5123:2-3-20 Receipt, investigation, and disposition of complaints.

 

 

 

 

 

 

 

 

 

NOTICE OF PUBLIC HEARING

 

 

The Ohio Department of Developmental Disabilities hereby gives notice of its intent to rescind and adopt the following rules of the Administrative Code on a permanent basis on or about January 21, 2016, and to conduct a public hearing thereon.

 

The Department has been working with stakeholders over the past year to revise and consolidate rules governing licensed residential facilities.  As a result of this comprehensive review, the Department is proposing to rescind 23 existing rules and bring forth 10 new replacement rules.

 

Existing rules to be rescinded include:

 

Rule 5123:2-3-01 entitled Definitions sets forth definitions for words and phrases used in Chapter 5123:2-3 of the Administrative Code. The rule will not be replaced; definitions for words and phrases used in new Chapter 5123:2-3 rules will be included within each new rule.

 

Rule 5123:2-3-02 entitled Licensure Application, Issuance, Survey, Renewal, and Sanction Procedures outlines the process and requirements for an initial and renewal license application, the licensure survey process, and the imposition of sanctions for a residential facility.  The rule is being replaced by new rule 5123:2-3-06.

 

Rule 5123:2-3-03 entitled Establishing a Term License establishes the standards used by the Department to determine the license term of a residential facility. The rule is being replaced by new rule 5123:2-3-06.

 

Rule 5123:2-3-04 entitled General Requirements establishes general requirements of the licensee to operate a residential facility. The rule is being replaced by new rule 5123:2-3-01.

 

 

 

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Rule 5123:2-3-05 entitled Admission, Discharge, and Transfer establishes uniform policies for admission, discharge, and transfer of individuals applying for admission to, or living in, residential facilities licensed by the Department. The rule is being replaced by new rule 5123:2-3-05.

Rule 5123:2-3-07 entitled Employment and Staffing ensures the outcomes related to health and safety of individuals residing in a residential facility are achieved in part by establishing requirements for employing staff, maintaining personnel records, and establishing minimum staffing standards. The rule is being replaced by new rule 5123:2-3-01.

Rule 5123:2-3-08 entitled Staff Training ensures the achievement of positive outcomes of individuals by establishing minimum and continuing education/training requirements for staff of a residential facility.  The rule is being replaced by new rule 5123:2-3-01.

Rule 5123:2-3-09 entitled Medication outlines the criteria and requirements for the administration, documentation, storage, and disposal of prescribed and over-the-counter medication in a residential facility.  The rule is being replaced by new rule 5123:2-3-04.

Rule 5123:2-3-10 entitled Physical Environment Requirements establishes minimum physical environment standards to ensure that individuals living in a residential facility are provided a safe, healthy, and home-like living environment that meets their specific needs. The rule is being replaced by new rules 5123:2-3-02 and 5123:2-3-08.

Rule 5123:2-3-11 entitled Fire Safety and Emergency Response Plans establishes standards for fire safety and responses to weather emergencies, natural disasters, or any emergency that may require the physical evacuation or relocation of individuals residing in a residential facility.  The rule is being replaced by new rule 5123:2-3-02.

Rule 5123:2-3-12 entitled Food, Clothing, and Personal Items achieves positive outcomes for individuals by involving individuals in decisions that relate to food and clothing and ensures that individuals' clothing and personal items are accounted for and maintained by the residential facility. The rule is being replaced by new rule 5123:2-3-04.

Rule 5123:2-3-13 entitled Individual Records ensures the confidentiality of individual information and establishes standards to ensure that individuals' records are readily accessible for implementation of services and supports

and for Department review during surveys. The rule is being replaced by new rule 5123:2-3-04.

Rule 5123:2-3-14 entitled Personal Funds of the Individual establishes standards of accountability in the licensee's handling of an individual's personal funds when the individual plan indicates the licensee is responsible for handling the individual's funds. The rule is being replaced by new rule 5123:2-2-07.

Rule 5123:2-3-15 entitled Procedures to Waive Licensure Rule Requirements sets forth procedures for a licensee to request a waiver of a condition or specific requirement of a rule in Chapter 5123:2-3 of the Administrative Code or a rule in other chapters of the Administrative Code adopted by the Department to license or regulate the operation of residential facilities. The rule is being replaced by new rule 5123:2-3-10.

Rule 5123:2-3-17 entitled Individual Plan sets forth that each individual living in a residential facility shall have a written description of services and activities to be provided to the individual. The rule is being replaced by new rule 5123:2-3-03.

Rule 5123:2-3-19 entitled Licensed Providers of Waiver Services sets forth that residential facilities providing services under a Medicaid Home and Community-Based Services waiver administered by the Department shall submit an application to provide waiver services and comply with service- specific waiver requirements. The rule is being replaced by new rule 5123:2- 3-01.

Rule 5123:2-3-20 entitled Receipt, Investigation, and Disposition of Complaints sets forth a process for receipt, investigation, and disposition of complaints involving a residential facility. The rule is being replaced by new rule 5123:2-3-06.

Rule 5123:2-3-21 entitled Public Notification Program of Adverse Action Taken by the Department establishes a program under which public notification is made by the Department when an adverse action has been taken against a licensee. The rule will not be replaced as Section 5123.19 of the Revised Code has been revised to require the Department to post at its website compliance reviews of residential facilities and plans of correction submitted by residential facilities.

Rule 5123:2-3-22 entitled Licensing Fees for Residential Facilities establishes fees and procedures for the licensing of residential facilities. The rule is being replaced by new rule 5123:2-3-06.

