As Introduced
136th General Assembly
Regular Session S. B. No. 138
2025-2026
Senator Johnson
To amend sections 340.011, 340.03, 340.032,
340.036, 340.041, 340.05, 340.08, 5119.22 ,
5119.221, 5119.25, and 5119.99 and to enact
section 340.038 of the Revised Code to modify
various laws regarding boards of alcohol, drug
addiction, and mental health services and to
impose penalties for not registering recovery
housing residences.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 340.011, 340.03, 340.032,
340.036, 340.041, 340.05, 340.08, 5119.22 , 5119.221, 5119.25,
and 5119.99 be amended and section 340.038 of the Revised Code
be enacted to read as follows:
Sec. 340.011. (A) This chapter shall be interpreted to
accomplish all of the following:
(1) Establish a unified system of treatment and supports
for persons with mental illnesses and persons with addictions;
(2) Establish a community prevention, treatment, and
support system that is available for use in every alcohol, drug
addiction, and mental health service district;
(3) Protect the personal liberty of persons with mental
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illnesses and persons with addictions so that they may be
treated in the least restrictive environment;
(4) Encourage the development of high qualityhigh-quality,
cost effectivecost-effective, and comprehensive services,
including culturally sensitive services;
(5) Foster the development of comprehensive community
addiction and mental health services and supports, based on
recognized local needs, especially for persons with severe
addictions and severe mental disabilitiesillnesses;
(6) Ensure that services provided meet minimum standards
established by the director of mental health and addiction
services;
(7) Promote the delivery of high quality high-quality and
cost-effective addiction and mental health services;
(8) Promote the participation of persons receiving mental
health services and addiction services in the planning,
delivery, and evaluation of these services.
(B) Nothing in Chapter 340., 5119., or 5122. of the
Revised Code shall be construed as requiring a board of county
commissioners to provide resources beyond the total amount set
forth in a budget and list of addiction services, mental health
services, and recovery supports required by section 340.08 of
the Revised Code and approved by the department of mental health
and addiction services under section 5119.22 of the Revised
Code.
Sec. 340.03. (A) Subject to rules issued by the director
of mental health and addiction services after consultation with
relevant constituencies as required by division (A)(10) of
section 5119.21 of the Revised Code, each board of alcohol, drug
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addiction, and mental health services shall:
(1) Serve as the community addiction and mental health
planning agency for the county or counties under its
jurisdiction, and in so doing it shall:
(a) Evaluate the need for facility services, addiction
services, mental health services, and recovery supports;
(b) In cooperation with other local and regional planning
and funding bodies and with relevant ethnic organizations,
evaluate strengths and challenges and set priorities for
addiction services, mental health services, and recovery
supports. A With respect to setting priorities, all of the
following apply:
(i) A board shall include treatment and prevention
services when setting priorities for addiction services and
mental health services. When
(ii) When a board sets priorities for addiction services,
the board shall consult with the county commissioners of the
counties in the board's service district regarding the services
described in section 340.15 of the Revised Code and shall give
priority to those services, except that those services shall not
have a priority over services provided to pregnant women under
programs developed in relation to the mandate established in
section 5119.17 of the Revised Code.
(iii) As part of setting priorities through its community
addiction and mental health plan, a board may consider any local
mechanisms that have been established for determining
eligibility for services and supports.
(c) In accordance with guidelines issued by the director
of mental health and addiction services under division (F)(G) of
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section 5119.22 of the Revised Code, annually develop and submit
to the department of mental health and addiction services a
community addiction and mental health plan that addresses both
of the following:
(i) The needs of all residents of the service district
currently receiving inpatient services in state-operated
hospitals, the needs of other populations as required by state
or federal law or programs, and the needs of all children
subject to a determination made pursuant to section 121.38 of
the Revised Code;
(ii) The department's priorities for facility services,
addiction services, mental health services, and recovery
supports during the period for which the plan will be in effect.
The department shall inform all of the boards of the
department's priorities in a timely manner that enables the
boards to know the department's priorities before the boards
develop and submit the plans.
In alcohol, drug addiction, and mental health service
districts that have separate alcohol and drug addiction services
and community mental health boards, the alcohol and drug
addiction services board shall submit a community addiction plan
and the community mental health board shall submit a community
mental health plan. Each board shall consult with its
counterpart in developing its plan and address the interaction
between the local addiction and mental health systems and
populations with regard to needs and priorities in developing
its plan.
The department director shall approve or disapprove the
plan, in whole or in part, in accordance with division (G)(H) of
section 5119.22 of the Revised Code. Eligibility for state and
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federal funding shall be contingent upon an approved plan or
relevant part of a plan.
