Rules Under Development 

Proposed Rule Actions For Review and Comment


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



The Department is proposing to amend rule 5123-9-27 (Home and Community-Based Services Waivers - Emergency Assistance Under the Level One Waiver).  The rule sets forth coverage and eligibility for Emergency Assistance provided to individuals enrolled in the Level One Waiver.  The Department is amending the rule to add references to newer Level One Waiver services (Assistive Technology, Participant-Directed Homemaker/Personal Care, and Remote Support) and eliminate references to services that no longer exist (Personal Emergency Response Systems, Remote Monitoring, and Remote Monitoring Equipment).  Amendments to the rule are necessary to align the Department’s rule with the federally-approved Level One Waiver and the Ohio Department of Medicaid rule governing the Level One Waiver (i.e., 5160-42-01, Medicaid Home and Community-Based Services Program - Level One Waiver).   Proposed amendments to the rule are denoted by underline and strikethrough.  Please send comments to Becky.Phillips@dodd.ohio.gov by       May 1.


The Department is proposing to rescind rule 5123:1-1-03 (Distribution of Community Assistance Funds for the Acquisition of Housing) and adopt new replacement rule 5123-1-03 (Community Capital Assistance Funds - Acquisition of Housing).  The rule sets forth a process for the Department to make available community capital assistance funds to assist county boards of developmental disabilities acquire housing for individuals receiving supported living, including supported living funded by a Home and Community-Based Services waiver administered by the Department.  New rule 5123-1-03 reflects "clean-up" revisions identified through the required five-year rule review including:

  • Replacing "community assistance funds" with "community capital assistance funds" to align with newer rules.
  • Striking paragraphs (B)(1)(a) through (B)(1)(d) as the references to specific forms may not be exhaustive and a certified or licensed appraiser is required to comply with the uniform standards of professional appraisal practice.
  • In paragraph (B)(2), striking redundant phrasing and adding "permanent" in front of "foundation" because "permanent foundation" is defined in paragraph (B)(15).
  • In paragraph (B)(10), revising citation from Section 4781.01 to Section 3781.06, because 4781.01 points to 3781.06.
  • In paragraph (B)(11), revising citation from Section 4781.01 to Section 4501.01 because 4781.01 points to 4501.01.

Although the Department will be rescinding rule 5123:1-1-03 and adopting a new replacement rule, a version of the rule indicating the revisions being made is provided so stakeholders can readily see what is changing.  Please send comments to Becky.Phillips@dodd.ohio.gov by May 3.



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.


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.


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 to consider submitted testimony.

         
        [None at this time.]




Effective Dates for Newly Adopted/Amended Rules


The following rules will be effective on the date specified.


July 1, 2019

5123-10-01 (Early Intervention Program - Procedural Safeguards) 

5123-10-02 (Early Intervention Program - Eligibility and Services) with Appendix A, Appendix B, and Appendix C

5123-10-03 (Early Intervention Program - System of Payments)

5123-10-04 (Early Intervention Program - Credentials for Early Intervention Service Coordinators and Early Intervention Service Coordination Supervisors)


Effective Date To Be Determined

5123-7-34 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Quality Indicators and the Quality Incentive Payment Program)