OhioMHAS Prevention Services Rule (5122-29-20) Proposed to be Rescinded

The Ohio Department of Mental Health & Addiction Services (OhioMHAS) has released a proposal to eliminate the Prevention Services rule (5122-29-20).  After a review of Ohio’s prevention regulations and a discussion with the department, the intent of this rule rescission was to make prevention services easier to deliver by reducing the regulatory requirements while still promoting quality.  Director Cornyn was clear that Governor DeWine remains steadfastly committed to expanding prevention services and prevention funding. 

The current prevention services rule creates an unequal regulatory environment in that it exempts certain entities (i.e. health departments, schools, FCFCs, and certain faith-based entities) from the OhioMHAS certification, which permits ADAMHS Boards and the state to fund them.  The current rule was set to require prevention coalitions to have OhioMHAS certification by July 1, 2025, and the previous proposed rule was set to exempt coalitions (Boards) from OhioMHAS certification.  This would have meant only community MH and community SUD providers would be required to have national accreditation and state certification to provide and be paid for prevention services.    

Removing this rule serves to create a level playing field for prevention services.  Other sections of the Ohio Revised Code remain and fully support prevention services. 

The Ohio Council understands there is concern that rescinding this rule may jeopardize commitment to prevention services or funding for prevention.  However, prevention is mandated in ORC 340.032 as a required element in the continuum of care that ADAMHS Board must plan for, and fund, to the degree funding is available.  Under ORC 340.036, ADAMHS Boards may contract with entities for service and must contract with OhioMHAS certified entities if OhioMHAS certification exists. Rescinding this prevention rule, which created exemptions to certification and therefore funding without certification, only creates a clear and level playing field.

Further, OhioMHAS has included language in HB 96, the SFY 26-27 state operating budget, (Section 337.20) pending before the Ohio General Assembly, that provides funding for a prevention state block grant and includes language that requires use of evidence-based or evidence-informed preventions services as a condition of receiving funds through an ADAMHS Board which is consistent with the existing rule. All these statutory provisions preserve prevention services across the system and ensure a continued focus on the quality of prevention services.

The Ohio Council’s CSI prevention services rule comments are included for your reference.