Section 1. That sections 173.501, 173.521, 173.542, 2317.54, | 16 |
4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64, | 17 |
5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.99, | 18 |
5123.61, and 5126.31 be amended; sections 5101.61 (5101.63), | 19 |
5101.611 (5101.64), 5101.62 (5101.65), 5101.63 (5101.651), 5101.64 | 20 |
(5101.66), 5101.65 (5101.68), 5101.66 (5101.681), 5101.67 | 21 |
(5101.682), 5101.68 (5101.69), 5101.69 (5101.70), 5101.70 | 22 |
(5101.71), 5101.71 (5101.61), and 5101.72 (5101.611) be amended | 23 |
for the purpose of adopting new section numbers as indicated in | 24 |
parentheses; and new section 5101.62 and sections 5101.631, | 25 |
5101.632, 5101.701, 5101.702, 5101.74, and 5101.741 of the Revised | 26 |
Code be enacted to read as follows: | 27 |
(C) Each month, the department of aging shall identify | 65 |
individuals who are eligible for the home first component of the | 66 |
PACE program. When the department identifies such an individual, | 67 |
the department shall notify the PACE provider serving the area in | 68 |
which the individual resides. The PACE provider shall determine | 69 |
whether the PACE program is appropriate for the individual and | 70 |
whether the individual would rather participate in the PACE | 71 |
program than continue or begin to reside in a nursing facility. If | 72 |
the PACE provider determines that the PACE program is appropriate | 73 |
for the individual and the individual would rather participate in | 74 |
the PACE program than continue or begin to reside in a nursing | 75 |
facility, the PACE provider shall so notify the department of | 76 |
aging. On receipt of the notice from the PACE provider, the | 77 |
department of aging shall approve the individual's enrollment in | 78 |
the PACE program in accordance with priorities established in | 79 |
rules adopted under section 173.50 of the Revised Code. | 80 |
Sec. 173.521. (A) Unless the medicaid-funded component of | 81 |
the PASSPORT program is terminated pursuant to division (C) of | 82 |
section 173.52 of the Revised Code, the department shall establish | 83 |
a home first component of the PASSPORT program under which | 84 |
eligible individuals may be enrolled in the medicaid-funded | 85 |
component of the PASSPORT program in accordance with this section. | 86 |
An individual is eligible for the PASSPORT program's home first | 87 |
component if both of the following apply: | 88 |
(B) Each month, each area agency on aging shall identify | 117 |
individuals residing in the area that the agency serves who are | 118 |
eligible for the home first component of the PASSPORT program. | 119 |
When an area agency on aging identifies such an individual, the | 120 |
agency shall notify the long-term care consultation program | 121 |
administrator serving the area in which the individual resides. | 122 |
The administrator shall determine whether the PASSPORT program is | 123 |
appropriate for the individual and whether the individual would | 124 |
rather participate in the PASSPORT program than continue or begin | 125 |
to reside in a nursing facility. If the administrator determines | 126 |
that the PASSPORT program is appropriate for the individual and | 127 |
the individual would rather participate in the PASSPORT program | 128 |
than continue or begin to reside in a nursing facility, the | 129 |
administrator shall so notify the department of aging. On receipt | 130 |
of the notice from the administrator, the department shall approve | 131 |
the individual's enrollment in the medicaid-funded component of | 132 |
the PASSPORT program regardless of the unified waiting list | 133 |
established under section 173.55 of the Revised Code, unless the | 134 |
enrollment would cause the component to exceed any limit on the | 135 |
number of individuals who may be enrolled in the component as set | 136 |
by the United States secretary of health and human services in the | 137 |
PASSPORT waiver. | 138 |
Sec. 173.542. (A) Unless the medicaid-funded component of | 139 |
the assisted living program is terminated pursuant to division (C) | 140 |
of section 173.54 of the Revised Code, the department of aging | 141 |
shall establish a home first component of the assisted living | 142 |
program under which eligible individuals may be enrolled in the | 143 |
medicaid-funded component of the assisted living program in | 144 |
accordance with this section. An individual is eligible for the | 145 |
assisted living program's home first component if both of the | 146 |
following apply: | 147 |
(B) Each month, each area agency on aging shall identify | 176 |
individuals residing in the area that the area agency on aging | 177 |
serves who are eligible for the home first component of the | 178 |
assisted living program. When an area agency on aging identifies | 179 |
such an individual and determines that there is a vacancy in a | 180 |
residential care facility participating in the medicaid-funded | 181 |
component of the assisted living program that is acceptable to the | 182 |
individual, the agency shall notify the long-term care | 183 |
consultation program administrator serving the area in which the | 184 |
individual resides. The administrator shall determine whether the | 185 |
assisted living program is appropriate for the individual and | 186 |
whether the individual would rather participate in the assisted | 187 |
living program than continue or begin to reside in a nursing | 188 |
facility. If the administrator determines that the assisted living | 189 |
program is appropriate for the individual and the individual would | 190 |
rather participate in the assisted living program than continue or | 191 |
begin to reside in a nursing facility, the administrator shall so | 192 |
notify the department of aging. On receipt of the notice from the | 193 |
administrator, the department shall approve the individual's | 194 |
