5123:2-9-21 Home and community-based services waivers - informal respite under the level one waiver.

 

 

 

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

5123:2-9-21

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Home   and   community-based  services   waivers   -  informal respite under the level one waiver.

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, 5123.045, 5123.049, 5123.16

5.  Statute(s) the rule, as filed, amplifies or implements: 5111.871, 5111.873, 5123.04, 5123.045, 5123.049, 5123.16

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

The department is rescinding existing rules under Chapter 5123:2-8 of the Administrative Code and bringing forth new rules for Level One Waiver services under Chapter 5123:2-9 of the Administrative Code. This rule will replace existing rule 5123:2-8-03.

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 defines Informal Respite and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

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) from:

In order to be eligible for informal respite, the individual or his or her authorized representative must be able and willing to accept responsibility for training the provider and monitoring health management activities, behavior support, major unusual incident reporting, and other activities required to meet the needs of the individal as identified in the individual service plan.

to:

In order to be eligible for informal respite, the individual or his or her designee must be able and willing to accept responsibility for training the provider and monitoring health management activities, behavior support, major unusual incident reporting, and other activities required to meet the needs of the individal as identified in the individual service plan.

Revised paragraph (D)(3) from:

The individual or his or her authorized representative shall document the following on forms and according to procedures prescribed by the department:

to:

The individual or his or her designee shall document the following on forms and according to procedures prescribed by the department:

Revised paragraph (D)(4) from:

Failure of the individual or his or her authorized representative to fulfill the requirements of this rule shall render the individual ineligible for informal respite under the waiver and, subsequent to prior notice and hearing rights in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, informal respite shall be terminated.

to:

Failure of the individual or his or her designee to fulfill the requirements of this rule shall render the individual ineligible for informal respite under the waiver and, subsequent to prior notice and hearing rights in accordance with Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, informal respite shall be terminated.

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:

None.

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