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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 515
2025-2026
Representative Williams
To
amend sections 340.02 and 340.036 of the Revised Code
regarding
the composition of boards of alcohol, drug addiction, and mental
health services and regarding board contracts.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 340.02 and 340.036 of the Revised Code be amended to read as
follows:
Sec.
340.02.
(A)
For each alcohol, drug addiction, and mental health service district,
there shall be appointed a board of alcohol, drug addiction, and
mental health services. As provided in this section, the board shall
consist of eighteen members, fifteen members, fourteen members,
twelve members, or nine members.
In
a single-county district, the size of the board shall be determined
by the board of county commissioners representing the county that
constitutes the district. In a joint-county district, the size of the
board shall be determined jointly by all of the boards of county
commissioners representing the counties that constitute the district.
The
determination of board size shall be made by selecting one of the
options described in division (B) of this section. After an option is
selected and implemented, a subsequent determination of board size
may be made, except that subsequent determinations shall not occur
more frequently than once every four calendar years.
If
a selected option would result in a change in board size, before the
option may be implemented the board of county commissioners or boards
of county commissioners, as the case may be, shall send a
representative to a meeting of the board of alcohol, drug addiction,
and mental health services to solicit feedback about the matter.
After considering any feedback received, the board or boards of
county commissioners may proceed with implementing the change in
board size. If the change results in a reduction of board members,
the reduction shall be implemented by not filling vacancies as they
occur.
To
implement a selected option that would result in the establishment of
a new board of alcohol, drug addiction, and mental health services or
in a change in size of an existing board, the board or boards of
county commissioners, as the case may be, shall adopt a resolution
specifying the board size that has been selected. The board or boards
of county commissioners also shall notify the department of
behavioral health of the board size that has been selected.
(B)(1)
In the case of a board of alcohol, drug addiction, and mental health
services that is established on or after October 3, 2023, any of the
following options may be selected for purposes of division (A) of
this section:
(a)
To establish the board as an eighteen-member board;
(b)
To establish the board as a fifteen-member board;
(c)
To establish the board as a fourteen-member board;
(d)
To establish the board as a twelve-member board;
(e)
To establish the board as a nine-member board;
(f)
To change the board's size after it has been established by selecting
a number of members that is eighteen, fifteen, fourteen, twelve, or
nine, as the case may be.
(2)
In the case of a board of alcohol, drug addiction, and mental health
services that existed immediately prior to October 3, 2023, either of
the following options may be selected for purposes of division (A) of
this section:
(a)
To continue the board's operation as an eighteen-member or
fourteen-member board, as a board of that size was authorized prior
to October 3, 2023, in which case no further action is required;
(b)
To change the board's size by selecting a number of members that is
eighteen, fifteen, fourteen, twelve, or nine as the case may be.
(C)
All members shall be residents of the service district. The
membership shall, as nearly as possible, reflect the
composition
political
party preferences
of
the population of the service district
as to race and sex
,
based on state and federal partisan general election results in the
service district during the last ten years
.
The
director of behavioral health shall appoint one-third of the members
of the board and the board of county commissioners shall appoint
two-thirds of the members. In a joint-county district, the board of
county commissioners of each participating county shall appoint
members in as nearly as possible the same proportion as that county's
population bears to the total population of the district, except that
at least one member shall be appointed from each participating
county.
The
director of behavioral health shall ensure that at least one member
of the board is a clinician with experience in the delivery of mental
health services, at least one member of the board is a person who has
received or is receiving mental health services, at least one member
of the board is a parent or other relative of such a person, at least
one member of the board is a clinician with experience in the
delivery of addiction services, at least one member of the board is a
person who has received or is receiving addiction services, and at
least one member of the board is a parent or other relative of such a
person. A single member who meets both qualifications may fulfill the
requirement for a clinician with experience in the delivery of mental
health services and a clinician with experience in the delivery of
addiction services.
No
member or employee of a board of alcohol, drug addiction, and mental
health services shall serve as a member of the board of any provider
with which the board of alcohol, drug addiction, and mental health
services has entered into a contract for the provision of services or
facilities. No member of a board of alcohol, drug addiction, and
mental health services shall be an employee of any provider with
which the board has entered into a contract for the provision of
services or facilities. No person shall be an employee of a board and
such a provider unless the board and provider both agree in writing.
No
person shall serve as a member of the board of alcohol, drug
addiction, and mental health services whose spouse, child, parent,
brother, sister, grandchild, stepparent, stepchild, stepbrother,
stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a member
of the board of any provider with which the board of alcohol, drug
addiction, and mental health services has entered into a contract for
the provision of services or facilities. No person shall serve as a
member or employee of the board whose spouse, child, parent, brother,
sister, stepparent, stepchild, stepbrother, stepsister,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law serves as a county commissioner of a
county or counties in the alcohol, drug addiction, and mental health
service district.
Each
year each board member shall attend at least one inservice training
session provided or approved by the department of behavioral health.
Each
member shall be appointed for a term of four years, commencing the
first day of July, except that when a board is established on or
after October 3, 2023, the initial appointments shall be staggered
among the members as equally as possible with terms of two years,
three years, and four years.
No
member shall serve more than two consecutive four-year terms under
the same appointing authority. A member may serve for three
consecutive terms under the same appointing authority only if one of
the terms is for less than two years. A member who has served two
consecutive four-year terms or three consecutive terms totaling less
than ten years is eligible for reappointment by the same appointing
authority one year following the end of the second or third term,
respectively.
When
a vacancy occurs, appointment for the expired or unexpired term shall
be made in the same manner as an original appointment. The board
shall notify the appointing authority either by certified mail or, if
the board has record of an internet identifier of record associated
with the authority, by ordinary mail and by that internet identifier
of record of any vacancy and shall fill the vacancy within sixty days
following that notice. As used in this paragraph, "internet
identifier of record" has the same meaning as in section 9.312
of the Revised Code.
Any
member of the board may be removed from office by the appointing
authority at will. Before a member may be removed at will, the member
shall be informed in writing of the proposed removal and afforded an
opportunity for a public hearing. Upon the absence of a member within
one year from either four board meetings or from two board meetings
without prior notice, the board shall notify the appointing
authority, which may vacate the appointment and appoint another
person to complete the member's term.
Members
of the board shall serve without compensation, but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their official duties, as defined by rules of the
department of behavioral health.
Sec.
340.036.
(A)
Subject to division (B) of this section and rules adopted by the
director of behavioral health 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 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 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 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.
No
board shall deny a contract to or refuse to contract with a
for-profit entity or nonprofit entity, including a faith-based
entity, based solely on the entity's for-profit or nonprofit status.
(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 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 intends not
to enter into a contract for a subsequent term, the other party shall
be given written notice at least sixty days before the expiration
date of the current contract. If 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.
Section
2.
That
existing sections 340.02 and 340.036 of the Revised Code are hereby
repealed.
Section
3.
The
version of section RC 340.036 of the Revised Code that is scheduled
to take effect March 30, 2026, is presented in this act as a
composite of the section as amended by both H.B. 96 and S.B. 138 of
the 136th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised Code
that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of the
section as presented in this act.