures adopted by the Department of Rehabilitation and	1657
Correction pursuant to this section, the county auditor shall	1658
certify, for any court located within that county that is applying	1659
for or receiving funding under this section, to the Department of	1660
Rehabilitation and Correction the information necessary to	1661
determine that court's eligibility for, and the amount of, funding	1662
under this section.	1663

(F) For a specialized docket staff member employed by a court	1664
in this section, the amount of state funding available under this	1665
section shall be sixty-five per cent of the payroll costs	1666
specified in division (D) of this section. This state funding	1667
shall not exceed $50,700.	1668

(G) The Department of Rehabilitation and Correction shall	1669
disburse this state funding in quarterly installments to the	1670
appropriate county or municipality in which the court is located.	1671

(H) Of the foregoing appropriation item 501502, Specialty	1672
Docket Staff Payroll Costs, the Supreme Court of Ohio shall use up	1673
to one per cent of the appropriation in each fiscal year to pay	1674
the costs it incurs in administering the duties and	1675
responsibilities established in this section.	1676

(I) The Department of Rehabilitation and Correction may adopt	1677
rules, guidelines, and procedures as necessary to carry out the	1678
purposes of this section.	1679

Section 7. Within the limits set forth in this act, the	1680
Director of Budget and Management shall establish accounts	1681
indicating the source and amount of funds for each appropriation	1682
made in this act, and shall determine the form and manner in which	1683
appropriation accounts shall be maintained. Expenditures from	1684
appropriations contained in this act shall be accounted for as	1685
though made in Am. Sub. H.B. 59 of the 130th General Assembly.	1686

The appropriations made in this act are subject to all	1687
provisions of Am. Sub. H.B. 59 of the 130th General Assembly that	1688
are generally applicable to such appropriations.	1689

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Bill Text: OH HB369 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 369 (Prior Session Legislation)

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