OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 105 Bill Analysis
135th General Assembly
Click here for S.B. 105’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Johnson and Sykes
Effective date:
Erika Kramer, Attorney
SUMMARY
Withdrawal from a joint-county district
 Requires a board of county commissioner’s comprehensive plan for withdrawal from a
joint-county alcohol, drug addiction, and mental health service district (“joint-county
district”) to include additional information about the new district and its continuation of
services.
 Requires the Director of the Ohio Department of Mental Health and Addiction Services
(OhioMHAS) to approve the comprehensive plan within one year from the date the
board adopts the resolution to withdraw.
Composition and appointment of ADAMHS boards
 Modifies the composition and appointment of boards of alcohol, drug addiction, and
mental health services (ADAMHS boards) as follows:
 Permits ADAMHS boards to have 18, 15, 14, 12, or 9 members, instead of only 18 or
14.
 Expands the appointment authority of boards of county commissioners to two-thirds
of ADAMHS board seats, and, proportionally reduces the appointment authority of
the OhioMHAS Director to one-third of ADAMHS board seats.
 Modifies the qualifications ADAMHS board members must have to hold a board seat
by requiring one-half of board members to be current or former recipients of mental
health or addition services, or to be the parents or other relatives of such a person.
 Permits the appointing authority to remove an ADAMHS board member at will, instead
of for enumerated causes, and specifies that the pre-removal hearing be public.
May 1, 2023
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Executive director
 Clarifies that the current authority of an ADAMHS board to remove its executive director
for cause applies at any time, contingent upon any written contract between the board
and the executive director.
Medicaid recipients
 Requires OhioMHAS and the Ohio Department of Medicaid (ODM) to adopt rules
establishing requirements and procedures for the exchange of Medicaid recipient data
between ADAMHS boards and ODM.
Authority of ADAMHS boards
 Requires ADAMHS boards to provide input and recommendations to OhioMHAS for
provider applications or renewals or if a provider is being investigated if the board is
aware of information that would be beneficial to the matter.
 Removes the current dispute resolution process required if a party to a contract with an
ADAMHS board seeks to terminate the contract and instead requires the contract terms
to include a process by which the board can terminate the contract early.
 Clarifies that although ADAMHS board contracts are exempt from state contract
competitive bidding requirements, an ADAMHS board can choose to use a process for
selecting and entering into contracts based on a competitive or other basis.
 Eliminates the requirement that ADAMHS boards take certain actions based on data in
monthly reports from community addiction services providers, made available to the
boards by OhioMHAS.
 Removes obsolete provisions describing past local and statewide reports regarding each
ADAMHS board’s work on the existing county hub program to combat opioid addiction.
Monitoring of recovery housing residences
 Requires OhioMHAS to monitor the operation of recovery housing residences by either
establishing a certification process through OhioMHAS or accepting accreditation, or its
equivalent, from outside organizations specified in the bill.
 Beginning January 1, 2025, prohibits the operation of a recovery housing residence
unless the residence is certified or accredited, as applicable, or actively in the process of
obtaining certification or accreditation.
 Makes violation of the prohibition a first degree misdemeanor.
 Requires OhioMHAS to establish and maintain a registry of recovery housing residences.
Terminology regarding alcohol use disorder
 Replaces Revised Code references to “alcoholism” with “alcohol use disorder”;
eliminates references to “alcoholic.”
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 Repeals an obsolete statute referring to alcohol treatment and control regions, which
were abolished in 1990.
DETAILED ANALYSIS
Overview
Boards of alcohol, drug addiction, and mental health services (ADAMHS boards) are
local boards that plan for mental health and addiction services locally and contract with
providers for prevention, treatment, and recovery supports for individuals in need.1 The bill
makes changes to the composition and authority of those boards.
Current law requires an alcohol, drug addiction, and mental health service district to be
established in any county, or combination of counties, with a population of 50,000 or more,
subject to the approval of the Director of the Ohio Department of Mental Health and Addiction
Services (OhioMHAS).2 A service district comprised of one county is referred to as a “single-
county district”; a service district comprised of more than one county is referred to as a “joint-
county district.” Each service district must establish an ADAMHS board.
