2006 Ohio Revised Code - 3793.06. Department to evaluate and certify all programs in state.
(A) The department of alcohol and drug addiction services shall evaluate and certify all alcohol and drug addiction programs in the state. Each program shall apply to the department for certification. No program shall be eligible to receive state or federal funds unless it has been certified by the department.
(B) No person shall represent in any manner that a program is certified by the department if the program is not certified at the time the representation is made.
(C) Pursuant to Chapter 119. of the Revised Code and in consultation with members or representatives of boards of alcohol, drug addiction, and mental health services, programs, individuals who receive alcohol and drug addiction services, and the department of mental health, the department shall adopt rules that establish all of the following:
(1) Minimum standards for the operation of programs, including, but not limited to, the following:
(a) Requirements regarding physical facilities of programs;
(b) Requirements with regard to health, safety, adequacy, and cultural specificity and sensitivity;
(c) Requirements regarding the rights of recipients of services and procedures to protect these rights.
(2) Standards for evaluating programs;
(3) Standards and procedures for granting full or conditional certification to a program;
(4) Standards and procedures for revoking the certification of a program that does not continue to meet the minimum standards established pursuant to this section.
(D) Rules adopted under division (C) of this section shall specify the limitations to be placed on a program that is granted conditional certification.
(E) The department may visit and evaluate any program to determine whether it meets the minimum standards for certification established pursuant to division (C) of this section. In the case of a program that has a contract with or proposes to contract with a board of alcohol, drug addiction, and mental health services, the department shall conduct the visit and evaluation in cooperation with the board. If the department determines that the program meets the minimum standards, it shall certify or recertify the program.
(F) If the department determines that a program that has a contract with a board or proposes to contract with a board does not meet the minimum standards for certification, it shall identify the areas in which the program does not meet the standards, specify what action is necessary to meet the standards, and offer technical assistance to the board to enable it to assist the program in meeting the standards. The department shall give the program a reasonable time within which to demonstrate that the program meets the minimum standards or to bring the program into compliance with the standards. If the department concludes that the program continues to fail to meet minimum standards, it shall deny certification and may request that the board reallocate the funds that the board is allocating to that program to another program that is certified. If the board does not reallocate the funds within a reasonable time, the department may withhold from the board the funds that the board is allocating to the program and allocate the funds directly to a recovery program certified by the department.
The department shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this division. The rules shall specify the notice and hearing procedures to be followed prior to denial of certification or reallocation of funds.
(G) The department may withhold from a board all or part of the state and federal funds allocated for a program certified under this section in the event of failure of that program to comply with this chapter,
Chapter 340. of the Revised Code, rules adopted by the department, or other provisions of state or federal law, including federal regulations.
If the department proposes to withhold funds, it shall identify the areas of the program's noncompliance and the action necessary to achieve compliance and shall offer technical assistance to the board to enable it to assist the program to achieve compliance. The department shall allow a reasonable time within which the board or program shall demonstrate that the program is in compliance or the program shall bring itself into compliance. Before withholding funds, the department shall hold a hearing on the question of whether the program is in, or can be brought into, compliance. If, based on the hearing and other evidence, the department determines that compliance has not been, or cannot be, achieved, the department may withhold the funds and allocate all or part of the withheld funds to a certified program that is in compliance. That program shall use the funds to provide the services of the program that is not in compliance, until such time as it is in compliance.
The department shall establish rules pursuant to Chapter 119. of the Revised Code to implement this division.
(H) The department shall maintain a current list of alcohol and drug addiction programs certified by the department under division (A) of this section and shall provide a copy of the current list to a judge of a court of common pleas who requests a copy for the use of the judge under division (H) of
section 2925.03 of the Revised Code. The list of certified alcohol and drug addiction programs shall identify each certified program by its name, its address, and the county in which it is located.
HISTORY: 143 v H 317 (Eff 10-10-89); 146 v S 166. Eff 10-17-96.
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