5123:2-9-18 Home and community-based services waivers - non-medical transportation under the individual options, level one, and self-empowered life funding waivers.

 

 

 

 

 

 

 

 

NOTICE OF PUBLIC HEARING

 

 

Pursuant to Chapter 119. of the Revised Code, Section 1902(a)(13)(A) of the Social Security Act, and 42 C.F.R. 447.205, the Ohio Department of Developmental Disabilities hereby gives notice of its intent to amend the following rules of the Administrative Code on a permanent basis on or about July 1, 2014, and to conduct a public hearing thereon.

 

Pursuant to Section 1902(a)(13)(A) of the Social Security Act and 42 C.F.R. 447.205, the Department gives initial notice that rule 5123:2-7-20 entitled Intermediate Care Facilities - Resident Assessment Classification and Case Mix Payment System is being amended to add two resident assessment classifications.  Paragraph (C) of the rule defines criteria used to assign residents of Intermediate Care Facilities to case mix classifications used by the Department to gather data for the direct care payment system.  The existing High Adaptive Needs and/or Chronic Behaviors classification is being split into three separate classifications: 1) High Adaptive Needs and Chronic Behaviors, 2) High Adaptive Needs and Non-Significant Behaviors, and 3) Chronic Behaviors and Typical Adaptive Needs.  Additionally, the relative resource weights for resident assessment classifications, set forth in paragraph (E) of the rule, have been recalibrated based on 2010-2012 cost report wage and hour data submitted by Intermediate Care Facilities.  The amendments are being made in accordance with section 259.210 of House Bill 59 of the 130th General Assembly and are not expected to increase or decrease annual aggregate expenditures.

 

Rule 5123:2-9-18 entitled Home and Community-Based Services Waivers - Non-Medical Transportation Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers is being amended to permit Non- Medical Transportation to be used by individuals to get to and from a place  of employment, to clarify that a provider shall not bill for Community Inclusion or Homemaker/Personal Care provided by the driver during the same time Non-Medical Transportation is provided, and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

 

 

1

 

 

 

 

 

 

 

 

 

Pursuant to 42 C.F.R. 447.205, the Department gives notice that rule 5123:2-9-30 entitled Home and Community-Based Services Waivers - Homemaker/Personal Care Under the Individual Options and Level One Waivers is being amended to increase the payment rates for providers of Routine Homemaker/Personal Care. The payment rates are contained in Appendix A to the rule. House Bill 59 of the 130th General Assembly appropriated funds to increase payment rates for providers of Home and Community-Based Services. The Department convened a group of stakeholders to discuss how to allocate the appropriation; the group

determined that payment rates for Routine Homemaker/Personal Care would be increased in Fiscal Year 2015.  It is estimated that the increase in payment rates will increase annual aggregate expenditures by $8,143,322.

This estimate assumes the increased rates will become effective July 1, 2014.  Additional amendments are being made to clarify that a provider shall not bill for Homemaker/Personal Care provided by the driver during the same time Non-Medical Transportation is provided and to update references to rules of the Administrative Code.

Rule 5123:2-9-50 entitled Home and Community-Based Services Waivers - Administration of the Transitions Developmental Disabilities Waiver is being amended to remove a requirement for providers of Transitions Developmental Disabilities Waiver services to complete the provider enrollment process set forth in rule 5160-45-04 of the Administrative Code and to update references to rules of the Administrative Code.

Rule 5123:2-9-51 entitled Home and Community-Based Services Waivers - Adult Day Health Center Services Under the Transitions Developmental Disabilities Waiver is being amended to remove a requirement that Adult  Day Health Center Services include at least one meal per day, to remove transitional language that established training requirements for employees of Adult Day Health Center Services providers when the Department started administering the Waiver in 2013, and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

Rule 5123:2-9-54 entitled Home and Community-Based Services Waivers - Home Modification Services Under the Transitions Developmental Disabilities Waiver is being amended to reinforce that Home Modification Services shall be identified in the individual service plan, to remove a requirement for a therapist to conduct an in-person evaluation, to add a requirement for the individual and service and support administrator to verify that work performed as Home Modification Services is tested and in working order, to change the period for calculating Home Modification Services

expenditures from a rolling twelve-month period to a calendar year, and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

Rule 5123:2-9-56 entitled Home and Community-Based Services Waivers - Personal Care Aide Services Under the Transitions Developmental Disabilities Waiver is being amended to remove transitional language that established training requirements for personal care aides when the Department started administering the Waiver in 2013, to make clear that personal care aides employed by Medicare-certified or otherwise accredited home health agencies shall be supervised by a registered nurse or licensed practical nurse working at the direction of a registered nurse, and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

Rule 5123:2-9-57 entitled Home and Community-Based Services Waivers - Supplemental Adaptive and Assistive Devices Under the Transitions Developmental Disabilities Waiver is being amended to change the period for calculating Supplemental Adaptive and Assistive Devices expenditures from a rolling twelve-month period to a calendar year and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

Rule 5123:2-9-58 entitled Home and Community-Based Services Waivers - Supplemental Transportation Under the Transitions Developmental Disabilities Waiver is being amended to permit inspections of vehicles used for Supplemental Transportation to be conducted by certified mechanics and to update references to the Ohio Department of Medicaid and rules of the Administrative Code.

A public hearing on the proposed rule actions will be held on May 16, 2014, 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 under consideration.

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 614/644- 5013, or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.

The rules are available at the Register of Ohio website:  http://registerofohio.state.oh.us and at the Department's website:  https://doddportal.dodd.ohio.gov/rules/underdevelopment/Pages/default.aspx. The rules are also available for review at each county board of developmental disabilities.