Withdrawal from a joint-county district
The bill establishes additional requirements for the comprehensive plan a board of
county commissioners must submit when requesting withdrawal from a joint-county district.
Currently, the board of county commissioners of any county in a joint-county district may
request withdrawal from the service district by submitting to the OhioMHAS Director, the
impacted ADAMHS board, and the boards of county commissioners of each county in the
district a resolution requesting withdrawal from the district with a comprehensive plan for the
withdrawal. The plan must provide for the equitable adjustment and division of all district
services, assets, property, debts, and obligations.
The bill requires the comprehensive plan for withdrawal to include the following
additional information:
 Proposed bylaws for the operation of the new district;
 A list of potential board members;
 A list of the behavioral health services available in the new district, including inpatient,
outpatient, prevention, and housing services;
 A plan ensuring no disruption in behavioral health services in the new district; and
 Provision for employing an executive director of the new district.
1ADAMHS boards, also available by conducting a keyword search for “ADAMH boards” on OhioMHAS’
website: mha.ohio.gov.
2 R.C. 340.01(B).
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It also sets a deadline by which the OhioMHAS Director must approve the
comprehensive plan for withdrawal. Specifically, the plan must be approved within one year of
the date the resolution to withdraw was adopted by the board of county commissioners.3
ADAMHS board membership
The bill makes a number of changes relating to the composition and appointment of
ADAMHS board members. As part of those changes, the bill includes associated revisions to
eliminate outdated references to dates and prior versions of the statute and to make other
adjustments related to statutory reorganization.
Number of board members
The bill creates additional options for the size of ADAMHS boards, which currently can
have 18 or 14 members, and allows the size of the boards to be later revised. Former law,
which established ADAMHS boards with 18 members, was amended to permit the boards to
elect to reduce to 14 members before September 30, 2013. To reduce size in a single-county
district, an ADAMHS board was required to notify the board of county commissioners and
receive that board’s approval. In a joint-county district, a proposed reduction could not occur if
the proposal was rejected by a majority of the boards of county commissioners. The ADAMHS
board and the one or more boards of county commissioners were required to notify OhioMHAS
of an election to reduce to a 14-member board by January 1, 2014. If notice was timely
provided, the ADAMHS board seats reduced from 18 to 14 by attrition as current members’
terms expired.4
Under the bill, a new ADAMHS board may be established with any of the following
number of members:
 18 members;
 15 members;
 14 members;
 12 members; or
 9 members.
Similarly, an ADAMHS board that exists on the bill’s effective date can continue as an
18-member or 14-member board, or can elect to change to 18, 15, 14, 12, or 9 members.
In a single-county district, the size of the ADAMHS board is determined by the board of
county commissioners of the county that constitutes the district. In a joint-county district, the
size of the board is determined jointly by all of the boards of county commissioners that
constitute the district.
3 R.C. 340.01(B).
4 R.C. 340.02.
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To establish a new ADAMHS board or change the size of an existing ADAMHS board, the
one or more relevant boards of county commissioners must adopt a resolution specifying the
selected size and notify OhioMHAS of the selection. After the first determination, a resolution
regarding an ADAMHS board’s size cannot be adopted more than once every four calendar
years. Before adopting a resolution to change the size of an ADAMHS board, the board or
boards of county commissioners must send a representative to a meeting of the impacted
ADAMHS board to solicit feedback about the matter and consider the feedback.5
Appointment of board members
The bill expands the appointment authority of boards of county commissioners to
two-thirds of ADAMHS board seats and, proportionally, reduces the appointment authority of
the OhioMHAS Director to one-third of the seats. Under current law, the board or boards of
county commissioners appoint ten members of 18-member ADAMHS boards and eight
members of 14-member boards. The OhioMHAS Director appoints eight members of 18-
member boards and six members of 14-member boards.6
Qualifications of board members
The bill modifies qualification requirements ADAMHS board members must meet to
hold a board seat. Under current law, the OhioMHAS Director must ensure that each board has
the following:
 At least one member who is a clinician with experience in the delivery of mental health
services;
 At least one member who is a person who has received or is receiving mental health
services;
 At least one member who is a parent or other relative of a person who has received or is
receiving mental health services;
 At least one member who is a clinician with experience in the delivery of addiction
services7;
 At least one member who is a person who has received or is receiving addition services;
and
 At least one member who is a parent or other relative of a person who has received or is
receiving addiction services.
