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 17, 2017 (See Public Hearing Notice for Details)

The Department is proposing to rescind existing rule 5123:2-7-11 (Intermediate Care Facilities - Relationship of Other Covered Medicaid Services) and adopt a new replacement rule.  The rule identifies covered services generally available to individuals who are eligible for Medicaid and describes the relationship of such services to those provided to residents of an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICFIID).  Changes to the rule are necessary to align with Ohio Department of Medicaid rules, to replace "Intermediate Care Facilities" with "Intermediate Care Facilities for Individuals with Intellectual Disabilities" or "ICFIID," and to correct references to the Revised Code, the Administrative Code, and the Ohio Department of Medicaid.

        Existing 5123:2-7-11 - To Be Rescinded

        New 5123:2-7-11 - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-7-15 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Claim Submission, Payment, and Adjustment Process) and adopt a new replacement rule.  The rule establishes procedures for an ICFIID to submit claims and be paid for services rendered.  Changes to the rule are necessary to remove provisions regarding payment for dates of service prior to July 1, 2015, to remove references to Ohio Department of Medicaid forms that are being retired, to replace "Intermediate Care Facilities" with "Intermediate Care Facilities for Individuals with Intellectual Disabilities" or "ICFIID," and to correct references to the Administrative Code.

        Existing 5123:2-7-15 - To Be Rescinded

        New 5123:2-7-15 - To Be Adopted

The Department is proposing to adopt new rule 5123:2-7-31 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Recoupment of Downsizing Incentive).  The rule establishes a process for the recoupment of a downsizing incentive from an ICFIID that obtained Department approval to become a downsized ICFIID pursuant to Section 5124.39 of the Revised Code and does not become a downsized ICFIID on or before July 1, 2018.

        New 5123:2-7-31 - To Be Adopted

The Department is proposing to adopt new rule 5123:2-7-32 (Intermediate Care Facilities for Individuals with Intellectual Disabilities - Administration of the Ohio Developmental Disabilities Profile).  The rule sets forth a requirement and process for an ICFIID to administer and submit the Ohio Developmental Disabilities Profile for each resident.

         New 5123:2-7-32 - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-9-28 (Home and Community-Based Services Waivers - Nutrition Services Under the Individual Options Waiver) and adopt a new replacement rule.  The rule defines Nutrition Services and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  As a result of five-year review, changes are being made to remove a reference to a rescinded rule of the Administrative Code, to correct a reference to the Ohio Department of Medicaid, and to align wording with that in newer rules for Home and Community-Based Services.

        Existing 5123:2-9-28 with Appendix A and Appendix B - To Be Rescinded

        New 5123:2-9-28 with Appendix A and Appendix B - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-9-29 (Home and Community-Based Services Waivers - Home-Delivered Meals Under the Individual Options and Level One Waivers) and adopt a new replacement rule.  The rule defines Home-Delivered Meals and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  As a result of five-year review, changes are being made to align wording with that in newer rules for Home and Community-Based Services.

        Existing 5123:2-9-29 with Appendix - To Be Rescinded

        New 5123:2-9-29 with Appendix - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-9-35 (Home and Community-Based Services Waivers - Remote Monitoring and Remote Monitoring Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers) and adopt a new replacement rule.  The rule defines Remote Monitoring and Remote Monitoring Equipment and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the services.  As a result of five-year review, changes are being made to incorporate suggestions made by stakeholders, to correct citations to the Administrative Code, and to align wording with that in newer rules for Home and Community-Based Services.

        Existing 5123:2-9-35 with Appendix - To Be Rescinded

        New 5123:2-9-35 with Appendix - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-9-36 (Home and Community-Based Services Waivers - Interpreter Services Under the Individual Options Waiver) and adopt a new replacement rule.  The rule defines Interpreter Services and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  As a result of five-year review, changes are being made to remove a reference to a rescinded rule of the Administrative Code, to correct a reference to the Ohio Department of Medicaid, and to align wording with that in newer rules for Home and Community-Based Services.

        Existing 5123:2-9-36 with Appendix A and Appendix B - To Be Rescinded

        New 5123:2-9-36 with Appendix A and Appendix B - To Be Adopted

The Department is proposing to rescind existing rule 5123:2-9-38 (Home and Community-Based Services Waivers - Social Work Under the Individual Options Waiver) and adopt a new replacement rule.  The rule defines Social Work and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.  As a result of five-year review, changes are being made to remove a reference to a rescinded rule of the Administrative Code, to correct a reference to the Ohio Department of Medicaid, and to align wording with that in newer rules for Home and Community-Based Services.

        Existing 5123:2-9-38 with Appendix A and Appendix B - To Be Rescinded

        New 5123:2-9-38 with Appendix A and Appendix B - To Be Adopted

The Department is proposing to rescind ten rules governing the Transitions Developmental Disabilities Waiver because the federal Centers for Medicare and Medicaid Services authorized Ohio to close the Waiver June 30, 2017:

    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

The Department is proposing to adopt new rule 5123:2-10-01 (Early Intervention Services - System of Payment).  The rule establishes a structure to pay for activities and expenses that are reasonable and necessary for implementing Ohio's Early Intervention system for eligible children and their families.  House Bill 483 of the 131st General Assembly transferred responsibility for implementing the Early Intervention services program from the Ohio Department of Health to the Ohio Department of Developmental Disabilities and charged the Ohio Department of Developmental Disabilities with adopting rules necessary to implement the program.

        New 5123:2-10-01 with Appendix - To Be Adopted

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.


Existing rule 5123:2-3-18 (Calculation of Room and Board Payment for an Individual Residing at a Residential Facility) is being rescinded and replaced by 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.

        [None at this time.]