5123:2-9-13 Home and community-based services waivers - career planning under the individual options, level one, and self-empowered life funding waivers.

 

 

 

5123:2-9-13                 HCBS waivers - supported employment.

 

 

 

(A)Purpose

 

The purpose of this rule is to specify the service definition for supported employment and to set forth the certification standards required under section 5123.045 of the Revised Code for providers of supported employment services to individuals enrolled in HCBS waivers administered by the department.

 

(B)Definitions

 

(1)"Agency" means an entity, other than a county board, that employs persons for the purpose of providing supported employment services.

 

(2)"Applicant" means a county board or an agency seeking to become a certified provider of supported employment services.

 

(3)"Certified provider" means an individual provider, a county board, or an agency certified to provide supported employment services in accordance with this rule.

 

(4)"County board" means a county board of mental retardation and developmental disabilities established under Chapter 5126. of the Revised Code.

 

(5)"Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.

 

(6)"Direct contact" means providing on-site supervision and/or supports to an individual for whom supported employment services are being provided through the HCBS waiver.

 

(7)"Formal training" means training in supported employment or related services topics. Training contact hours may be obtained through one or more of the following means:

 

(a) Lectures, seminars or formal coursework;

 

(b) Workshops and conferences;

 

(c) Distance learning and other electronic means of learning;

 

(d)Video conferencing and other audio-visual training.

 

(8)"GED" means general educational development, a diploma equivalent to a high school diploma issued by the Ohio department of education.

 

(9) "Habilitation management" includes the responsibilities prescribed in section

 

 

 

5126.14 of the Revised Code.

(10) "HCBS waiver" means medicaid-funded home and community-based services provided under a medicaid component that the department administers pursuant to section 5111.871 of the Revised Code.

(11) "Individual" means a person with mental retardation and/or developmental disabilities.

(12) "Individual applicant" means a person seeking to become a certified provider of supported employment services.

(13) "Individual provider" means a person who provides supported employment services.

(14) "ISP" means individual service plan, a written description of services, supports and activities to be provided to an individual.

(15) "ODJFS" means the Ohio department of job and family services as established by section 121.02 of the Revised Code.

(16) "Provider" means an individual provider, a county board, or an agency that:

(a) Is certified by the department to provide home and community-based services; and

(b) Has a medicaid provider agreement from ODJFS that covers the services.

(17) "Related services" means services similar to supported employment services, including job development and placement, job training, and follow-along and are designed to prepare an individual for employment, place an individual in employment, and ensure the individual maintains employment.

(18) "SSA" means service and support administrator.

(19) "Supported employment services" means services which consist of paid employment for persons for whom competitive employment at or above the minimum wage is unlikely, and who, because of their disabilities, need intensive ongoing support to perform in a work setting. Supported employment is conducted in a variety of settings, particularly work sites, in which persons without disabilities are employed. Supported employment includes activities needed to sustain paid work by individuals receiving waiver services, including supervision and training.

(a) When supported employment services are provided at a work site in which persons without disabilities are employed, payment will be made only for  the  adaptations,  direct  supervision  and  training  required  by

individuals receiving waiver services as a result of their disabilities, and will not include payment for the supervisory activities rendered as a normal part of the business setting.

(b) Supported employment services furnished under the waiver are not available under a program funded by either the "Rehabilitation Act of 1973," 29 U.S.C. 701, as amended and in effect on the effective date of this rule, or the "Education for All Handicapped Children Act of 1975," 20 U.S.C. 1400 et. seq. as in effect on the effective date of this rule. Documentation will be maintained in the file of each individual receiving this service indicating that the service is not otherwise available under a program funded under the "Rehabilitation Act of 1973" or the "Education for All Handicapped Children Act of 1975."

(c) Federal financial participation (FFP) will not be claimed for incentive payments, subsidies or unrelated vocational training expenses including the following:

(i) Incentive payments made to an employer to encourage or subsidize the employer's participation in a supported employment program;

(ii) Payments that are passed through to users of supported employment programs, or

(iii) Payments for vocational training that is not directly related to an individual's supported employment program.

(20) "Supported employment subcontracted service" means supported employment services provided pursuant to a subcontract.

(C)General requirements for certified providers

Certified providers of supported employment services shall:

(1) Participate in the individual's ISP meetings if and when the individual requests them to attend;

(2) Perform tasks and duties according to the individual's ISP;

(3) Recognize changes in the individual's condition and behavior as well as safety and sanitation hazards, report to the SSA and record the changes in the individual's written record; and

(4) Document all services provided to and on behalf of the individual in accordance with 5123:2-9-05 of the Administrative Code.

