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 revise rule 5123:2-14-01 (Preadmission Screening and Resident Review for Nursing Facility Applicants and Nursing Facility Residents with Developmental Disabilities) to come into compliance with 42 C.F.R. 483.112, which sets forth that preadmission screening reviews must be completed within nine days.  Additional revisions are being made to ensure that an individual who requires specialized services to address needs related to his or her disability receives the services during a nursing facility stay.  See the Business Impact Analysis 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 Thursday, June 29.


‚ÄčPublic 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.


July 18, 2017 (See Notice of Public Hearing for Details)

The Department is amending rule 5123:2-9-23 (Home and Community-Based Services Waivers - Environmental Accessibility Adaptations Under the Individual Options and Level One Waivers) with Appendix to increase the limit on the service under the Individual Options Waiver from $7,500 to $10,000.  Amendments are indicated by underline and strikethrough.

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 to add a rate modification applicable when Homemaker/Personal Care is provided to individuals enrolled in the Individual Options Waiver who have complex needs.  Amendments are indicated by underline and strikethrough.

The Department is rescinding existing rule 5123:2-9-32 (Home and Community-Based Services Waivers - Adult Family Living Under the Individual Options Waiver) with Appendix A and Appendix B and existing rule 5123:2-9-33 (Home and Community-Based Services Waivers - Adult Foster Care Under the Individual Options Waiver) with Appendix A and Appendix B.  The rules are being replaced by new rule 5123:2-9-33 (Home and Community-Based Services Waivers - Shared Living Under the Individual Options Waiver) with Appendix A and Appendix B.

      

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 proposing to rescind existing rule 5123:2-3-18 (Calculation of Room and Board Payment for an Individual Residing at a Residential Facility) and adopt new rule 5123:2-3-11 (Licensed Residential Facilities - Room and Board).


The Department is proposing to adopt new rule 5123:2-9-03 (Home and Community-Based Services Waivers - Limit on Number of Hours an Indpendent Provider May Provide Home and Community-Based Services in a Work Week).


Effective Dates for Newly Adopted/Rescinded/Amended Rules


The following rules will be effective on the date specified.


July 1, 2017

    New Rules to be Adopted:

     5123:2-7-11 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Relationship of Other Covered Medicaid Services)

     5123:2-7-15 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Claim Submission, Payment, and Adjustment Process)

     5123:2-7-31 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Recoupment of Downsizing Incentive)

     5123:2-9-28 (Home and Community-Based Services Waivers - Nutrition Services Under the Individual Options Waiver) with Appendix A and Appendix B

     5123:2-9-29 (Home and Community-Based Services Waivers - Home-Delivered Meals Under the Individual Options and Level One Waivers) with Appendix

     5123:2-9-36 (Home and Community-Based Services Waivers - Interpreter Services Under the Individual Options Waiver) with Appendix A and Appendix B

     5123:2-9-38 (Home and Community-Based Services Waivers - Social Work Under the Individual Options Waiver) with Appendix A and Appendix B

    Existing Rules Governing the Transitions Developmental Disabilities Waiver to be Rescinded:

    5123:2-9-50 (Administration of the Transitions Developmental Disabilities Waiver) 

    5123:2-9-51 (Adult Day Health Center Services) with Appendix

    5123:2-9-52 (Emergency Response Services) with Appendix

    5123:2-9-53 (Home-Delivered Meals) with Appendix

    5123:2-9-54 (Home Modification Services) with Appendix

    5123:2-9-55 (Out-of-Home Respite) with Appendix

    5123:2-9-56 (Personal Care Aide Services) with Appendix

    5123:2-9-57 (Supplemental Adaptive and Assistive Devices) with Appendix

    5123:2-9-58 (Supplemental Transportation) with Appendix

    5123:2-9-59 (Waiver Nursing Services) with Appendix


July 6, 2017

    5123:2-9-35 (Home and Community-Based Services Waivers - Remote Monitoring and Remote Monitoring Equipment Under the Individual Options,                                                                     Level One, and Self-Empowered Life Funding Waivers) with Appendix


August 1, 2017 (Projected)

        5123:2-10-01 (Early Intervention Services - System of Payments) with Appendix


Date to be Determined

        5123:2-7-32 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Administration of the Ohio Developmental Disabilities Profile)