Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 811
2025-2026
Representative Lett
To
amend section 5119.34 of the Revised Code
regarding
residential facilities licensed by the Department of Behavioral
Health.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5119.34 of the Revised Code be amended to read as follows:
Sec.
5119.34.
(A)
As used in this section and sections 5119.341 to 5119.344 of the
Revised Code:
(1)
"Accommodations" means housing, daily meal preparation,
laundry, housekeeping, arranging for transportation, social and
recreational activities, maintenance, security, and other services
that do not constitute personal care services or skilled nursing
care.
(2)
"ADAMHS board" means a board of alcohol, drug addiction,
and mental health services.
(3)
"Adult" means a person who is eighteen years of age or
older, other than a person described in division (A)(4) of this
section who is between eighteen and twenty-one years of age.
(4)
"Child" means a person who is under eighteen years of age
or a person with a mental disability who is under twenty-one years of
age.
(5)
"Operator" means the person or persons, firm, partnership,
agency, governing body, association, corporation, or other entity
that is responsible for the administration and management of a
residential facility and that is the applicant for a residential
facility license.
(6)
"Personal care services" means services including, but not
limited to, the following:
(a)
Assisting residents with activities of daily living;
(b)
Assisting residents with self-administration of medication in
accordance with rules adopted under this section;
(c)
Preparing special diets, other than complex therapeutic diets, for
residents pursuant to the instructions of a physician or a licensed
dietitian, in accordance with rules adopted under this section.
"Personal
care services" does not include "skilled nursing care"
as defined in section 3721.01 of the Revised Code. A facility need
not provide more than one of the services listed in division (A)(6)
of this section to be considered to be providing personal care
services.
(7)
"Room and board" means the provision of sleeping and living
space, meals or meal preparation, laundry services, housekeeping
services, or any combination thereof.
(8)
"Residential state supplement program" means the program
established under section 5119.41 of the Revised Code.
(9)
"Supervision" means any of the following:
(a)
Observing a resident to ensure the resident's health, safety, and
welfare while the resident engages in activities of daily living or
other activities;
(b)
Reminding a resident to perform or complete an activity, such as
reminding a resident to engage in personal hygiene or other self-care
activities;
(c)
Assisting a resident in making or keeping an appointment.
(10)
"Unrelated" means that a resident is not related to the
owner or operator of a residential facility or to the owner's or
operator's spouse as a parent, grandparent, child, stepchild,
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as the
child of an aunt or uncle.
(B)(1)
A "residential facility" is a publicly or privately
operated home or facility that falls into one of the following
categories:
(a)
Class one facilities provide accommodations, supervision, personal
care services, and mental health services for one or more unrelated
adults with mental illness or one or more unrelated children or
adolescents with severe emotional disturbances;
(b)
Class two facilities provide accommodations, supervision, and
personal care services to any of the following:
(i)
One or two unrelated persons with mental illness;
(ii)
One or two unrelated adults who are receiving payments under the
residential state supplement program;
(iii)
Three to sixteen unrelated adults.
(c)
Class three facilities provide room and board for five or more
unrelated adults with mental illness.
(2)
"Residential facility" does not include any of the
following:
(a)
A hospital subject to licensure under section 5119.33 of the Revised
Code or an institution maintained, operated, managed, and governed by
the department of behavioral health for the hospitalization of
persons with mental illnesses pursuant to section 5119.14 of the
Revised Code;
(b)
A residential facility licensed under section 5123.19 of the Revised
Code or otherwise regulated by the department of developmental
disabilities;
(c)
An institution or association subject to certification under section
5103.03 of the Revised Code;
(d)
A facility operated by a hospice care program licensed under section
3712.04 of the Revised Code that is used exclusively for care of
hospice patients;
(e)
A nursing home, residential care facility, or home for the aging as
defined in section 3721.02 of the Revised Code;
(f)
A facility licensed under section 5119.37 of the Revised Code to
operate an opioid treatment program;
(g)
Any facility that receives funding for operating costs from the
department of development under any program established to provide
emergency shelter housing or transitional housing for the homeless;
(h)
A terminal care facility for the homeless that has entered into an
agreement with a hospice care program under section 3712.07 of the
Revised Code;
(i)
A facility approved by the veterans administration under section
104(a) of the "Veterans Health Care Amendments of 1983," 97
Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for the
placement and care of veterans;
(j)
The residence of a relative or guardian of a person with mental
illness.