(D)Standards and requirements for initial certification of individual providers

An individual applicant for individual provider certification for supported employment services shall meet all of the following requirements in order to ensure the health and welfare of individuals receiving supported employment services.

(1) The individual applicant shall submit an application in accordance with rule 5123:2-9-09 of the Administrative Code.

(2) The individual applicant shall meet the requirement that the applicant be at least eighteen years of age and have a high school diploma or GED.

(3) Experience and training

The individual applicant shall demonstrate at least one year of paid experience providing supported employment services or related services or show evidence of the successful completion of thirty contact hours of formal training in supported employment services or related services.

(4) Criminal background check

The individual applicant shall provide to the department written assurance that the individual applicant has complied with the requirements for background investigations established under section 5126.281 of the Revised Code and rules 5123:2-1-05 and 5123:2-1-05.1 of the Administrative Code.

(5) Abuser registry

(a) The individual applicant shall provide to the department written assurance that, as of the date of the application, the individual applicant is not listed on the abuser registry established pursuant to sections 5123.50 to 5123.54 of the Revised Code.

(b) The individual applicant shall provide to the department written assurance that the individual applicant will follow the requirements of sections 5123.50 to 5123.54 of the Revised Code.

(6) Nurse aide registry

The individual applicant shall provide to the department written assurance that the individual applicant, as of the date of the application, is not listed on the nurse aide registry established under section 3721.32 of the Revised Code indicating that the director of the Ohio department of health has made a determination of abuse, neglect, or misappropriation of property of a resident of a long-term care facility or residential care facility by the person.

(7) Certification in cardiopulmonary resuscitation (CPR)

The individual applicant shall provide to the department written assurance that the individual applicant holds a valid certification in CPR.

(8) Training related to incidents adversely affecting health and safety

The individual applicant shall provide to the department documentation that the individual applicant has completed training in the requirements of rule 5123:2-17-02 of the Administrative Code relating to incidents adversely affecting health and safety.

(9) Assurance on prevention of incidents adversely affecting health and safety

The individual applicant shall provide to the department written assurance that the individual applicant shall comply with the provisions of rule 5123:2-17-02 of the Administrative Code and take all reasonable steps necessary to prevent the occurrence or reoccurrence of incidents adversely affecting health and safety.

(10) Training in individual rights

The individual applicant shall submit to the department documentation that the individual applicant has completed training in the provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code.

(11) Assurance for behavior supports

The individual applicant shall provide to the department written assurance that the individual applicant will comply with the requirements of behavior support rules adopted by the department.

(12) Assurance for medication administration and the performance of health care tasks

The individual applicant shall provide to the department written assurance that all medication administration and the performance of health care tasks shall be carried out in accordance with the applicable requirements of Chapters 4723., 5123., and 5126. of the Revised Code and rules adopted under those chapters.

(13) Assurance for individual needs

The individual applicant shall provide to the department written assurance that the individual applicant shall only agree to provide services to any individual whose needs the applicant can meet.

(14) Assurance for ISP compliance

The individual applicant shall provide to the department written assurance that the individual applicant shall implement supported employment services in accordance with the ISP.

(15) Assurance for coordination of services

The individual applicant shall provide to the department written acknowledgement of the individual applicant's ongoing responsibility to coordinate with designated persons and family members, where appropriate, to ensure the provision of services in accordance with the ISP.

(16) Assurance for provider eligibility

The individual applicant shall provide to the department written assurance that the individual applicant shall not provide supported employment services to his/her minor child (under age eighteen) or his/her spouse.

(17) Assurance for ongoing training

The individual applicant shall provide to the department written assurance that the individual applicant will receive training in accordance with paragraph (I) of this rule.

(E)Standards and requirements for continuing certification of individual providers

After being certified in accordance with paragraph (D) of this rule, all individual providers of supported employment services shall meet all of the following requirements in order to ensure the health and welfare of individuals receiving supported employment services.

(1) Criminal background check

(a) An individual provider shall report to the department if he or she is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed in division (E) of section 5126.28 of the Revised Code. The individual provider shall make such report, in writing, no later than fourteen calendar days after the date of such charge, conviction  or guilty plea.