If a board determines that it is necessary to amend an
approved plan, the board shall submit a proposed amendment to
the director. The director shall approve or disapprove all or
part of the amendment in accordance with division (H)(I) of
section 5119.22 of the Revised Code.
The board shall operate in accordance with the plan
approved by the departmentdirector.
(d) Promote, arrange, and implement working agreements
with social service agencies, both public and private, and with
judicial agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
addiction services, mental health services, or recovery supports
from a community addiction services provider or community mental
health services provider or alleging abuse or neglect of a
resident receiving addiction services or with mental illness or
severe mental disability residing in a residential facility
licensed under section 5119.34 of the Revised Code. If the
person is a resident of a service district other than the
district represented by the board that received the complaint,
the board that received the complaint shall refer the complaint
to the board of the district where the residential facility is
located for that board to investigate the complaint.
If a board's investigation substantiates the charge of
abuse or neglect, the board shall take whatever action it
determines is necessary to correct the situation, including
notification of the appropriate authorities. Upon request, the
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board shall provide information about such investigations to the
department.
(3) For the purpose of section 5119.36 of the Revised
Code, cooperate with the director of mental health and addiction
services in visiting and evaluating whether the certifiable
services and supports of a community addiction services provider
or community mental health services provider satisfy the
certification standards established by rules adopted under that
section. In addition, a board may provide input and
recommendations to the department when an application for
certification or the renewal of a certification has been
submitted by a provider or when a provider is being investigated
by the department, if the board, in either of those
circumstances, is aware of information that would be beneficial
to the department's consideration of the matter.
(4) In accordance with criteria established under division
(D) (D)(1) of section 5119.22 of the Revised Code, conduct
program audits that review and evaluate the quality,
effectiveness, and efficiency of addiction services, mental
health services, and recovery supports provided by community
addiction services providers and community mental health
services providers under contract with the board and submit the
board's findings and recommendations to the department of mental
health and addiction services;
(5) In accordance with section 5119.34 of the Revised
Code, review an application for a residential facility license
and provide to the department of mental health and addiction
services any information about the applicant or facility that
the board would like the department to consider in reviewing the
application;
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(6) Audit, in In accordance with guidelines issued under
division (E) of section 5119.22 of the Revised Code and any
related rules adopted by the auditor of state pursuant to
section 117.20 of the Revised Code, at least annually all
programs, addiction services, mental health services, and
recovery supports provided under contract with the board. In so
doing, the board may contract for or employ the services of
private auditors. A copy of the fiscal audit report shall be
provided to the director of mental health and addiction
services, the auditor of state, and the county auditor of each
county in the board's district. under that section, review any
annual financial audit reports that have been submitted to the
board regarding each community addiction services provider and
community mental health services provider with which the board
has contracted under section 340.036 of the Revised Code to
provide services and supports certified under section 5119.36 of
the Revised Code;
(7) Recruit and promote local financial support for
addiction services, mental health services, and recovery
supports from private and public sources;
(8) In accordance with guidelines issued by the department
as necessary to comply with state and federal laws pertaining to
financial assistance, approve fee schedules and related charges
or adopt a unit cost schedule or other methods of payment for
addiction services, mental health services, and recovery
supports provided by community addiction services providers and
community mental health services providers that have contracted
with the board under section 340.036 of the Revised Code;
(9) Submit to the director and the county commissioners of
the county or counties served by the board, and make available
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to the public, an annual report of the addiction services,
mental health services, and recovery supports under the
jurisdiction of the board, including a fiscal accounting;
(10) Establish a method for evaluating referrals for
court-ordered treatment and affidavits filed pursuant to section
5122.11 of the Revised Code in order to assist the probate
division of the court of common pleas in determining whether
there is probable cause that a respondent is subject to court-
ordered treatment and whether alternatives to hospitalization
are available and appropriate;
(11) Designate the treatment services, provider, facility,
or other placement for each person involuntarily committed to
the board pursuant to Chapter 5122. of the Revised Code. The
board shall provide the least restrictive and most appropriate
alternative that is available for any person involuntarily
committed to it and shall assure that the list of addiction
services, mental health services, and recovery supports
submitted and approved in accordance with division (B) of
section 340.08 of the Revised Code are available to persons with
severe mental disabilities residing within its service district.
The board shall establish the procedure for authorizing payment
for the services and supports, which may include prior
authorization in appropriate circumstances. In accordance with
section 340.037 of the Revised Code, the board may provide
addiction services and mental health services directly to a
person with a severe mental disability when life or safety is
endangered and when no community addiction services provider or
community mental health services provider is available to
provide the service.
