5123.211 Services for former residents of closed state institutions. - Ohio Statutes

5123.211 Services for former residents of closed state institutions.

(A) As used in this section, “residential services” has the same meaning as in section 5126.01 of the Revised Code.

(B) The department of developmental disabilities shall provide or arrange provision of residential services for each person who, on or after July 1, 1989, ceases to be a resident of a state institution because of closure of the institution or a reduction in the institution’s population by forty per cent or more within a period of one year. The services shall be provided in the county in which the person chooses to reside and shall consist of one of the following as determined appropriate by the department in consultation with the county board of developmental disabilities of the county in which the services are to be provided:

(1) Residential services provided pursuant to section 5123.18 of the Revised Code;

(2) Residential services for which reimbursement is made under the medical assistance program established under section 5111.01 of the Revised Code;

(3) Residential services provided in a manner or setting approved by the director of developmental disabilities.

(C) Not less than six months prior to closing a state institution or reducing a state institution’s population by forty per cent or more within a period of one year, the department shall identify those counties in which individuals leaving the institution have chosen to reside and notify the county boards of developmental disabilities in those counties of the need to develop the services specified in division (B) of this section. The notice shall specify the number of individuals requiring services who plan to reside in the county and indicate the amount of funds the department will use to provide or arrange services for those individuals.

(D) In each county in which one or more persons receive residential services pursuant to division (B) of this section, the department shall provide or arrange provision of residential services, or shall distribute moneys to the county board of developmental disabilities to provide or arrange provision of residential services, for an equal number of persons with mental retardation or developmental disabilities in that county who the county board has determined need residential services but are not receiving them.

Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.

Effective Date: 07-26-1991; 2007 HB119 06-30-2007