Policy #9.0 Ethics Council Policy
Policy #9.1 Ethics Council Procedures
Policy #12.0 Community Alternative Funding System Policy
Policy #12.1 Community Alternative Funding System Procedures
Policy #8.0 Family Resources Services Policy
Policy #8.1 Family Resources Services Procedures
Policy #22.0 Fee Schedule/UCR Rates Policy
Policy #22.1 Fee Schedule/UCR Rates Procedures
Policy #23 Use of County Vehicles
Policy #24.0 Sexual Harassment Policy
Policy #24.1 Sexual Harassment Procedures
Policy #26 Payer of Last Resort
Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Ethics Council Policy
Policy Number: 9.0
Ohio Revised Code Reference: 5126.031, 5126.032, 5126.11 , 5126.20, 5123.40 to 5126.46
Ohio Administrative Code Reference:
Adopted: 4/23/2001
Amended: 3/13/2003
I. PURPOSE
A. The Coshocton County Board of MRDD supports the belief that membership of a person on, or employment of a person by the County Board of MRDD does not affect the eligibility of any member of their family for services provided by the County Board or by entity under contract with the County Board . Therefore the County Board has created an Ethics Council to review all direct services contracts meaning any legally enforceable agreement with an individual agency or other entity that, pursuant to its term or operation, which may result in a payment from the Coshocton County Board of MRDD to an eligible person or to a member of the family of an eligible person for services rendered to the eligible person.
B. If the County Board does not establish an Ethics Council, a policy shall be established specifying that the board is not willing to enter into direct service contracts with any person who is a board member, former board member, a member of the immediate family of a board member, or form County Board member. The County Board may assume the responsibilities and perform the duties of an Ethics Council specified in 5126.032 of the Ohio Revised Code. The policy shall be established by resolution adopted by a majority of the members of the County Board in attendance at a meeting at which there is a quorum and shall be in effect for one year after its adoption, at which time the County Board shall, by resolution adopt in the same manner as the initial resolution, either to renew the policy or establish a new one.
II. APPLICATION
A. The Coshocton County Board of MRDD hereby establishes a policy for the establishment of an ethics council for the review of all direct service contracts. The County Board shall not enter into a direct services contract that would result in payment to a County Board Member, former County Board Member, employee, former employee, or member of the immediate family of a County Board Member, if the person who would receive services under he contract stands to receive any preferential treatment or any unfair advantage over other eligible persons.
III. DEVELOPMENT OF PROCEDURES
A. The Board authorizes the Superintendent to develop and implement written procedures consistent with Board policy and applicable rules, regulations and statutes. Ethics policy and procedures shall be reviewed annually to ensure that they are in compliance with current ODMRDD rules.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy Reference: Ethics Council Procedures
Policy Number: 9.1
Ohio Revised Code Reference: 5126.031, 5126.032, 5126.11 , 5126.20, 5123.40 to 5126.46
Ohio Administrative Code Reference:
Superintendent Approved: 03-20-2003
Superintendent Amended:
I. ANNUAL DETERMINATION OF ETHICS COUNCIL
A. Annually at the organizational meeting, the Chairperson of the Coshocton County Board shall appoint three members of the Board to the Ethics Council. The Chairperson may be one of those appointed and the Superintendent shall be non-voting member of the Council. The Chairperson shall not appoint a Board member to the Ethics Council if the member, or any member of their family will have any interest in any direct services contract under review by the Council while the member serves on the Council or during the twelve month period after completion of their Council service. If a Council member or a member of the Council member's immediate family has or will have such an interest, the chairperson shall replace the member by appointing another board member to the Council.
B. The role of the Ethics Council shall be to review all direct services contracts which may result in direct payment to an eligible person or to a member of the eligible person's family according to this policy and development, in consultation with the prosecuting attorney, for recommendation to the County Board policy regarding ethical standards, contract audit procedures and grievance procedures with respect to the award and reconciliation of direct service contracts.
II. DEFINITIONS
A. Direct Services Contracts - means any legally enforceable agreement with an individual, agency, or other entity that, pursuant to its terms or operation, may result in a payment from the County Board to an eligible person or to a member of the immediate family of an eligible person for services rendered to the eligible person. Direct service contracts include but are not limited to, Supported Living, Family Resources (if payment is made directly to the family), and reimbursement for transportation expenses.
B. Eligible Person - means a person eligible to receive services from the County Board or from an entity under contract with the County Board .
C. Former Board Member - means a person whose service on the County Board ended less than one year prior to commencement of services under a direct services contract.
D. Former Employee - means a person whose employment by the County Board ended less than one year prior to commencement of services under a direct services contract.
E Immediate Family - means parents, brothers, sisters, spouses, sons, daughters, mothers-in-law, fathers-in-law, brothers-in-law, sons-in-law, sisters-in-law and daughters-in-laws
III. ETHICS COUNCIL MEETINGS
A. The Ethics Council shall meet regularly as directed by the County Board to perform its duties. Minutes shall be kept of the actions of the Council. The minutes shall be part of the public record of the County Board . Any action taken by the Council on direct service contracts under its review shall be in public. The Council shall afford an affected party the opportunity to meet with the Council on matters related to a direct services contract on any action taken by the Council.
IV. CONTRACT REVIEW
A. All contracts and information provided to Ethics Council shall be sent by the Superintendent or their designee with appropriate certification that the contracts are within available resources and appropriations made by the County Board . The Ethics Council during its regular meeting shall determine whether the amount to be paid under the contract is appropriate based on actual expenses or reasonable and allowable projections. The Ethics Council shall also determine whether the eligible person who would receive services under the contract stands to receive any preferential treatment or any unfair advantage over other eligible persons.
B. If the amount to be paid is not acceptable or the contract would result in preferential treatment or unfair advantage, the Ethics Council shall recommend that the Count Board not enter into a contract or shall suggest acceptable, specific revisions. The County Board shall not enter into any contract to which revisions are suggested if the contract does not include the specified revisions.
C. The County Board , by resolutions, shall enter into each direct service contract that the Ethics Council recommends or recommends with specified revisions. The Coshocton County Prosecuting Attorney, at the request of the County Board , shall prepare a legal review of any direct service contract that has recommended, or recommended with revisions, by the Ethics Council. The County Board shall enter into only those contracts submitted for review that are determined by the Coshocton County Prosecuting Attorney to be in compliance with state law.
D. The Ethics Council shall in no way allow a member or employee of the County Board to authorize, or use the authority of their office or employment to secure authorization or a direct services contract that they may benefit from in any way.