enrollment in the medicaid-funded component of the assisted living | 195 |
program regardless of the unified waiting list established under | 196 |
section 173.55 of the Revised Code, unless the enrollment would | 197 |
cause the component to exceed any limit on the number of | 198 |
individuals who may participate in the component as set by the | 199 |
United States secretary of health and human services in the | 200 |
assisted living waiver. | 201 |
Sec. 2317.54. No hospital, home health agency, ambulatory | 202 |
surgical facility, or provider of a hospice care program or | 203 |
pediatric respite care program shall be held liable for a | 204 |
physician's failure to obtain an informed consent from the | 205 |
physician's patient prior to a surgical or medical procedure or | 206 |
course of procedures, unless the physician is an employee of the | 207 |
hospital, home health agency, ambulatory surgical facility, or | 208 |
provider of a hospice care program or pediatric respite care | 209 |
program. | 210 |
Written consent to a surgical or medical procedure or course | 211 |
of procedures shall, to the extent that it fulfills all the | 212 |
requirements in divisions (A), (B), and (C) of this section, be | 213 |
presumed to be valid and effective, in the absence of proof by a | 214 |
preponderance of the evidence that the person who sought such | 215 |
consent was not acting in good faith, or that the execution of the | 216 |
consent was induced by fraudulent misrepresentation of material | 217 |
facts, or that the person executing the consent was not able to | 218 |
communicate effectively in spoken and written English or any other | 219 |
language in which the consent is written. Except as herein | 220 |
provided, no evidence shall be admissible to impeach, modify, or | 221 |
limit the authorization for performance of the procedure or | 222 |
procedures set forth in such written consent. | 223 |
(C) The consent is signed by the patient for whom the | 234 |
procedure is to be performed, or, if the patient for any reason | 235 |
including, but not limited to, competence, minority, or the fact | 236 |
that, at the latest time that the consent is needed, the patient | 237 |
is under the influence of alcohol, hallucinogens, or drugs, lacks | 238 |
legal capacity to consent, by a person who has legal authority to | 239 |
consent on behalf of such patient in such circumstances, including | 240 |
either of the following: | 241 |
Any use of a consent form that fulfills the requirements | 247 |
stated in divisions (A), (B), and (C) of this section has no | 248 |
effect on the common law rights and liabilities, including the | 249 |
right of a physician to obtain the oral or implied consent of a | 250 |
patient to a medical procedure, that may exist as between | 251 |
physicians and patients on July 28, 1975. | 252 |
As used in this section the term "hospital" has the same | 253 |
meaning as in section 2305.113 of the Revised Code; "home health | 254 |
agency" has the same meaning as in section 5101.613701.881 of the | 255 |
Revised Code; "ambulatory surgical facility" has the meaning as in | 256 |
division (A) of section 3702.30 of the Revised Code; and "hospice | 257 |
care program" and "pediatric respite care program" have the same | 258 |
meanings as in section 3712.01 of the Revised Code. The provisions | 259 |
of this division apply to hospitals, doctors of medicine, doctors | 260 |
of osteopathic medicine, and doctors of podiatric medicine. | 261 |
(F) "Dental hygiene services" means the prophylactic, | 279 |
preventive, and other procedures that dentists are authorized by | 280 |
this chapter and rules of the state dental board to assign to | 281 |
dental hygienists, except for procedures while a patient is | 282 |
anesthetized, definitive root planing, definitive subgingival | 283 |
curettage, the administration of local anesthesia, and the | 284 |
procedures specified in rules adopted by the board as described in | 285 |
division (C)(4) of section 4715.22 of the Revised Code. | 286 |
(19) Any other location, as specified by the state dental | 332 |
board in rules adopted under section 4715.372 of the Revised Code, | 333 |
that is in an area designated as a dental health resource shortage | 334 |
area pursuant to section 3702.87 of the Revised Code and provides | 335 |
health care services to individuals who are medicaid recipients | 336 |
and to indigent and uninsured persons, as defined in section | 337 |
2305.234 of the Revised Code. | 338 |
(B)(C) "Adult" means any person sixty years of age or older | 346 |
within this state who is handicapped by the infirmities of aging | 347 |
or who has a physical or mental impairment which prevents the | 348 |
person from providing for the person's own care or protection, and | 349 |
who resides in an independent living arrangement. An "independent | 350 |
living arrangement" is a domicile of a person's own choosing, | 351 |
including, but not limited to, a private home, apartment, trailer, | 352 |
or rooming house. An "independent living arrangement" includes a | 353 |
residential facility licensed under section 5119.34 of the Revised | 354 |
Code that provides accommodations, supervision, and personal care | 355 |
services for three to sixteen unrelated adults, but does not | 356 |
include other institutions or facilities licensed by the state or | 357 |
facilities in which a person resides as a result of voluntary, | 358 |
civil, or criminal commitment. | 359 |
(I)(M) "Incapacitated person" means a person who is impaired | 402 |
for any reason to the extent that the person lacks sufficient | 403 |
understanding or capacity to make and carry out reasonable | 404 |
decisions concerning the person's self or resources, with or | 405 |
without the assistance of a caretaker. Refusal to consent to the | 406 |
provision of services shall not be the sole determinative that the | 407 |
person is incapacitated. "Reasonable decisions" are decisions made | 408 |