(b) The  individual  provider  shall  comply  with  section  5126.281  of  the Revised Code and rule 5123:2-1-05.1 of the Administrative Code.

(c) The department may initiate revocation proceedings for any individual provider  who  has  failed  to  report  in  accordance  with  paragraph

(E)(1)(a) of this rule that he or she was charged with, convicted of or pled guilty to any of the offenses listed in division (E) of section 5126.28 of the Revised Code.

(d)The department shall initiate revocation proceedings for any individual provider who has been convicted of or pled guilty to any of the offenses listed in division (E) of section 5126.28 of the Revised Code unless the individual provider meets the standards set forth in paragraph (N) or (R) of rule 5123:2-1-05.1 of the Administrative Code.

(2) Abuser registry

The department shall initiate revocation proceedings for any individual provider whose name has been placed on the abuser registry  established under sections 5123.50 to 5123.54 of the Revised Code.

(3) CPR

The individual provider shall maintain a valid certification in CPR.

(4) Training related to incidents adversely affecting health and safety

(a) At least annually, the individual provider shall complete training in the requirements of rule 5123:2-17-02 of the Administrative Code relating to incidents adversely affecting health and safety.

(b) The individual provider shall maintain documentation of such training in accordance with paragraph (I)(8) of this rule and present such documentation upon request by ODJFS, the department or the county board.

(5) Prevention of incidents adversely affecting health and safety

The individual provider shall comply with the requirements of rule 5123:2-17-02 of the Administrative Code, except that the individual provider is not required to comply with the provisions of paragraphs (F)(1), (G)(1), (G)(4), (G)(5), (H)(1) and (H)(2) of rule 5123:2-17-02 of the Administrative Code. The individual provider shall take all reasonable steps necessary to prevent the occurrence or reoccurrence of incidents adversely affecting health and safety.

(6) Training in individual rights

(a) At least annually, the individual provider shall complete training in the provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code.

(b) The individual provider shall maintain documentation of such training in accordance with paragraph (I)(8) of this rule and present such documentation upon request by ODJFS, the department and the county board.

(7) Behavior supports

(a) The individual provider shall comply with the requirements of behavior support established under rules adopted by the department.

(b) If there is an individual behavior support plan, the individual provider shall be trained in components of the plan.

(c) The individual provider shall maintain documentation of such training in accordance with paragraph (I)(8) of this rule and present such documentation upon request by ODJFS, the department and the county board.

(8) Medication administration and the performance of health care tasks

The individual provider shall provide evidence that all medication administration and performance of health care tasks are carried out in accordance with the applicable requirements of Chapters 4723., 5123., and 5126. of the Revised Code and rules adopted under those chapters.

(9) Individual needs

The individual provider shall only agree to provide services to any individual whose needs the individual provider can meet.

(10) ISP compliance

(a) The individual provider shall implement supported employment services in accordance with the ISP.

(b) The need for assistance with medications or health care tasks as identified in paragraph (E)(8) of this rule shall be specified in the ISP. The presence of a behavior support plan and the requirements for training as identified in paragraph (E)(7)(b) of this rule shall be specified in the ISP.

(11) Coordination of services

The individual provider shall coordinate with designated persons and family members, where appropriate, to ensure the provision of services  in accordance with the ISP.

(12) Provider eligibility

The individual provider shall not provide supported employment services to his/her minor child (under age eighteen) or his/her spouse.

(13) Evidence of department certification

The individual provider shall maintain documentation from the department of the individual provider's certification under this rule.

(14) Continuing education/training

The individual provider shall receive annual continuing education/training in accordance with paragraph (I) of this rule.

(F) Standards and requirements for initial certification of county boards and agency providers

An applicant shall meet all of the following requirements in order to ensure the health and welfare of individuals receiving supported employment services.

(1) The applicant shall submit an application in accordance with rule 5123:2-9-09 of the Administrative Code.

(2) Assurance for chief executive officer or a person responsible for administration

The applicant shall provide to the department written assurance that the applicant has employed a chief executive officer or a person responsible for administration who has either a bachelor's degree from an accredited institution or at least two years experience in mental retardation or developmental disabilities, health care, social services, or supported employment.

(a) The chief executive officer or person responsible for administration shall be responsible for the following functions:

(i) Personnel matters;

(ii) Supervision of employees;

(iii) Program services; and

(iv) Financial management.