(12) Ensure that housing built, subsidized, renovated,
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rented, owned, or leased by the board or a community addiction
services provider or community mental health services provider
has been approved as meeting minimum fire safety standards and
that persons residing in the housing have access to appropriate
and necessary services, including culturally relevant services,
from a community addiction services provider or community mental
health services provider. This division does not apply to
residential facilities licensed pursuant to section 5119.34 of
the Revised Code.
(13) Establish a mechanism for obtaining advice and
involvement of persons receiving addiction services, mental
health services, or recovery supports on matters pertaining to
services and supports in the alcohol, drug addiction, and mental
health service district;
(14) Perform the duties required by rules adopted under
section 5119.22 of the Revised Code regarding referrals by the
board or community mental health services providers under
contract with the board of individuals with mental illness or
severe mental disability to class two residential facilities
licensed under section 5119.34 of the Revised Code and effective
arrangements for ongoing mental health services for the
individuals. The board is accountable in the manner specified in
the rules for ensuring that the ongoing mental health services
are effectively arranged for the individuals.
(15) Perform the duties required by section 9.21 of the
Revised Code regarding credit card accounts, including the
requirement to adopt a written policy before first holding a
credit card account.
(B) Each board of alcohol, drug addiction, and mental
health services shall establish such rules, operating
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procedures, standards, and bylaws, and shall perform such other
duties, as may be necessary or proper to carry out the purposes
of this chapter.
(C) A board of alcohol, drug addiction, and mental health
services may receive by gift, grant, devise, or bequest any
moneys, lands, or property for the benefit of the purposes for
which the board is established, and may hold and apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest
shall be deposited in the treasury of the county, the treasurer
of which is custodian of the alcohol, drug addiction, and mental
health services funds , to the credit of the board and. The money
shall be made available for use by the board for purposes stated
by the donor or grantor.
(D) No member or employee of a board of alcohol, drug
addiction, and mental health services shall be liable for injury
or damages caused by any action or inaction taken within the
scope of the member's official duties or the employee's
employment, whether or not such action or inaction is expressly
authorized by this section or any other section of the Revised
Code, unless such action or inaction constitutes willful or
wanton misconduct. Chapter 2744. of the Revised Code applies to
any action or inaction by a member or employee of a board taken
within the scope of the member's official duties or employee's
employment. For the purposes of this division, the conduct of a
member or employee shall not be considered willful or wanton
misconduct if the member or employee acted in good faith and in
a manner that the member or employee reasonably believed was in
or was not opposed to the best interests of the board and, with
respect to any criminal action or proceeding, had no reasonable
cause to believe the conduct was unlawful.
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(E) The meetings held by any committee established by a
board of alcohol, drug addiction, and mental health services
shall be considered to be meetings of a public body subject to
section 121.22 of the Revised Code.
(F)(1) A board of alcohol, drug addiction, and mental
health services may establish a rule, operating procedure,
standard, or bylaw to allow the executive director of the board
to execute both of the following types of contracts valued at
twenty-five thousand dollars or less, as determined by the
board, on behalf of the board without the board's prior
approval:
(a) Emergency contracts for clinical services or recovery
support services;
(b) Standard service contracts pertaining to the board's
operations.
(2) If a board establishes a rule, operating procedure,
standard, or bylaw under division (F)(1) of this section, both
of the following shall be the case:
(a) The board shall define the scope of contracts
described in divisions (F)(1)(a) and (b) of this section in that
rule, operating procedure, standard, or bylaw.
(b) The board shall disclose the existence of a contract
executed pursuant to the rule, operating procedure, standard, or
bylaw at the first board meeting that occurs after the contract
was executed and ensure that a record of that disclosure is
included in the written minutes of that meeting.
Sec. 340.032. Subject to rules adopted by the director of
mental health and addiction services after consultation with
relevant constituencies as required by division (A)(10) of
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section 5119.21 of the Revised Code, each board of alcohol, drug
addiction, and mental health services shall do all of the
following:
(A) Establish, to the extent resources are available, a
community-based continuum of care that includes all of the
following as essential elements:
(1) Prevention and wellness management services;
(2) At least both of the following outreach and engagement
activities:
(a) Locating persons in need of addiction services and
persons in need of mental health services to inform them of
available addiction services, mental health services, and
recovery supports;
(b) Helping persons who receive addiction services and
persons who receive mental health services obtain services
necessary to meet basic human needs for food, clothing, shelter,
medical care, personal safety, and income.
(3) Assessment services;
(4) Care coordination;
(5) Residential services;
(6) At least the following outpatient services:
(a) Nonintensive;
(b) Intensive, such as partial hospitalization and
assertive community treatment;
(c) Withdrawal management;
(d) Emergency and crisis.
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(7) Where appropriate, at least the following inpatient
services:
(a) Psychiatric care;
(b) Medically managed alcohol or drug treatment.
