Rules Under Development 

Proposed Rule Actions For Review and Comment


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


        [None at this time.]



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.


May 3, 2018 (See Public Hearing Notice for details.)
    

The Department is rescinding rule 5123:2-1-08 (Waiting Lists) and adopting new replacement rule 5123-9-04 (Home and Community-Based Services Waivers - Waiting List) with Appendix.  Existing rule 5123:2-1-08 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 and for non-Medicaid services.  New rule 5123-9-04 sets forth requirements for the waiting list established pursuant to Section 5126.042 of the Revised Code when a county board determines that available resources are insufficient to enroll individuals who are assessed to need and who choose Medicaid Home and Community-Based Services in Department-administered waivers.  New rule 5123-9-04 reflects work undertaken by Fix The List, a coalition of people with disabilities, family members, and organizations representing guardians, county boards, providers, and the Department to fix Ohio's waiting list for Home and Community-Based Services waivers.  Rule 5123-9-04 simplifies the system to better reflect unmet needs and more efficiently direct supports to people and families who need them most.  New rule 5123-9-04 addresses only the waiting list for Medicaid Home and Community-Based Services waivers.  Provisions regarding waiting lists for non-Medicaid services are being incorporated to new rule 5123-4-01 described below.

The Department is rescinding rule 5123:2-1-02 (Administration and Operation of County Boards of Developmental Disabilities) and adopting new replacement rule 5123-4-01 (Administration and Operation of County Boards of Developmental Disabilities).  The rules establish standards for the administration and operation of county boards of developmental disabilities that protect the rights of individuals and ensure the safe and equitable provision of services to eligible individuals and their families.  New rule 5123-4-01 includes provisions regarding waiting lists for non-Medicaid services, recognizes the Department's role as lead agency for Early Intervention services, and clarifies requirements for volunteers.


May 4, 2018 (See Public Hearing Notice for details.)
    

The Department is rescinding rule 5123:2-17-03 (Abuser Registry) and adopting new replacement rule 5123-17-03 (Abuser Registry).  The rules set forth procedures to be used to determine whether the name of a developmental disabilities employee should be placed on the registry established pursuant to Section 5123.52 of the Revised Code and standards for determining whether such employee has been rehabilitated.  New rule 5123-17-03 reflects revisions being made as a result of five-year review including replacing "DD employee" with "developmental disabilities employee" and reducing the time that must elapse before a person whose name has been placed on the registry may petition the Department to have his or her name removed.


May 22, 2018 (See Public Hearing Notice for details.)


The Department is rescinding rule 5123:2-9-22 (Home and Community-Based Services Waivers - Community Respite Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) with Appendix A and Appendix B and adopting a new replacement rule of the same title numbered 5123-9-22 with Appendix A and Appendix B.  The rules define Community Respite and set forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  New rule 5123-9-22 reflects revisions to align definitions with those used in newer rules for Home and Community-Based Services, to correct references to other administrative rules, and to increase the payment rate for providers of the service. 

The Department is rescinding rule 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 and adopting a new replacement rule of the same title numbered 5123-9-30 with Appendix A and Appendix B.  The rules define Homemaker/Personal Care and set forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  New rule 5123-9-30 reflects revisions to align definitions with those used in newer rules for Home and Community-Based Services, to correct references to other administrative rules, and to implement the new Staff Competency rate modification, a payment rate increase available when qualified staff deliver the service.

The Department is rescinding rule 5123:2-9-34 (Home and Community-Based Services Waivers - Residential Respite Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) with Appendix and adopting a new replacement rule of the same title numbered 5123-9-34 with Appendix.  The rules define Residential Respite and set forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  New rule 5123-9-34 reflects revisions to align definitions with those used in newer rules for Home and Community-Based Services, to correct references to other administrative rules, and to increase the payment rate for providers of the service.


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.

  

May 14, 2018

The Department is rescinding rule 5123:2-9-25 with Appendix (Home and Community-Based Services Waivers - Specialized Medical Equipment and Supplies Under the Individual Options and Level One Waivers) and adopting a new replacement rule of the same title numbered 5123-9-25 with Appendix.  The rules define Specialized Medical Equipment and Supplies and set forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  New rule 5123-9-25 reflects minor technical revisions being made as a result of five-year review to align definitions with those used in newer rules for Home and Community-Based Services and to correct references to the Department's website and other administrative rules.

The Department is rescinding rule 5123:2-9-26 with Appendix (Home and Community-Based Services Waivers - Personal Emergency Response Systems Under the Level One Waiver) and adopting a new replacement rule of the same title numbered 5123-9-26 with Appendix.  The rules define Personal Emergency Response Systems and set forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  New rule 5123-9-26 reflects minor technical revisions being made as a result of five-year review to align definitions with those used in newer rules for Home and Community-Based Services and to correct references to the Department's website and other administrative rules.


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.

         [None at this time.]