(b) The applicant shall have written policies and procedures that address the applicant's management practices in the following areas:

(i) Confidentiality of individuals' records;

(ii) Individual satisfaction;

(iii) A description of internal monitoring and evaluation procedures to improve services delivered;

(iv) A table of organization;

(v) Staff training plan;

(vi) Habilitation management;

(vii) A requirement that employees who provide supported employment services shall be at least eighteen years of age and have a high school diploma or GED;

(viii) A requirement that employees who provide supported employment services shall demonstrate at least one year of paid experience providing supported employment services or related services or show evidence of the successful completion of thirty contact hours of formal training in supported employment services or related services.

(3) Criminal background check

The applicant shall provide to the department written assurance that the applicant has complied with the requirements for background investigations established under section 5126.281 of the Revised code and rules 5123:2-1-05 and 5123:2-1-05.1 of the Administrative Code.

(4) Abuser registry

(a) For employees, subcontractors of the applicant, and employees of subcontractors who provide specialized services to an individual with mental retardation or a developmental disability as defined in division (G) of section 5123.50 of the Revised Code, the applicant shall provide to the department written assurance that, as of the date of the application, no such persons are listed on the abuser registry established pursuant to sections 5123.50 to 5123.54 of the Revised Code.

(b) The applicant shall provide to the department written assurance that the applicant will follow the requirements of sections 5123.50 to 5123.54 of the Revised Code.

(5) Nurse aide registry

For employees, subcontractors of the applicant, and employees of subcontractors who provide specialized services to an individual with mental retardation or a developmental disability as defined in division (G) of section 5123.50 of the Revised Code, the applicant shall provide to the department written assurance that, as of the date of the application, no such persons are listed on the nurse aide registry established under section 3721.32 of the Revised Code indicating that the director of the Ohio department of health has made a determination of abuse, neglect, or misappropriation of property of a resident of a long-term facility or residential care facility by the person.

(6) Certification in cardiopulmonary resuscitation (CPR)

The applicant shall provide to the department written assurance that at least one employee with a valid certification in CPR shall be present when an individual is receiving supported employment services that require the provider to be in direct contact with the individual.

(7) Training relating to incidents adversely affecting health and safety

The applicant shall submit to the department documentation that employees of the applicant have completed training in the requirements of rule 5123:2-17-02 of the Administrative Code relating to incidents adversely affecting health and safety.

(8) Assurance on prevention of incidents adversely affecting health and safety

The applicant shall provide to the department written assurance that the applicant shall comply with the provisions of rule 5123:2-17-02 of the Administrative Code and shall take all reasonable steps necessary to prevent the occurrence or reoccurrence of incidents adversely affecting health and safety.

(9) Training in individual rights

The applicant shall submit to the department documentation that the employees of the applicant have completed training in the provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code.

(10) Assurance for behavior supports

The applicant shall provide to the department written assurance that the applicant will comply with the requirements of behavior supports established under rules adopted by the department.

(11) Assurance for medication administration and the performance of health care

tasks

The applicant shall provide to the department written assurance that all medication administration and the performance of health care tasks shall be carried out in accordance with the applicable requirements under Chapters 4723., 5123., and 5126. of the Revised Code, and rules adopted under those chapters.

(12) Assurance for individual needs

The applicant shall provide to the department written assurance that the applicant shall only agree to provide services to any individual whose needs the applicant can meet.

(13) Assurance for ISP compliance

The applicant shall provide to the department written assurance that employees of the applicant shall implement supported employment services in accordance with the ISP.

(14) Assurance for habilitation management

The  applicant  shall  provide  to  the  department  written  assurance  that  the applicant shall provide habilitation management.

(15) Coordination of services

The applicant shall provide to the department written assurance that the applicant shall coordinate with designated persons and family members, where appropriate, to ensure the provision of services in accordance to the ISP.

(16) Assurance for provider eligibility

The applicant shall provide to the department written assurance that neither the applicant nor any employee of the applicant shall provide supported employment services to his/her minor child (under age eighteen) or his/her spouse.

(17) Assurance for employee certification

The applicant shall provide to the department written assurance that the applicant will ensure that employees of the applicant meet initial and continuing standards for certification as outlined in paragraphs (F) and (G) of this rule.

(18) Assurance for employee training

The applicant shall provide to the department written assurance that employees of the applicant will receive training in accordance with paragraph (I) of this rule.

