5123:1-5-02 Assistance to enable a county board to pay the nonfederal share of medicaid expenditures for home and community-based services.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Developmental Disabilities

Agency Name

 

Fiscal Administration and State-Operated Services and Supports

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

[e-mail]

Email

5123:1-5-02

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Assistance  to  enable  a  county  board  to  pay  the  nonfederal

share        of      medicaid       expenditures         for      home                and community-based services.

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, 5123.0413

5.  Statute(s) the rule, as filed, amplifies or implements: 5123.04, 5123.0413, 5126.0512

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

The rule is due for five-year review. The Department is proposing to make nonsubstantive revisions which include correcting a reference to a statute and eliminating use of acronyms. The Department is rescinding the existing rule and bringing forth a "clean" new rule of the same number and title.

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 process for a county board of developmental disabilities to request assistance from the Department in the event of failure of an operating levy for services for individuals with developmental disabilities in that county and the process for the Department to respond to such request.

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

Revised paragraph (C)(2) from:

Prior to making the request, the county board shall do all of the following: to:

Prior to making the request, a county board shall:

Revised paragraph (C)(3) from:

A county board shall submit the following to the department when requesting assistance:

to:

When requesting assistance, a county board shall submit to the department: Revised paragraph (D)(1) from:

The department may seek additional information, data, or reports on any of the following topics:

to:

The department may seek additional information, data, or reports regarding: Revised paragraph (D)(1)(b) from:

Source, amount, and use of revenues of the county board over the last ten years; to:

Source, amount, and use of revenues of the county board for the most recent ten years;

Revised paragraph (E)(1) from:

The department shall decide whether or not to provide assistance based on the following criteria:

to:

The department shall decide whether or not to provide assistance based on: Revised paragraph (E)(1)(a) from:

Efficiency of administration; to:

Efficiency of the county board's administration; Revised the last sentence of paragraph (E)(3) from: The department shall consider the following factors: to:

The department shall consider:

Revised paragraph (F)(1) from:

Upon the grant of assistance, the county board shall submit the following reports to the department on a quarterly basis:

to:

Upon the grant of assistance, the county board shall submit to the department on a quarterly basis:

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

The proposed rule will neither increase nor decrease the Department's overall revenues or expenditures as the Department must operate within its budget appropriation. If the Department provides assistance to a financially distressed county board of developmental disabilities in accordance with the proposed rule, an expenditure would be made from General Revenue Fund, line item 653407 (Medicaid Services). If the Department provides assistance to a financially distressed county board, the amount available in those line items to other county boards for Medicaid match would be reduced by the same amount.

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

If the Department provides assistance to a financially distressed county board of

developmental disabilities in accordance with the proposed rule, an expenditure would be made from General Revenue Fund, line item 653407 (Medicaid Services). If the Department provides assistance to a financially distressed county board, the amount available in those line items to other county boards for Medicaid match would be reduced by the same amount.

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? Yes

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

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? No

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? No

                                                                                                                                             

Page B-1                                                                                  Rule Number: 5123:1-5-02

Rule Summary and Fiscal Analysis (Part B)

1.  Does the Proposed rule have a fiscal effect on any of the following?

(a)  School Districts

(b)    Counties                                 (c) Townships           (d) Municipal

Corporations

No                                Yes                              No                                No

2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

There is no direct cost of compliance with the proposed rule. If however, the Department provides assistance to a financially distressed county board of developmental disabilities in accordance with the process set forth in the proposed rule, the amount of funding available to other county boards for Medicaid waiver match will be reduced by the same amount. Other county boards, therefore, would have to provide more match from their local dollars. The Department is unable to provide an estimate because it is not possible to project whether one or more county boards will have an operating levy fail and request assistance from the Department.

3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

Not Applicable.

5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

There is no direct cost of compliance with the proposed rule. If however, the

Department provides assistance to a financially distressed county board of developmental disabilities in accordance with the process set forth in the proposed rule, the amount of funding available to other county boards for Medicaid waiver match will be reduced by the same amount. Other county boards, therefore, would have to provide more match from their local dollars. The Department is unable to provide an estimate because it is not possible to project whether one or more county boards will have an operating levy fail and request assistance from the Department.

(a)  Personnel Costs

Not applicable.

(b)  New Equipment or Other Capital Costs

Not applicable.

(c)  Operating Costs

There is no direct cost of compliance with the proposed rule. If however, the Department provides assistance to a financially distressed county board of developmental disabilities in accordance with the process set forth in the proposed rule, the amount of funding available to other county boards for Medicaid waiver match will be reduced by the same amount. Other county boards, therefore, would have to provide more match from their local dollars. The Department is unable to provide an estimate because it is not possible to project whether one or more county boards will have an operating levy fail and request assistance from the Department.

(d)  Any Indirect Central Service Costs

Not applicable.

(e)  Other Costs

Not applicable.

6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

Section 5123.0413 of the Revised Code requires the Department to establish a

method of paying for Home and Community-Based Services in the event a county property tax levy for services for individuals with developmental disabilities fails. The rule was developed in collaboration with the Ohio Association of County Boards Serving People with Developmental Disabilities. The process set forth in the proposed rule was deemed necessary to enable the Department to provide assistance to a financially distressed county board. The process set forth in the rule is a vital step toward ensuring that county boars will be able to fulfill their statutorily-mandated responsibility to coordinate the provision of services to people with developmental disabilities.

7.  Please provide a statement on the proposed rule's impact on economic development.

The rule is not expected to impact economic development.