5123:2-2-05 Employment first.

 

 

 

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

[e-mail]

Email

5123:2-2-05

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Employment first.

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? Yes

Bill Number: HB59                 General Assembly: 130           Sponsor: Representative

Amstutz

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: 5123.022, 5123.04

5.  Statute(s) the rule, as filed, amplifies or implements: 5123.022, 5123.04, 5126.05, 5126.051

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

The Department is proposing new rule 5123:2-2-05 to implement Ohio's Employment First Policy. The Employment First Policy was established by Executive Order 2012-05K and is codified in Section 5123.022 of the Revised

Code. The purpose of the rule is to ensure that individuals with developmental disabilities have opportunities to be engaged in community employment (i.e., work in the competitive labor market in which payment is at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities) that takes place in integrated settings (i.e., settings typically found in the community where persons with disabilities interact with persons without disabilities).

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 implements the Employment First Policy in accordance with Section

5123.022 of the Revised Code.

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 reference is to 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.

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. If applicable, indicate each

specific paragraph of the rule that has been modified:

Paragraph (C)(10) revised from:

"Prevocational services" means services that provide learning and work experiences from which an individual can develop general strengths and skills that are not specific to a particular task or job but contribute to employability in community employment, supported work at community-based sites, or self-employment. "Prevocational services" includes vocational habilitation funded in whole or part by the individual options, level one, and self-empowered life funding waivers.

Prevocational services shall be provided in accordance with the individual's individual plan or individual service plan, as applicable, and occur over a specified period of time with specific outcomes sought to be achieved.

to:

"Prevocational services" means services that provide learning and work experiences from which an individual can develop general strengths and skills that are not specific to a particular task or job but contribute to employability in community employment, supported work at community-based sites, or self-employment. "Prevocational services" includes vocational habilitation funded in whole or part by a home and community-based services waiver administered by the department.

Prevocational services shall be provided in accordance with the individual's individual plan or individual service plan, as applicable, and occur over a specified period of time with specific outcomes sought to be achieved.

Paragraph (C)(12) revised from:

"Supported employment services" means vocational assessment, job training and coaching, job development and placement, work site accessibility, and other services related to employment outside a sheltered workshop and includes all of the following which may be funded in whole or part by a home and community-based services waiver administered by the department:

to:

"Supported employment services" means vocational assessment, job training and coaching, job development and placement, work site accessibility, and other services related to employment outside a sheltered workshop and includes all of the following:

Added new paragraph (C)(12)(c):

Integrated employment funded in whole or part by a home and community-based services waiver administered by the department;

Added new paragraph (C)(12)(d):

Supported employment-community funded in whole or part by a home and

community-based services waiver administered by the department; and Added new paragraph (C)(12)(e):

Supported employment-enclave funded in whole or part by a home and community-based services waiver administered by the department.

Revised paragraph (D)(1) from:

Each individual of working age and each individual approaching completion of a program or service under Chapter 3323. of the Revised Code shall participate in an individualized person-centered planning process to identify the individual's unique strengths, interests, abilities, preferences, resources, and desired outcomes as they relate to community employment. The person-centered planning process shall begin with a review of available information to determine what additional information is needed and what supplemental situational and/or other formal or informal evaluations are needed to discover this information. For individuals who receive public assistance, the importance of obtaining a benefits analysis shall be emphasized to enable the individual to make informed decisions regarding employment. Resources available for obtaining a benefits analysis shall be identified for the individual prior to job development.

to:

Each individual of working age and each individual approaching completion of a program or service under Chapter 3323. of the Revised Code shall participate in an individualized person-centered planning process in accordance with, as applicable, rule 5123:2-1-11 of the Administrative Code or 42 C.F.R. 483.440 as in effect on the effective date of this rule, to identify the individual's unique strengths, interests, abilities, preferences, resources, and desired outcomes as they relate to community employment. The person-centered planning process shall begin with a review of available information to determine what additional information is needed and what supplemental situational and/or other formal or informal evaluations are needed to discover this information. For individuals who receive public assistance, the importance of obtaining a benefits analysis shall be emphasized to enable the individual to make informed decisions regarding employment. Resources available for obtaining a benefits analysis shall be identified for the individual prior to job development.