(G) Standards and requirements for continuing certification of county boards and agency providers

After being certified in accordance with paragraph (F) of this rule, all county boards and agency providers of supported employment services shall meet all of the following requirements in order to ensure the health and welfare of individuals receiving supported employment services.

(1) Chief executive officer or person responsible for administration

The county board and agency provider shall employ a chief executive officer or a person responsible for administration who has either a bachelor's degree from an accredited institution or at least two years experience in mental retardation or developmental disabilities, health care, social services or supported employment.

(a) The chief executive officer or person responsible for administration shall be responsible for the following functions:

(i) Personnel matters;

(ii) Supervision of employees;

(iii) Program services; and

(iv) Financial management.

(b) The county board and agency provider shall have written policies and procedures that address the provider's management practices in the following areas:

(i) Confidentiality of individuals' records;

(ii) Individual satisfaction;

(iii) A description of internal monitoring and evaluation procedures to improve services delivered;

(iv) A table of organization;

(v) Staff training plan;

(vi) Habilitation management;

(vii) A requirement that employees who provide supported employment services shall be at least eighteen years of age and have a high school diploma or GED;

(viii) A requirement that employees who provide supported employment services shall demonstrate at least one year of paid experience providing supported employment services or related services or show evidence of the successful completion of thirty contact hours of formal training in supported employment services or related services.

(2) Criminal background check

(a) The county board and agency provider shall require any employee in a direct services position as defined in section 5123.281 of the Revised Code to report, in writing, to the agency provider if the employee is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed in division (E) of section 5126.28 of the Revised Code no later than fourteen calendar days after the date of such charge, conviction or guilty plea.

(b) The county board and agency provider shall comply with section 5126.281 of the Revised Code and rule 5123:2-1-05.1 of the Administrative Code.

(3) Abuser registry

The county board and agency provider shall follow the requirements of sections 5123.50 to 5123.54 of the Revised Code and assure that subcontractors who provide specialized services as defined in division (G) of section 5123.50 of the Revised Code shall meet the requirements of sections 5123.50 to 5123.54 of the Revised Code.

(4) Nurse aide registry

Prior to hiring an employee, the county board and agency provider shall contact the Ohio department of health to inquire whether the nurse aide registry established under section 3721.32 of the Revised Code reveals that its director has made a determination of abuse, neglect or misappropriation of property of a resident of a long-term care facility or residential care facility by the person.

(5) CPR

The county board and agency provider shall provide evidence that at least one person with a valid certification in CPR is present when the individual is receiving any supported employment service that requires the provider to be in direct contact with the individual.

(6) Training related to incidents adversely affecting health and safety

(a) The county board and agency provider shall provide evidence that all employees who have direct contact with individuals receiving supported employment services have completed training in the requirements of rule 5123:2-17-02 of the Administrative Code relating to incidents adversely affecting health and safety. Such training shall be completed annually.

(b) The county board and agency provider shall maintain documentation of such training in accordance with paragraph (I)(8) of this rule and present such documentation upon request by ODJFS, the department or the county board.

(c) The county board and agency provider shall ensure that all employees who have direct contact with individuals receiving supported employment services shall comply with the requirements of rule 5123:2-17-02 of the Administrative Code relating to incidents adversely affecting health and safety.

(7) Prevention of incidents adversely affecting health and safety

The county board and agency provider shall comply with the provisions of rule 5123:2-17-02 of the Administrative Code and shall take all reasonable steps necessary to prevent the occurrence or reoccurrence of incidents adversely affecting health and safety.

(8) Training in individual rights

(a) The county board and agency provider shall provide evidence that all employees who will have direct contact with individuals receiving supported employment services have completed training in the provisions governing rights of individuals set forth in sections 5123.62 to 5123.64 of the Revised Code. Such training shall be completed at least annually.

(b) The county board and agency provider shall maintain documentation of such training in accordance with paragraph (I)(8) of this rule and present such documentation upon request by ODJFS and the department.

(9) Behavior supports

(a) All employees of the county board and agency provider shall comply with the requirements of behavior support established under rules adopted by the department.

(b) If there is an individual behavior support plan, the employees of the county board and agency provider responsible for implementing the plan shall be trained in components of the plan.

(10) Medication administration and the performance of health care tasks

The county board and agency provider shall provide evidence that all medication administration and performance of health care tasks are carried out in accordance with the applicable requirements of Chapters 4723., 5123., and 5126. of the Revised Code and rules adopted under those chapters.