Rule 5123:2-3-23 entitled Issuance of Interim Licenses establishes procedures and criteria for issuance of interim licenses to residential facilities. The rule is being replaced by new rule 5123:2-3-08.

Rule 5123:2-3-24 entitled Participation of Individuals in Day Activities ensures that individuals who live in Intermediate Care Facilities for Individuals with Intellectual Disabilities are able to maximize community participation by being afforded the opportunity to participate in day activities. The rule is being replaced by new rule 5123:2-3-04.

Rule 5123:2-3-26 entitled Development of Licensed Residential Beds establishes uniform standards and procedures governing the development of residential facilities subject to licensure under section 5123.19 of the  Revised Code.  The rule is being replaced by new rule 5123:2-3-08.

Rule 5123:2-19-01 entitled Standards for Evaluating Applicants as Potential Receivers of Residential Facilities establishes standards for evaluating persons desiring to be included on a list of potential receivers of residential facilities. The rule is being replaced by new rule 5123:2-3-09.

New rules proposed for adoption include:

Rule 5123:2-2-07 entitled Personal Funds of the Individual establishes standards of accountability for a provider when an individual plan or individual service plan indicates the provider will be responsible for managing the individual's personal funds. The rule will replace existing rule 5123:2-3-14 governing licensed residential facilities and applies more broadly to all persons and entities that provide specialized services for individuals with developmental disabilities regardless of source of payment.

Rule 5123:2-3-01 entitled Licensed Residential Facilities - Administration and Operation sets forth requirements for administration and operation of residential facilities licensed in accordance with Section

5123.19 of the Revised Code. The rule will replace existing rules 5123:2-3- 04, 5123:2-3-07, 5123:2-3-08, and 5123:2-3-19.

Rule 5123:2-3-02 entitled Licensed Residential Facilities - Physical Environment Standards, Fire Safety, and Emergency Response Planning establishes minimum physical environment and safety standards to ensure that individuals living in residential facilities licensed in accordance with Section 5123.19 of the Revised Code are provided a safe, healthy, and home-like living environment that meets their specific needs.  The rule will replace existing rules 5123:2-3-10 and 5132:2-3-11.

Rule 5123:2-3-03 entitled Licensed Residential Facilities - Person- Centered Planning establishes standards to ensure that services for individuals living in residential facilities licensed in accordance with Section

5123.19 of the Revised Code are delivered pursuant to an individual plan or individual service plan that is developed through person-centered planning. The rule will replace existing rule 5123:2-3-17.

Rule 5123:2-3-04 entitled Licensed Residential Facilities - Provision of Services and Maintenance of Service Records establishes standards to ensure that services provided in residential facilities licensed in accordance with Section 5123.19 of the Revised Code focus on achievement of outcomes that are important to and important for individuals receiving services, that individuals are involved in development and delivery of their services, that the confidentiality of individuals' records is maintained, and that individuals' records are readily accessible for service delivery and review by the Department. The rule will replace existing rules 5123:2-3-12, 5123:2-3-13, and 5123:2-3-24.

Rule 5123:2-3-05 entitled Licensed Residential Facilities - Admission, Termination of Services, and Transfer establishes uniform policies for admission, termination of services, and transfer of individuals applying for admission to, or individuals living in, residential facilities licensed in accordance with Section 5123.19 of the Revised Code. The rule will replace existing rule 5123:2-3-05.

Rule 5123:2-3-06 entitled Licensed Residential Facilities - Compliance Reviews, Issuance of Licenses, and Adverse Actions sets forth processes for reviews conducted by the Department to ensure compliance by residential facilities licensed in accordance with Section 5123.19 of the Revised Code, the issuance of licenses for residential facilities operating in accordance with Chapters 5123. and 5124. of the Revised Code, and adverse actions for residential facilities not operating in accordance with Chapters 5123. and 5124. of the Revised Code. The rule will replace existing rules 5123:2-3-02, 5123:2-3-03, 5123:2-3-20, and 5123:2-3-22.

Rule 5123:2-3-08 entitled Licensed Residential Facilities - Development of Licensed Residential Beds establishes uniform standards and procedures governing the development and renovation of residential facilities subject to licensure in accordance with Section 5123.19 of the Revised Code. The rule will replace existing rules 5123:2-3-23 and 5123:2-3-26.

Rule 5123:2-3-09 entitled Licensed Residential Facilities - Standards for Evaluating Potential Receivers establishes standards for evaluating potential receivers of residential facilities licensed in accordance with Section

5123.19 of the Revised Code. The rule will replace existing rule 5123:2-19- 01.

Rule 5123:2-3-10 entitled Licensed Residential Facilities - Procedures to Waive Rule Requirements establishes procedures for a licensee to request that the Department waive a condition or specific requirement of a rule in Chapter 5123:2-3 of the Administrative Code or a rule in other chapters of the Administrative Code adopted by the Department to license or regulate the operation of residential facilities licensed in accordance with Section 5123.19 of the Revised Code.  The rule will replace existing rule 5123:2-3-15.

A public hearing on the proposed rule actions will be held on December 14, 2015, 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 the Lobby Hearing Room of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215.  At this hearing, the Department will accept verbal and/or written testimony on the proposed rule actions.  Persons unable to attend the public hearing may submit written comments on the proposed rule actions.  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 email to [e-mail], by fax to 614/752-8551, or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.

The rules are available for review at the Register of Ohio website (http://registerofohio.state.oh.us) and at the Department's website (http://dodd.ohio.gov/RulesLaws/Pages/Rules-Under-Development.aspx). The rules are also available for review at each county board of developmental disabilities.