E. The County Board shall not enter into a direct services contract for services provided in accordance with sections 5126.11, 5123.40 to 5126.46 of the Ohio Revised Code under which an individual, agency, or other entity will employ a professional or service employee, as defined in section 5126.20 of the Ohio Revised Code, who is also an employee of the County Board unless all of the following conditions are met:
1. The employee is not in a capacity to influence the award of the contract;
2. The employee had not attempted in any manner to secure the contract on behalf of the individual, agency, or entity;
3. The employee does not hold any administrative or supervisory position in the employ of the County Board, did not hold such a position during the period when the contract was developed, and agrees to not take such a position while the contract is in effect, regardless of whether the position is related to the services provided under the contract;
4. The employee has not taken any actions that create the need for the services to be provided under contract;
5. The individual agency, or other entity seeks the services of the employee because the employee's expertise and familiarity with the care and condition of one or more eligible persons and other individuals with such expertise and familiarity are unavailable, or an eligible person has requested to have the services provided by the employee.
F. This policy shall be in full compliance with the mandates of Sections 5126.031 and 5126.032 of the Ohio Revised Code.
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Policy #12.0 Community Alternative Funding System Policy
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Policy #12.1 Community Alternative Funding System Procedures
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Family Support Services Policy
Policy Number: 8.0
Ohio Revised Code Reference: §5123.18, §5123.76, §5126.01, §5126.052, §5126.11
Ohio Administrative Code Reference: §5123:2-1-02, §5123:2-12-01, §5126:2-1-12
Board Adopted: 04-10-2003
Board Amended:
I. Purpose:
A. The purpose of this policy is to establish guidelines for the implementation of the Family Support Services Program through the Coshocton County Board of Mental Retardation and Developmental Disabilities. The FSS Program assists a family who keeps at home a family member who has mental retardation and/or developmental disability. The FSS Program shall promote the unity of the family by assisting it to meet the special needs of the individual who has mental retardation and/or developmental disability. It also shall assist the individual to maximize self-sufficiency and prevent inappropriate institutionalization. The objectives of the FSS Program are:
1. To enable individuals who have mental retardation and/or developmental disabilities to return to their families from developmental centers which are under the managing responsibility of the Department;
2. To enable individuals found to be subject to institutionalization by court order under section 5123.76 of the Ohio Revised Code to remain with their families with the aid of reimbursable services; and
3. To provide reimbursable services to families of eligible children and adults living at home who may or may not be currently receiving services from the Board.
II. Philosophy:
A. The Board philosophy for FSS:
1. All individuals who have mental retardation and/or developmental disabilities have a right to live in a stable home, enjoy membership in a family, have access to the array and quantity of supports needed to enable them to participate in the life of their communities to the degree they choose, and experience enduring relationships with brothers, sisters, other family members, and friends committed to their welfare.
2. Reimbursable services and supports through the FSS Program shall be tailored to the unique needs of individual with mental retardation or other developmental disabilities and their families and shall be defined in accordance with section 5126.11 of the Ohio Revised Code.
3. Family support systems should:
a. Seek and nurture partnerships between family members, other supportive people, and the professionals who serve both these individuals and their families;
b. Build on the unique strengths and characteristics of each family;
c. Utilize the resources in each family's social network and home community; and
d. Respect the beliefs, values and structures of each family.
III. Policy:
A. Family Eligibility
1. "Family," as stated in this policy means parent(s), brother(s), sister(s), spouse(s), son(s), daughter(s), grandparent(s), aunt(s), uncle(s), cousin(s), or guardian(s) of the individual who has mental retardation or developmental disabilities. "Family" also means person(s) acting in a role similar to those specified in this paragraph even though no legal or blood relationship exists if the individual who has mental retardation or developmental disabilities lives with the person(s) and is dependent on him to the extent that the supports were withdrawn another living arrangement would have to be found. The person(s) shall verify the relationship by signature.
a. Planned service . A family shall be eligible for the FSS Program if it includes a family member who resides at home and has been determined eligible for Board services according to section 5126.01 of the Ohio Revised Code.
b. Emergency services . The following families shall be considered eligible for reimbursement according to the Board policy for waiting lists and emergencies in accordance with section 5126.052 of the Ohio Revised Code.
i. A family that includes an individual living at home who is eligible for Board services according to section 5126.01 of the Ohio Revised Code; and
ii. Other families that include an individual living at home who has mental retardation and/or developmental disability who is not receiving services from the Board but is determined by the Superintendent as eligible for the FSS Program
c. If resources are not available, families requesting services shall be placed on a waiting list for FSS according to the Board Waiting List Policy.
B. Request Process
1. The request for services shall be initiated by a family. The family's request for FSS shall be honored if funds and services are available and consistent with the FSS section of the Board's Plan as outlined in section (III) (D) of this policy and the written philosophy of section (II) of this policy. FSS shall work with the family to obtain supports and services. At the family's request, FSS shall assist families in developing individual plans and strategies for family supports. FSS shall be considered a component of the individual planning process as referenced in rule 5123:2-1-02 of the Ohio Administrative Code.
a. FSS may be provided in a county other than Coshocton County . The Board is responsible for determining that providers meet the requirements of this rule.
b. FSS may be provided by agencies or persons other than the Board including, but not limited to, generic agencies or service providers in the community.
c. The Board may contract with another agency to administer all or a portion of the FSS Program. The Board shall ensure that any contract agency administering FSS adheres to the administrative rules governing the FSS Program.
2. The family may request a list of certified respite care providers from the Board before deciding on a provider, or the family may recommend a provider to the Board.
3. To be assured of reimbursement, the family shall obtain the estimated cost and prior approval of the expenditure from the Board before agreeing to services or signing a contract with a provider.
4. The Board shall provide response to an eligible family's request for reimbursement within seven (7) working days after receiving the request. The request shall be reviewed based only on the following criteria:
a. The family is eligible according to section (III) (A) of this policy.
b. Funds are available according to the Board's plan and administrative procedures; and
c. The requested service is directly related to improving the living environment of, or facilitating the care of the individual who has mental retardation and/or developmental disability.
5. Reimbursement/payment for services shall be made by the Board using one of the following procedures:
a. Upon approval of the request for FSS, the Board shall give the family a voucher in the amount of the approved service provider payment. The family shall present the voucher and the family's share of the cost of the service to the provider when the service has been received or at such time as mutually agreed. The provider shall redeem the voucher through the Board. The Board shall redeem the voucher within forty-five days after the provider submits it; or
b. Upon approval of the request for FSS, the Board shall give the family a written statement of the amount of approved reimbursement. The family shall present a receipt for approved incurred cost to the Board. The Board shall reimburse the family within 45 days after the family submits the receipts; or
c. The Board shall develop a reimbursement/service provider payment system that meets County Auditor requirements and is responsive to family needs.
6. At the time of initial application, the FSS Coordinator shall inform the family of their informal compliant resolution and due process rights under 5123: 2-1-12 of the Ohio Administrative Code. This information shall be presented in the native language of the family or other mode of communication used by the family unless it is clearly not feasible.