in daily living which facilitate the provision of food, shelter, | 409 |
clothing, and health care necessary for life support. | 410 |
(J)(N) "Independent living arrangement" means a domicile of a | 411 |
person's own choosing, including, but not limited to, a private | 412 |
home, apartment, trailer, or rooming house. "Independent living | 413 |
arrangement" includes a residential facility licensed under | 414 |
section 5119.22 of the Revised Code that provides accommodations, | 415 |
supervision, and personal care services for three to sixteen | 416 |
unrelated adults, but does not include any other institution or | 417 |
facility licensed by the state or a facility in which a person | 418 |
resides as a result of voluntary, civil, or criminal commitment. | 419 |
(N)(T) "Protective services" means services provided by the | 438 |
county department of job and family services or its designated | 439 |
agency to an adult who has been determined by evaluation to | 440 |
require such services for the prevention, correction, or | 441 |
discontinuance of an act of as well as conditions resulting from | 442 |
abuse, neglect, or exploitation. Protective services may include, | 443 |
but are not limited to, case work services, medical care, mental | 444 |
health services, legal services, fiscal management, home health | 445 |
care, homemaker services, housing-related services, guardianship | 446 |
services, and placement services as well as the provision of such | 447 |
commodities as food, clothing, and shelter. | 448 |
Sec. 5101.71. Sec. 5101.61. (A) The county departments of job and | 459 |
family services shall implement sections 5101.60 to 5101.71 of the | 460 |
Revised Code. The department of job and family services may | 461 |
provide a program of ongoing, comprehensive, formal training to | 462 |
county departments and other agencies authorized to implement | 463 |
sections 5101.60 to 5101.71 of the Revised Code. Training shall | 464 |
not be limited to the procedures for implementing section 5101.62 | 465 |
of the Revised Code. | 466 |
(B) The director of job and family services may adopt rules | 467 |
in accordance with section 111.15 of the Revised Code governing | 468 |
the county departments' implementation of sections 5101.60 to | 469 |
5101.71 of the Revised Code. The rules adopted pursuant to this | 470 |
division may include a requirement that the county departments | 471 |
provide on forms prescribed by the rules a plan of proposed | 472 |
expenditures, and a report of actual expenditures, of funds | 473 |
necessary to implement sections 5101.60 to 5101.71 of the Revised | 474 |
Code. | 475 |
Sec. 5101.72. Sec. 5101.611. The department of job and family | 476 |
services, to the extent of available funds, may reimburse county | 477 |
departments of job and family services for all or part of the | 478 |
costs they incur in implementing sections 5101.60 to 5101.71 of | 479 |
the Revised Code. The director of job and family services shall | 480 |
adopt internal management rules in accordance with section 111.15 | 481 |
of the Revised Code that provide for reimbursement of county | 482 |
departments of job and family services under this section. | 483 |
(e) Is operated by the state, a political subdivision, or an | 572 |
agency of either, or is operated not for profit in this state and | 573 |
is licensed or registered, if required, pursuant to law by the | 574 |
appropriate department of the state, county, or municipality in | 575 |
which it furnishes services; or is operated for profit in this | 576 |
state, meets all the requirements specified in divisions (A)(5)(a) | 577 |
to (d) of this section, and is certified under Title XVIII of the | 578 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 579 |
amended. | 580 |
Any attorney, physician, osteopath, podiatrist, chiropractor, | 609 |
dentist, psychologist, any employee of a hospital as defined in | 610 |
section 3701.01 of the Revised Code, any nurse licensed under | 611 |
Chapter 4723. of the Revised Code, any employee of an ambulatory | 612 |
health facility, any employee of a home health agency, any | 613 |
employee of a residential facility licensed under section 5119.34 | 614 |
of the Revised Code that provides accommodations, supervision, and | 615 |
personal care services for three to sixteen unrelated adults, any | 616 |
employee of a nursing home, residential care facility, or home for | 617 |
the aging, as defined in section 3721.01 of the Revised Code, any | 618 |
senior service provider, any peace officer, coroner, member of the | 619 |
clergy, any employee of a community mental health facility, and | 620 |
any person engaged in social work or counseling(1) Any individual | 621 |
listed in division (A)(2) of this section having reasonable cause | 622 |
to believe that an adult is being abused, neglected, or exploited, | 623 |
or is in a condition which is the result of abuse, neglect, or | 624 |
exploitation shall immediately report such belief to the county | 625 |
department of job and family services. This section does not apply | 626 |
to employees of any hospital or public hospital as defined in | 627 |
section 5122.01 of the Revised Code. | 628 |
(D) Any person with reasonable cause to believe that an adult | 719 |
is suffering abuse, neglect, or exploitation who makes a report | 720 |
pursuant to this section or who testifies in any administrative or | 721 |
judicial proceeding arising from such a report, or any employee of | 722 |
the state or any of its subdivisions who is discharging | 723 |
responsibilities under section 5101.62 of the Revised Code shall | 724 |
be immune from civil or criminal liability on account of such | 725 |
investigation, report, or testimony, except liability for perjury, | 726 |
unless the person has acted in bad faith or with malicious | 727 |
purpose. | 728 |
(F) Neither the written or oral report provided for in this | 738 |
