RULE MEMORANDUM
Date: July 24, 2015
To: Interested Constituents
From: Howard Henry, Staff Counsel
Subject: Proposed Rule Amendments for:
o 5122-27 Minimum Requirements for Integrated Clinical Records
o 3793:2-1 Alcohol and Drug Addiction Programs
The Ohio Department of Mental Health and Addiction Services (OhioMHAS) is proposing the following Ohio Administrative Code rule actions. Please review these draft proposed rule actions and provide any comments you may have by August 14, 2015. Comments will automatically be forwarded to the Common Sense Initiative Office.
Pursuant to the requirements of EO 2011-01K and Senate Bill 2 of the 129th General Assembly, which requires state agencies, including OhioMHAS, to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community (as defined by SB2), and provide opportunity for the affected public to provide input on the rules.
OhioMHAS is proposing to consolidate the client records rules of OAC chapters 5122-27 and 3793:2-1. Due to the amount of the changes to OAC 5122-27, all rules in the chapter are being rescinded and filed as new rules. The proposed rule actions are listed below.
The rules have been submitted to the CSI office for review; and comments regarding the rules can be submitted through the link on the OhioMHAS website. Comments submitted through the link will be sent to OhioMHAS and the CSI office. Comments may be sent directly to or .
Rule Number / Title / New, Amended, No Change or Rescinded Rule / Summary of Major Proposed Changes/Rule Subject5122-27-01 / Applicability. / · New / · This rule sets forth the providers and services the client records requirements apply to, and modifies the requirements for some services for which the general requirements would not be applicable.
5122-27-02 / Individual client record requirements. / · New / · This rule sets forth the specific requirements for each client’s record. The client record is to include such items as documentation of consent and acknowledgment of notification costs.
5122-27-03 / Treatment planning. / · New / · This rule sets forth the requirement that each client shall have a individualized treatment plan (ITP). The ITP is developed in cooperation with the client and has a minimum amount of information regarding treatment as specified by the rule. The rule also sets forth specific time lines for developing the initial ITP and reviewing the ITP on a periodic basis.
5122-27-04 / Progress notes. / · New / · This rule sets forth the requirements for progress notes to be entered into the client record. Progress notes document the provision of individual services when the service is provided or on a daily to weekly basis.
5122-27-05 / Discharge summary. / · New / · This rule sets forth the requirements for discharge summaries.
5122-27-06 / Release of information. / · New / · This rule sets forth the requirements under which client information can be released and the authorization that a provider must obtain prior to releasing information.
5122-27-07 / AoD level of care protocols. / · New / · This rule sets forth AoD specific level of care protocols. While the goal is to integrate MH and AoD aspects, this is an area in which the separation is still necessary. A future version of this Chapter will integrate both MH and AoD level of care. The rule requires the use of American Society of Addiction Medicine (ASAM) criteria for determining the level of care for clients.
3793:2-1-05 / Clinical management. / · Rescinded / · Rescinded
3793:2-1-06 / Client records. / · Rescinded / · Rescinded
Ohio Department of Mental Health and Addiction Services
Page 3 of 3