(8) At least all of the following recovery supports:
(a) Peer support;
(b) A wide range of housing and support services,
including recovery housing residences;
(c) Employment, vocational, and educational opportunities;
(d) Assistance with social, personal, and living skills;
(e) Multiple paths to recovery such as twelve-step
approaches and parent advocacy connection;
(f) Support, assistance, consultation, and education for
families, friends, and persons receiving addiction services,
mental health services, and recovery supports.
(9) In accordance with section 340.033 of the Revised
Code, an array of addiction services and recovery supports for
all levels of opioid and co-occurring drug addiction;
(10) Any additional elements the department of mental
health and addiction services, pursuant to section 5119.21 of
the Revised Code, determines are necessary to establish the
community-based continuum of care.
(B) Ensure that the rights of persons receiving any
elements of the community-based continuum of care are protected;
(C) Ensure that persons receiving any elements of the
community-based continuum of care are able to utilize grievance
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procedures applicable to the elements ;
(D) Inform persons seeking or receiving addiction
services, mental health services, or recovery supports and
family members and caregivers of such persons, as well as the
community in general, about available elements of the community-
based continuum of care and facilitate the referral of persons
to appropriate services and supports .
Sec. 340.036. (A) Subject to division (B) of this section
and rules adopted by the director of mental health and addiction
services after consultation with relevant constituencies as
required by division (A)(10) of section 5119.21 of the Revised
Code, each board of alcohol, drug addiction, and mental health
services shall enter provide for the continuum of care pursuant
to section 340.032 of the Revised Code by entering into
contracts with all of the following:
(1) Public and private facilities for the operation of
facility services;
(2) Community addiction services providers for addiction
services and recovery supports;
(3) Community mental health services providers for mental
health services and recovery supports.
(B) No board shall do any of the following:
(1) Contract with a residential facility required to be
licensed under section 5119.34 of the Revised Code unless the
facility is so licensed;
(2) Contract with a community addiction services provider
or community mental health services provider for certifiable
services and supports unless the certifiable services and
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supports are certified under section 5119.36 of the Revised
Code;
(3) Contract with a community addiction services provider
or community mental health services provider for recovery
supports that are required by the director to meet quality
criteria or core competencies unless the recovery supports meet
the criteria or competencies.
(C) When a board contracts with a community addiction
services provider or community mental health services provider
for addiction services, mental health services, or recovery
supports, all of the following apply:
(1) The board shall consider both of the following:
(a) The cost effectiveness and quality of the provider's
services and supports;
(b) Continuity of care.
(2) The board may review cost elements , including salary
costs, of the specific to the provider's services and supports
under contract with the board .
(3) The board may establish, in a way that is most
effective and efficient in meeting local needs, a utilization
review process as part of the contract.
(4) The board may contract with a government entity, for-
profit entity, or nonprofit entity. Any such entity may be
faith-based.
(5) The contract shall include terms that specify a
process by which either contracting party may terminate the
contract before it is scheduled to expire, with at least thirty
days' notice, for any cause the party considers necessary for
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the early termination of the contract. The process shall include
procedures under which the party subject to the early
termination decision may appeal that decision to the terminating
party's governing board.
(6) The contract shall provide for the transition of care,
when applicable to client services, for an additional sixty days
under the terms of the current contract, in both of the
following circumstances:
(a) If notice is provided that the contract will be
terminated early as permitted under the terms of the contract
pursuant to division (C)(5) of this section;
(b) If the contract is not entered into for a subsequent
term pursuant to division (D) of this section.
(D) If a party to a contract entered into under this
section proposes not to renew the contract or proposes
substantial changes in contract terms intends not to enter into a
contract for a subsequent term , the other party shall be given
written notice at least one hundred twenty sixty days before the
expiration date of the current contract. During the first sixty
days of this one-hundred-twenty-day period, both parties shall
attempt to resolve any dispute through good faith collaboration
and negotiation in order to continue to provide services and
supports to persons in need. If the dispute has not been
resolved sixty days before the expiration date of the contract,
either party may notify the director of the unresolved dispute.
The director may require both parties to submit the dispute to
another entity with the cost to be shared by the parties. Not
later than twenty days before the expiration date of the
contract or a later date to which both parties agree, the other
entity shall issue to the parties and director recommendations
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on how the dispute may be resolved. The director shall adopt
rules establishing the procedures of this dispute resolution
processIf neither party provides such notice, a subsequent
contract shall be entered into upon successful negotiation of
contract terms.