C. Reimbursement
1. Maximum annual reimbursement. The maximum annual reimbursement to each family shall be determined through the FSS component of the Board's Annual Plan. The Plan shall allow for flexibility in tailoring the level or reimbursement to the unique needs of families.
2. Co-payment schedule:
a. The co-payment schedule for a family shall be based on the family's taxable income as certified by their signature. Income shall be based on the federal taxable income (after applicable deductions). The family shall be responsible for reporting any changes in income.
b. The Board may consider extenuating circumstances in the determination of co-payment.
c. The Department shall establish an income schedule which shall be updated periodically by the Department and shall be disseminated to the Board at the beginning of each fiscal year. In no case shall the base be higher than 75 percent of the state median income for a family of four.
D. Planning Process
1. The FSS component of the Board's Annual Plan shall include, but not be limited to:
a. The procedures for, and the results of the assessment of the FSS funding needs of the families of residents of Coshocton County who have mental retardation and/or developmental disability.
i. The number of eligible families projected to need FSS funding;
ii. The amount of FSS funds available to each family for the year addressed in the Plan; and
iii. The number of eligible families currently receiving FSS funds .
b. The projected number of families to be served each year.
c. Prioritization of funding, with corresponding justification, shall include:
i. Comprehensive FSS funding to relatively few families who have extensive needs;
ii. Limited FSS funding to a broad base of families.
d. Collaborative Board linkage with needed programs or services from other community agencies.
e. The commitment of funds to the FSS Program.
f. The projected amount and percentage of the Board's allocation of state funds to be used for routine services and the amount and percentage to be used for emergencies shall be determined through the Board planning process. The percentage to be used for emergencies shall not exceed 25 percent of the total dollar amount committed to the FSS Program.
g. The organizational structure for implementing the FSS Program.
h. An evaluation of the FSS Program annually on the basis of data collected from the people served, families and providers and the direct monitoring or providers.
i. A description of the procedures and schedule of events used to make families and other agencies in the community aware of the FSS Program and planning process.
2. Board administrative procedures. The Board shall have written procedures for:
a. Identifying other resources that the family could use to pay for the FSS.
b. Determining that the family has exhausted all other sources.
c. Identifying and developing providers.
d. Certifying the individual respite provider or administering agency when applicable. In certifying the provider, the Board shall use standards which include those in section (IV)(E) of this policy.
e. Direct monitoring of Board certified providers.
f. Reimbursing families for services:
i. Estimating the amount of funds needed to reimburse families between regular meetings of the Board, encumbering those funds and authorizing expenditures;
ii. Reimbursing families in a timely manner, no later than 45 days after the family has notified the Board that the expense has been incurred; and
iii. Redeeming vouchers for providers within 45 days after the Board receives them.
g. Maintaining a list of certified respite care providers as a guide to families. The list shall include available respite beds in community facilities that are funded according to section 5123.18 of the Ohio Revised Code or Title XIX of the Social Security Act, if the Department provides that information to the Board.
h. Assuring that no reimbursement is made on behalf of an individual who is living in a residential facility that is providing services that are funded according to section 5123.18 of the Ohio Revised Code or Title XIX of the Social Security Act by the Board.
i. Assuring that funds appropriated for the FSS Program and allocated to the Board for this purpose shall not be used to reimburse families for respite care or other FSS that are provided in a bed in a facility if that bed is funded according to section 5123.18 of the Ohio Revised Code, Title XIX, of the Social Security Act.
3. Additionally:
a. No more than seven percent of the Board's allocation may be used for the administrative cost of the Board.
b. The Board shall not be required to make reimbursements at a level of funding that exceeds available state and federal funds for this purpose.
c. The Board shall not use funds allocated for FSS to replace existing locally funded programs other than FSS or for any purpose other than FSS.
d. The Board may support the FSS with additional locally generated funds.
e. The Board may use the funds allocated for the FSS Program as match for appropriate federal funds. When FSS is used to match federal funds, no co-payment will be assessed to families for services provided through those federal funds.
4. Standards for supervision. The Board shall supervise the FSS Program and shall be responsible for the following:
a. The approval of services and costs prior to the provision of services; and
b. The enforcement of ceilings on reimbursement to a family based on income.
E. Certification of Respite Providers .
1. Family selected respite providers. Respite providers selected by families need not be Board certified. When using a family selected provider, the family shall sign an assurance assuming responsibility that the health and safety needs of the individual will be met and that no liability shall be incurred by the Board.
2. Non-family selected respite providers. The Board shall maintain a list of trained and certified respite providers.
a. Board certified respite providers shall receive up to 40 hours of training which shall include but not be limited to:
i. Practicum (supervised);
ii. Time spent with individuals with mental retardation and/or developmental disabilities and their families;
iii. CPR; and
iv. First aid.
b. This training may be waived by the Superintendent or the FSS Coordinator if the provider has experience with persons with mental retardation and/or developmental disabilities. Respite providers that are Board certified prior to the effective date of this rule shall continue to be certified.
c. The Board shall perform a criminal background check on all non-family selected, certified respite providers.
d. Board certified providers of out-of-home respite shall be subject to the provisions of rule 5123:2-12-01 ("Supported Living Quality Assurance Standards") of the Ohio Administrative Code as follows to promote conditions that consider the health and safety of the individual:
i. Housing . The individual has housing that meets local requirements for residential homes, is secure, and has adequate heating, water, and electricity. The individual has the basic furnishings necessary for daily living including, but not limited to, a bed, chairs, table, kitchen facilities, and lighting.
ii. Health . The individual's health is maintained through adequate hygiene, nutrition, exercise, safe behavior, medical and dental monitoring, and appropriate medications when needed. The individual receives prompt and up-to-date treatment for physical problems.
iii. Safety . Potential dangers in the environment are minimized. The individual has access to prompt and appropriate emergency services, when needed, such as police, fire department, ambulance, and crisis line.
iv. Major unusual incidents shall be reported in compliance with Department rules.
e. The Board shall assure quality control of the Board certified providers of respite through:
i. An initial on-site visit before providing certification of out-of-home respite providers.
ii. A periodic onsite visit at least annually to each out-of-home provider in Coshocton County by the FSS Coordinator.
iii. Structured, written feedback from a significant sample of respite sessions completed by the family and the Board certified respite provider. The sample shall include the first respite session by each newly certified provider.
3. The family, provider, and any applicable agency shall plan the continuation of school, workshops, or other habilitation programs during respite care.
F. Board Reports and Evaluation
1. The Board shall submit written semiannual reports (a status report and final report) to the Department on forms provided by the Department. Beginning in 1993, the status report shall be submitted by the fifteenth of April of each year, and the final report by the fifteenth of August of each year.
