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
April 26, 2019 (See Notice for Details)
The Department is rescinding rule 5123:2-2-02 (Background Investigations for Employment) and adopting a new replacement rule of the same title numbered 5123-2-02. The rule establishes standards for conducting background investigations on persons employed or seeking employment in Ohio's service delivery system for individuals with developmental disabilities. New rule 5123-2-02 reflects revisions based on the comprehensive five-year review, including:
- Adding a definition of the Ohio Attorney General's "Retained Applicant Fingerprint Database" (also known as "Rapback").
- Clarifying that background investigations must be conducted prior to employing an applicant.
- Adding a requirement for a responsible entity to check the Ohio Department of Medicaid Provider Exclusion and Suspension List.
- Correcting the website address for the database of Incarcerated and Supervised Offenders.
- Removing provisions regarding implementation of rule 5123:2-2-02 when the rule went into effect in 2013.
- Adding a requirement for a responsible entity to enroll employees in direct services positions in Rapback, which had not yet been established when rule 5123:2-2-02 went into effect in 2013. (Enrolling employees in Rapback is more effective and less costly than requesting that the Bureau of Criminal Identification and Investigation conduct a criminal records check on employees every five years.)
- Clarifying that a responsible entity may not employ a person who has been found eligible for intervention in lieu of conviction for a disqualifying offense.
- Clarifying the exclusion period for a person with multiple disqualifying offenses.
The Department is rescinding rule 5123:2-2-03 (Quality Assurance) and adopting a new replacement rule of the same title numbered 5123-2-03. The rule codifies the Department's commitment to, and processes employed to achieve, quality outcomes for Ohioans with developmental disabilities. New rule 5123-2-03 reflects revisions based on the comprehensive five-year review, including correcting references to the Administrative Code and adding references to several rules suggested by stakeholders.
The Department is rescinding rule 5123:2-2-04 (Compliance Reviews of Certified Providers) and adopting a new replacement rule of the same title numbered 5123-2-04. The rule governs compliance reviews conducted by the Department and county boards of developmental disabilities to ensure compliance by certified providers with applicable requirements. New rule 5123-2-04 reflects revisions based on the comprehensive five-year review, including:
- Correcting references to the Administrative Code and the Revised Code.
- Correcting references to the Ohio Department of Medicaid.
- Adding qualifications for persons who conduct compliance reviews.
- Clarifying that persons who conduct compliance reviews must successfully complete training and be authorized by the Department to conduct compliance reviews.
May 21, 2019 (See Notice for Details)
The Department is amending rule 5123-9-06 (Home and Community-Based Services Waivers - Documentation and Payment for Services Under the Individual Options and Level One Waivers) with Appendix A and Appendix B. The rule establishes standards governing documentation and payment for Home and Community-Based Services under the Individual Options Waiver and Level One Waiver components of the Medicaid program that the Department administers pursuant to Section 5166.21 of the Revised Code. Paragraph (D) sets forth payment limitations for the Level One Waiver. Paragraph (D)(2) sets forth that a limitation of $7,500 applies to several services used alone or in combination by an individual within a three-year period (Environmental Accessibility Adaptations, Home-Delivered Meals, and Specialized Medical Equipment and Supplies). The Department is amending paragraph (D)(2) to add Assistive Technology to the list of services subject to the $7,500 limitation.
The Department is amending rule 5123-9-12 (Home and Community-Based Services Waivers - Assistive Technology Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) with Appendix. The rule defines Assistive Technology and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The Department is amending the rule to add new paragraph (F)(4) to make clear that Assistive Technology is subject to the payment limitation set forth in paragraph (D)(2) of rule 5123-9-06.