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Public Hearings for Proposed Rules

August 19, 2022 (See Public Hearing Notice for details.)

Rule 5123:2-2-07 (Personal Funds of the Individual) is being rescinded and replaced by rule 5123-2-07 of the same title.  The rule establishes standards of accountability for a provider when the individual service plan of an individual served by the provider indicates the provider is responsible for managing the individual’s personal funds. 

Rule 5123:2-3-01 (Licensed Residential Facilities - Administration and Operation) is being rescinded and replaced by rule 5123-3-01 of the same title with Appendix A, Appendix B, Appendix C, and Appendix D.  The rule sets forth requirements for administration and operation of residential facilities licensed in accordance with Section 5123.19 of the Revised Code. 

Rule 5123:2-3-02 (Licensed Residential Facilities - Physical Environment Standards, Fire Safety, and Emergency Response Planning) is being rescinded and replaced by rule 5123-3-02 of the same title.  The rule establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with section 5123.19 of the Revised Code are provided a safe, healthy, and homelike living environment that meets their specific needs. 

Rule 5123:2-3-04 (Licensed Residential Facilities - Provision of Services and Maintenance of Service Records) is being rescinded and replaced by rule 5123-3-04 (Licensed Residential Facilities - Admission of Residents, Provision of Services, and Maintenance of Service Records).  The rule establishes standards to ensure that services provided in residential facilities licensed in accordance with Section 5123.19 of the Revised Code focus on achievement of outcomes that are important to and important for individuals served, individuals are involved in development and delivery of their services, the confidentiality of individuals' records is maintained, and individuals' records are readily accessible for service delivery and for review by the Department. 

Rule 5123:2-3-05 (Licensed Residential Facilities - Admission, Termination of Services, and Transfer) is being rescinded and replaced by rule 5123-3-05 (Licensed Residential Facilities - Transfer and Termination of Services).  The rule establishes uniform policies for transfer and termination of services of individuals living in residential facilities licensed in accordance with Section 5123.19 of the Revised Code.  Admission of residents is addressed in new rule 5123-3-04.

Rule 5123:2-3-06 (Licensed Residential Facilities - Compliance Reviews, Issuance of Licenses, and Adverse Actions) is being rescinded and replaced by rule 5123-3-06 of the same title.  The rule sets forth processes for reviews conducted by the Department to ensure compliance by residential facilities licensed in accordance with Section 5123.19 of the Revised Code, the issuance of licenses for residential facilities operating in accordance with Chapters 5123. and 5124. of the Revised Code, and adverse actions for residential facilities not operating in accordance with Chapters 5123. and 5124. of the Revised Code. 

Rule 5123:2-3-07 (Licensed Residential Facilities - Immediate Removal of Residents) is being rescinded and replaced by rule 5123-3-07 of the same title.  The rule establishes a process by which the Director of the Department may order the immediate removal of a resident of a residential facility licensed in accordance with Section 5123.19 of the Revised Code when conditions present an immediate danger of physical or psychological harm to the resident and all other available interventions have proved ineffective or infeasible. 

Rule 5123:2-3-08 (Licensed Residential Facilities - Development and Renovation) is being rescinded and replaced by rule 5123-3-08 of the same title.  The rule establishes uniform standards and procedures governing the development and renovation of residential facilities subject to licensure in accordance with Section 5123.19 of the Revised Code. 

Rule 5123:2-3-09 (Licensed Residential Facilities - Standards for Evaluating Potential Receivers) is being rescinded and replaced by rule 5123-3-09 of the same title.  The rule establishes standards for evaluating potential receivers of residential facilities licensed in accordance with Section 5123.19 of the Revised Code. 

Rule 5123:2-3-11 (Licensed Residential Facilities - Room and Board) is being rescinded and replaced by rule 5123-3-11 of the same title.  The rule identifies components of room and board and 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 residential facility licensed in accordance with Section 5123.19 of the Revised Code other than an Intermediate Care Facility for Individuals with Intellectual Disabilities. 

Rule 5123:2-9-02 (Home and Community-Based Services Waivers - Ensuring the Suitability of Services and Service Settings) is being rescinded and replaced by rule 5123-9-02 of the same title.  The rule establishes standards to ensure that Home and Community-Based Services waivers administered by the Department maximize opportunities for enrolled individuals to access the benefits of community living and receive services in the most integrated setting.