5123:2-3-01 Licensed residential facilities - administration and operation.  

  • Text Box: ACTION: Refiled Text Box: DATE: 01/15/2016 4:49 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Developmental Disabilities

    Agency Name

     

    Becky Phillips

    Division                                                                  Contact

     

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

    (614) 644-7393     (614)

    644-5013

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    becky.phillips@dodd.ohio.gov

    Email

    5123:2-3-01

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Licensed residential facilities - administration and operation.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? 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: 5123.04, 5123.19, 5124.03

    5.  Statute(s) the rule, as filed, amplifies or implements: 5123.04, 5123.19, 5124.03

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

    The Department is rescinding 23 existing rules governing licensed residential facilities and bringing forth 10 new replacement rules.

    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:

    The rule sets forth requirements for administration and operation of residential

    facilities licensed in accordance with section 5123.19 of the Revised Code.

    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:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    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:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    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. If applicable, indicate each specific paragraph of the rule that has been modified:

    Added new paragraph (B)(7):

    "Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code.

    Revised paragraph (G) from:

    The operator shall ensure that within ninety calendar days of becoming a supervisor, supervisory staff successfully complete training in accordance with standards established by the department in:

    to:

    The operator shall ensure that within ninety calendar days of becoming a

    supervisor, supervisory staff successfully complete training in accordance with the residential facility's policies and procedures regarding:

    Revised paragraph (I)(3) from:

    The operator shall ensure that volunteers who provide more than forty hours of service working directly with residents during a calendar year shall receive training in:

    to:

    The operator shall ensure that volunteers who provide more than forty hours of service working directly with residents during a calendar year receive training in:

    12.  Five Year Review (FYR) Date:

    (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

    Rescinding the existing rule and bringing forth a new replacement 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:

    653407 (Medicaid Services)

    653604 (DC & ICF/IID Program Support)

    653605 (DC and Residential Services and Support) 653606 (ICF/IID and Waiver Match)

    653607 (Intensive Behavioral Needs)

    653609 (DC and Residential Operating Services) 653624 (County Board Waiver Match)

    653632 (DC Direct Care Services) 653639 (Medicaid Waiver Services) 653653 (ICF/IID)

    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:

    New rule 5123:2-3-01 replaces four existing rules (5123:2-3-04, 5123:2-3-07, 5123:2-3-08, 5123:2-3-19) and includes several new requirements:

    -   Requiring direct services staff to have a high school diploma or GED. This requirement is not projected to require additional direct costs but may increase administrative costs associated with staff recruitment efforts.

    -   Enrolling direct services staff in Rapback. Under existing rule 5123:2-2-02 (Background Investigations for Employment), residential facilities must have the Bureau of Criminal Identification and Investigation (BCII) conduct a criminal records check at hire and at least every five years thereafter. Enrolling an employee in Rapback costs $5 per year and once the employee is enrolled, the residential facility will not have to request another criminal records check from BCII and will receive immediate notification if the employee is charged or convicted of a prohibited offense. Paragraph (D)(2)(a) of the new rule 5123:2-3-01 allows

    phase-in of Rapback for existing staff so the Department projected that the effect would be cost-neutral. Some providers have indicated that in light of employee turnover, a provider may incur an additional cost of $5 per year for an employee who does not ultimately stay for the entire five-year period. This cost seems minimal for the peace of mind afforded by knowing the provider will receive immediate notification if the employee is charged with a disqualifying offense.

    -   Requiring all direct services staff to hold First Aid and CPR certification. (Existing rule 5123:2-3-07 requires at least one staff person with First Aid and CPR certification to be present when individuals are being served.) Residential facilities have varying policies and practices regarding First Aid and CPR certification of their staff. Some already require all direct services staff to hold First Aid and CPR

    certification; others do not. Some provide in-house training to obtain certification; others do not. Several Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF) indicated they do not permit direct services staff to perform CPR; in response to this feedback, paragraph (F)(1)(i) of new rule 5132:2-3-01 acknowledges a process for an ICF to request a waiver of this requirement. It is not possible for the Department to project the cost of complying with this requirement as it is unknown how many staff currently hold First Aid and CPR certification or will need to obtain it.

    -   Requiring volunteers who provide more than 40 hours of service during a calendar year to undergo a background investigation. The cost of a criminal records check conducted by BCII ranges from $22 to $35. It is unknown how many residential facilities engage volunteers and whether or not they already require volunteers to have a background investigation.

    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

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    Paragraph (C) requires a residential facility to be licensed by the Department and secure approval from the Department to provide Home and Community-Based Services under a Medicaid waiver.

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    Paragraph (C) requires the operator of a residential facility to:

    -   Report if the licensee, operator, or administrator has been or is ever formally chaged with, convicted of, or pleads guilty to a prohibited offense.

    -   Report if the licensee, operator, or administrator is or becomes a related party of a person or government entity for which the Department refused to issue or renew or revoked a supported living certificate.

    -   Provide the name, county of birth, date of birth, and Social Security Number for any person owning a financial interest of 5% or more in the residential facility.

    -   Maintain on file with the Department current United States mail and electronic mail addresses.

    -  Participate in service delivery system data collection initiatives.

    -   Maintain general liability insurance in the amount of $500,000. Paragraph (D) requires the operator:

    -   To be current in payment of payroll taxes, workers' compensation prmiums, and unemployment compensation premiums.

    -  Enroll staff in Rapback.

Document Information

File Date:
2016-01-15
CSI:
Yes
Rule File:
5123$2-3-01_PH_RF_N_RU_20160115_1649.pdf
RSFA File:
5123$2-3-01_PH_RF_N_RS_20160115_1649.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5123:2-3-01. Definitions