Ohio Revised Code

Ohio Rev. Code § 5123.351 (2026)

Eligibility for state reimbursement of expenses incurred by facilities and programs

✓ current as of May 2026
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The director of developmental disabilities, with respect to the eligibility for state reimbursement of expenses incurred by facilities and programs established and operated under Chapter 5126. of the Revised Code for persons with developmental disabilities, shall do all of the following:

(A) Make rules that may be necessary to carry out the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised Code;

(B) Define minimum standards for qualifications of personnel, professional services, and in-service training and educational leave programs;

(C) Review and evaluate community programs and make recommendations for needed improvements to county boards of developmental disabilities and to program directors;

(D) Withhold state reimbursement, in whole or in part, from any county or combination of counties for failure to comply with Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code or rules of the department of developmental disabilities;

(E) Withhold state funds from an agency, corporation, or association denying or rendering service on the basis of race, color, sex, religion, ancestry, national origin, disability as defined in section 4112.01 of the Revised Code, or inability to pay;

(F) Provide consultative staff service to communities to assist in ascertaining needs and in planning and establishing programs.

Notes of Decisions
Cited in 4 cases, 1982–1993 · leading case: Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993).
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Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). · cites it 2× “Pursuant to Ohio Rev.Code § 5123.351(H), defendant Manuel shall provide state funds to county BMR/DDs for special programs or projects he considers necessary, but for which local funds are not available.”
In Re Parker, 453 N.E.2d 1285 (Ohio Ct. App. 1982). · cites it 2× “02 and R.C. 5123.351 particularly, required the ODMRDD to provide services to the mentally retarded and developmentally disabled citizens of the state of Ohio.”
Jackson Cnty. Bd. of Mental Retardation & Developmental Disabilities v. Bd. of Cnty. Commissioners, 551 N.E.2d 133 (Ohio 1990). · cites it 5× “As the court of appeals noted, R.C. 5123.351 provides for state funding when local funding for MRDD programs is unavailable: “The director of mental retardation and developmental disabilities with respect to the eligibility for state reimbursement of expenses incurred by…”
State Ex Rel. Cottrill v. Meigs Cnty. Bd. of Mental Retardation & Developmental Disabilities, 621 N.E.2d 728 (Ohio Ct. App. 1993). · cites it 9× “ODMRDD assigns the following error: “FIRST ASSIGNMENT OF ERROR “The trial court erred when it found that R.C. § 5123.351 creates a nondiscretionary duty in the director of ODMRDD to provide funding on demand for MRDD boards whenever local funding sources are insufficient.”
— Ohio Rev. Code § 5123.351(G) — 2 cases
State Ex Rel. Cottrill v. Meigs Cnty. Bd. of Mental Retardation & Developmental Disabilities, 621 N.E.2d 728 (Ohio Ct. App. 1993). “ODMRDD assigns the following error: “FIRST ASSIGNMENT OF ERROR “The trial court erred when it found that R.C. § 5123.351 creates a nondiscretionary duty in the director of ODMRDD to provide funding on demand for MRDD boards whenever local funding sources are insufficient.”
Jackson Cnty. Bd. of Mental Retardation & Developmental Disabilities v. Bd. of Cnty. Commissioners, 551 N.E.2d 133 (Ohio 1990). “As the court of appeals noted, R.C. 5123.351 provides for state funding when local funding for MRDD programs is unavailable: “The director of mental retardation and developmental disabilities with respect to the eligibility for state reimbursement of expenses incurred by…”
— Ohio Rev. Code § 5123.351(H) — 1 case
Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993). “Pursuant to Ohio Rev.Code § 5123.351(H), defendant Manuel shall provide state funds to county BMR/DDs for special programs or projects he considers necessary, but for which local funds are not available.”
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