section nor the investigatory report provided for in section | 739 |
5101.625101.65 of the Revised Code shall be considered a public | 740 |
record as defined in section 149.43 of the Revised Code. | 741 |
InformationOn request, information contained in the report shall | 742 |
upon request be made available to the adult who is the subject of | 743 |
the report, to agencies authorized by the county department of job | 744 |
and family services to receive information contained in the | 745 |
report, and to legal counsel for the adult. If it determines that | 746 |
there is a risk of harm to a person who makes a report under this | 747 |
section or to the adult who is the subject of the report, the | 748 |
county department of job and family services may redact the name | 749 |
and identifying information related to the person who made the | 750 |
report. | 751 |
Sec. 5101.631. (A) Not later than two years after the | 752 |
effective date of this section, the department of job and family | 753 |
services may establish a registry to maintain reports of abuse, | 754 |
neglect, or exploitation of adults, whether investigated or not, | 755 |
made to county departments of job and family services under | 756 |
section 5101.63 of the Revised Code. The department shall release | 757 |
information in the registry to county departments of job and | 758 |
family services in accordance with division (B) of section 5101.65 | 759 |
of the Revised Code and may release information in the registry to | 760 |
law enforcement agencies through the Ohio law enforcement gateway | 761 |
established under section 109.57 of the Revised Code. | 762 |
(B) Not later than six months after the effective date of | 763 |
this section, the department shall submit to the president of the | 764 |
senate, the speaker of the house of representatives, the minority | 765 |
leader of the senate, the minority leader of the house of | 766 |
representatives, and the elder abuse commission created under | 767 |
section 5101.74 of the Revised Code a report outlining a process | 768 |
for implementation of a registry under division (A) of this | 769 |
section. The report shall include an estimate of the cost to the | 770 |
department and county departments of implementing the registry. | 771 |
Sec. 5101.611. Sec. 5101.64. If a county department of job and | 778 |
family services knows or has reasonable cause to believe that the | 779 |
subject of a report made under section 5101.615101.63 of the | 780 |
Revised Code or of an investigation conducted under sections | 781 |
5101.62 to 5101.64section 5101.65 of the Revised Code or on the | 782 |
initiative of the county department is mentally retarded or | 783 |
developmentally disabled, as defined in section 5126.01 of the | 784 |
Revised Code, the county department shall refer the case to the | 785 |
county board of developmental disabilities of that county for | 786 |
review pursuant to section 5126.31 of the Revised Code. | 787 |
Sec. 5101.62. Sec. 5101.65. The county department of job and | 793 |
family services shall be responsible for the investigation of all | 794 |
reports provided for in section 5101.615101.63 and all cases | 795 |
referred to it under section 5126.31 of the Revised Code and for | 796 |
evaluating the need for and, to the extent of available funds, | 797 |
providing or arranging for the provision of protective services. | 798 |
The department may designate another agency to perform the | 799 |
department's duties under this section. | 800 |
Investigation of the need for protective services shall | 807 |
include a face-to-face visit with the adult who is the subject of | 808 |
the report, preferably in the adult's residence, and consultation | 809 |
with the person who made the report, if feasible, and agencies or | 810 |
persons who have information about the adult's alleged abuse, | 811 |
neglect, or exploitation. | 812 |
Upon completion of the investigation, the department shall | 818 |
determine from its findings whether or not the adult who is the | 819 |
subject of the report is in need of protective services. No adult | 820 |
shall be determined to be abused, neglected, or in need of | 821 |
protective services for the sole reason that, in lieu of medical | 822 |
treatment, the adult relies on or is being furnished spiritual | 823 |
treatment through prayer alone in accordance with the tenets and | 824 |
practices of a church or religious denomination of which the adult | 825 |
is a member or adherent. The department shall write a report which | 826 |
confirms or denies the need for protective services and states why | 827 |
it reached this conclusion. | 828 |
Sec. 5101.63. Sec. 5101.651. If, during the course of an | 829 |
investigation conducted under section 5101.625101.65 of the | 830 |
Revised Code, any person, including the adult who is the subject | 831 |
of the investigation, denies or obstructs access to the residence | 832 |
of the adult, the county department of job and family services may | 833 |
file a petition in court for a temporary restraining order to | 834 |
prevent the interference or obstruction. The court shall issue a | 835 |
temporary restraining order to prevent the interference or | 836 |
obstruction if it finds there is reasonable cause to believe that | 837 |
the adult is being or has been abused, neglected, or exploited and | 838 |
access to the person's residence has been denied or obstructed. | 839 |
Such a finding is prima-facie evidence that immediate and | 840 |
irreparable injury, loss, or damage will result, so that notice is | 841 |
not required. After obtaining an order restraining the obstruction | 842 |
of or interference with the access of the protective services | 843 |
representative, the representative may be accompanied to the | 844 |
residence by a peace officer. | 845 |
Sec. 5101.64. Sec. 5101.66. Any person who requests or consents to | 846 |
