2006 Ohio Revised Code - [5126.45.1] 5126.451.County boards to assume administration of contracts between providers and department.

[§ 5126.45.1] § 5126.451. County boards to assume administration of contracts between providers and department.
 

(A)  Effective July 1, 1995, county boards of mental retardation and developmental disabilities shall assume administration of supported living contracts with providers previously under contract with the department of mental retardation and developmental disabilities pursuant to section 5123.182 [5123.18.2] of the Revised Code. The department and each county board shall agree to the minimum number of individuals to be served under contracts transferred to it. 
 

When a contract is assumed under this section, the department shall transfer to the county board additional general revenue funds to be used by the board for administration of its supported living program. The amount transferred shall be equal to ten per cent of the transferred contract, except that the board, at its discretion, may agree to accept less than that amount. 

(B)  Before a contract is assumed and any transfer of funds occurs, the board shall work with the provider to identify the total service need for each individual served under the contract and the total service cost per individual. The process used to identify these needs and costs shall include the following: 

(1) Pursuant to section 5126.41 of the Revised Code, creation of an individual service plan that identifies all funding sources and supported living service needs, including the range of service units needed and the frequency at which the provider must provide services to fulfill those needs; 

(2) Calculation of a fee-for-service arrangement that is agreeable to the provider and the county board; 

(3) Determination of the amount needed, if any, to supplement each individual's room and board costs; 

(4) Projection of the total annual cost for all individuals to be served; 

(5) Identification of any difference between the projected annual cost and the revenue that will be available from the transfer of funds for the contract under this section. 

(C)  When a contract is assumed under this section, the county board shall enter into a twelve month contract with the provider. When the contract expires, the provider is subject to the contracting procedures established under section 5126.45 of the Revised Code. 

(D)  The amount of the contract established under this section shall be calculated by multiplying the following and adjusting the product in accordance with division (E) of this section: 

(1) The general revenue fund per diem that is reflected in the provider's most recent supported living contract with the department; 

(2) The number of individuals to be served under the contract; 

(3) Three hundred sixty five. 

(E)  The product obtained under division (D) of this section shall be adjusted according to individual need for each county. The adjustments shall not require the department to transfer more funds to county boards than the department would have expended during the fiscal year if it had continued to administer the contracts. 

(F)  If a contract to be assumed under this section is a contract with a network of providers and individuals in more than one county are served, the funds transferred under this section shall be allocated according to the county in which each individual served resides. 

(G)  The department shall adopt rules under Chapter 119. of the Revised Code as necessary to implement this section. 
 

HISTORY: 145 v H 694. Eff 11-11-94.