Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The department of mental health and addiction services shall implement the residential state supplement program under which the state supplements the amounts received by aged, blind, or disabled adults as supplemental security income payments under Title XVI of the "Social Security Act," 42 U.S.C. 1381 et seq., or as social security benefits or social security disability insurance benefits under Title II of the "Social Security Act," 42 U.S.C. 401 et seq. Residential state supplement payments shall be used for the provision of accommodations, supervision, and personal care services to recipients of supplemental security income payments, social security benefits, and social security disability insurance benefits who the department determines are at risk of needing institutional care.
In implementing the program, the department may designate one or more entities to be responsible for providing administrative services regarding the program. The department may designate an entity either by entering into a contract with the entity to provided the services or by otherwise delegating to the entity the responsibility to provide the services.
(B) To be eligible for residential state supplement payments, an individual must satisfy all eligibility requirements established by rules adopted under this section.
(C) The director of mental health and addiction services and the medicaid director shall adopt rules as necessary to implement the residential state supplement program, including the requirements that an individual must satisfy to be eligible for payments under the program. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
The rules adopted by the director of mental health and addiction services may establish the method to be used to determine the payment an eligible individual will receive under the program. The amount the general assembly appropriates for the program may be a factor included in the method that director establishes.
To the extent permitted by Title XVI of the "Social Security Act" and any other provision of federal law, the rules adopted by the medicaid director may establish standards for adjusting the eligibility requirements concerning the level of impairment an individual must have so that the amount appropriated for the program by the general assembly is adequate for the number of eligible individuals. The rules shall not limit the eligibility of individuals who are disabled solely on a basis classifying disabilities as physical or mental.
(D) The county department of job and family services of the county in which an applicant for the residential state supplement program resides or the department of medicaid shall determine whether the applicant meets income and resource requirements for the program.
The county department of job and family services or the department of medicaid shall notify each individual who is denied approval for payments under the program of the individual's right to a hearing. On request, the hearing shall be provided in accordance with section 5101.35 of the Revised Code.
(E) An individual in a licensed or certified living arrangement receiving state supplementation on November 15, 1990, under former section 5101.531 of the Revised Code shall not become ineligible for payments under this program solely by reason of the individual's living arrangement as long as the individual remains in the living arrangement in which the individual resided on November 15, 1990.
Structure Ohio Revised Code
Chapter 5119 | Department of Mental Health and Addiction Services
Section 5119.01 | Definitions.
Section 5119.011 | References to Department or Director.
Section 5119.04 | Compliance With Standards.
Section 5119.05 | Managing Officer; Duties.
Section 5119.051 | Books and Accounts; Form and Method.
Section 5119.07 | Businesses Located Near Institutions.
Section 5119.08 | Appointing Special Police Officers for Institutions.
Section 5119.09 | Physician Specialists.
Section 5119.091 | Attorney General Duties.
Section 5119.10 | Director of Mental Health and Addiction Services; Powers and Duties.
Section 5119.11 | Medical Director; Qualifications; Duties.
Section 5119.14 | Department of Mental Health and Addiction Services; Powers and Duties Generally.
Section 5119.141 | Authority of Department.
Section 5119.15 | Investigative Powers.
Section 5119.17 | Addicted Pregnant Women and Their Children.
Section 5119.18 | Classified and Unclassified Appointments.
Section 5119.181 | Certain Convictions Preclude Appointments.
Section 5119.182 | Fidelity Bond.
Section 5119.184 | Providing Educational Grants or Tuition Reimbursement for Employees.
Section 5119.185 | Clinician Recruitment Program.
Section 5119.186 | Conduct Collaborative Training Efforts for Students.
Section 5119.187 | Courses of Study for Instruction and Training of Persons in Institutions.
Section 5119.19 | Psychotropic Drug Reimbursement Program.
Section 5119.191 | Reimbursement for Substance Use Treatment Drugs in County Jails.