G. Authorization to Develop Procedures
1. The Board authorizes the Superintendent to develop and implement procedures to comply with this policy.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy Reference: Family Support Services Procedures
Policy Number: 8.1
Ohio Revised Code Reference: 5123.18, 5123.76, 5126.01, 5126.052, 5126.11
Ohio Administrative Code Reference: 5123:2-1-02, 5123:2-12-01, 5126:2-1-12
Superintendent Approved: 4/17/03
Superintendent Amended:
Purpose: To establish requirements for use in administration of the Family Support Services (FSS) Program.
Definitions:
A. "Board" means the Coshocton County Board of Mental Retardation and Developmental Disabilities.
B. "Co-payment" means the percentage assigned as the family responsibility for payment of requested services.
C. " County Auditor " means the County Auditor of Coshocton County .
D. "FSS" means Family Support Services.
E. "Family" means parent(s), brother(s), sister(s), spouse(s), son(s), daughter(s), grandparent(s), aunt (s), uncle(s), cousin(s), or guardian(s), of the individual who has mental retardation or developmental disabilities. "Family also means person(s) acting in a role similar to those specified in this paragraph even though no legal or blood relationship exists if the individual who has mental retardation or developmental disabilities lives with the person(s) and is dependent on him to the extent that if the supports were withdrawn another living arrangement would have to be found. The person(s) shall verify the relationship by signature.
F. "Individual" means a person with mental retardation and/or developmental disabilities.
G. "Superintendent" means the Superintendent of the Coshocton County Board of Mental Retardation and Developmental Disabilities.
Procedure:
A. Eligibility for Planned Service
1. The FSS Coordinator must document the eligibility for Board services for all children and adults that are to be enrolled in the FSS Program. Service and Support will provide services to determine an individual has mental retardation or developmental disability according to 5126.01 of the Ohio Revised Code. The FSS Coordinator will receive confirmation of this determination from Case Management and this documentation will be part of the family file record.
a. Continuing eligibility will need to be determined when the child or adult reaches age milestones that require a referral to Case Management. The FSS Coordinator will refer when the age of the individual or change in their habilitation program indicates a need for review. The FSS Coordinator will receive copies of the eligibility determination and this documentation will be part of the family file record.
b. A child or adult that is no longer determined eligible for Board services will be terminated under the FSS Program following Board policy for Administrative Resolution of Complaints and Due Process Rights.
2. The family requesting services must include a child or adult living in their home that has mental retardation and/or developmental disability. The household composition will be documented on the Respite Care Fact Packet (FSS:001) as completed by the family for enrollment in the FSS Program.
a. The FSS Coordinator will determine that the applicants requesting services meet the definition of "Family" as stated in FSS Policy (section C).
b. The FSS Coordinator will have the family document their relationship by signature on the Request for Family Support Services (FSS:002) and the Contractual Agreement (FSS:003).
c. Individuals living in residential or supportive living facilities, nursing home, or a "family of one", are not considered to be living in a household that qualifies as "Family".
3. The family requesting services must reside in Coshocton County . The FSS Coordinator will establish the residency with address provided on the Request for Family Support Services (FSS:002).
a. The FSS Coordinator will utilize the Coshocton County Real Estate Tax statement for the property where family resides if further determination is needed.
B. Eligibility for Emergency Service
1. Families meeting the guidelines of FSS Procedure (section A) will be considered eligible for emergency services through the FSS Program.
a. Eligibility for emergency respite care services is defined as the medical disability or death of a major care provider or other member of the immediate family living in the household resulting in a child or adult remaining in the home without a caretaker.
b. Eligibility for the family is also based on the availability of funds at the time of request for emergency services, availability of provider resources, and funding is not to exceed 30 days of emergency respite services per calendar year.
2. Families that include an individual living at home not yet determined eligible for Board services according to section 5126.01 of the Revised Code, may be certified by the Superintendent of the Board as eligible for temporary emergency respite care for not more than five (5) days to permit the determination of eligibility.
a. The Superintendent will be presented with as much background information as possible on the individual needing services to determine if they are likely to have mental retardation and/or developmental disability. This information will be provided with the assistance of Service and Support.
b. The Superintendent will be presented with a summary of the reason for emergency services, other resources explored to resolve the emergency, the specific services requested under the FSS Program, and the approximate dollar amount to resolve the emergency.
c. Eligibility for emergency respite care will be defined as in FSS Procedure (section B.1.a.).
C. Enrollment
1. The FSS Coordinator will meet in a face-to-face interview with the family for enrollment in the FSS Program. The family will be provided with a FSS Program brochure describing all services available. The FSS Coordinator will inform the family of their informal complaint resolution and due process rights under rule 5123:2-1-12 of the Revised Code and provide a copy of the Board policy for Administrative Resolution of Complaints and Due Process Rights.
2. The FSS Coordinator will assist with the completion of a Respite Care Fact Packet (FSS:001) for each individual the family enrolls for services. The completed original document will be maintained by the family in their home to be utilized by respite care providers while rendering service(s) to the individual(s).
a. The FSS Coordinator will determine if the individual(s) requires a moderate or maximum level of respite care services, or other special circumstances that are applicable to the provision of respite care based on information provided in the Respite Care Fact Packet (FSS:001).
b. The family is responsible for updating all information in the Respite Care Fact Packet (FSS:001) on an ongoing basis and making it available to respite providers. A copy of the document will be maintained in the family file record.
c. Documentation will be completed in the Respite Care Fact Packet (FSS:001) of household composition, county residency, other funding resources the family could use to pay for the Family Support services, and assurance that reimbursement is not made on behalf of or directly to a family for services provided in a bed or facility funded according to section 5123.18 of the Ohio Revised Code or Title XIX of the Social Security Act.
3. A family is requested to complete a Request for Family Support Services (FSS:002) upon initial enrollment to the FSS Program and upon each new funding request for services while they are enrolled in the program. The FSS Coordinator will respond to the family's request for services within seven (7) working days of signature date on the request form.
a. A family requesting services will be required to provide documentation on the Request for Family Support Services (FSS:002) of other resources utilized or applied for prior to applying for the FSS Program.
4. A family will complete an Income Certification (FSS:004) as documentation of the family taxable income for the calendar year prior to date of request for services. The signature of the primary caregiver/family member will be considered certification of income declared. Completion of this document will be required upon enrollment to the FSS Program and on a yearly basis thereafter. The provision of taxable income must follow procedures set forth under FSS Procedure (section E).
