2006 Ohio Revised Code - [5126.05.4] 5126.054.Components of county three-calendar year plan.

[§ 5126.05.4] § 5126.054. Components of county three-calendar year plan.
 

(A)  Each county board of mental retardation and developmental disabilities shall, by resolution, develop a three-calendar year plan that includes the following four components: 

(1) An assessment component that includes all of the following: 

(a) The number of individuals with mental retardation or other developmental disability residing in the county who need the level of care provided by an intermediate care facility for the mentally retarded, may seek home and community-based services, are given priority for the services pursuant to division (D) of section 5126.042 [5126.04.2] of the Revised Code; the service needs of those individuals; and the projected annualized cost for services; 

(b) The source of funds available to the county board to pay the nonfederal share of medicaid expenditures that the county board is required by division (A) of section 5126.057 [5126.05.7] of the Revised Code to pay; 

(c) Any other applicable information or conditions that the department of mental retardation and developmental disabilities requires as a condition of approving the component under section 5123.046 [5123.04.6] of the Revised Code. 

(2) A component that provides for the recruitment, training, and retention of existing and new direct care staff necessary to implement services included in individualized service plans, including behavior management services and health management services such as delegated nursing and other habilitation services, and protect the health and welfare of individuals receiving services included in the individual's individualized service plan by complying with safeguards for unusual and major unusual incidents, day-to-day program management, and other requirements the department shall identify. A county board shall develop this component in collaboration with providers of medicaid-funded services with which the county board contracts. A county board shall include all of the following in the component: 

(a) The source and amount of funds available for the component; 

(b) A plan and timeline for implementing the component with the medicaid providers under contract with the county board; 

(c) The mechanisms the county board shall use to ensure the financial and program accountability of the medicaid provider's implementation of the component. 

(3) A preliminary implementation component that specifies the number of individuals to be provided, during the first year that the plan is in effect, home and community-based services pursuant to the priority given to them under divisions (D)(1) and (2) of section 5126.042 [5126.04.2] of the Revised Code and the types of home and community-based services the individuals are to receive; 

(4) A component that provides for the implementation of medicaid case management services, and home and community-based services for individuals who begin to receive the services on or after the date the plan is approved under section 5123.046 [5123.04.6] of the Revised Code. A county board shall include all of the following in the component: 

(a) If the department of mental retardation and developmental disabilities or department of job and family services requires, an agreement to pay the nonfederal share of medicaid expenditures that the county board is required by division (A) of section 5126.057 [5126.05.7] of the Revised Code to pay; 

(b) How the services are to be phased in over the period the plan covers, including how the county board will serve individuals on a waiting list established under division (C) of section 5126.042 [5126.04.2] who are given priority status under division (D)(1) of that section; 

(c) Any agreement or commitment regarding the county board's funding of home and community-based services that the county board has with the department at the time the county board develops the component; 

(d) Assurances adequate to the department that the county board will comply with all of the following requirements: 

(i) To provide the types of home and community-based services specified in the preliminary implementation component required by division (A)(3) of this section to at least the number of individuals specified in that component; 

(ii) To use any additional funds the county board receives for the services to improve the county board's resource capabilities for supporting such services available in the county at the time the component is developed and to expand the services to accommodate the unmet need for those services in the county; 

(iii) To employ a business manager who is either a new employee who has earned at least a bachelor's degree in business administration or a current employee who has the equivalent experience of a bachelor's degree in business administration. If the county board will employ a new employee, the county board shall include in the component a timeline for employing the employee. 

(iv) To employ or contract with a medicaid services manager who is either a new employee who has earned at least a bachelor's degree or a current employee who has the equivalent experience of a bachelor's degree. If the county board will employ a new employee, the county board shall include in the component a timeline for employing the employee. Two or three county boards that have a combined total enrollment in county board services not exceeding one thousand individuals as determined pursuant to certifications made under division (B) of section 5126.12 of the Revised Code may satisfy this requirement by sharing the services of a medicaid services manager or using the services of a medicaid services manager employed by or under contract with a regional council that the county boards establish under section 5126.13 of the Revised Code. 

(e) An agreement to comply with the method, developed by rules adopted under section 5123.0413 [5123.04.13] of the Revised Code, of paying for extraordinary costs, including extraordinary costs for services to individuals with mental retardation or other developmental disability, and ensuring the availability of adequate funds in the event a county property tax levy for services for individuals with mental retardation or other developmental disability fails; 

(f) Programmatic and financial accountability measures and projected outcomes expected from the implementation of the plan; 

(g) Any other applicable information or conditions that the department requires as a condition of approving the component under section 5123.046 [5123.04.6] of the Revised Code. 

(B)  For the purpose of obtaining the department's approval under section 5123.046 [5123.04.6] of the Revised Code of the plan the county board develops under division (A) of this section, a county board shall do all of the following: 

(1) Submit the components required by divisions (A)(1) and (2) of this section to the department not later than August 1, 2001; 

(2) Submit the component required by division (A)(3) of this section to the department not later than January 31, 2002; 

(3) Submit the component required by division (A)(4) of this section to the department not later than July 1, 2002. 

(C)  A county board whose plan developed under division (A) of this section is approved by the department under section 5123.046 [5123.04.6] of the Revised Code shall update and renew the plan in accordance with a schedule the department shall develop. 
 

HISTORY: 149 v H 94 (Eff 6-6-2001); 149 v H 405. Eff 12-13-2001; 151 v H 66, § 101.01, eff. 7-1-05.
 

The effective date is set by § 612.18 of 151 v H 66. 

Not analogous to former RC § 5126.05.4 (148 v H 283), repealed 149 v H 94, § 2, eff 6-6-2001.

Not analogous to former RC § 5126.05.4, amended and renumbered RC § 5126.04.5 in 146 v H 629, eff 3-13-97.

 

Effect of Amendments

151 v H 66, effective July 1, 2005, in the introductory language of (A)(4), deleted "habilitation center services" following "implementation of".