(C)
Nothing in division (B) of this section shall be construed to permit
personal care services to be imposed on a resident who is capable of
performing the activity in question without assistance.
(D)
Except in the case of a residential facility described in division
(B)(1)(a) of this section, members of the staff of a residential
facility shall not administer medication to the facility's residents,
but may do any of the following:
(1)
Remind a resident when to take medication and watch to ensure that
the resident follows the directions on the container;
(2)
Assist a resident in the self-administration of medication by taking
the medication from the locked area where it is stored, in accordance
with rules adopted pursuant to this section, and handing it to the
resident. If the resident is physically unable to open the container,
a staff member may open the container for the resident.
(3)
Assist a resident who is physically impaired but mentally alert, such
as a resident with arthritis, cerebral palsy, or Parkinson's disease,
in removing oral or topical medication from containers and in
consuming or applying the medication, upon request by or with the
consent of the resident. If a resident is physically unable to place
a dose of medicine to the resident's mouth without spilling it, a
staff member may place the dose in a container and place the
container to the mouth of the resident.
(E)
A person operating or seeking to operate a residential facility shall
apply for licensure of the facility to the department of behavioral
health. The application shall be submitted by the operator. When
applying for the license, the applicant shall pay to the department
the application fee specified in rules adopted under division (N) of
this section. The fee is nonrefundable.
The
department shall send a copy of an application to the ADAMHS board
serving the county in which the person operates or seeks to operate
the facility. The ADAMHS board shall review the application and
provide to the department any information about the applicant or the
facility that the board would like the department to consider in
reviewing the application.
(F)
The department of behavioral health shall inspect and license the
operation of residential facilities.
The
department may issue full, probationary, and interim licenses. A full
license shall expire up to three years after the date of issuance, a
probationary license shall expire in a shorter period of time as
specified in rules adopted by the director of behavioral health under
division (N) of this section, and an interim license shall expire
ninety days after the date of issuance. A license may be renewed in
accordance with rules adopted by the director under division (N) of
this section. The renewal application shall be submitted by the
operator. When applying for renewal of a license, the applicant shall
pay to the department the renewal fee specified in rules adopted
under division (N) of this section. The fee is nonrefundable.
(G)(1)
If the department finds any of the following with respect to a
residential facility, the department
may
shall
issue
an order suspending the admission of residents to the facility,
refuse to issue or renew a license for the facility, or revoke the
facility's license:
(a)
The facility is not in compliance with rules adopted by the director
pursuant to division (N) of this section;
(b)
Any facility operated by the applicant or licensee has been cited for
a pattern of serious noncompliance or repeated violations of statutes
or rules during the period of current or previous licenses;
(c)
The applicant or licensee submits false or misleading information as
part of a license application, renewal, or investigation.
(d)
The facility is not managed and operated by qualified persons or
adequately staffed and equipped to operate.
(e)
The department has been notified under section 5119.343 of the
Revised Code or otherwise becomes aware that the facility, any owner,
operator, or manager of the facility, or any subsidiary of the
facility, owner, or operator has been the subject of an adverse
action, as defined in that section, taken during the three-year
period immediately preceding the date of notification or date of
becoming aware of the adverse action.
(f)
The department has been notified under section 5119.343 of the
Revised Code or otherwise becomes aware that the facility, any owner,
operator, or manager of the facility, or any subsidiary of the
facility, owner, or operator has been the subject of an adverse
action, as defined in that section, taken at any time based on an act
or omission that violated the right of a residential facility
resident to be free from abuse, neglect, or exploitation.
(2)
Proceedings initiated to deny applications for full or probationary
licenses, to refuse to renew full or probationary licenses, or to
revoke full or probationary licenses are governed by Chapter 119. of
the Revised Code. If an order has been issued suspending the
admission of residents to the facility, the order remains in effect
during the pendency of those proceedings.
Proceedings
initiated to suspend the admission of residents to a facility are
governed by Chapter 119. of the Revised Code, except as provided in
division (H) of this section.
