2006 Ohio Revised Code - 5126.12. Annual county reports on average daily membership in programs; semiannual payments by state.

§ 5126.12. Annual county reports on average daily membership in programs; semiannual payments by state.
 

(A)  As used in this section: 

(1) "Approved school age class" means a class operated by a county board of mental retardation and developmental disabilities and funded by the department of education under section 3317.20 of the Revised Code. 

(2) "Approved preschool unit" means a class or unit operated by a county board of mental retardation and developmental disabilities and approved under division (B) of section 3317.05 of the Revised Code. 

(3) "Active treatment" means a continuous treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services, and related services, that is directed toward the acquisition of behaviors necessary for an individual with mental retardation or other developmental disability to function with as much self-determination and independence as possible and toward the prevention of deceleration, regression, or loss of current optimal functional status. 

(4) "Eligible for active treatment" means that an individual with mental retardation or other developmental disability resides in an intermediate care facility for the mentally retarded certified under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended; resides in a state institution operated by the department of mental retardation and developmental disabilities; or is enrolled in home and community-based services. 

(5) "Traditional adult services" means vocational and nonvocational activities conducted within a sheltered workshop or adult activity center or supportive home services. 

(B)  Each county board of mental retardation and developmental disabilities shall certify to the director of mental retardation and developmental disabilities all of the following: 

(1) On or before the fifteenth day of October, the average daily membership for the first full week of programs and services during October receiving: 

(a) Early childhood services provided pursuant to section 5126.05 of the Revised Code for children who are less than three years of age on the thirtieth day of September of the academic year; 

(b) Special education for handicapped children in approved school age classes; 

(c) Adult services for persons sixteen years of age and older operated pursuant to section 5126.05 and division (B) of section 5126.051 [5126.05.1] of the Revised Code. Separate counts shall be made for the following: 

(i) Persons enrolled in traditional adult services who are eligible for but not enrolled in active treatment; 

(ii) Persons enrolled in traditional adult services who are eligible for and enrolled in active treatment; 

(iii) Persons enrolled in traditional adult services but who are not eligible for active treatment; 

(iv) Persons participating in community employment services. To be counted as participating in community employment services, a person must have spent an average of no less than ten hours per week in that employment during the preceding six months. 

(d) Other programs in the county for individuals with mental retardation and developmental disabilities that have been approved for payment of subsidy by the department of mental retardation and developmental disabilities. 

The membership in each such program and service in the county shall be reported on forms prescribed by the department of mental retardation and developmental disabilities. 

The department of mental retardation and developmental disabilities shall adopt rules defining full-time equivalent enrollees and for determining the average daily membership therefrom, except that certification of average daily membership in approved school age classes shall be in accordance with rules adopted by the state board of education. The average daily membership figure shall be determined by dividing the amount representing the sum of the number of enrollees in each program or service in the week for which the certification is made by the number of days the program or service was offered in that week. No enrollee may be counted in average daily membership for more than one program or service. 

(2) By the fifteenth day of December, the number of children enrolled in approved preschool units on the first day of December; 

(3) On or before the thirtieth day of March, an itemized report of all income and operating expenditures for the immediately preceding calendar year, in the format specified by the department of mental retardation and developmental disabilities; 

(4) By the fifteenth day of February, a report of the total annual cost per enrollee for operation of programs and services in the preceding calendar year. The report shall include a grand total of all programs operated, the cost of the individual programs, and the sources of funds applied to each program. 

(5) That each required certification and report is in accordance with rules established by the department of mental retardation and developmental disabilities and the state board of education for the operation and subsidization of the programs and services. 

(C)  To compute payments under this section to the board for the fiscal year, the department of mental retardation and developmental disabilities shall use the certification of average daily membership required by division (B)(1) of this section exclusive of the average daily membership in any approved school age class and the number in any approved preschool unit. 

