5123:2-9-32 Home and community-based services waivers - adult family living under the individual options waiver.

 

 

 

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

5123:2-9-32

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Home and community-based services waivers - adult family

living under the individual options waiver.

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? 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: 5111.871, 5111.873, 5123.04, 5123.045, 5123.049, 5123.16

5.  Statute(s) the rule, as filed, amplifies or implements: 5111.871, 5111.873, 5123.04, 5123.045, 5123.049, 5123.16

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

To implement the new Adult Family Living service under the Individual Options Home and Community-Based Services waiver administered by the Department.

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 defines Adult Family Living and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

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 references are to the Revised Code and the Administrative Code. Pursuant to section 121.75 of the Revised Code, the requirements in sections

121.71 to 121.74 do not apply to an act of this state in the Laws of Ohio.

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:

Revised paragraph (B)(11)

From: "Individual" means means a person with a developmental disability. A guardian may take any action on behalf of the individual, may make choices for the individual, or may receive notice on behalf of the individual to the extent permitted by applicable law.

To: "Individual" means a person with a developmental disability or for purposes of giving, refusing to give, or withdrawing consent for services, his or her guardian in accordance with section 5126.043 of the Revised Code.

Revised paragraph (B)(19)

From: "Waiver eligibility span" means the twelve-month period following either an individual enrollment date or the subsequent eligibility re-determination date.

To: "Waiver eligibility span" means the twelve-month period following either an individual enrollment date or a subsequent eligibility re-determination date.

Revised paragraph (C)(4)

From: Failure to comply with this rule and either rule 5123:2-2-01 of the Administrative Code or Chapter 5123:2-3 of the Administrative Code, as applicable, may result in denial, suspension, or revocation of the provider's certification or licensure.

To: Failure of a certified provider to comply with this rule and rule 5123:2-2-01 of the Administrative Code may result in denial, suspension, or revocation of the provider's certification.

Added new paragraph (C)(5)

Failure of a licensed provider to comply with this rule and Chapter 5123:2-3 of the Administrative Code may result in denial, suspension, or revocation of the provider's license.

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 have no impact on revenues or expenditures.

$ 0

The new Adult Family Living service will replace services currently being provided

as Homemaker/Personal Care. Applicants for certification to provide the new Adult Family Living service will be required to pay an application fee under rule

5123:2-2-01 of the Administrative Code; those applicants, however, would pay the same fee to become certified as providers of the existing Homemaker/Personal Care service. Applicants for provider certification pay the same application fee, regardless of the number of services for which they seek approval to provide.

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

Not applicable.

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:

Applicants for certification to provide the new Adult Family Living service will be required to pay an application fee under rule 5123:2-2-01 of the Administrative Code; those applicants, however, would pay the same fee to become certified as providers of the existing Homemaker/Personal Care service. Applicants for provider certification pay the same application fee, regardless of the number of services for which they seek approval to provide. There is no additional cost in meeting the requirements of the rule.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No