Rules Under Development 

Proposed Rule Actions For Review and Comment

The Department is seeking your comments on the following proposed rule actions.

A coalition of people with disabilities, family members, and organizations representing guardians, county boards, providers, and the Ohio Department of Developmental Disabilities has been working to fix Ohio's waiting list for Home and Community-Based Services waivers.  The Fix The List coalition includes:

  • Advocacy and Protective Services, Inc.
  • The Arc of Ohio
  • Autism Society of Ohio
  • Ohio Association of County Boards Serving People with Developmental Disabilities
  • Ohio Developmental Disabilities Council
  • Ohio Olmstead Task Force
  • Ohio Provider Resource Association
  • Ohio Self Determination Association
  • Ohio Superintendents of County Boards of Developmental Disabilities
  • People First of Ohio
  • The YMCA

The goal of Fix The List is to simplify the system to better reflect unmet needs and more efficiently direct supports to people and families who need them most.  As a result of this collaborative effort, the Department is proposing to rescind existing rule 5123:2-1-08 (Waiting Lists) which sets forth requirements for waiting lists established by a county board of developmental disabilities pursuant to Section 5126.042 of the Revised Code for Medicaid Home and Community-Based Services waivers and for non-Medicaid services.  Provisions for waiting lists will instead be addressed in two rules:

  • New rule 5123-9-04 (Home and Community-Based Services Waivers - Waiting List) will address the waiting list for Medicaid Home and Community-Based Services waivers.
  • Provisions regarding waiting lists for non-Medicaid services will be incorporated to rule 5123:2-1-02 (Administration and Operation of County Boards of Developmental Disabilities).  Although the Department will be rescinding existing rule 5123:2-1-02 and adopting a new replacement rule, a version that indicates, via underline and strikethrough, the revisions being made is provided so stakeholders can readily see what is changing.  In addition to adding provisions regarding waiting lists for non-Medicaid services, rule 5123:2-1-02 is being revised to:
    • Recognize the Department's role as lead agency for Early Intervention services;
    • Add provisions regarding enrollment of staff in Rapback, annual notification to staff of conduct for which they may be placed on the Abuser Registry, and background checks for volunteers;
    • Add a requirement for county boards to update information about individuals served; and
    • Align terms and definitions with those used in newer rules.

Please send your comments to by Wednesday, February 28.

Public Hearings Scheduled for Proposed Rules

The Department has given notice of its intent to adopt/rescind/amend the following rules and to conduct a public hearing thereon.  The public hearing will be held on the date specified.

       [None at this time.]

Proposed Rules Slated for JCARR Meeting Agenda

The following rule actions are slated for the Joint Committee on Agency Rule Review (JCARR) meeting agenda on the date specified.

        [None at this time.]

Proposed Rules Designated "To Be Refiled"

The Department has designated the following rule actions "To Be Refiled" to afford time for additional dialogue with stakeholders.

The Department is rescinding rule 5123:2-3-18 (Calculation of Room and Board Payment for an Individual Residing at a Residential Facility) and adopting a new replacement rule 5123:2-3-11 (Licensed Residential Facilities - Room and Board).  The rule establishes standards and procedures for determining the amount of earned income and unearned income retained by an individual as personal funds and the amount of room and board for which an individual is responsible when residing in a licensed residential facility other than an Intermediate Care Facilitiy for Individuals with Intellectual Disabilities. 

Effective Dates for Newly Adopted/Amended Rules

The following rules will be effective on the date specified.

February 15, 2018

5123:2-7-12 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Cost Report and Chart of Accounts) with Appendix

5123:2-9-30 (Home and Community-Based Services Waivers - Homemaker/Personal Care Under the Individual Options and Level One Waivers) with Appendix A and   Appendix B 

5123:2-9-31 (Home and Community-Based Services Waivers - Homemaker/Personal Care Daily Billing Unit for Sites Where Individuals Enrolled in the Individual Options Waiver Share Services) with Appendix 

5123:2-9-37 (Home and Community-Based Services Waivers - Waiver Nursing Delegation Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) with Appendix