receive protective services shall receive such services only after | 847 |
an investigation and determination of a need for protective | 848 |
services, which. The investigation shall be performed in the same | 849 |
manner as the investigation of a report pursuant to
sections | 850 |
5101.62 and 5101.63section 5101.65 of the Revised Code. If the | 851 |
person withdraws consent, the protective services shall be | 852 |
terminated. | 853 |
Sec. 5101.65. Sec. 5101.68. If the county department of job and | 854 |
family services determines that an adult is in need of protective | 855 |
services and is an incapacitated person, the department may | 856 |
petition the court for an order authorizing the provision of | 857 |
protective services. The petition shall state the specific facts | 858 |
alleging the abuse, neglect, or exploitation and shall include a | 859 |
proposed protective service plan. Any plan for protective services | 860 |
shall be specified in the petition. | 861 |
Sec. 5101.66. Sec. 5101.681. Notice of a petition for the | 862 |
provision of court-ordered protective services as provided for in | 863 |
section
5101.655101.68 of the Revised Code shall be personally | 864 |
served upon the adult who is the subject of the petition at least | 865 |
five working days prior to the date set for the hearing as | 866 |
provided in section
5101.675101.682 of the Revised Code. Notice | 867 |
shall be given orally and in writing in language reasonably | 868 |
understandable to the adult. The notice shall include the names of | 869 |
all petitioners, the basis of the belief that protective services | 870 |
are needed, the rights of the adult in the court proceedings, and | 871 |
the consequences of a court order for protective services. The | 872 |
adult shall be informed of
histhe right to counsel and histhe | 873 |
right to appointed counsel if hethe adult is indigent and if | 874 |
appointed counsel is requested. Written notice by certified mail | 875 |
shall also be given to the adult's guardian, legal counsel, | 876 |
caretaker, and spouse, if any, or if hethe adult has none of | 877 |
these, to histhe adult's adult children or next of kin, if any, | 878 |
or to any other person as the court may require. The adult who is | 879 |
the subject of the petition may not waive notice as provided in | 880 |
this section. | 881 |
Sec. 5101.67. Sec. 5101.682. (A) The court shall hold a hearing on | 882 |
the petition as provided in section 5101.655101.68 of the Revised | 883 |
Code within fourteen days after its filing. The adult who is the | 884 |
subject of the petition shall have the right to be present at the | 885 |
hearing, present evidence, and examine and cross-examine | 886 |
witnesses. The adult shall be represented by counsel unless the | 887 |
right to counsel is knowingly waived. If the adult is indigent, | 888 |
the court shall appoint counsel to represent the adult. If the | 889 |
court determines that the adult lacks the capacity to waive the | 890 |
right to counsel, the court shall appoint counsel to represent the | 891 |
adult's interests. | 892 |
(B) If the court finds, on the basis of clear and convincing | 893 |
evidence, that the adult has been abused, neglected, or exploited, | 894 |
is in need of protective services, and is incapacitated, and no | 895 |
person authorized by law or by court order is available to give | 896 |
consent, it shall issue an order requiring the provision of | 897 |
protective services only if they are available locally. | 898 |
(C) If the court orders placement under this section it shall | 899 |
give consideration to the choice of residence of the adult. The | 900 |
court may order placement in settings which have been approved by | 901 |
the department of job and family services as meeting at least | 902 |
minimum community standards for safety, security, and the | 903 |
requirements of daily living. The court shall not order an | 904 |
institutional placement unless it has made a specific finding | 905 |
entered in the record that no less restrictive alternative can be | 906 |
found to meet the needs of the individual. No individual may be | 907 |
committed to a hospital or public hospital as defined in section | 908 |
5122.01 of the Revised Code pursuant to this section. | 909 |
(E) A court order provided for in this section shall remain | 916 |
in effect for no longer than six months. Thereafter, the county | 917 |
department of job and family services shall review the adult's | 918 |
need for continued services and, if the department determines that | 919 |
there is a continued need, it shall apply for a renewal of the | 920 |
order for additional periods of no longer than one year each. The | 921 |
adult who is the subject of the court-ordered services may | 922 |
petition for modification of the order at any time. | 923 |
(D) The court shall hold a hearing on the petition within | 937 |
fourteen days after its filing. If the court finds that the | 938 |
protective services are necessary, that the adult has consented to | 939 |
the provisionsprovision of such services, and that the person who | 940 |
is the subject of the petition has prevented such provision, the | 941 |
court shall issue a temporary restraining order to restrain the | 942 |
person from interfering with the provision of protective services | 943 |
to the adult. | 944 |
(B) Notice of the filing and contents of the petition | 959 |
provided for in division (A) of this section, the rights of the | 960 |
person in the hearing provided for in division (C) of this | 961 |
section, and the possible consequences of a court order, shall be | 962 |
given to the adult. Notice shall also be given to the spouse of | 963 |
the adult or, if hethe adult has none, to histhe adult's adult | 964 |
children or next of kin, and histhe adult's guardian, if any, if | 965 |
histhe guardian's whereabouts are known. The notice shall be | 966 |
