5123:2-9-24 Home and community-based services waivers - transportation under the individual options and level one waivers.

 

 

 

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

5123:2-9-24

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Home and community-based services waivers - transportation

under the individual options and level one waivers.

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 Chapters 5123:2-8 and 5123:2-13 of the Administrative Code and bringing forth new rules for Level One Waiver and Individual Options Waiver services under Chapter 5123:2-9 of the Administrative Code. This rule will replace existing rules 5123:2-8-07 and 5123:2-13-05.

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 Transportation 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:

The incorporated references are to regulations in the Code of Federal Regulations. The Code of Federal Regulations is generally available to the public at law libraries, depository libraries, and on the internet. A link to the Code of Federal Regulations is provided on the Department's website at http://dodd.ohio.gov/rules/rules.htm.

Pursuant to section 121.75 of the Revised Code, the requirements in sections

121.71 to 121.74 do not apply to the Code of Federal Regulations.

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:

Revised first sentence of paragraph (C)(3) from:

An applicant seeking approval to provide transportation as an independent provider shall present an official driver's abstract prepared by the bureau of motor vehicles no earlier than fourteen days prior to the date of his or her application for initial or

renewal provider certification. to:

An applicant seeking approval to provide transportation as an independent provider shall present his or her driving record prepared by the bureau of motor vehicles no earlier than fourteen days prior to the date of his or her application for initial or renewal provider certification.

Revised first sentence of paragraph (C)(5)(c) from:

Require each driver to present an official driver's abstract prepared by the bureau of motor vehicles no earlier than fourteen days prior to the date of initial employment as a driver and at least once every three years thereafter.

to:

Obtain, for each driver, a driving record prepared by the bureau of motor vehicles no earlier than fourteen days prior to the date of initial employment as a driver and at least once every three years thereafter.

Revised answer to question 15 of the Fiscal Analysis based on revisions made to paragraphs (C)(3) and (C)(5)(c) of the rule. Because the rule as revised no longer requires an "official driver's abstract," there is no known cost of compliance to the rule.

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:

There is no known cost of compliance.

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