(E) Section 307.86 of the Revised Code does not apply to
contracts entered into under this section ., but a board of
alcohol, drug addiction, and mental health services may choose
to use a competitive selection process to enter into contracts
for services and supports. The board's selection determinations
shall allow for compliance with the notice requirements of
divisions (C)(5) and (D) of this section. Any competitive
selection process used under this section shall prohibit
conflicts of interest and shall include the following elements:
(1) Notice of opportunity for submission of applications
for contracts;
(2) Eligibility criteria for applicants;
(3) Consideration of the scope of services and supports
proposed by applicants;
(4) Selection criteria;
(5) Timelines for application submission and the award of
contracts.
Sec. 340.038. The department of mental health and
addiction services, in collaboration with boards of alcohol,
drug addiction, and mental health services and other
stakeholders, shall develop a data sharing and integration plan.
The plan shall specify data sharing and integration procedures
that the department and the boards shall use to improve the
management and administration of programs offering addiction or
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mental health services and to ensure that the essential elements
of a board's continuum of care are available, as appropriate, to
persons seeking or receiving addiction or mental health
services.
Sec. 340.041. In addition to such other duties as may be
lawfully imposed, the executive director of a board of alcohol,
drug addiction, and mental health services shall:
(A) Serve as executive officer of the board and, subject
to the prior approval of the board for each contract, except
contracts, if any, to which division (F) of section 340.03 of
the Revised Code applies, execute contracts on its behalf;
(B) Supervise addiction services, mental health services,
recovery supports, and facilities provided, operated,
contracted, or supported by the board to the extent of
determining that services, supports, and facilities are being
administered in conformity with this chapter and rules of the
director of mental health and addiction services;
(C) Provide consultation to community addiction services
providers and community mental health services providers;
(D) Recommend to the board the changes necessary to
increase the effectiveness of addiction services, mental health
services, and recovery supports and other matters necessary or
desirable to carry out this chapter;
(E) Employ and remove from office such employees and
consultants in the classified civil service and, subject to the
approval of the board, employ and remove from office such other
employees and consultants as may be necessary for the work of
the board, and fix their compensation and reimbursement within
the limits set by the salary schedule and the budget approved by
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the board;
(F) Encourage the development and expansion of preventive,
treatment, and consultative services, as well as recovery
supports, in the fields of addiction services and mental health
services with emphasis on continuity of care;
(G) Prepare for board approval an annual report of the
addiction services, mental health services, recovery supports,
and facilities under the jurisdiction of the board, including a
fiscal accounting of all services and supports;
(H) Conduct such studies and activities as may be
necessary and practicable for the promotion of mental health,
the promotion of addiction services, and the prevention of
mental illness, emotional disorders, and addiction , including
developing and disseminating informational materials to educate
the public about mental illness and addiction treatment and
prevention and the availability of services and supports ;
(I) Authorize the county auditor, or in a joint-county
district the county auditor designated as the auditor for the
district, to issue warrants for the payment of board obligations
approved by the board, provided that all payments from funds
distributed to the board by the department of mental health and
addiction services are in accordance with the budget submitted
pursuant to section 340.08 of the Revised Code, as approved by
the department of mental health and addiction services.
Sec. 340.05. If a community addiction services provider or
community mental health services provider receives a complaint
alleging abuse or neglect of an individual with mental illness
or severe mental disability, or an individual receiving
addiction services, who resides in a residential facility
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licensed under section 5119.34 of the Revised Code, the provider
shall report the complaint to the board of alcohol, drug
addiction, and mental health services serving the alcohol, drug
addiction, and mental health service district in which the
residential facility is located. A board of alcohol, drug
addiction, and mental health services that receives such a
report from a community addiction services provider or community
mental health services provider of such a complaint alleging
abuse or neglect of an individual with mental illness or severe
mental disability or an individual receiving addiction services
shall report the complaint to the director of mental health and
addiction services for the purpose of the director conducting an
investigation under section 5119.34 of the Revised Code. The
board may enter the facility with or without the director and,
if the health and safety of a resident is in immediate danger,
take any necessary action to protect the resident. The board's
action shall not violate any resident's rights specified in
rules adopted by the department of mental health and addiction
services under section 5119.34 of the Revised Code. The board
shall immediately promptly report to the director regarding the
board's actions under this section.
Sec. 340.08. In accordance with rules or guidelines issued
by the director of mental health and addiction services, each
board of alcohol, drug addiction, and mental health services
shall do all of the following:
(A) Submit to the department of mental health and
addiction services a proposed budget of receipts and
expenditures for all federal, state, and local moneys the board
expects to receive.
(1) The proposed budget shall identify funds the board has
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available for included opioid and co-occurring drug addiction
services and recovery supports.
(2) The proposed budget shall identify funds the board and
public children services agencies in the board's service
district have available to fund jointly the services described
in section 340.15 of the Revised Code.
(3) The board's proposed budget for expenditures of state
and federal funds distributed to the board by the department
shall be deemed an application for funds, and the department
director shall approve or disapprove the budget for these
expenditures in whole or in part in accordance with division (G)
(H) of section 5119.22 of the Revised Code.
