US Laws, Codes, Statutes & Cases

[§ 5123.19.6] § 5123.196. Maximum number of beds for purposes of issuing licenses.
 

(A)  Except as provided in division (F) of this section, the director of mental retardation and developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. 

(B)  Except as provided in division (D) of this section, the maximum number of beds for the purpose of division (A) of this section shall not exceed ten thousand eight hundred thirty-eight minus, except as provided in division (C) of this section, both of the following: 

(1) The number of such beds that cease to be residential facility beds on or after July 1, 2003, because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered in accordance with section 5123.19 of the Revised Code and after the issuance of an adjudication order pursuant to Chapter 119. of the Revised Code; 

(2) The number of such beds for which a licensee voluntarily converts to use for supported living on or after July 1, 2003. 

(C)  The director is not required to reduce the maximum number of beds pursuant to division (B) of this section by a bed that ceases to be a residential facility bed if the director determines that the bed is needed to provide services to an individual with mental retardation or a developmental disability who resided in the residential facility in which the bed was located unless the reason the bed ceases to be a residential facility bed is because it is converted to providing home and community-based services under the ICF/MR conversion pilot program that is authorized by a waiver sought under division (B)(1) of section 5111.88 of the Revised Code. 

(D)  The director shall increase the number of beds determined under division (B) of this section if necessary to enable the operator of a residential facility to do either of the following: 

(1) Obtain a residential facility license as required by section 5111.8814 [5111.88.14] of the Revised Code; 

(2) Reconvert beds to providing ICF/MR services under section 5111.8811 [5111.88.11] of the Revised Code. 

(E)  The director shall maintain an up-to-date written record of the maximum number of residential facility beds provided for by division (B) of this section. 

(F)  The director may issue an interim license under division (R) of section 5123.19 of the Revised Code and issue, pursuant to rules adopted under division (G)(11) of that section, a waiver allowing a residential facility to admit more residents than the facility is licensed to admit regardless of whether the interim license or waiver will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. 
 

HISTORY: 150 v H 95, § 1, eff. 6-26-03; 151 v H 530, § 101.01, eff. 6-30-06.
 

The effective date is set by § 812.03 of 151 v H 530. 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

151 v H 530, effective June 30, 2006, added the exception to the beginning of the introductory language of (B); in (C), added the language beginning "unless the reason" to the end; and inserted (D) and redesignated the remaining subsections accordingly.