5123:2-3-04 Licensed residential facilities - provision of services and maintenance of service records.  

  • 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

    5123:2-3-04

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Licensed  residential  facilities  -  provision  of  services  and

    maintenance of service records.

    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 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 receiving services, that individuals are involved in development and delivery of their services, that the confidentiality of individuals' records is maintained, and that individuals' records are readily accessible for service delivery and review by the Department.

    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:

    The incorporated reference is to the Code of Federal Regulations which is generally available to the public at law libraries, depository libraries, and on the internet.

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

    Revised paragraph (D)(4) from:

    The operator shall comply with the requirements for reporting medication administration and delegated nursing errors in accordance with rules 5123:2-6-07 and 5123:2-17-02 of the Administrative Code.

    to:

    The operator shall comply with the requirements for reporting medication/treatment

    errors in accordance with rules 5123:2-6-07 and 5123:2-17-02 of the Administrative Code.

    Revised paragraph (H)(1) from:

    The operator shall ensure that each individual routinely has information in formats the individual understands about day activities offered by other providers and opportunities to explore and experience community participation in accordance with his or her individual plan and desired outcomes as they relate to community employment in accordance with paragraph (D) of rule 5123:2-2-05 of the Administrative Code.

    to:

    The operator shall ensure that each individual routinely has information in formats the individual understands about day activities offered by other providers and opportunities to explore and experience community participation in accordance with his or her individual plan and desired outcomes as they relate to community employment in accordance with rule 5123:2-2-05 of the Administrative Code.

    Revised paragraph (H)(3) from:

    The operator shall ensure that individuals participate in day activities that foster community participation unless an individual's individual plan indicates why, based on evaluations and assessments, such participation is medically contraindicated.

    to:

    The operator shall ensure that each individual participates in day activities that foster community participation unless his or her individual plan indicates why, based on evaluations and assessments, such participation is medically contraindicated.

    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 5123:2-3-04 replaces existing rules 5123:2-3-12, 5123:2-3-13, and 5123:2-3-24 and includes several new requirements regarding provision of transportation (e.g., ensuring employees providing transportation have driver's licenses and liability insurance, obtaining a driving record from the Bureau of Motor Vehicles, and developing and following written policies and procedures regarding vehicle accessibility, vehicle maintenance, and requirements for vehicle drivers). It is not possible for the Department to project the cost of complying with this requirement as existing practices regarding transportation vary among

    residential facilities and are not known.

    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? No

    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 (I) requires the operator to provide individuals' records to the department upon request and to convey records to a new operator.