Revised paragraph (D)(3) from:

The results of the person-centered planning process, including the individual's desired outcomes as they relate to community employment, shall be integral to the development of the individual plan or individual service plan, as applicable.

to:

The results of the person-centered planning process, including the individual's desired outcomes as they relate to community employment, shall be integrated into the individual plan or individual service plan, as applicable.

Added new paragraph (E)(3):

The county board shall collaborate with workforce development agencies, vocational rehabilitation agencies, and mental health agencies in the county to support individuals to obtain community employment.

Revised paragraph (E)(6) from:

The county board shall collect and submit to the department data regarding individuals who do not receive paid employment services but who are engaged in competitive employment or community employment.

to:

The county board shall collect and submit to the department individual-specific data regarding the cost of non-medicaid employment services, employment outcomes for individuals who receive non-medicaid employment services, and employment outcomes for individuals who do not receive paid employment services but who are engaged in competitive employment or community employment.

Paragraph (F)(2) revised from:

Providers of employment services shall collect and submit to the department data regarding community employment, competitive employment, prevocational services, and supported employment services, including but not limited to, services provided to obtain or maintain employment, cost of services provided, number of individuals employed, industries hiring individuals, hours worked by individuals, and wages earned by individuals. The data shall be submitted in the format prescribed by the department and in a manner that does not disclose confidential information regarding individuals who receive employment services. Providers shall disseminate the data to individuals requesting employment services and to others upon request.

to:

Providers of employment services shall collect and submit to the department individual-specific data regarding employment services and employment outcomes including but not limited to, type of services provided, how individuals obtained employment, hours worked, wages earned, and occupations. The data shall be submitted through a web-based data collection system developed and maintained by the department.

Added new paragraph (F)(3):

Providers of employment services shall disseminate aggregate data regarding employment services and employment outcomes including but not limited to, type of services provided, how individuals obtained employment, hours worked, wages earned, and occupations, to individuals seeking employment services and others upon request. The data shall be disseminated in a manner that does not disclose confidential information regarding individuals receiving employment services.

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 increase expenditures.

$125,000

The Department is implementing a web-based information system for collecting and analyzing data about employment services. The cost of implementing the data collection system is estimated at $125,000.

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

322508 (Employment First GRF)

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:

The rule requires providers of employment services to submit a written progress report at least once every twelve months to the team of each individual served.

Recording and reporting information about the provision of services and how the services relate to an individual's plan is already universally required throughout the developmental disabilities service delivery system. It is expected that the new annual progress reports required by the rule may be compiled from information that has already been collected in the course of providing the services; thus, this requirement will have minimal fiscal impact.

The rule requires providers of employment services to report data for each individual served to the Department. The amount of time a provider spends reporting data will vary with the number of individuals the provider services. The Department's web-based data collection system will be designed to make this task as easy as possible. The Institute on Outcome Analysis has been engaged to develop the data collection system and estimates that providers will be able to enter information about each individual they serve in less than three minutes.

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? Yes

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? Yes

The rule applies to providers responsible for planning, coordinating, or providing

employment services to individuals with developmental disabilities. Paragraph (F)(1) requires providers to submit annual progress reports to the individual's team to demonstrate that the services provided are effectively helping the individual achieve community employment outcomes. It is already the case that providers participate as members of an individual's team when the individual's plan is developed or revised. Providers deliver services in accordance with the individual's plan. Providers are required to submit documentation of services in accordance with existing Department rules (in Chapter 5123:2-9 of the Administrative Code) governing Medicaid Home and Community-Based Services waiver services. It is expected that the new annual progress reports required by the rule may be compiled from information that has already been collected in the course of providing the services.

Paragraph (F)(2) requires providers to participate in the Department's data collection system to measure the effectiveness and efficiency of service delivery. This web-based system will be quick and easy for providers to use. The Institute on Outcome Analysis has been engaged to develop the data collection system and estimates that providers will be able to enter information about each individual they serve in less than three minutes. The impact on a provider will vary with the number of individuals the provider serves.

