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 rescind rule 5123:2-8-01 (Developmental Disabilities Level of Care) and adopt new replacement rule 5123-8-01 of the same title.  The rule sets forth the criteria and process used to determine whether an individual requires the level of care necessary to receive Medicaid-funded services from an Intermediate Care Facility for Individuals with Developmental Disabilities or through enrollment in a Home and Community-Based Services waiver administered by the Department.  Based on a suggestion submitted by the Ohio Association of County Boards Serving People with Developmental Disabilities, paragraph (D)(2)(a)(i) of new rule 5123-8-01 allows medical evaluations—required to establish a Developmental Disabilities Level of Care—to be performed by Certified Nurse Practitioners.  The new replacement rule also reflects "clean-up" revisions to align wording with that used in newer rules.  Although the Department is rescinding the existing rule and adopting a new replacement rule, a version of the rule identifying (via underline and strikethrough) the revisions being made is provided so stakeholders can readily see what is changing.  See the Business Impact Analysis form for details.  Please send your comments to the Common Sense Initiative Office at CSIPublicComments@governor.ohio.gov and to Becky.Phillips@dodd.ohio.gov by Friday, August 17.


The Department is proposing to rescind rule 5123:2-9-07 (Home and Community-Based Services Waivers - Request for Prior Authorization for Individuals Enrolled in the Individual Options Waiver) and adopt new replacement rule 5123-9-07 of the same title.  The rule establishes standards and procedures for prior authorization of waiver services when an individual funding level exceeds the funding range determined by the Ohio Developmental Disabilities Profile for individuals enrolled in the Individual Options Waiver.  As a result of the required five-year review, the Department is proposing revisions to update the list of services that are included in an individual's funding range; make clear that the Department shall not consider a request submitted after the end date of an individual's waiver eligibility span; set forth that the Department may conduct an abbreviated review of a request resulting from a payment rate increase taking effect during an individual's waiver eligibility span; require a county board of developmental disabilities, when so requested by the Department, to submit additional information within five business days; and correct a reference to the Administrative Code.  Although the Department is rescinding the existing rule and adopting a new replacement rule, a version of the rule identifying (via underline and strikethrough) the revisions being made is provided so stakeholders can readily see what is changing.  Please send your comments to Becky.Phillips@dodd.ohio.gov by Friday, August 17.


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.

        [None at this time.]


Effective Dates for Newly Adopted/Amended Rules


The following rules will be effective on the date specified.



September 1, 2018

5123-4-01 (Administration and Operation of County Boards of Developmental Disabilities)

5123-9-04 (Home and Community-Based Services Waivers - Waiting List) with Appendix


September 14, 2018 (Projected)

5123:2-3-11 (Licensed Residential Facilities - Room and Board)


September 23, 2018 (Projected)

5123-9-40 (Home and Community-Based Services Waivers - Administration of the Self-Empowered Life Funding Waiver)

5123-9-41 (Home and Community-Based Services Waivers - Clinical/Therapeutic Intervention Under the Self-Empowered Life Funding Waiver) with Appendix

5123-9-43 (Home and Community-Based Services Waivers - Functional Behavioral Assessment Under the Self-Empowered Life Funding Waiver) with Appendix

5123-9-45 (Home and Community-Based Services Waivers - Participant-Directed Goods and Services Under the Self-Empowered Life Funding Waiver) with Appendix

5123-9-46 (Home and Community-Based Services Waivers - Participant/Family Stability Assistance Under the Self-Empowered Life Funding Waiver) with Appendix

5123-9-47 (Home and Community-Based Services Waivers - Support Brokerage Under the Self-Empowered Life Funding Waiver) with Appendix