Section 5119.201 | Real or Personal Property Transactions.
Section 5119.22 | Director of Mental Health and Addiction Services; Duties.
Section 5119.221 | Waiver or Requirements; Authority of Director.
Section 5119.24 | Annual Report by Boards Specifying Use of Funds.
Section 5119.26 | Civil Rights and Liberties of Patients.
Section 5119.27 | Confidentiality of Records Pertaining to Identity, Diagnosis or Treatment.
Section 5119.30 | Program Providing Information and Services to Courts.
Section 5119.31 | Procedure for Purchase of Supplies.
Section 5119.311 | Examining Mental and Physical Condition of Confined Person.
Section 5119.32 | Utilizing Federal Block Grant Funds.
Section 5119.33 | Inspecting and Licensing of Hospitals for Mentally Ill Persons.
Section 5119.331 | Injunction.
Section 5119.332 | Payments and Reimbursements to Unlicensed Hospital.
Section 5119.333 | Prohibiting Keeping or Maintaining Unlicensed Hospital.
Section 5119.34 | Inspecting and Licensing of Residential Facilities.
Section 5119.341 | Operations as Permitted Use.
Section 5119.342 | Appointing Receiver for Residential Facility.
Section 5119.35 | Addiction Services Requiring Certification.
Section 5119.36 | Certifying Community Mental Health Services or Addiction Services Providers.
Section 5119.362 | Duties of Community Addiction Services Provider.
Section 5119.363 | Adoption of Rules for Community Addiction Services Providers.
Section 5119.364 | Publication of Reports.
Section 5119.365 | Rules Regarding Intake and Retention Procedures.
Section 5119.366 | Establishing Grievance Procedures.
Section 5119.368 | Telehealth Services.
Section 5119.37 | Requirements to Operate Opioid Addiction Treatment Programs.
Section 5119.371 | Location of Opioid Treatment Programs.
Section 5119.38 | Drivers' Intervention Program.
Section 5119.40 | Determination of Services Needed.
Section 5119.41 | Residential State Supplement Program.
Section 5119.42 | State Aid for Community Construction Programs.
Section 5119.421 | Replacement Facility Projects.
Section 5119.43 | Sale or Lease of Land or Facilities.
Section 5119.431 | Acquiring Real Estate.
Section 5119.44 | Providing Goods and Services to Certain Departments, Agencies and Institutions.
Section 5119.45 | Sale of Goods and Services Fund.
Section 5119.46 | Department of Mental Health and Addiction Services Trust Fund.
Section 5119.47 | Problem Casino Gambling and Addictions Fund; Administration.
Section 5119.48 | All Roads Lead to Home Program.
Section 5119.51 | Services Fund for Individuals With Mental Illness.
Section 5119.52 | Industrial and Entertainment Fund; Commissary Fund.
Section 5119.56 | Money and Property of Patients.
Section 5119.60 | Annual Report.
Section 5119.61 | Statistics Concerning Care, Treatment and Rehabilitation.
Section 5119.70 | Interstate Compact on Mental Health.
Section 5119.71 | Duties of Compact Administrators.
Section 5119.72 | Supplementary Agreements.
Section 5119.73 | Financial Obligations.
Section 5119.90 | Definitions for Sections 5119.90 to 5119.98.
Section 5119.91 | Involuntary Treatment for Alcohol and Other Drug Abuse.
Section 5119.92 | Criteria for Involuntary Treatment.
Section 5119.93 | Initiation of Proceedings; Petition.
Section 5119.94 | Examination of Petitioner; Hearing; Notification of Respondent; Disposition.
Section 5119.95 | Seventy-Two-Hour Emergency Involuntary Treatment.
Section 5119.96 | Issuance of Summons; Failure to Attend Examination; Transportation to Hospital.
Section 5119.97 | Lists of Qualified Hospitals and Treatment Providers.
Section 5119.98 | Applicability of Orc Sections 3793.12, 3793.13, and 3793.14.