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.


December 19, 2017  (See Notice of Public Hearing for details.)
     

The Department is amending rule 5123:2-9-24 (Home and Community-Based Services Waivers - Transportation Under the Individual Options and Level One Waivers) with Appendix.  The rule defines Transportation and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  The rule is being amended to reflect the Transportation service being made available under the Self-Empowered Life Funding Waiver.


The Department is adopting new rule 5123:2-9-32 (Home and Community-Based Services Waivers - Participant-Directed Homemaker/Personal Care Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) with Appendix.  The rule defines Participant-Directed Homemaker/Personal Care and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.


The Department is adopting new rule 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.  The rule defines Waiver Nursing Delegation and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

 

The Department is amending rule 5123:2-9-40 (Home and Community-Based Services Waivers - Administration of the Self-Empowered Life Funding Waiver).  The rule implements the Self-Empowered Life Funding Waiver.  The rule is being amended to reflect elimination of the Community Inclusion service and addition of the Participant-Directed Homemaker/Personal Care, Transportation, and Waiver Nursing Delegation services and to incorporate "clean-up" revisions as a result of the five-year review.

 

The Department is rescinding rule 5123:2-9-42 (Home and Community-Based Services Waivers - Community Inclusion Under the Self-Empowered Life Funding Waiver) with Appendix.  The rule defines Community Inclusion and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  The rule is being rescinded to reflect elimination of the Community Inclusion service.


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

The Department is amending rule 5123:2-7-12 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Cost Report) and adding an AppendixThe rule sets forth standards and requirements for an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICFIID) to submit cost reports to the Department and maintain supporting documents and records.  The rule is being amended to incorporate the provisions and appendix of rule 5123:2-7-16 (Intermediate Care Facilities - Chart of Accounts). 


The Department is rescinding rule 5123:2-7-16 (Intermediate Care Facilities - Chart of Accounts) with Appendix.  The rule sets forth requirements for an Intermediate Care Facility for Individuals with Intellectual Disabilities to submit cost reports to the Department using the chart of accounts contained in the appendix to the rule.  The rule is being rescinded because its provisions and appendix are being incorporated into rule 5123:2-7-12 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Cost Report). 

 

The Department is amending 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.  The rule defines Homemaker/Personal Care and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  The rule is being amended to increase the payment rates for On-Site/On-Call Homemaker/Personal Care to reflect increases to Ohio's minimum wage.

 

The Department is amending rule 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.  The rule establishes a daily billing unit for Homemaker/Personal Care when individuals share the services of the same agency provider at the same site.  The rule is being amended to reflect increased payment rates for On-Site/On-Call Homemaker/Personal Care, to add a reference to the Complex Care rate modification, and to update references to other Home and Community-Based Services.



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/Rescinded/Amended Rules


The following rules will be effective on the date specified.

  

January 18, 2018 (Projected)

5123:1-1-01 (Community Capital Assistance Funds - Non-Residential Capital Facilities) with Appendix

5123:1-1-17 (Community Capital Assistance Funds - Residential Accessibility and Renovation Projects)

5123:2-1-03 (Locally-Funded Transportation)

5123:2-7-29 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Ventilator Services)

5123:2-14-01 (Preadmission Screening and Resident Review for Nursing Facility Applicants and Nursing Facility Residents with Developmental Disabilities)

5123:2-17-01 (Administrative Resolution of Complaints Involving the Ohio Department of Developmental Disabilities)