5. A Contractual Agreement (FSS:003) will be signed by the family and the FSS Coordinator upon enrollment in the FSS Program and is valid for one year.
a. The Contractual Agreement (FSS:003) will specify the family co-payment responsibility, and the assigned hourly/daily rates of respite care.
b. An annual review of the Respite Care Fact Packet (FSS:001) and household taxable income information is required to renew the Contractual Agreement (FSS:003). The family will be notified in writing when an annual review is required. A family that does not respond to the request for an annual review within 60 days will be sent a letter of reminder requesting notification whether the family desires to remain enrolled for services. A ten (10) day notice of intent to terminate services will be included in addition to the family's informal complaint resolution and due process rights.
c. The Contractual Agreement (FSS:003) may be revised if documentation is provided to warrant a change in family co-payment responsibility or in the hourly/daily respite care rates due to extenuating circumstances or change in level of care.
6. The FSS Coordinator will complete a FSS Service Plan (FSS:005) that enables the family to review all program services offered and to develop strategies for family supports. The FSS Coordinator will work with the family to obtain supports and services that are identified in this process.
7. A family will be sent a letter that confirms enrollment for the FSS Program within seven (7) days of signature date on the Request for Family Support Services (FSS:002). Included within the letter will be a list of available services and the specific usage limitations.
D. Support Services Available
1. Respite Care provides appropriate, short-term, temporary care in-home and out-of home. This service is to sustain the family structure and to meet planned or emergency needs of the family.
2 . Special Diets include foods necessary for the individual's medical, behavioral, or disabling condition. Requests for special diets shall be accompanied with documentation and substantiation from a qualified Dietician or Licensed Physician.
3. Counseling, Training and Education is to provide the services necessary to enable all family members the education and skills to allow the individual to live at home, including how to address special behavioral, medical, emotional, therapeutic, or personal needs of the individual.
4 . Adaptive Equipment includes items that are needed to improve the living environment or to facilitate the care of the individual at home. Requests for adaptive equipment should be linked to the individual's Individual Plan and/or be recommended by a licensed professional, i.e. Teacher, Occupational Therapist, Physical Therapist, Speech Therapist, Physician, etc.
5. Home Modifications are changes that are needed in the home or family property to facilitate the care of the individual and to make it accessible for the individual who has mental retardation and/or developmental disability.
6. Other Services is a broad based category allowing creativity to provide supports needed by the family to maintain the individual in the home. Funding requests for Other Services must be reviewed by the FSS Advisory Committee prior to approval to determine the service requested is directly related to improving the living environment of, or facilitating the care of the individual who has mental retardation and/or developmental disability.
E. Co-Payment Schedule
1. The documented family federal taxable income is necessary in order to determine the percentage of each reimbursable Family Support service for which the eligible family will pay.
a. The family taxable income means the sum of all income in the household exclusive of the individual(s) eligible for Board services.
b. A projection of the current year's taxable income will be accepted at the family's request.
c. The family may request a revision be made to the Income Certification (FSS:004) at anytime during the calendar year, should the family income change. The family shall be responsible for reporting any changes in income.
d. Extenuating circumstances may be considered in the determination of co-payment in order to provide emergency services.
e. A family that elects not to certify their income by signature, may not be denied enrollment solely on the refusal, but the rate of co-payment will be assigned at 100%.
2. The percentage assigned as the family responsibility for payment will be determined according to the following schedule:
TAXABLE INCOME |
% OF CONTRIBUTION |
$27,258 or less |
0% |
$27,259 to $37,759 |
10% |
$37,760 to $48,260 |
30% |
$48,261 to $62,261 |
50% |
$62,262 to $79,762 |
75% |
$79,763 and over |
100% |
F. Requests for Services
1. Requests for services will be initiated by a family. The family's request for FSS will be honored if funds and services are available and consistent with the FSS component of the Board's Annual Plan as outlined in FSS Policy (section IV. D.) and the written philosophy of the FSS Policy (section II). If resources are not available, families requesting services shall be placed on a waiting list for FSS according to the Board Waiting List Policy.
a. The services requested may be provided in a county other than Coshocton County .
b. The family shall obtain the estimated cost and prior approval of the expenditure from the Board before agreeing to services or signing a contract with a provider.
2. All requests for FSS are directed to the FSS Coordinator.
a. The FSS Coordinator shall assist the family to determine if all other potential sources of payment have been exhausted.
3. All requests for FSS shall be reviewed on the following criteria:
a. The family is eligible for FSS.
b. Funds are available to meet the request according to the FSS component of the Board's Annual Plan and FSS Procedures.
c. The request is directly related to improving the living environment or facilitating the care of the individual who has mental retardation and/or developmental disabilities.
4. Requests for services will receive a response within seven (7) working days after receipt of a signed Request for Family Support Services (FSS:002) from the family.
a. A denial of requests for services will be sent to the family in writing informing them of the reason for the denial. The family shall also be informed of their due process rights and administrative resolution of complaints process. This information shall be presented in the native language of the family or other mode of communication used by the family unless it is clearly not feasible.
G. Reimbursement/Payment for Services
1. The FSS Coordinator shall authorize services to families using a purchase order/voucher system that is in compliance with the Coshocton County Auditor's guidelines.
a. The FSS Coordinator shall encumber the estimated amount of FSS funds in purchase orders for the specific service providers. All purchase orders require the signature of the Superintendent before submission to the County Auditor and approval of services and costs prior to the provision of services.
b. The family will be assured of reimbursement/payment of services when the estimate of costs has been submitted to the FSS Coordinator and the funds are encumbered prior to services being rendered.
c. A certified purchase order and/or a Service Voucher (FSS:006) will be issued to families specifying the description and amount of service authorized. Reimbursement/payment will not be made for services rendered prior to the issuance of the Service Voucher (FSS:006) and/or certified purchase order except with direction from the FSS Coordinator and/or if it involves emergency respite care services.
2. The enforcement of family co-payment responsibility will be documented on the Service Voucher (FSS:006) and/or in a letter to the family specifying amount due.
a. Family co-payment responsibility for respite care services shall be paid by the family directly to respite care providers at the time services are rendered.
3. Service providers will submit an itemized invoice for reimbursement that will meet the County Auditor 's requirements for content, and the invoices will be date stamped to document receipt by the Board.
a. Instances that prohibit payment direct to service providers will allow FSS funds to be encumbered and reimbursed directly to the family. The family will submit invoices for costs incurred that will meet the County Auditor 's requirements for content.
b. The family will initial the Respite Care Services Invoice (FSS:007) to document the services were rendered as billed by the provider.
4. The FSS Coordinator will prepare vouchers for payment of invoices and upon approval of the Superintendent, shall forward to the County Auditor for payment. Payment/reimbursement to providers of service or families shall be no later than 45 days after receipt of the invoice, and this shall be documented on the voucher.
a. FSS funds reimbursed directly to families will be reviewed by the Board's Ethics Council.