given in language reasonably understandable to its recipients at | 967 |
least twenty-four hours prior to the hearing provided for in this | 968 |
section. The court may waive the twenty-four hour notice | 969 |
requiementrequirement upon a showing that both of the following | 970 |
are the case: | 971 |
(C) Upon receipt of a petition for an order for emergency | 982 |
services, the court shall hold a hearing no sooner than | 983 |
twenty-four and no later than seventy-two hours after the notice | 984 |
provided for in division (B) of this section has been given, | 985 |
unless the court has waived the notice. The adult who is the | 986 |
subject of the petition shall have the right to be present at the | 987 |
hearing, present, evidence, and examine and cross-examine | 988 |
witnesses. | 989 |
(F) If the county department determines that the adult | 1017 |
continues to need protective services after the order provided for | 1018 |
in division (D) of this section has expired, the department may | 1019 |
petition the court for an order to continue protective services, | 1020 |
pursuant to section 5101.655101.68 of the Revised Code. After the | 1021 |
filing of the petition, the department may continue to provide | 1022 |
protective services pending a hearing by the court. | 1023 |
Sec. 5101.70. Sec. 5101.71. (A) If it appears that an adult in | 1079 |
need of protective services has the financial means sufficient to | 1080 |
pay for such services, the county department of job and family | 1081 |
services shall make an evaluation regarding such means. If the | 1082 |
evaluation establishes that the adult has such financial means, | 1083 |
the department shall initiate procedures for reimbursement | 1084 |
pursuant to rules promulgated by the departmentadopted under | 1085 |
section 5101.61 of the Revised Code. If the evaluation establishes | 1086 |
that the adult does not have such financial means, the services | 1087 |
shall be provided in accordance with the policies and procedures | 1088 |
established by the state department of job and family services for | 1089 |
the provision of welfare assistance. An adult shall not be | 1090 |
required to pay for court-ordered protective services unless the | 1091 |
court determines upon a showing by the county department of job | 1092 |
and family services that the adult is financially able to pay and | 1093 |
the court orders the adult to pay. | 1094 |
(C) All members of the commission shall serve as voting | 1155 |
members. The attorney general shall select from among the | 1156 |
appointed members a chairperson. The commission shall meet at the | 1157 |
call of the chairperson, but not less than four times per year. | 1158 |
Special meetings may be called by the chairperson and shall be | 1159 |
called by the chairperson at the request of the attorney general. | 1160 |
The commission may establish its own quorum requirements and | 1161 |
procedures regarding the conduct of meetings and other affairs. | 1162 |
(B) The department of developmental disabilities shall | 1206 |
establish a registry office for the purpose of maintaining reports | 1207 |
of abuse, neglect, and other major unusual incidents made to the | 1208 |
department under this section and reports received from county | 1209 |
boards of developmental disabilities under section 5126.31 of the | 1210 |
Revised Code. The department shall establish committees to review | 1211 |
reports of abuse, neglect, and other major unusual incidents. | 1212 |
(C)(1) Any person listed in division (C)(2) of this section, | 1213 |
having reason to believe that a person with mental retardation or | 1214 |
a developmental disability has suffered or faces a substantial | 1215 |
risk of suffering any wound, injury, disability, or condition of | 1216 |
such a nature as to reasonably indicate abuse or neglect of that | 1217 |
person, shall immediately report or cause reports to be made of | 1218 |
such information to the entity specified in this division. Except | 1219 |
as provided in section 5120.173 of the Revised Code or as | 1220 |
otherwise provided in this division, the person making the report | 1221 |
shall make it to a law enforcement agency or to the county board | 1222 |
of developmental disabilities. If the report concerns a resident | 1223 |
of a facility operated by the department of developmental | 1224 |
disabilities the report shall be made either to a law enforcement | 1225 |
agency or to the department. If the report concerns any act or | 1226 |
omission of an employee of a county board of developmental | 1227 |
disabilities, the report immediately shall be made to the | 1228 |
department and to the county board. | 1229 |
(a) Any physician, including a hospital intern or resident, | 1232 |
any dentist, podiatrist, chiropractor, practitioner of a limited | 1233 |
branch of medicine as specified in section 4731.15 of the Revised | 1234 |
Code, hospital administrator or employee of a hospital, nurse | 1235 |
licensed under Chapter 4723. of the Revised Code, employee of an | 1236 |
ambulatoryoutpatient health facility as defined in section | 1237 |
5101.615101.60 of the Revised Code, employee of a home health | 1238 |
agency, employee of a residential facility licensed under section | 1239 |
5119.34 of the Revised Code that provides accommodations, | 1240 |
supervision, and person care services for three to sixteen | 1241 |
unrelated adults, or employee of a community mental health | 1242 |
facility; | 1243 |
(c) A superintendent, board member, or employee of a county | 1247 |
board of developmental disabilities; an administrator, board | 1248 |
member, or employee of a residential facility licensed under | 1249 |
section 5123.19 of the Revised Code; an administrator, board | 1250 |
member, or employee of any other public or private provider of | 1251 |
services to a person with mental retardation or a developmental | 1252 |