(D)  The department shall pay each county board for each fiscal year an amount equal to nine hundred fifty dollars times the certified number of persons who on the first day of December of the academic year are under three years of age and are not in an approved preschool unit. For persons who are at least age sixteen and are not in an approved school age class, the department shall pay each county board for each fiscal year the following amounts: 

(1) One thousand dollars times the certified average daily membership of persons enrolled in traditional adult services who are eligible for but not enrolled in active treatment; 

(2) One thousand two hundred dollars times the certified average daily membership of persons enrolled in traditional adult services who are eligible for and enrolled in active treatment; 

(3) No less than one thousand five hundred dollars times the certified average daily membership of persons enrolled in traditional adult services but who are not eligible for active treatment; 

(4) No less than one thousand five hundred dollars times the certified average daily membership of persons participating in community employment services. 

(E)  The department shall distribute this subsidy to county boards in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, the thirty-first day of December, the thirty-first day of March, and the thirtieth day of June . 

(F)  The director of mental retardation and developmental disabilities shall make efforts to obtain increases in the subsidies for early childhood services and adult services so that the amount of the subsidies is equal to at least fifty per cent of the statewide average cost of those services minus any applicable federal reimbursements for those services. The director shall advise the director of budget and management of the need for any such increases when submitting the biennial appropriations request for the department. 

(G)  In determining the reimbursement of a county board for the provision of service and support administration, family support services, and other services required or approved by the director for which children three through twenty-one years of age are eligible, the department shall include the average daily membership in approved school age or preschool units. The department, in accordance with this section and upon receipt and approval of the certification required by this section and any other information it requires to enable it to determine a board's payments, shall pay the agency providing the specialized training the amounts payable under this section. 
 

HISTORY: GC § 1890-7c; 124 v 668; Bureau of Code Revision, RC § 5127.03, 10-1-53; 128 v 709 (Eff 11-2-59); 129 v 1614 (Eff 10-26-61); 131 v 1238 (Eff 8-23-65); 132 v S 169 (Eff 10-25-67); 133 v H 1 (Eff 3-18-69); 133 v H 688 (Eff 11-21-69); 133 v H 970 (Eff 7-14-70); 133 v H 941 (Eff 7-1-71); 134 v H 494 (Eff 7-12-72); RC § 5126.07, 136 v H 455 (Eff 8-27-76); 137 v S 493 (Eff 6-30-78); 138 v H 204 (Eff 7-30-79); 138 v H 900 (Eff 7-1-80); RC § 5126.12, 138 v S 160 (Eff 10-31-80); 139 v H 694 (Eff 11-15-81); 139 v S 550 (Eff 11-26-82); 140 v H 100 (Eff 2-24-83); 140 v H 291 (Eff 7-1-83); 140 v H 794 (Eff 7-6-84); 141 v H 201 (Eff 7-1-85); 141 v H 238 (Eff 7-1-85); 141 v S 322 (Eff 4-4-86); 142 v S 155 (Eff 6-24-88); 143 v H 569 (Eff 7-1-91); 144 v S 156 (Eff 1-10-92); 145 v H 152 (Eff 7-1-93); 145 v S 21 (Eff 10-29-93); 145 v H 694 (Eff 11-11-94); 146 v H 117 (Eff 6-30-95); 148 v H 282 (Eff 9-28-99); 148 v H 538 (Eff 9-22-2000); 149 v H 94. Eff 6-6-2001; 150 v H 95, § 1, eff. 6-26-03; 151 v H 66, § 101.01, eff. 7-1-05.
 

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

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

 

Effect of Amendments

151 v H 66, effective July 1, 2005, deleted (A)(5), defining "community alternative funding system", and redesignated former (A)(6) as (5); and deleted "under the community alternative funding system" from the end of (B)(1)(c)(i) through (iii) and (D)(1) through (3). 

H.B. 95, Acts 2003, effective June 26, 2003, deleted "by the state board of education" following "disabilities and approved" in (A)(2); in (A)(4), substituted "79" for "49," "286" for "620," "1965" for "1935," and "1396" for "301," deleted "waiver program administered by the department of mental retardation and developmental disabilities; as part of the medical assistance program established under section 5111.01 of the Revised Code"; in (E), substituted "quarterly" for "semiannual," "December" for "August and," and "March and the thirtieth day of June" for "January"; and inserted "thirtieth day of September, the."