Paragraph (F)(3) requires providers to report aggregate data regarding employment services and employment outcomes to individuals seeking employment services and others upon request.

                                                                                                                                             

Page B-1                                                                                  Rule Number: 5123:2-2-05

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.

Paragraph (E)(5) requires county boards of developmental disabilities to collect and submit data to the department regarding individuals who do not receive paid employment services but who are engaged in competitive employment or community employment. It is unknown how many individuals who do not receive paid employment services are engaged in competitive employment or community employment but it is anticipated that county boards of developmental disabilities will be able to meet this requirement with existing staff resources.

To the extent county boards of developmental disabilities are providers of employment services, they will be subject to the requirements set forth in paragraph

(F) of the rule. Paragraph (F)(1) requires providers of employment services to submit a written progress report at least once every twelve months to the team of each individual served. Recording and reporting information about the provision of services and how the services relate to an individual's plan is already universally required throughout the developmental disabilities service delivery system. It is expected that the new annual progress reports required by the rule may be compiled from information that has already been collected in the course of providing the services; thus, this requirement will have minimal fiscal impact. Further, the role of Service and Support Administrators employed by county boards is to serve as the primary point of coordination for an individual and the individual's services. In accordance with rule 5123:2-1-11 of the Administrative Code, Service and Support Administrators are charged with using person-centered planning to develop, review, and revise the individual service plan at least once every twelve months.

Paragraph (F)(2) requires providers of employment services to report data for each individual served to the Department. The amount of time a provider spends reporting data will vary with the number of individuals the provider services. The Department's web-based data collection system will be designed to make this task as easy as possible. The Institute on Outcome Analysis has been engaged to develop the data collection system and estimates that providers will be able to enter

information about each individual they serve in less than three minutes.

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.

Paragraph (E)(5) requires county boards of developmental disabilities to collect and submit data to the department regarding individuals who do not receive paid employment services but who are engaged in competitive employment or community employment. It is unknown how many individuals who do not receive paid employment services are engaged in competitive employment or community employment but it is anticipated that county boards of developmental disabilities will be able to meet this requirement with existing staff resources.

To the extent county boards of developmental disabilities are providers of employment services, they will be subject to the requirements set forth in paragraph

(F)   of the rule. Paragraph (F)(1) requires providers of employment services to submit a written progress report at least once every twelve months to the team of each individual served. Recording and reporting information about the provision of services and how the services relate to an individual's plan is already universally required throughout the developmental disabilities service delivery system. It is expected that the new annual progress reports required by the rule may be compiled from information that has already been collected in the course of providing the services; thus, this requirement will have minimal fiscal impact. Further, the role of Service and Support Administrators employed by county boards is to serve as the primary point of coordination for an individual and the individual's services. In accordance with rule 5123:2-1-11 of the Administrative Code, Service and Support Administrators are charged with using person-centered planning to develop, review,

and revise the individual service plan at least once every twelve months.

Paragraph (F)(2) requires providers of employment services to report data for each individual served to the Department. The amount of time a provider spends reporting data will vary with the number of individuals the provider services. The Department's web-based data collection system will be designed to make this task as easy as possible. The Institute on Outcome Analysis has been engaged to develop the data collection system and estimates that providers will be able to enter information about each individual they serve in less than three minutes.

(a)  Personnel Costs

None.

(b)  New Equipment or Other Capital Costs

None.

(c)  Operating Costs

None.

(d)  Any Indirect Central Service Costs

None.

(e)  Other Costs

None.

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.

Ohio's Employment First Policy is designed to shift the culture, service delivery system, and resources of the developmental disabilities field. Some initial costs related to this shift (e.g., the Department's implementation of a web-based information system for collecting and analyzing data about employment services) may be incurred; these costs represent a very small percentage of the overall developmental disabilities system budget.