disability, or any MR/DD employee, as defined in section 5123.50 | 1253 |
of the Revised Code; | 1254 |
(e) A member of the clergy who is employed in a position that | 1259 |
includes providing specialized services to an individual with | 1260 |
mental retardation or another developmental disability, while | 1261 |
acting in an official or professional capacity in that position, | 1262 |
or a person who is employed in a position that includes providing | 1263 |
specialized services to an individual with mental retardation or | 1264 |
another developmental disability and who, while acting in an | 1265 |
official or professional capacity, renders spiritual treatment | 1266 |
through prayer in accordance with the tenets of an organized | 1267 |
religion. | 1268 |
(b) An attorney or physician is not required to make a report | 1271 |
pursuant to division (C)(1) of this section concerning any | 1272 |
communication the attorney or physician receives from a client or | 1273 |
patient in an attorney-client or physician-patient relationship, | 1274 |
if, in accordance with division (A) or (B) of section 2317.02 of | 1275 |
the Revised Code, the attorney or physician could not testify with | 1276 |
respect to that communication in a civil or criminal proceeding, | 1277 |
except that the client or patient is deemed to have waived any | 1278 |
testimonial privilege under division (A) or (B) of section 2317.02 | 1279 |
of the Revised Code with respect to that communication and the | 1280 |
attorney or physician shall make a report pursuant to division | 1281 |
(C)(1) of this section, if both of the following apply: | 1282 |
(ii) The attorney or physician knows or suspects, as a result | 1285 |
of the communication or any observations made during that | 1286 |
communication, that the client or patient has suffered or faces a | 1287 |
substantial risk of suffering any wound, injury, disability, or | 1288 |
condition of a nature that reasonably indicates abuse or neglect | 1289 |
of the client or patient. | 1290 |
(4) Any person who fails to make a report required under | 1291 |
division (C) of this section and who is an MR/DD employee, as | 1292 |
defined in section 5123.50 of the Revised Code, shall be eligible | 1293 |
to be included in the registry regarding misappropriation, abuse, | 1294 |
neglect, or other specified misconduct by MR/DD employees | 1295 |
established under section 5123.52 of the Revised Code. | 1296 |
(F) Any person having reasonable cause to believe that a | 1315 |
person with mental retardation or a developmental disability has | 1316 |
suffered or faces a substantial risk of suffering abuse or neglect | 1317 |
may report or cause a report to be made of that belief to the | 1318 |
entity specified in this division. Except as provided in section | 1319 |
5120.173 of the Revised Code or as otherwise provided in this | 1320 |
division, the person making the report shall make it to a law | 1321 |
enforcement agency or the county board of developmental | 1322 |
disabilities. If the person is a resident of a facility operated | 1323 |
by the department of developmental disabilities, the report shall | 1324 |
be made to a law enforcement agency or to the department. If the | 1325 |
report concerns any act or omission of an employee of a county | 1326 |
board of developmental disabilities, the report immediately shall | 1327 |
be made to the department and to the county board. | 1328 |
(3) When a county board of developmental disabilities | 1341 |
receives a report under this section that includes an allegation | 1342 |
of action or inaction that may constitute a crime under federal | 1343 |
law or the law of this state, the superintendent of the board or | 1344 |
an individual the superintendent designates under division (H) of | 1345 |
this section shall notify the law enforcement agency. The | 1346 |
superintendent or individual shall notify the department of | 1347 |
developmental disabilities when it receives any report under this | 1348 |
section. | 1349 |
(4) When a county board of developmental disabilities | 1350 |
receives a report under this section and believes that the degree | 1351 |
of risk to the person is such that the report is an emergency, the | 1352 |
superintendent of the board or an employee of the board the | 1353 |
superintendent designates shall attempt a face-to-face contact | 1354 |
with the person with mental retardation or a developmental | 1355 |
disability who allegedly is the victim within one hour of the | 1356 |
board's receipt of the report. | 1357 |
(J) A law enforcement agency shall investigate each report of | 1369 |
abuse or neglect it receives under this section. In addition, the | 1370 |
department, in cooperation with law enforcement officials, shall | 1371 |
investigate each report regarding a resident of a facility | 1372 |
operated by the department to determine the circumstances | 1373 |
surrounding the injury, the cause of the injury, and the person | 1374 |
responsible. The investigation shall be in accordance with the | 1375 |
memorandum of understanding prepared under section 5126.058 of the | 1376 |
Revised Code. The department shall determine, with the registry | 1377 |
office which shall be maintained by the department, whether prior | 1378 |
reports have been made concerning an adult with mental retardation | 1379 |
or a developmental disability or other principals in the case. If | 1380 |
the department finds that the report involves action or inaction | 1381 |
that may constitute a crime under federal law or the law of this | 1382 |
state, it shall submit a report of its investigation, in writing, | 1383 |
to the law enforcement agency. If the person with mental | 1384 |
retardation or a developmental disability is an adult, with the | 1385 |
consent of the adult, the department shall provide such protective | 1386 |
services as are necessary to protect the adult. The law | 1387 |