If a board determines that it is necessary to amend an
approved budget, the board shall submit a proposed amendment to
the director. The director shall approve or disapprove all or
part of the amendment in accordance with division (H)(I) of
section 5119.22 of the Revised Code.
(B) Submit to the department a proposed list of addiction
services, mental health services, and recovery supports the
board intends to make available. The board shall include the
services and supports required by section 340.032 of the Revised
Code to be included in the community-based continuum of care and
the services required by section 340.15 of the Revised Code. The
board shall explain the manner in which the board intends to
make such services and supports available. The list shall be
compatible with the budget submitted pursuant to division (A) of
this section. The department director shall approve or
disapprove the list in whole or in part in accordance with
division (G)(H) of section 5119.22 of the Revised Code.
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If a board determines that it is necessary to amend an
approved list, the board shall submit a proposed amendment to
the director. The director shall approve or disapprove all or
part of the amendment in accordance with division (H)(I) of
section 5119.22 of the Revised Code.
(C) Enter into a continuity of care agreement with the
state institution operated by the department of mental health
and addiction services and designated as the institution serving
the district encompassing the board's service district. The
continuity of care agreement shall outline the department's and
the board's responsibilities to plan for and coordinate with
each other to address the needs of board residents who are
patients in the institution, with an emphasis on managing
appropriate hospital bed day use and discharge planning. The
continuity of care agreement shall not require the board to
provide addiction services, mental health services, or recovery
supports other than those on the list of services and supports
submitted by the board pursuant to division (B) of this section
and approved by the department director in accordance with
division (G)(H) of section 5119.22 of the Revised Code.
(D) In conjunction with the department, operate a
coordinated system for tracking and monitoring persons found not
guilty by reason of insanity and committed pursuant to section
2945.40 of the Revised Code who have been granted a conditional
release and persons found incompetent to stand trial and
committed pursuant to section 2945.39 of the Revised Code who
have been granted a conditional release. The system shall do all
of the following:
(1) Centralize responsibility for the tracking of those
persons;
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(2) Provide for uniformity in monitoring those persons;
(3) Provide a mechanism to allow prompt rehospitalization,
reinstitutionalization, or detention when a violation of the
conditional release or decompensation occurs.
(E) Submit To ensure the safety of persons seeking or
receiving addiction services, mental health services, or
recovery supports, submit to the department a report summarizing
all of the following:
(1) Complaints and grievances received by the board
concerning the rights of persons seeking or receiving addiction
services, mental health services, or recovery supports;
(2) Investigations of the complaints and grievances;
(3) Outcomes of the investigations.
(F) Provide to the department information to be submitted
to the community behavioral health information system or systems
established by the department under Chapter 5119. of the Revised
Code.
(G) Annually, and upon any change in membership, submit to
the department a list of all current members of the board of
alcohol, drug addiction, and mental health services, including
the appointing authority for each member, and the member's
specific qualification for appointment pursuant to section
340.02 or 340.021 of the Revised Code, if applicable.
(H) Submit to the department other information as is
reasonably required for purposes of the department's operations,
service evaluation, reporting activities, research, system
administration, and oversight.
(I) Annually update and publish on the board's web site a
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659 S. B. No. 138 Page 24
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list of all opioid treatment programs licensed under section
5119.37 of the Revised Code that are operating within the
board's district, based on information obtained from any of the
following:
(1) The federal substance abuse and mental health services
administration's opioid treatment program directory;
(2) A resource directory created by the department of
mental health and addiction services;
(3) The list maintained by the department of mental health
and addiction services pursuant to division (P) of section
5119.37 of the Revised Code.
Sec. 5119.22. The director of mental health and addiction
services, with respect to all mental health and addiction
facilities, addiction services, mental health services, and
recovery supports established and operated or provided under
Chapter 340. of the Revised Code, shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the Revised
Code that may be necessary to carry out the purposes of this
chapter and Chapters 340. and 5122. of the Revised Code .;
(B) Review and evaluate the community-based continuum of
care required by section 340.032 of the Revised Code to be
established in each service district, taking into account the
findings and recommendations of the board of alcohol, drug
addiction, and mental health services of the district submitted
under division (A)(4) of section 340.03 of the Revised Code and
the priorities and plans of the department of mental health and
addiction services, including the needs of residents of the
district currently receiving services in state-operated
hospitals, and make recommendations for needed improvements to
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boards of alcohol, drug addiction, and mental health services;
(C) At the director's discretion, provide to boards of
alcohol, drug addiction, and mental health services state or
federal funds, in addition to those allocated under section
5119.23 of the Revised Code, for special programs or projects
the director considers necessary but for which local funds are
not available;
(D)(D)(1) Establish criteria to be taken into account by
which each board of alcohol, drug addiction, and mental health
services reviews and evaluates when it conducts program audits
under section 340.03 of the Revised Code to review and evaluate
the quality, effectiveness, and efficiency of the facility
services, addiction services, mental health services, and
recovery supports for which it contracts under section 340.036
of the Revised Code. The criteria shall include requirements
ensuring appropriate utilization of the services and supports.
