5123:2-1-08 Waiting lists.

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
(614) 644-7393     (614)
644-5013
Agency Mailing Address (Plus Zip)                                       Phone                     Fax
5123:2-1-08
Rule Number
NEW
TYPE of rule filing
Rule Title/Tag Line              Waiting lists.
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: HB153               General Assembly: 129           Sponsor: Representative
Amstutz
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, 5126.042
5. Statute(s) the rule, as filed, amplifies or implements: 5123, 04, 5126.042, 5126.044, 5126.054, 5126.055
6. State the reason(s) for proposing (i.e., why are you filing,) this rule:
To comply with House Bill 153 of the 129th General Assembly. Necessary amendments to the existing rule affect more than fifty per cent of the rule. Therefore, the department is rescinding the existing rule and bringing forth a new rule of the same number.
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 the requirements for waiting lists established by a county board of developmental disabilities under section 5126.042 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:
Revised paragraph (D)(2)(a) from:
Absent objection by the individual, place the individual's name on the waiting list. to:
With the agreement of the individual, place the individual's name on the waiting list.
Revised second sentence of paragraph (D)(2)(d) from:
An individual who accepts alternative services may remain on the waiting list in his or her current position.
to:
An individual who accepts alternative services may, at the individual's choice, remain on the waiting list in his or her current position.
Revised second sentence of paragraph (D)(6) from:
If the individual refuses the services, the individual may remain on the waiting list in his or her current position.
to:
If the individual refuses the services, the individual may, at the individual's choice, remain on the waiting list in his or her current position.
Revised paragraph (D)(7)(a) from:
Review the current status, reassess the service needs, and notify the individual, the individual's guardian, and in accordance with section 5126.044 of the Revised Code, the individual's family, as applicable, of the individual's date of request; and
to:
Review the current status, reassess the service needs, and notify the individual, the individual's guardian, and in accordance with section 5126.044 of the Revised Code, the individual's family, as applicable, of the individual's position on the waiting list; and
Deleted paragraph (M) from the rule as it was originally filed on September 1, 2011:
(M) When this rule requires disclosure of the alternative services available to an individual, a county board shall ensure that providers are identified in accordance with sections 5126.046 and 5126.055 of the Revised Code and rules adopted by the department regarding free choice of provider.
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
The 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