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

The rule supports economic development. Historically, people with developmental disabilities have been placed in sheltered workshops or other segregated settings and have not been afforded an opportunity to obtain competitive employment.

Currently, only 13 percent of working age Ohioans with developmental disabilities have jobs in the competitive workforce. Many individuals with developmental disabilities are living below the poverty line and unable to make choices about their lives. Independent living and employment often elude Ohioans with disabilities because support structures are not in place to help them know what jobs are available or to help them acquire skills needed to succeed. The assumption has often been made that competitive community employment is too difficult to obtain and therefore other, more easily-achievable alternatives are chosen. Ohio can and must do better, not just for Ohioans with developmental disabilities, but for the communities and job-creators that are missing out on this valuable sector of the workforce. Ohio's Employment First Policy is pushing realignment of services so that individuals have opportunities for real jobs that pay real wages to support an individual's life in his or her community.

                                                                                                                                             

Date:                November 18, 2013

To:                    Sydney King, Regulatory Policy Advocate Office of Ohio Lt. Governor Mary Taylor

From:                Becky Phillips, Administrative Rules Coordinator

Re:                    Employment First Rule Revisions

The Department made revisions to proposed new rule 5123:2-2-05 (Employment First) as indicated below by underline and strikethrough based on the comments, questions, and suggestions submitted by system stakeholders. Generally, the revisions are intended to provide clarification.  The revision made to paragraph (F)(1)-decreasing the frequency of submission of a written report of an individual's progress from once every six months to once every twelve months-further minimizes adverse impact on providers of services.

(A)

The purpose of this rule is to implement the employment first policy in accordance with section 5123.022 of the Revised Code.

(C)(12)

"Supported employment services" means vocational assessment, job training and coaching, job development and placement, work site accessibility, and other services related to employment outside a sheltered workshop and includes all of the following which may be funded in whole or part by a home and community-based services waiver administered by the department:

(a)  Job training resulting in the attainment of community employment, supported work in a typical work environment, or self-employment; and

30 East Broad Street                              [phone] (Phone)

12th Floor                                              [phone] (Fax)

Columbus, Ohio 43215-3414               dodd.ohio.gov

(b)  Support for ongoing community employment, supported work at community- based sites, or self-employment;.

(c)          Supported employment-community funded all or in part by the individual options and level one waivers;

(d)          Supported employment-enclave funded all or in part by the individual options,  level one, and self-empowered life funding waivers; and (e) Integrated  employment funded all or in part by the self-empowered life funding waiver.

(D)(1)

Each individual of working age and each individual approaching completion of a program or service under Chapter 3323. of the Revised Codes shall be provided with participate in an individualized person-centered planning process to identify the individual's unique strengths, interests, abilities, preferences, resources, and desired outcomes as they relate to community employment. The person-centered planning process shall begin with a review of available information to determine what additional information is needed and what supplemental situational and/or other formal or informal evaluations are needed to discover this information. For individuals who receive public assistance, this may include a benefits analysis to  ensure the individual understands how work incentives can be utilized to maximize earnings. the importance of obtaining a benefits analysis shall be emphasized to  enable the individual to make informed decisions regarding employment. Resources  available for obtaining a benefits analysis shall be identified for the individual prior to job development.

(D)(2)(b)

The individual's desired community employment outcome.

(E)(2)

In its strategic plan, the county board shall outline and periodically update its strategy and benchmarks for increasing the number of individuals of working age engaged in community employment services.

(E)(3)

The county board shall collaborate with school districts in the county to ensure a framework exists for individuals approaching completion of a program or service under Chapter 3323. of the Revised Code such that the county board and school districts in the county use similar methods to support students with developmental disabilities to obtain community employment and are not duplicating efforts.

Through this collaboration, the county board shall identify and attempt to resolve  any duplication of efforts.

(F)(1)

Providers of employment services shall submit to each individual's team at least once every six twelve months, or more frequently as requested decided upon by the team, a written progress report that demonstrates that services provided are consistent with the individual's identified community employment outcome and that the individual receiving services has obtained community employment or is advancing on the path to community employment.