(3)
In a proceeding initiated to suspend the admission of residents to a
facility, to deny an application for a full or probationary license,
to refuse to renew a full or probationary license, or to revoke a
full or probationary license, the department may order the
suspension, denial, refusal, or revocation regardless of whether some
or all of the deficiencies that prompted the proceedings have been
corrected at the time of the hearing.
(4)
When the department issues an order suspending the admission of
residents to a facility, denies an application for a full or
probationary license, refuses to renew a full or probationary
license, or revokes a full or probationary license, the department
shall not grant an opportunity for submitting a plan of correction.
(H)(1)
If a suspension of admissions of residents to a facility is proposed
because the director has determined that the licensee has
demonstrated a pattern of serious noncompliance or that a violation
creates a substantial risk to the health and safety of residents, the
director may issue an order imposing the suspension of admissions
before providing an opportunity for an adjudication under Chapter
119. of the Revised Code. The director shall lift the order for the
suspension of admissions if the director determines that the
violation that formed the basis for the order has been corrected.
(2)
Appeals from proceedings initiated to order the suspension of
admissions to a facility shall be conducted in accordance with
Chapter 119. of the Revised Code, unless the order was issued before
providing an opportunity for an adjudication, in which case all of
the following apply:
(a)
The licensee may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.
(b)
If a timely request for a hearing that includes the licensee's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.
(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the licensee and the director.
(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations with the department
not later than ten days after the last of the following:
(i)
The close of the hearing;
(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;
(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.
(e)
The hearing examiner shall send a written copy of the report and
recommendations, by certified mail, to the licensee, or the
licensee's attorney, if applicable, not later than five days after
the report is filed with the department.
(f)
Not later than five days after receiving the report and
recommendations, the licensee may file objections with the
department.
(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the department shall issue an order
approving, modifying, or disapproving the report and recommendations.
(h)
Notwithstanding the pendency of the hearing, the department shall
lift the order for the suspension of admissions if the department
determines the violation that formed the basis for the order has been
corrected.
(I)
The department may issue an interim license to operate a residential
facility if both of the following conditions are met:
(1)
The department determines that the closing of or the need to remove
residents from another residential facility has created an emergency
situation requiring immediate removal of residents and an
insufficient number of licensed beds are available.
(2)
The residential facility applying for an interim license meets
standards established for interim licenses in rules adopted by the
director under division (N) of this section.
An
interim license shall be valid for ninety days and may be renewed by
the director no more than twice. Proceedings initiated to deny
applications for or to revoke interim licenses under this division
are not subject to Chapter 119. of the Revised Code.
(J)(1)
The department of behavioral health may conduct an inspection of a
residential facility as follows:
(a)
Prior to issuance of a license for the facility;
(b)
Prior to renewal of the license;
(c)
To determine whether the facility has completed a plan of correction
required pursuant to division (J)(2) of this section and corrected
deficiencies to the satisfaction of the department and in compliance
with this section and rules adopted pursuant to it;
(d)
Upon complaint by any individual or agency;
(e)
At any time the director considers an inspection to be necessary in
order to determine whether the facility is in compliance with this
section and rules adopted pursuant to this section.
(2)
In conducting inspections the department may conduct an on-site
examination and evaluation of the residential facility and its
personnel, activities, and services. The department shall have access
to examine and copy all records, accounts, and any other documents
relating to the operation of the residential facility, including
records pertaining to residents, and shall have access to the
facility in order to conduct interviews with the operator, staff, and
residents. Following each inspection and review, the department shall
complete a report listing any deficiencies, and including, when
appropriate, a time table within which the operator shall correct the
deficiencies. The department may require the operator to submit a
plan of correction describing how the deficiencies will be corrected.
(K)
No person shall do any of the following:
(1)
Operate a residential facility unless the facility holds a valid
license;
(2)
Violate any of the conditions of licensure after having been granted
a license;
(3)
Interfere with a state or local official's inspection or
investigation of a residential facility;
(4)
Violate any of the provisions of this section or any rules adopted
pursuant to this section.
