5126.18 Payments to county board.
5126.18 Payments to county board.
(A) As used in this section:
(1) “County board” means a county board of developmental disabilities.
(2) Notwithstanding section 5126.01 of the Revised Code, “adult services” means the following services, as they are identified on individual information forms submitted by county boards to the department of developmental disabilities, provided to an individual with mental retardation or other developmental disability who is at least twenty-two years of age:
(a) Assessment;
(b) Home service;
(c) Adult program;
(d) Community employment services;
(e) Retirement.
(3) “Adult services enrollment” means a county board’s average daily membership in adult services, exclusive of such services provided to individuals served solely through service and support administration provided pursuant to section 5126.15 of the Revised Code or family support services provided pursuant to section 5126.11 of the Revised Code.
(4) “Taxable value” means the taxable value of a county board certified under division (B)(1) of this section.
(5) “Per-mill yield” of a county board means the quotient obtained by dividing (a) the taxable value of the county board by (b) one thousand.
(6) “Local adult services cost” means a county board’s expenditures for adult services, excluding all federal and state reimbursements and subsidy allocations received by such boards and expended for such services, as certified under section 5126.12 of the Revised Code.
(7) “Statewide average millage” means one thousand multiplied by the quotient obtained by dividing (a) the total of the local adult services costs of all county boards by (b) the total of the taxable values of all county boards.
(8) “County yield” of a county board means the product obtained by multiplying (a) the statewide average millage by (b) the per-mill yield of the county board.
(9) “County yield per enrollee” of a county board means the quotient obtained by dividing (a) the county yield of the county board by (b) the adult enrollment of the county board.
(10) “Statewide yield per enrollee” means the quotient obtained by dividing (a) the sum of the county yields of all county boards by (b) the sum of the adult enrollments of all county boards.
(11) “Local tax effort for adult services” of a county board means one thousand multiplied by the quotient obtained by dividing (a) the local adult services cost of the county board by (b) the taxable value of the county board.
(12) “Funding percentage” for a fiscal year means the percentage that the amount appropriated to the department for the purpose of making payments under this section in the fiscal year is of the amount computed under division (C)(3) of this section for the fiscal year.
(13) “Funding-adjusted required millage” for a fiscal year means the statewide average millage multiplied by the funding percentage for that fiscal year.
(B)(1) On the request of the director of developmental disabilities, the tax commissioner shall provide to the department of developmental disabilities information specifying the taxable value of property on each county’s tax list of real and public utility property and tax list of personal property for the most recent tax year for which such information is available. The director may request any other tax information necessary for the purposes of this section.
(2) On the request of the director, each county board shall report the county board’s adult services enrollment and local adult services cost.
(C) Each year, the department of developmental disabilities shall compute the following:
(1) For each county board, the amount, if any, by which the statewide yield per enrollee exceeds the county yield per enrollee;
(2) For each county board, the amount of any excess computed under division (C)(1) of this section multiplied by the adult services enrollment of the county board;
(3) The sum of the amounts computed under division (C)(2) of this section for all county boards.
(D) From money appropriated for the purpose, the department shall provide for payment to each county board of the amount computed for that county board under division (C)(2) of this section, subject to any reduction or adjustment under division (E), (F), or (G) of this section. The department shall make the payments in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, thirty-first day of December, thirty-first day of March, and thirtieth day of June.
(E) If a county board’s local tax effort for adult services is less than the funding-adjusted required millage, the director shall reduce the amount of payment otherwise computed under division (C)(2) of this section so that the amount paid, after the reduction, is the same percentage of the amount computed under division (C)(2) of this section as the county board’s local tax effort for adult services is of the funding-adjusted required millage.
If the director reduces the amount of a county board’s payment under this division, the department, not later than the fifteenth day of July, shall notify the county board of the reduction and the amount of the reduction. The notice shall include a statement that the county board may request to be exempted from the reduction by filing a request with the director, in the manner and form prescribed by the director, within twenty-one days after such notification is issued. The board may present evidence of its attempt to obtain passage of levies or any other extenuating circumstances the board considers relevant. If the county board requests a hearing before the director to present such evidence, the director shall conduct a hearing on the request unless the director exempts the board from the reduction on the basis of the evidence presented in the request filed by the board. Upon receiving a properly and timely filed request for exemption, but not later than the thirty-first day of August, the director shall determine whether the county board shall be exempted from all or a part of the reduction. The director may exempt the board from all or part of the reduction if the director finds that the board has made good faith efforts to obtain passage of tax levies or that there are extenuating circumstances.
(F) If a payment is reduced under division (E) of this section and the director does not exempt the county board from the reduction, the amount of the reduction shall be apportioned among all county boards entitled to payments under this section for which payments were not so reduced. The amount apportioned to each county board shall be proportionate to the amount of the board’s payment as computed under division (C)(2) of this section.
(G) If, for any fiscal year, the amount appropriated to the department for the purpose of this section is less than the amount computed under division (C)(3) of this section for the fiscal year, the department shall adjust the amount of each payment as computed under divisions (C)(2), (E), and (F) of this section by multiplying that amount by the funding percentage.
(H) The payments authorized by this section are supplemental to all other funds that may be received by a county board. A county board shall use the payments solely to pay the nonfederal share of medicaid expenditures that sections 5126.059 and 5126.0510 of the Revised Code require the county board to pay.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
Effective Date: 09-26-2003; 2007 HB119 06-30-2007