The department shall assess each board's evaluation of the
services and supports and the compliance of each board with this
section, Chapter 340. of the Revised Code, and other state or
federal law and regulations. The
(2) The department, in cooperation with the board,
periodically shall review and evaluate the quality,
effectiveness, and efficiency of both of the following:
(a) The facility services, addiction services, mental
health services, and recovery supports for which each board
contracts under section 340.036 of the Revised Code and the ;
(b) The facilities, addiction services, and mental health
services that each board operates or provides under section
340.037 of the Revised Code. The
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717 S. B. No. 138 Page 26
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The department shall collect information that is necessary
to perform these functionsits review and evaluation .
(E) Issue guidelines to be followed by each board of
alcohol, drug addiction, and mental health services when it
reviews under division (A)(6) of section 340.03 of the Revised
Code any annual financial audit reports submitted to the board
by community addiction services providers and community mental
health services providers;
(F) To the extent the director determines necessary and
after consulting with boards of alcohol, drug addiction, and
mental health services, community addiction services providers,
and community mental health services providers, develop and
operate, or contract for the operation of, a community
behavioral health information system or systems. The department
shall specify the information that must be provided by the
boards and providers for inclusion in the system or systems.
Boards of alcohol, drug addiction, and mental health
services, community addiction services providers, and community
mental health services providers shall submit information
requested by the department in the form and manner and in
accordance with time frames prescribed by the department.
Information collected by the department may include all of the
following:
(1) Information on addiction services, mental health
services, and recovery supports provided;
(2) Financial information regarding expenditures of
federal, state, or local funds;
(3) Information about persons served.
The department shall not collect any personal information
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746 S. B. No. 138 Page 27
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from the boards or providers except as required or permitted by
state or federal law for purposes related to payment, health
care operations, program and service evaluation, reporting
activities, research, system administration, and oversight.
(F)(G) In consultation with representatives of boards of
alcohol, drug addiction, and mental health services and after
consideration of recommendations made by the medical director
appointed under section 5119.11 of the Revised Code, establish
all of the following:
(1) Guidelines, including a timetable, for the boards'
development and submission of proposed community addiction and
mental health plans, budgets, and lists of addiction services,
mental health services, and recovery supports under sections
340.03 and 340.08 of the Revised Code;
(2) Procedures, including a timetable, for the director's
review and approval or disapproval of the plans, budgets, and
lists;
(3) Procedures for corrective action regarding the plans,
budgets, and lists, including submission of revised or new
plans, budgets, and lists;
(4) Procedures for the director to follow in offering
technical assistance to boards to assist them in making the
plans, budgets, and lists acceptable or in making proposed
amendments to approved plans, budgets, and lists meet criteria
for approval;
(5) Procedures for issuing time-limited waivers under
section 5119.221 of the Revised Code.
(G)(H) Review each board's proposed community addiction
and mental health plan, budget, and list of addiction services,
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775 S. B. No. 138 Page 28
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mental health services, and recovery supports submitted pursuant
to sections 340.03 and 340.08 of the Revised Code and approve or
disapprove the plan, the budget, and the list in whole or in
part. The director shall disapprove a board's proposed budget in
whole or in part if the proposed budget would not make available
in the board's service district the essential elements of the
community-based continuum of care required by section 340.032 of
the Revised Code, including, except as otherwise authorized by a
time-limited waiver issued under section 5119.221 of the Revised
Code, an array of addiction services and recovery supports for
all levels of opioid and co-occurring drug addiction.
Prior to a final decision to disapprove a plan, budget, or
list in whole or in part, a representative of the director shall
meet with the board and discuss the reason for the action the
director proposes to take and any corrective action that should
be taken to make the plan, budget, or list acceptable to the
director. In addition, the director shall offer technical
assistance to the board to assist it to make the plan, budget,
or list acceptable. The director shall give the board a
reasonable time in which to revise the plan, budget, or list.
The board thereafter shall submit a revised plan, budget, or
list or a new plan, budget, or list.
(H)(I) Approve or disapprove all or part of proposed
amendments that a board of alcohol, drug addiction, or mental
health services submits under section 340.03 or 340.08 of the
Revised Code to an approved community addiction and mental
health plan, budget, or list of addiction services, mental
health services, and recovery supports.
