5123:2-9-06 Home and community-based services waivers - documentation and payment for services under the individual options and level one waivers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Developmental Disabilities

Agency Name

 

Community Services                                           Becky Phillips

Division                                                                  Contact

 

30 East Broad Street, 12th Floor Columbus OH 43215-3414

[phone]     (614)

644-5013

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5123:2-9-06

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Home and community-based services waivers - payment for

waiver services.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5111.871, 5111.873, 5123.04

5.  Statute(s) the rule, as filed, amplifies or implements: 5111.871, 5111.873, 5123.04

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The rule is being amended to incorporate general service documentation provisions from rule 5123:2-9-05 of the Administrative Code (which is being rescinded) and to eliminate provisions that apply to a specific waiver service (which are being incorporated into the respective service rule).

7.  If the rule is an AMENDMENT, then summarize the changes and the content

of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

References to rules of the Administrative Code have been updated.

Definitions in paragraph (B) are being revised to align with defintions used in newer rules.

A definition for "service documentation" is being added to support incorporation of general service documentation provisions from rule 5123:2-9-05 of the Administrative Code.

The definition of "transportation" is being eliminated as this term is no longer used in the manner in which it was defined.

Paragraph (F) of the existing rule, which addresses behavior support and medical assistance rate modifications for the Homemaker/Personal Care service, is being eliminated because the rate modifications are addressed in the new rule for the Homemaker/Personal Care service (5123:2-9-30).

Paragraph (G) of the existing rule, which addresses on-site/on-call payment for the Homemaker/Personal Care service, is being eliminated because on-site/on-call is addressed in the new rule for the Homemaker/Personal Care service (5123:2-9-30).

Paragraph (H)(2) of the existing rule, which addresses payment rates for the Homemaker/Personal Care service, is being eliminated because payment rates are addressed in the new rule for the Homemaker/Personal Care service (5123:2-9-30).

A new paragraph (H) is being incorporated to include the general service documentation provisions from rule 5123:2-9-05 (which is being rescinded).

A list of service-specific rules is being incorporated to paragraph (I)(2).

Provisions in paragraphs (I), (J), and (L) that are applicable to specific waiver services are being eliminated because service-specific provisions are being incorporated into the respective service rules.

Appendix A to the existing rule is being rescinded because the billing units, service codes, and payment rates for each waiver service are being incorporated into the respective service rule.

Appendix C to the existing rule is being rescinded and enacted as Appendix A to the amended rule.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

Not applicable.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 7/1/2015

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$ 0

Amendments to this rule will neither increase nor decrease revenues or expenditures for the department.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No