Ohio's Families and Children Rule Review Site

5101:2-5-04.1 Acceptance of accreditation in lieu of certification requirements.

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

Please Note: This rule is being reviewed due to a 5 year rule review.

(A) The Ohio department of job and family services (ODJFS) may consider an agency to have met a certification requirement if the agency can document to the satisfaction of ODJFS that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.

(B) The agency requesting such consideration shall submit a written request to the assigned ODJFS district office licensing specialist at the time of application for initial certification or at recertification, with the following documentation:

(1) A copy of the certificate, license or award letter of accreditation.

(2) A copy of the written accreditation report.

(3) A copy of any corrective action plans and the approval from the accreditation organization of such plans.

(4) Specific documentation on which certification requirements are met by accreditation, including a copy of the standards met.

(C) If the accreditation organization does not have a comparable standard to an ODJFS certification requirement, the agency shall meet the ODJFS certification requirement.

(D) The acceptance of accreditation in lieu of an ODJFS certification requirement is restricted to the accreditation period or current ODJFS certificate, whichever expires first.

(E) The acceptance of accreditation in lieu of an ODJFS certification requirement rests solely at the discretion of ODJFS. The refusal of ODJFS to accept accreditation, in whole or in part, shall be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.

Effective: 04/15/2013
R.C. 119.032 review dates: 12/27/2012 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.03
Prior Effective Dates: 9/18/96, 9/1/02, 10/8/07
2I Agree3I Disagree
may
Mark Mecum
12-15-2017 (3:19pm)
Change to shall. The rule already says the documentation of deemed status must meet satisfaction of ODJFS. Keeping "may" conveys that deemed status applications/requests may be categorically denied even if the private agency did everything right and to the satisfaction of ODJFS.
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In regards to: may
1I Agree3I Disagree
Specific documentation on which certification requirements are met by accre...
Mark Mecum
12-15-2017 (3:22pm)
This sentence should be deleted. It should not be a burden for the private agency to show ODJFS specific documentation. ODJFS should be responsible for maintaining a crosswalk of ODJFS rules with accreditation standards set forth by CARF, COA, and Joint Commission. Therefore ODJFS should already have this documentation on hand and would simply be verifying that the private agency is nationally accredited and is seeking deemed status for a standard that is on the ODJFS crosswalk list.
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In regards to: Specific documentation on which certification requirements are met by accreditation, including a copy of the standards met.
1I Agree3I Disagree
(E) The acceptance of accreditation in lieu of an ODJFS certification requi...
Mark Mecum
12-15-2017 (3:28pm)
This whole section E should be deleted. The first sentence is redundant because section A already says the deemed status requested must be documented to its "satisfaction". Further, denial of deemed status should be subject to Chapter 119 rights. This rule has existed for 21 years and ODJFS, to my knowledge, has only deemed one agency per this rule, and only on one standard (maintaining copies of Board minutes). Clearly, something wrong is happening. If ODJFS is to follow the spirit and intent of the legislation that enacted this deemed status program (see ORC 5103.03) it must create a reasonable path forward for agencies to apply for deemed status in a way in which the request is not categorically denied.
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In regards to: (E) The acceptance of accreditation in lieu of an ODJFS certification requirement rests solely at the discretion of ODJFS. The refusal of ODJFS to accept accreditation, in whole or in part, shall be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.