If the director disapproves of all or part of any proposed
amendment, the director shall provide the board an opportunity
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805 S. B. No. 138 Page 29
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to present its position. The director shall inform the board of
the reasons for the disapproval and of the criteria that must be
met before the proposed amendment may be approved. The director
shall give the board a reasonable time within which to meet the
criteria and shall offer technical assistance to the board to
help it meet the criteria.
Sec. 5119.221. (A) The director of mental health and
addiction services, in accordance with procedures established
under division (F)(5)(G)(5) of section 5119.22 of the Revised
Code, may issue to a board of alcohol, drug addiction, and
mental health services a time-limited waiver of the requirement
of section 340.033 of the Revised Code that ambulatory
detoxification and medication-assisted treatment be made
available within the borders of the board's service district if
the director determines that both of the following apply:
(1) The board seeking the waiver has made reasonable
efforts to make ambulatory detoxification and medication-
assisted treatment available within the borders of the board's
service district;
(2) Ambulatory detoxification and medication-assisted
treatment can be made available through one or more contracts
between the board seeking the waiver and community addiction
services providers that are located not more than thirty miles
beyond the borders of the board's service district.
(B) Each waiver issued under this section shall specify
the amount of time for which it is in effect and whether it
applies to ambulatory detoxification, medication-assisted
treatment, or both.
Sec. 5119.25. (A) The director of mental health and
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834 S. B. No. 138 Page 30
As Introduced
addiction services may withhold funds, in whole or in part, that
otherwise are to be allocated to a board of alcohol, drug
addiction, and mental health services under section 5119.23 of
the Revised Code if either of the following circumstances apply:
(1) The board fails to comply with Chapter 340. or 5119.
of the Revised Code or rules of the department of mental health
and addiction services;
(2) The board denies available service on the basis of
race, color, religion, ancestry, military status, sex, age,
national origin, disability as defined in section 4112.01 of the
Revised Code, or developmental disability.
(B) The director shall withhold funds, in whole or in
part, that otherwise are to be allocated to a board under
section 5119.23 of the Revised Code if either of the following
circumstances apply:
(1) The director, under division (G)(H) of section 5119.22
of the Revised Code, disapproves all or part of the board's
proposed community addiction and mental health plan, budget, or
list of addiction services, mental health services, and recovery
supports;
(2) The board's use of state and federal funds fails to
comply with the board's approved budget, including approved
amendments to the budget.
(C) The director shall issue a notice identifying the
areas of noncompliance and the action necessary to achieve
compliance. The director may offer technical assistance to the
board to achieve compliance. The board shall have thirty days
from receipt of the notice of noncompliance to present its
position that it is in compliance or to submit to the director
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863 S. B. No. 138 Page 31
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evidence of corrective action the board took to achieve
compliance. Before withholding funds, the director or the
director's designee shall hold a hearing within thirty days of
receipt of the board's position or evidence to determine if
there are continuing violations and that either assistance is
rejected or the board is unable, or has failed, to achieve
compliance. The director may appoint a representative from
another board of alcohol, drug addiction, and mental health
services to serve as a mentor for the board in developing and
executing a plan of corrective action to achieve compliance. Any
such representative shall be from a board that is in compliance
with Chapter 340. of the Revised Code, this chapter, and the
department's rules. Subsequent to the hearing process, if it is
determined that compliance has not been achieved, the director
may allocate all or part of the withheld funds to one or more
community mental health services providers or community
addiction services providers to provide the mental health
service, addiction service, or recovery support for which the
board is not in compliance until the time that there is
compliance.
(D) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.
Sec. 5119.99. (A) Whoever violates section 5119.333 ,
division (A) of section 5119.392, or division (A) of section
5119.395 of the Revised Code is guilty of a misdemeanor of the
first degree.
(B) Whoever violates section 5119.27 or 5119.28, division
(P) of section 5119.36, or division (A)(1) or (2) of section
5119.37 of the Revised Code is guilty of a felony of the fifth
degree.
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893 S. B. No. 138 Page 32
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Section 2. That existing sections 340.011, 340.03,
340.032, 340.036, 340.041, 340.05, 340.08, 5119.22 , 5119.221,
5119.25, and 5119.99 of the Revised Code are hereby repealed.
Section 3. The amendment by this act of section 340.036 of
the Revised Code takes effect six months after the effective
date of this section and applies to contracts entered into or
modified on or after the date the amendment takes effect.
Section 4. If a board of alcohol, drug addiction, and
mental health services holds a credit card account on the
effective date of this section, but has not adopted a written
policy that complies with the requirements of section 9.21 of
the Revised Code regarding the use of credit card accounts, the
board shall adopt such a written policy not later than three
months after the effective date of this section.
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