173-44-04 Unified waiting list.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Aging

Agency Name

 

Tom Simmons

Division                                                                  Contact

 

50 West Broad Street 9th floor Columbus OH 43215-3363

614-728-2548

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

173-44-04

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Unified waiting list.

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? Yes

Bill Number: HB398               General Assembly: 128           Sponsor: Newcomb and

Lehner

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: 173.02, 173.40, 173.404, 173.50, 5111.89

5.  Statute(s) the rule, as filed, amplifies or implements: 173.404, 173.401, 173.501, 5111.894

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

ODA is proposing to adopt new rule 173-44-04 of the Administrative Code, to replace rules 173-37-01 and 173-42-01 of the Administrative Code with new rules of the same number, and to amend rules 173-38-03 and 173-50-03 of the Administrative Code. In doing so, ODA has four basic goals:

1.  To implement House Bill No. 398 (128th G. A.) which involves creating a unified waiting list in proposed new rule 173-44-04 of the Administrative Code that is compliant with section 173.404 of the Revised Code and removing pre-House Bill No. 398 (128th G.A.) waiting-list language from rules 173-37-01, 173-38-03, 173-42-01, and 173-50-03 of the Administrative Code.

2.  To comply with section 119.032 of the Revised Code, which requires each state agency to review each rule on or before the rule's designated review date.

3.  To comply with Governor Strickland's Executive Order 2008-04S: "Implementing Common Sense Business Regulation," which requires each state agency to write easier-to-read and easier-to-comprehend rules to promote transparency in the agency's regulations. As a result, ODA's proposed new or amended language:

a.   Complies with the Legislative Service Commission's "Rule Drafting Manual" as found on http://www.lsc.state.oh.us/rules/rdm06_06.pdf

b.  Incorporates the recommendations of "Advanced Legal Drafting" by Bryan A. Garner (Dallas: LawProse, Inc. (c) 2007)

c.   Incorporates the recommendations of "Plain English Writing Tips" as found on http://business.ohio.gov/docs/RegReform_PlainEnglishWritingTips.pdf.

4.  Add section 173.404 of the Revised Code to both the "Statutory Authority" and the "Rule Amplifies" sections of the 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:

This rule presents the unified waiting list.

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:

On November 18, 2010, ODA revised this rule to:

1.  Change "direct a direct" in paragraph (B)(3)(c) of the proposed new rule to "a direct."

2.  Revise this RSFA.

On November 24, 2010, ODA revised this rule to:

1.  Add the following sentence to the end of paragraph (C)(8) of the rule: "The current PASSPORT administrative agencies are the area agencies on aging listed in rule 173-2-04 of the Administrative Code plus 'Catholic Social Services of the Miami Valley.'"

2.  Revise this RSFA.

On November 30, 2010, ODA revised this rule to:

1.  Simplify the title from "Unified waiting list for PASSPORT, assisted living, and PACE" to "Unified waititng list."

2.  Insert "choices" in between "assisted living" and "PASSPORT" in the lists of programs for which CMS limits the number of available slots.

3.  Revise this RSFA.

On January 3, 2011, ODA refiled this rule to:

1.  Replace paragraph (A) with new language. Previously, the language said, "The United States centers for medicare and medicaid services limits the number of slots available for enrollment in the assisted living, choices, and PASSPORT programs which may cause a waiting list. ODA manages enrollment into those programs. A lack of capacity for serving PACE applicants may also cause a waiting list. ODA's

designee shall determine that there is a slot available before it enrolls an individual in the program being sought. A lack of funds available to ODA for the assisted living, choices, PACE, or PASSPORT programs may also cause a waiting list." Now, the language says, "The United States centers for medicare and medicaid services limits the number of slots available for enrollment in the assisted living, choices, and PASSPORT programs which may cause a waiting list. A lack of capacity for serving PACE applicants may also cause a waiting list. ODA has the authority to operate these programs. ODA manages enrollment into those programs, including the ability to establish a waiting list."

2.  Revise this RSFA.

12.  119.032 Rule Review 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.

$0.00

ODA anticipates that the total rule project that involves creating a unified waiting list in proposed new rule 173-44-04 of the Administrative Code and removing pre-House Bill No. 398 (128th G.A.) waiting-list language from rules 173-37-01, 173-38-03, 173-42-01, and 173-50-03 of the Administrative Code will have the same budgetary impact highlighted inder "State Fiscal Impacts" in the fiscal note and local impact statement for H. B. No. 398 (128th G.A.), which are listed as follows:

"Expenditures for nursing facility care would likely decrease while expenditures for PASSPORT, PACE, and Assisted Living services would likely increase. The net effect would be a decrease in expenditures, as on average, care provided under

PASSPORT, PACE, and Assisted Living is less costly than nursing facility care. The amount of the net decrease would depend upon the number of individuals enrolled onto one of the programs through the new Home First provisions in the bill. However, estimates provided through the Ohio Association of Area Agencies on Aging maintain that between 163 and 328 individuals per month could be impacted by the bill. If this is the case, the savings could be in the tens of millions of dollars in each fiscal year."

"For FY 2010 and FY 2011, the bill allows the Director of Budget and Management, in consultation with the directors of Aging and Job and Family Services, to: transfer cash between funds for the Home First Program from the Ohio Department of Job and Family Services to the Ohio Department of Aging; and authorize expenditures from line items used for Home First in amounts exceeding the appropriated amounts if receipts credited to the funds supporting those line items exceed the amounts appropriated due to individuals transitioning to PASSPORT, PACE, or Assisted Living under Home First. For FY 2012 and FY 2013, the transfers are required. In addition, the directors of Aging and Job and Family Services are required to request the Director of Budget and Management to authorize expenditures in amounts exceeding the appropriated amounts if receipts credited exceed appropriated amounts."

"Expenditures for community transition services provided through PASSPORT and Assisted Living would likely decrease."

"Revenue recovered for unresolved debt from long-term care providers could increase."

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

GRF-490-423 Long-Term Care Budget - State. 3C40-490-623 Long-Term Care Budget.

4J40-490-610 PASSPORT/Residential State Supplement. 4U90-490-602 PASSPORT Fund.

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:

ODA anticipates that the total rule project that involves creating a unified waiting list in proposed new rule 173-44-04 of the Administrative Code and removing pre-House Bill No. 398 (128th G.A.) waiting-list language from rules 173-37-01, 173-38-03, 173-42-01, and 173-50-03 of the Administrative Code will have the

same cost of compliance highlighted inder "Local Fiscal Highlights" in the fiscal note and local impact statement for H. B. No. 398 (128th G.A.), "The Ohio Association on Area Agencies on Aging has stated that the bill will not impose new requirements on either area agencies on aging or county departments of job and family services. However, if either area agencies on aging or county departments of job and family services experience any increased administrative duties associated with the bill, the increased costs would likely be paid for with state and federal dollars." Additionally, no indiviual seeking to participate in the Assisted Living Program, Choices Program, PACE, or PASSPORT Program faces a cost of compliance associated with the total rule project.

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