enforcement agency shall make a written report of its findings to | 1388 |
the department. | 1389 |
(K) Any person or any hospital, institution, school, health | 1396 |
department, or agency participating in the making of reports | 1397 |
pursuant to this section, any person participating as a witness in | 1398 |
an administrative or judicial proceeding resulting from the | 1399 |
reports, or any person or governmental entity that discharges | 1400 |
responsibilities under sections 5126.31 to 5126.33 of the Revised | 1401 |
Code shall be immune from any civil or criminal liability that | 1402 |
might otherwise be incurred or imposed as a result of such actions | 1403 |
except liability for perjury, unless the person or governmental | 1404 |
entity has acted in bad faith or with malicious purpose. | 1405 |
(L) No employer or any person with the authority to do so | 1406 |
shall discharge, demote, transfer, prepare a negative work | 1407 |
performance evaluation, reduce pay or benefits, terminate work | 1408 |
privileges, or take any other action detrimental to an employee or | 1409 |
retaliate against an employee as a result of the employee's having | 1410 |
made a report under this section. This division does not preclude | 1411 |
an employer or person with authority from taking action with | 1412 |
regard to an employee who has made a report under this section if | 1413 |
there is another reasonable basis for the action. | 1414 |
Sec. 5126.31. (A) A county board of developmental | 1428 |
disabilities shall review reports of abuse and neglect made under | 1429 |
section 5123.61 of the Revised Code and reports referred to it | 1430 |
under section 5101.6115101.64 of the Revised Code to determine | 1431 |
whether the person who is the subject of the report is an adult | 1432 |
with mental retardation or a developmental disability in need of | 1433 |
services to deal with the abuse or neglect. The board shall give | 1434 |
notice of each report to the registry office of the department of | 1435 |
developmental disabilities established pursuant to section 5123.61 | 1436 |
of the Revised Code on the first working day after receipt of the | 1437 |
report. If the report alleges that there is a substantial risk to | 1438 |
the adult of immediate physical harm or death, the board shall | 1439 |
initiate review within twenty-four hours of its receipt of the | 1440 |
report. If the board determines that the person is sixty years of | 1441 |
age or older but does not have mental retardation or a | 1442 |
developmental disability, it shall refer the case to the county | 1443 |
department of job and family services. If the board determines | 1444 |
that the person is an adult with mental retardation or a | 1445 |
developmental disability, it shall continue its review of the | 1446 |
case. | 1447 |
(6) Determine whether the adult needs services, and prepare a | 1467 |
written report stating reasons for the determination. No adult | 1468 |
shall be determined to be abused, neglected, or in need of | 1469 |
services for the sole reason that, in lieu of medical treatment, | 1470 |
the adult relies on or is being furnished spiritual treatment | 1471 |
through prayer alone in accordance with the tenets and practices | 1472 |
of a church or religious denomination of which the adult is a | 1473 |
member or adherent. | 1474 |
(C) The board shall arrange for the provision of services for | 1475 |
the prevention, correction or discontinuance of abuse or neglect | 1476 |
or of a condition resulting from abuse or neglect for any adult | 1477 |
who has been determined to need the services and consents to | 1478 |
receive them. These services may include, but are not limited to, | 1479 |
service and support administration, fiscal management, medical, | 1480 |
mental health, home health care, homemaker, legal, and residential | 1481 |
services and the provision of temporary accommodations and | 1482 |
necessities such as food and clothing. The services do not include | 1483 |
acting as a guardian, trustee, or protector as defined in section | 1484 |
5123.55 of the Revised Code. If the provision of residential | 1485 |
services would require expenditures by the department of | 1486 |
developmental disabilities, the board shall obtain the approval of | 1487 |
the department prior to arranging the residential services. | 1488 |
(2) In accordance with rules established by the director of | 1493 |
developmental disabilities, obtain the consent of the adult or the | 1494 |
adult's guardian to the provision of any of these services and | 1495 |
obtain the signature of the adult or guardian on the individual | 1496 |
service plan. An adult who has been found incompetent under | 1497 |
Chapter 2111. of the Revised Code may consent to services. If the | 1498 |
board is unable to obtain consent, it may seek, if the adult is | 1499 |
incapacitated, a court order pursuant to section 5126.33 of the | 1500 |
Revised Code authorizing the board to arrange these services. | 1501 |
(E) On completion of a review, the board shall submit a | 1505 |
written report to the registry office established under section | 1506 |
5123.61 of the Revised Code. If the report includes a finding that | 1507 |
a person with mental retardation or a developmental disability is | 1508 |
a victim of action or inaction that may constitute a crime under | 1509 |
federal law or the law of this state, the board shall submit the | 1510 |
report to the law enforcement agency responsible for investigating | 1511 |
the report. Reports prepared under this section are not public | 1512 |
records as defined in section 149.43 of the Revised Code. | 1513 |
Section 2. That existing sections 173.501, 173.521, 173.542, | 1514 |
2317.54, 4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, | 1515 |
5101.64, 5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, | 1516 |
5101.99, 5123.61, and 5126.31 of the Revised Code are hereby | 1517 |
repealed. | 1518 |