(L)
The following may enter a residential facility at any time:
(1)
Employees designated by the director of behavioral health;
(2)
Employees of an ADAMHS board under either of the following
circumstances:
(a)
When a resident of the facility is receiving services from a
community mental health services provider under contract with that
ADAMHS board or another ADAMHS board;
(b)
When authorized by section 340.05 of the Revised Code.
(3)
Employees of a community mental health services provider under either
of the following circumstances:
(a)
When the provider has a person receiving services residing in the
facility;
(b)
When the provider is acting as an agent of an ADAMHS board other than
the board with which it is under contract.
(4)
Representatives of the state long-term care ombudsman program when
the facility provides accommodations, supervision, and personal care
services for three to sixteen unrelated adults or to one or two
unrelated adults who are receiving payments under the residential
state supplement program.
The
persons specified in division (L) of this section shall be afforded
access to examine and copy all records, accounts, and any other
documents relating to the operation of the residential facility,
including records pertaining to residents.
(M)
Employees of the department of behavioral health may enter, for the
purpose of investigation, any institution, residence, facility, or
other structure which has been reported to the department as, or that
the department has reasonable cause to believe is, operating as a
residential facility without a valid license.
(N)
The director of behavioral health shall adopt and may amend and
rescind rules pursuant to Chapter 119. of the Revised Code governing
the licensing and operation of residential facilities. The rules
shall establish all of the following:
(1)
Minimum standards for the health, safety, adequacy, and cultural
competency of treatment of and services for persons in residential
facilities;
(2)
Procedures for the issuance, renewal, or revocation of the licenses
of residential facilities;
(3)
Procedures for conducting background investigations for prospective
or current operators, employees, volunteers, and other non-resident
occupants who may have direct access to facility residents;
(4)
The fee to be paid when applying for a new residential facility
license or renewing the license;
(5)
Procedures for the operator of a residential facility to follow when
notifying the ADAMHS board serving the county in which the facility
is located when the facility is serving residents with mental illness
or severe mental disability, including the circumstances under which
the operator is required to make such a notification;
(6)
Procedures for the issuance and termination of orders of suspension
of admission of residents to a residential facility;
(7)
Measures to be taken by residential facilities relative to residents'
medication;
(8)
Requirements relating to preparation of special diets;
(9)
The maximum number of residents who may be served in a residential
facility;
(10)
The rights of residents of residential facilities and procedures to
protect such rights;
(11)
Standards and procedures under which the director may waive the
requirements of any of the rules adopted.
(O)(1)
The department of behavioral health may withhold the source of any
complaint reported as a violation of this section when the department
determines that disclosure could be detrimental to the department's
purposes or could jeopardize the investigation. The department may
disclose the source of any complaint if the complainant agrees in
writing to such disclosure and shall disclose the source upon order
by a court of competent jurisdiction.
(2)
Any person who makes a complaint under division (O)(1) of this
section, or any person who participates in an administrative or
judicial proceeding resulting from such a complaint, is immune from
civil liability and is not subject to criminal prosecution, other
than for perjury, unless the person has acted in bad faith or with
malicious purpose.
(P)(1)
The director of behavioral health may petition the court of common
pleas of the county in which a residential facility is located for an
order enjoining any person from operating a residential facility
without a license or from operating a licensed facility when, in the
director's judgment, there is a present danger to the health or
safety of any of the occupants of the facility. The court shall have
jurisdiction to grant such injunctive relief upon a showing that the
respondent named in the petition is operating a facility without a
license or there is a present danger to the health or safety of any
residents of the facility.
(2)
When the court grants injunctive relief in the case of a facility
operating without a license, the court shall issue, at a minimum, an
order enjoining the facility from admitting new residents to the
facility and an order requiring the facility to assist with the safe
and orderly relocation of the facility's residents.
(3)
If injunctive relief is granted against a facility for operating
without a license and the facility continues to operate without a
license, the director shall refer the case to the attorney general
for further action.
(Q)
The director of behavioral health may fine a person for violating
division (K) of this section. The fine shall be five hundred dollars
for a first offense; for each subsequent offense, the fine shall be
one thousand dollars. The director's actions in imposing a fine shall
be taken in accordance with Chapter 119. of the Revised Code.
Section
2.
That
existing section 5119.34 of the Revised Code is hereby repealed.