5. The maximum annual reimbursement/payment to each family shall not exceed the maximum allocation per family which is $500 per individual and $750 per family.
a. A priority is given to the availability of emergency respite care services and 25% of the FSS state allocation is reserved for that purpose. A family can access emergency respite care services for up to 30 days per calendar year based on need and availability of funds.
b. A family enrolled in the FSS Program may utilize the allocation of $500 for respite care per calendar year if funds are available. A priority is given to maintaining respite care services if program funds become limited.
c. A family enrolled in the FSS Program may utilize an allocation of up to $500 in other support services if funds are available, and the request for services is consistent with FSS Policy and Procedures.
d. A family may receive an additional allocation for respite care services, greater than the maximum annual amount in extraordinary circumstances. The FSS Coordinator will complete a Request for Supplemental Respite Care Allocation (FSS:008) as documentation of the family circumstances and need for additional respite care services. The Request for Supplemental Respite Care Allocation (FSS:008) must be approved by the FSS Advisory Committee and the Superintendent of the Board.
6. Payment for respite care services will reflect moderate and maximum levels of care, certified provider and family selected provider rates, out-of-home respite provider daily rates, and respite care rates for service provided to a family with more than one individual eligible for services.
a. In order to provide appropriate respite care for some individuals, two respite providers may be needed for each hour of respite care or a special reimbursement rate may be needed. In such cases, the family must request special consideration and the FSS Coordinator will document the need for services and the rate of reimbursement on the family's Contractual Agreement (FSS:003).
b. The rates reimbursed for respite care is $4.25 per hour.
c. The rates reimbursed for respite care provided at summer camp programs will be paid at the rates charged by those programs.
H. Identifying and Developing Respite Providers
1. Respite care providers will be identified through an application process that requires an interview, criminal background check and a minimum age requirement of 18 years old.
a. The interview will be an orientation to the program's purpose and explanation of responsibilities as an independent contractor to provide services for the Board.
b. A Respite Care Provider Contractual Agreement (FSS:014) is signed by the potential respite care provider as acknowledgement to accept the responsibility of providing services and to accept payment for services from the Board. The respite care provider assures to plan for the continuation of school, workshop, or other habilitation program during the performance of respite care. The Respite Care Provider Contractual Agreement (FSS:014) will be reviewed by the Board's Ethics Council for any conflict of interest per the Board Ethics Council Policy.
2. The family may recommend a respite care provider(s) to the Board for provision of in-home or out-of-home respite care.
a. The family shall sign a Request for Restricted Respite Care Provider (FSS:009) assuming responsibility for the health and safety needs of the individual(s) with the disability, waiving training or experience requirements as apply to Board certified respite providers, and assuring that no liability shall be incurred by the Board. The FSS Coordinator and Superintendent will sign the Request for Restricted Respite Care Provider (FSS:009) as acknowledgement of the agreement.
3. A list of certified respite care providers from the Board will be provided to families enrolled in the FSS Program.
a. A family determined eligible for Board services may request a list of certified respite care providers and have the option to private pay for the services and choose not to enroll in the FSS Program. The FSS Program will allow the benefit of access to the certified respite providers and it will be the expectation that the family will assume the full cost of the current certified provider hourly rates established by the Board.
b. The list of certified respite care providers will assure that services are not provided in a bed or facility that is funded according to section 5123.18 of the Ohio Revised Code or Title XIX of the Social Security Act.
c. A family will schedule a training session with a new certified provider to assist them with the selection of an appropriate provider and for orientation on care issues.
I. Certification of Respite Care Providers
1. The FSS Coordinator will recruit and make recommendations on potential providers for participation in certification training to the Superintendent. A Recommendation for Respite Care Provider Training (FSS:010) will require signatures of the FSS Coordinator and the Superintendent prior to participation in training.
2. Board certified respite care providers shall receive up to 40 hours of training including a supervised practicum, documented time spent with individuals with mental retardation and/or developmental disabilities and their families, CPR, and First Aid.
a. The FSS Coordinator shall recommend to the Superintendent if any or all of the training components shall be waived if documentation is received of equal training and/or experience. Equivalency in training and/or experience will be included on the Recommendation for Respite Care Provider Training (FSS:010).
b. Certified respite care providers must maintain current certification of CPR and First Aid at all times while under contract to provide respite care services for the Board. The FSS Coordinator is responsible for monitoring the renewal of necessary certifications and the documentation will be included in provider files.
c. The FSS Coordinator and Superintendent will sign a Documentation of Respite Care Provider Training (FSS:011) as evidence of compliance with training requirements at the completion of the certification process.
d. Certified respite care providers will be available to families enrolled in FSS as qualified to provide in-home respite care services. The certified providers are not to perform respite care services in their own homes without meeting the standards of out-of-home respite care provider certification.
3. Board certified out-of-home respite care providers are subject to applicable requirements of the Ohio Administrative Code 5123:2-12-01 (Supported Living Quality Assurance Standards) specific to housing, health, and safety requirements.
a. An initial on-site visit will be conducted by the FSS Coordinator prior to approving a Board certified provider's home for out-of-home respite care.
b. The FSS Coordinator will present a narrative report to the Superintendent of the requirements met and a recommendation as to approval for certification.
J. Direct Monitoring and Quality Control of Certified Respite Providers
1. The FSS Coordinator will conduct direct monitoring and assure quality control of Board certified respite care providers.
a. A Monitoring Survey (FSS:012) will be sent to the families and the certified providers from a significant sample of respite care sessions. The sample shall include the first respite session by each new certified respite care provider, and when a family utilizes a certified provider for the first time in their home. The FSS Coordinator will review all the Monitoring Surveys (FSS:012) and will follow up as necessary to any comments or concerns.
b. Informal personal contact and feedback received from families will be encouraged by the FSS Coordinator to monitor the daily program operations.
c. The FSS Coordinator will review any documented Unusual Incident or Major Unusual Incident Reports generated during the provision of respite care services.
d. The FSS Coordinator will gather information as a result of FSS needs assessments that will be specific to the Board certified respite care provider.
e. The FSS Coordinator will conduct periodic and ongoing follow up training specific to the initial certification training requirements for respite care providers.
f. The FSS Coordinator will conduct a periodic on-site visit at least annually to each certified out-of-home respite care provider in Coshocton County .
i. The FSS Coordinator will maintain a monitoring calendar to assure on-site visits occur prior to the end of the month annual review is due.
ii. The FSS Coordinator will document the completion of an on-site visit with a dated narrative summary.
g. The FSS Coordinator will conduct a periodic on-site visit to certified out-of-home respite care providers outside Coshocton County .
h. The FSS Coordinator will conduct an initial on-site visit before providing certification of out-of-home providers.
i. The FSS Coordinator will conduct monitoring visits to family homes to observe respite sessions that will be unannounced to the certified providers. A On-Site Monitoring Evaluation for In-Home Certified Providers (FSS:013) will be completed to document the observations. Monitoring visits will be conducted for each provider at least annually. The FSS Coordinator will coordinate this effort with the family that has scheduled the provider.
