173-3-06.2. Older Americans Act: home maintenance and chores

(A) "Home maintenance and chores" means a job providing critical cleaning, maintenance, or repair of elements in a consumer's home or surrounding property which are necessary to preserve the consumer's health and welfare.

(1) "Home maintenance and chores" includes the assessment, materials, and labor involved in any of the following:

(a) Heavy household cleaning, including washing walls and ceilings; washing the outside of windows, washing the inside of difficult-to-reach windows; removing, cleaning, and re-hanging curtains or drapery; and, shampooing carpets or furniture.

(b) Disposing garbage or recyclable materials.

(c) Seasonal outdoor maintenance, including cleaning gutters and downspouts; removing leaves, snow, or ice; trimming shrubs; cutting grass; or installing existing storm windows.

(d) Inspecting HVAC equipment, water heater, or water pump.

(e) Repairing damaged, malfunctioning, or unsafe HVAC equipment, plumbing, electrical systems, roofing, stairs, or floors.

(f) Household maintenance, including replacing light bulbs, unclogging a drain, lighting a pilot light, replacing an electrical fuse, replacing broken window panes, repairing/replacing damaged window or door screens, or changing a furnace filter.

(g) Pest control.

(2) "Home maintenance and chores" does not include any of the following:

(a) A service another person (e.g., a landlord) has a legal or contractual responsibility to provide.

(b) A service available through third-party insurers, community supports, Ohio medicaid state plan, or a medicaid waiver program.

(B) Requirements for every AAA-provider agreement for home maintenance and chores paid, in whole or in part, with Older Americans Act funds:

(1) General requirements: The AAA-provider agreement is subject to the requirements in rule 173-3-06 of the Administrative Code for every AAA-provider agreement paid, in whole or in part, with Older Americans Act funds.

(2) Licensure or accreditation: If a job requires a license or credentials (e.g., pest control), only a provider who possesses the current, valid license or credentials qualifies to provide the job.

(3) Consent agreement: The provider shall not provide a job involving the activities described in paragraphs (A)(1)(e) to (A)(1)(g) of this rule without first obtaining a written (including electronic) consent agreement from the homeowner, which may be the consumer, the consumer's family, or a landlord.

(4) Health and safety: If the provider anticipates health or safety risks to the consumer during the job, the provider shall inform the consumer and the AAA of the risks and provide the service on dates and times that minimize those risks. The provider shall comply with any and all applicable local codes or ordnances in the provision of each job.

(5) Job verification: The provider shall verify each job provided for which it bills the AAA using the provider's choice of either an electronic or manual system that collects all the following information:

(a) Consumer's name.

(b) Job date.

(c) Job description.

(d) Name of each employee providing the job.

(e) Provider's signature.

(f) A unique identifier of the consumer or the consumer's caregiver. During a state of emergency declared by the governor, the provider may verify each job provided without collecting the unique identifier.

(6) Reporting: 45 C.F.R. 1321.65 requires the provider to report information to the AAA on jobs provided.

(C) Unit of service: One unit of home maintenance and chores is one completed job reported in hours. Providers may report partial hours to two decimal places (e.g., " 0.25 hours"). Material costs are part of the hourly rate. (For example, if a provider normally charges thirty dollars per hour and a three-hour service involves thirty dollars in materials, the provider would bill for three units at forty dollars per unit.)

Effective: 12/31/2020
Five Year Review (FYR) Dates: 10/16/2020 and 11/28/2025
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392 ; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.39 , 173.392 ; 42 U.S.C. 3025, 3030d; 45 C.F.R. 1321.11, 1321.65
Prior Effective Dates: 02/15/2009, 12/01/2013, 05/08/2020, 06/11/2020 (Emer.)