The bill modifies the board-membership standards by requiring one-half of ADAMHS
board members to meet at least one of the following qualifications: the member must be a
5 R.C. 340.02(A) and (B).
6 R.C. 340.02(C).
7 Both clinician requirements can be met by the same individual if the individual has the requisite
experience.
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person who has received or is receiving mental health services or addiction services or be the
parent or relative of such a person. The bill makes all appointing authorities – both the
OhioMHAS Director and boards of county commissioners – responsible for ensuring these
membership requirements are met. The qualifications for the remaining one-half of a board’s
members are no longer specified and, therefore, are subject to the discretion of the appointing
authorities.8
Removal of board members
The bill permits the appointing authority to remove an ADAMHS board member at will,
and it specifies that the pre-removal hearing must be public. Current law permits the
appointing authority to remove a board member for neglect of duty, misconduct, or
malfeasance in office.9
Board duties
The bill expands and modifies the duties of ADAMHS boards. First, regarding the existing
duty that boards promote, arrange, and implement working agreements with social agencies,
the bill specifies that the duty includes other government programs that provide public
benefits, and that such agreements are to coordinate public benefits and improve the
management and administration of the programs. Also, the bill clarifies that the existing
reference to “social agencies” is a reference to social “service” agencies.
Second, the bill requires ADAMHS boards to provide input and recommendations to
OhioMHAS when a service provider has submitted an application for initial certification or
renewal or when a provider is being investigated by OhioMHAS. This is to occur if the board is
aware of information that would be beneficial to the matter.10
Medicaid recipients
The bill requires OhioMHAS and the Ohio Department of Medicaid (ODM) to adopt rules
establishing requirements and procedures for the exchange of Medicaid recipient data between
ADAMHS boards and ODM to (1) coordinate public benefits, (2) improve the management and
administration of Medicaid and other public assistance programs offering addiction or mental
health services, and (3) to ensure that the essential elements of a board’s continuum of care
are available to persons seeking addiction or mental health services.11
8 R.C. 340.02(C).
9 R.C. 340.02(C).
10 R.C. 340.03.
11 R.C. 340.035 and 5160.45.
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As Introduced
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Executive director
The bill specifies that the current authority of an ADAMHS board to remove its executive
director for cause applies at any time, contingent upon any written contract between the board
and the executive director.12
Contracts with providers
The bill removes the current dispute resolution process required if a party to a contract
with an ADAMHS board seeks to terminate the contract. Current law requires ADAMHS boards
to contract with facilities and providers relating to the provision of addiction services, mental
health services, and recovery supports, and imposes a specific dispute resolution process that
must be followed if a party to the contract proposes to not renew the contract. In place of the
current dispute resolution process, the bill requires the contract terms to include a process by
which the board can terminate the contract early for any cause the board considers necessary
and a process by which a provider can appeal the board’s decision.13
The bill clarifies that although current law exempts ADAMHS board contracts from state
contract competitive bidding requirements, an ADAMHS board can choose to establish and use
a process for selecting and entering into contracts on a competitive basis or any other basis the
board considers appropriate.14
Monthly reporting
The bill eliminates the current requirement that ADAMHS boards take certain actions
based on data in monthly reports from community addiction services providers, made available
to the boards by OhioMHAS.
Under current law, unchanged by the bill, a community addiction services provider must
report monthly to OhioMHAS specified data and information regarding individuals on the
provider’s wait list. It further requires OhioMHAS to make the reports available electronically to
ADAMHS boards, in a manner that provides information about an individual to the individual’s
ADAMHS board.15 The bill, however, eliminates the requirements that each ADAMHS board:
1. Acknowledge to OhioMHAS that the board has received and r