K. Denial of Requests for Services
1. The FSS Coordinator will inform a family in writing when requests for services are denied within seven working days after receiving the Request For Family Support Services (FSS:002). The family shall receive written information on the Administrative Resolution of Complaints and Due Process Rights Policy. This information shall be presented in the native language of the family or other mode of communication used by the family as needed unless it is clearly not feasible.
2. A denial shall be based on one of the following criteria:
a. The family is not eligible for FSS.
b. A provider is not available.
c. Funds are not available according to the FSS component of the Board's Annual Plan and FSS Policy and Procedures.
d. The requested service is not directly related to improving the living environment or facilitating the care of the individual who has mental retardation or other developmental disabilities.
L. Planning Process
1. The FSS Coordinator will conduct a needs assessment annually of families enrolled in the FSS Program. The purpose of this needs assessment is to determine if the FSS Program remains responsive to the families' funding needs.
a. Families will be surveyed for their current funding needs and priorities.
b. Families will be asked to indicate whether the manner in which the State FSS allocation is proportionately divided into the service categories is in accordance with the needs of the community.
c. Families will be asked their preferences on how the funding be administered, and an opportunity to share additional comments will be included on the needs assessment.
2. The FSS Coordinator will evaluate the FSS Program annually on the basis of data collected from the people served, families, providers, and the direct monitoring of providers.
a. The FSS Coordinator will present a report and recommendations resulting from the evaluation of the FSS Program to the Superintendent on an annual basis. This will be used for the development of goals and objectives for the FSS Program as part of the Board's Annual Plan.
M. Reports
1. The FSS Coordinator will submit written semi-annual reports to the Department on forms provided by the Department.
N. Advisory Committee
1. A committee of three parents/guardians/caretakers and one certified respite care provider shall be appointed to the FSS Advisory Committee by the Superintendent with notification to the Board.
a. Appointments to the FSS Advisory Committee will include the following types of representatives, whenever possible:
i. A parent/caretaker of a school aged individual eligible for Board services and enrolled in the FSS Program.
ii. A parent/caretaker of an adult individual eligible for Board services and enrolled in the FSS Program.
iii. A parent/caretaker of an individual eligible for Board services, enrolled in the FSS Program but not in any other Board Program.
iv. A certified respite care provider.
2. The FSS Advisory Committee will meet with the FSS Coordinator as needed to provide input as to provision of services, operational policies and procedures.
3. The FSS Advisory Committee will approve all new requests for services that are reimbursable under the category of Other Services.
a. The FSS Coordinator will present the family's Request for Family Support Services (FSS:002) to the FSS Advisory Committee for review. The FSS Advisory Committee must give approval to determine the service requested is directly related to improving the living environment of, or facilitating the care of the individual who has mental retardation and/or developmental disability.
b. Other Services that are considered reimbursable by the FSS Advisory Committee may be added to a list of Other Services that have been determined appropriate for approval, therefore enabling the FSS Coordinator to approve similar requests without presentation to the FSS Advisory Committee.
Forms used with this procedure:
FSS:001 Respite Care Fact Packet
FSS:002 Request for Family Support Services
FSS:003 Contractual Agreement
FSS:004 Income Certification
FSS:005 FSS Service Plan
FSS:006 Service Voucher
FSS:007 Respite Care Services Invoice
FSS:008 Request for Supplemental Respite Care Allocation
FSS:009 Request for Restricted Respite Care Provider
FSS:010 Recommendation for Respite Care Provider Training
FSS:011 Documentation of Respite Care Provider Training
FSS:012 Monitoring Survey
FSS:013 On-Site Monitoring Evaluation for In-Home Certified Providers
FSS:014 Respite Care Provider Contractual Agreement
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Policy for Fee Schedule/UCR Rates
Policy Number: 22.0
Ohio Revised Code Reference: 5126.045
Ohio Administrative Code Reference:
Adopted: 07-08-2004
Amended: 9/9/2004
The Coshocton County Board of MR/DD and all Board contract providers shall seek third party funding whenever possible, to maximize the utilization of resources provided by the local taxpayers and the community. Specifically, service for all eligible Families/Individuals, both Adults and Children, Medicaid and non Medicaid, must for be billed to private insurance and or Medicaid, when applicable. In the event that third party payors are unavailable, including but not limited to private insurance and Medicaid, approved service will then be funded through our Board resources. Specific funding source requirements regarding service eligibility, medical necessity, and proper documentation will be maintained to support the billing for reimbursement, when applicable. Services shall be billed to third party payors in accordance with the rate structure defined in Attachment 1.
The Coshocton County Board of MR/DD will retroactively bill third party payors effective January 1, 2004 .
The Board authorizes the Superintendent to develop and implement written procedures consistent with Board policy and applicable rules, regulations and statues that apply.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy Reference: Procedure for Fee Schedule/UCR Rates
Policy Number: 22.1
Ohio Revised Code Reference: 5126.045
Ohio Administrative Code Reference:
Superintendent Approved: 07-08-2004
Superintendent Amended:
I. FEES FROM THIRD PARTY PAYORS FOR SERVICES PROVIDED BY THE MRDD BOARD
Except as stated in these procedures, the Coshocton County Board of MRDD will make reasonable efforts to identify third party payors who may be available to provide payment for services provided to individuals by the Coshocton County Board of MRDD and to collect payment from such third party payors in accordance with the rate structure defined in Attachment 1.
II. INDIVIDUALS RECEIVING SERVICES FROM AN IEP
The Coshocton County Board of MRDD shall not seek reimbursement from third party payors for children, whether or not Medicaid eligible, for services which are included in an individual child's Individualized Education Program (IEP).
III. RATE STRUCTURE
The Rate Structure attached as Attachment 1 shall be used for billing third party payors which provide coverage to individuals or families receiving services from the Coshocton County Board of MRDD.
IV. DETERMINATION OF AVAILABLE THIRD PARTY PAYORS
A. Determinations of Third Party Payors which may be available for coverage of services provided by the Coshocton County Board of MRDD shall be made at the time of initial enrollment and repeated at least once per year thereafter at the time of the ISP team meeting.
B. All individuals or their families shall be instructed to notify the MRDD Board of any change in such third party payors.
V. REASONABLE EFFORTS TO SEEK REIMBURSEMENT
The Coshocton County Board of MRDD will be deemed to have made reasonable efforts to seek reimbursement if the
Coshocton County Board of MRDD submits claims to third party payors identified as available to the individual in accordance with procedures adopted by such payors. If the claim is denied, an appeal is not required if the Coshocton County Board of MRDD determines that there is no reasonable likelihood of success if an appeal were filed.
