5123:2-3-19 Licensed providers of waiver services.

 

 

 

 

 

 

NOTICE OF PUBLIC HEARING

 

 

Pursuant to Chapter 119. of the Revised Code, the Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD) hereby gives notice of its intent to adopt and rescind the following rules of the Administrative Code on a permanent basis on or about February 10, 2009, and to conduct a public hearing thereon.

 

Rule 5123:2-2-01 entitled "Provider Certification" is a new rule proposed for adoption.  The purpose of the rule is to establish the procedures and standards for certification of providers of supported living services and providers of services under Home and Community- Based Services (HCBS) waivers administered by ODMRDD.  The rule is intended to streamline and simplify rules by replacing three existing rules (5123:2-9-09, 5123:2-12-02, and 5123:2-12-06) with one rule.

The rule implements ODMRDD's existing statutory authority to time- limit provider certification and collect application fees for provider certification.

 

Rule 5123:2-3-19 entitled "Licensed Providers of Level One Waiver Services" is proposed for rescission and replacement by a new rule of the same number.

 

Rule 5123:2-3-19 entitled "Licensed Providers of Waiver Services" is a new rule proposed for adoption.  The purpose of the rule is to set forth that licensed providers under section 5123.19 of the Revised Code seeking to provide waiver services under HCBS waivers administered by ODMRDD shall submit an application to provide waiver services in accordance with procedures established by ODMRDD and shall comply with those service-specific waiver requirements in Chapters 5123:2-8, 5123:2-9, and 5123:2-13 of the Administrative Code that are in addition to the other licensure requirements in Chapter 5123:2-3 of the Administrative Code.

 

Rule 5123:2-9-09 entitled "HCBS Waivers - Application, Issuance, and Denial Procedures" is proposed for rescission.  The purpose of the rule is to establish procedures for applying for certification to provide waiver services under HCBS waivers administered by

 

 

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ODMRDD.  The rule will be replaced by proposed new rule 5123:2-2- 01.

Rule 5123:2-12-02 entitled "Supported Living Provider Certification" is proposed for rescission.  The purpose of the rule is to develop a process to establish the standards and procedures for certification of persons and government agencies that provide or propose to provide supported living services for individuals with mental retardation or developmental disabilities.  The rule will be replaced by proposed new rule 5123:2-2-01.

Rule 5123:2-12-06 entitled "Certified Supported Living Providers of Level One Waiver Services" is proposed for rescission. The purpose of the rule is to set forth that a supported living provider that provides or proposes to provide a service under the Level One HCBS waiver shall be subject to rules governing the Level One waiver.  The rule will be replaced by proposed new rule 5123:2-2-01.

A public hearing on the proposed rules will be held on December 29, 2008, beginning at 10:00 a.m., and continuing until all persons in attendance have had an opportunity to testify.  The hearing will be held in room 1240 of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215-3414.  At this hearing, ODMRDD will accept verbal and/or written testimony on the proposed rules under consideration.

Persons unable to attend the public hearing may submit written comments on the proposed rules. Any written comments received on or before the public hearing date will be treated as testimony and made available for public review.  Submittal of written comments may be made to Becky Phillips, Administrative Rules Coordinator, by e-mail to  [e-mail]; by fax to 614/752-8551; or by mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.

The proposed rules are available on the Register of Ohio website at:  http://registerofohio.state.oh.us and on the ODMRDD website at:  http://mrdd.ohio.gov/rules/development.htm.  The proposed rules are also available for review at each local county board of mental retardation and developmental disabilities.

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