VI. RULES BY ODMRDD
These procedures are subject to rules promulgated by ODMRDD pursuant to ORC § 5126.045. In the event that ODMRDD adopts rules under ORC § 5126.045 and any part of this policy is inconsistent with such rules, the provisions of such rules shall apply.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Use of County Vehicles
Policy Number: 23.0
Ohio Revised Code Reference:
Ohio Administrative Code Reference:
Board Adopted:
Board Amended:
USE OF COUNTY VEHICLES
PURPOSE
1. Use of county motor vehicles shall be strictly controlled by the superintendent/designees and shall be restricted for official Board business purposes only.
2. Employees operating a motor vehicle are required to have a proper and valid Ohio motor vehicle operator's license which is appropriate for their position. New employees shall obtain the appropriate Ohio license prior to the appointment to the position. Applicants or employees shall be required to authorize by the superintendent to obtain a driver's abstract from the Bureau of Motor Vehicles.
3. An employee who operates a county vehicle shall exercise caution and responsibility and shall adhere to all safety regulations. Reckless or destructive operation of vehicles is grounds for disciplinary action including termination as outlined in these policies.
4. Any equipment or vehicular accident, including those involving two county vehicles, must be reported to the supervisor immediately.
5. Any citation received by an employee, who is operating a county vehicle, must be reported to the supervisor immediately.
6. Failure to report accidents, citations or equipment damage may result in disciplinary action.
7. Any Board employee operating a program vehicle shall be required to submit an annual test for chemical use/abuse. Fees for such testing shall be the responsibility of the Board in conjunction with its health care benefits plan.
8. Any Board employee operating a program vehicle shall provide an annual driver's abstract to the Superintendent by September 1 of each program year. (May be waived in writing by Superintendent for intermittent drivers.)
9. Any Board employee shall be subject to the right to operate program vehicles based on his/her driving record. An employee who has charged against him/her a total of eight (8) points or more within a period of two (2) years from the date of the first conviction shall be denied operation of any program vehicle.
Any employee with two (2) points shall require frequent checking during vehicle operation, four (4) points shall result in consultation with the supervisor, six (6) points will result in temporary suspension from driving for a period of ninety (90) days and eight (8) points will result in suspension from operating a program vehicle for a period of two (2) years.
MAINTENANCE OF POLICES
This policy shall be maintained on file in the administrative offices of the Board.
The Board authorizes the Superintendent to develop and implement written procedures consistent with Board policy and applicable rules, regulations and statutes.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Sexual Harassment Policy
Policy Number: 24.0
Ohio Revised Code Reference:
Ohio Administrative Code Reference:
Board Adopted: 09-09-2004
Board Amended:
SEXUAL HARASSMENT
PURPOSE
A. It is against the policy of Coshocton County Government and is illegal under state and federal law for any employee, male or female, to sexually harass another employee. This employer is committed to providing a workplace free from this unlawful conduct. It is a violation of this policy for an employee to engage in sexual harassment.
B. Sexual harassment is defined as any unwelcome sexual advance, request for sexual favor or other verbal or physical conduct of a sexual nature, when:
1. Submission to the conduct is made a condition of employment.
2. Submission to or rejection of the conduct is used as the basis for an employment decision; or
3. The conduct interferes with job performance or creates an intimidating, hostile or offensive working environment.
Sexual harassment does not refer to generally acceptable, pleasant, friendly or personal interactions, as long as no reasonable person is offended.
C. Sexually harassing behavior, whether committed by supervisors or non-supervisory personnel, is prohibited. This behavior includes, but is not limited to:
1. Repeated unwelcome or offensive sexual flirtations, advances or propositions.
2. Verbal abuse of a sexual nature.
3. Graphic or degrading verbal comments about an individual or his/her appearance.
4. The display or distribution of sexually suggestive objects or pictures.
5. Unwelcome or offensive verbal or written communication of sexually suggestive material including "jokes".
6. Any unwelcome or offensive physical contact.
D. The County neither condones nor tolerates sexual harassment in the workplace, whether committed by supervisory or non-supervisory employees or the public. No one is permitted to imply or threaten that cooperation or refusal of advances of a sexual nature will have any effect on an individual's status, advancement, assignment, career development, compensation or any other term or condition of employment.
E. The responsibility for administering and complying with this policy has been delegated and communicated to all levels of management. Supervisors and other management employees will ensure that all employees are aware of the policy against sexual harassment and that adequate procedures are in place to facilitate prompt reporting, investigation and remedial action.
F. A supervisor or management employee who observes any behavior that could be interpreted as sexual harassment is responsible for taking prompt action to stop the behavior.
G. Every effort will be made to protect the rights of both the accuser and the accused throughout the investigation of a complaint.
MAINTENANCE OF POLICES
This policy shall be maintained on file in the administrative offices of the Board.
The Board authorizes the Superintendent to develop and implement written procedures consistent with Board policy and applicable rules, regulations and statutes.
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Coshocton County Board of
Mental Retardation and Developmental Disabilities
Policy: Sexual Harassment Procedures
Policy Number: 24.1
Ohio Revised Code Reference:
Ohio Administrative Code Reference:
Superintendent Adopted: 09-09-04
Superintendent Amended:
SEXUAL HARASSMENT PROCEDURE
Whenever an employee believes he/she is a victim of sexual harassment, the following investigation procedure is to be followed:
1. An employee who believes that he/she is a victim of sexual harassment may contact any supervisory employee or Appointing Authority to file a complaint. Supervisors are required to immediately notify the Appointing Authority or his/her designee who will order a thorough investigation.
2. If the supervisor is the subject of the complaint, the Appointing Authority should be notified. If the Appointing Authority is the subject of the complaint, the Prosecutor should be notified and will conduct the investigation. If the Prosecutor is the subject of the complaint, the Coroner should be notified and will conduct the investigation.
3. When the supervisory authority, as identified in number 2 above, is advised of alleged sexual harassment either on the basis of a written or verbal report, a thorough investigation will be made in the following manner:
a. The complaint will be documented by the supervisory authority, either in writing or on audio tape. The report will include a factual description of the incident(s) and any possible witnesses. The complainant is not required to file a written report.
b. There will be no reprisals against any employee for making a report of sexual harassment or for participating in an investigation.
c. Every effort will be made to keep the complaint confidential, except as required by law and as may be reasonably necessary to successfully complete the investigation.
d. If the investigator, after a discussion with the complainant and such witnesses as the investigator deems necessary, finds that the complaint is credible and may constitute sexual harassment, the alleged offender will be advised of the complaint and given an opportunity to respond and provide any additional witness names.
e. If, at the conclusion of the investigation, the investigator has reason to believe the reported acts did occur, the Appointing Authority will advise the employee that the conduct is improper and in violation of federal and state law as well as County policy and the employee will be subject to disciplinary action, up to and including termination.
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Policy #26 Payer of Last Resort
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