(11) Individual needs

The county board and agency provider shall only agree to provide services to any individual whose needs the provider can meet.

(12) ISP compliance

(a) The  county  board  and  agency  provider  shall  implement  supported employment services in accordance with the ISP.

(b) The need for assistance with medications or health care tasks as identified in paragraph (G)(10) of this rule shall be specified in the ISP. The presence of a behavior support plan and the requirements for training as identified in paragraph (G)(9)(b) of this rule shall be specified in the ISP.

(13) Coordination of services

The county board and agency provider shall coordinate with designated persons and family members, where appropriate, to ensure the provision of services in accordance with the ISP.

(14) Habilitation management

The   county   board   and   agency   provider   shall   provide   habilitation management.

(15) Provider eligibility

No employee of a county board and agency provider shall provide supported employment services to his/her minor child (under age eighteen) or his/her spouse.

(16) Evidence of department certification

The county board and agency provider shall maintain documentation from the department of the provider's certification under this rule.

(17) Continuing education/training

All employees of county boards and agency providers who have direct contact with individuals receiving supported employment services shall receive annual continuing education/training in accordance with paragraph (I) of this rule.

(H)Subcontractors

Individual providers shall not subcontract the provision of supported employment services. Certified county boards and agency providers may subcontract the provision of supported employment services in accordance with the following requirements:

(1) The certified provider shall provide the department written notice, upon request, of all subcontracts for supported employment services.

(2) The certified provider shall enter into a written contract with the subcontractor.

(3) A certified provider that subcontracts the provision of supported employment services shall ensure that the subcontractor complies with applicable requirements of this rule that apply to county boards and agency providers of supported employment services.

(I)Training

(1) Individual providers and all employees of county boards and agency providers who have direct contact with individuals receiving supported employment services shall receive annual training in accordance with this rule.

(2) Each individual provider shall be required to obtain at least eight hours of continuing education/training every year after the individual provider has been certified.

(3) A county board and agency provider shall ensure that each employee of the county board and agency provider who has direct contact with individuals receiving  supported  employment  services  receives  at  least  eight  hours  of

continuing education training every year after the date on which the agency provider was certified (certification anniversary date). If an employee is hired during the year, the employee shall complete the following number of hours prior to twelve months after the certification date:

(a) If the employee is hired within three months following the certification anniversary date, the employee shall be required to take eight hours of continuing education/training.

(b) If the employee is hired after three but before six months following the agency's certification anniversary date, the employee shall be required to take six hours of continuing education/training.

(c) If the employee is hired after six months following the agency's certification anniversary date, the employee shall be required to take four hours of continuing education/training.

(4) An employee of a county board and agency provider or an individual provider shall be deemed to have met the requirements of paragraph (I)(2) or (I)(3) of this rule if such employee is scheduled for training and the training is completed within thirty days following the deadline date.

(5) Carryover training hours

(a) Any hours in excess of the amounts required in paragraphs (I)(2) and (I)(3) of this rule cannot be carried over to any subsequent year.

(b) An employee of a county board and agency provider may transfer hours of continuing education/training from one agency or county board provider to another provided that the employee has proper documentation that the training was completed.

(6) Continuing education/training shall be designed to enhance the skills and competencies of the individual provider or employees of the county board and agency provider relevant to their job responsibilities. The continuing education/training areas shall include annual training in:

(a) Identification and response to incidents adversely affecting an individual's health and safety; and

(b) Individual rights.

(7) Continuing education may be structured or unstructured and, in addition to the means by which formal training may be obtained, may include:

(a) Visitations and observations of other facilities, services and programs;

(b) Staff meetings; and

(c) Demonstrations and displays.

(8) The provider shall maintain a written record, which may include an electronic record, of each person's continuing education/training. This information shall be presented upon request by ODJFS, the department, or the county board. Documentation shall include:

(a) The name of the person receiving the training;

(b) Date(s) of training;

(c) Length of training;

(d)Training topic;

(e) Instructor's name, if applicable; and

(f)Brief description of the content of the training.

(J) Deeming of certification and training requirements

(1) An individual provider or agency may request that the director deem that the individual provider or agency meets the requirements outlined in paragraphs (D)(3), (E)(17), (F)(2)(b)(8), (F)(18), and (G)(18) of this rule when the applicant provides evidence that it has received and maintains certification or accreditation from a nationally recognized entity in service categories comparable to supported employment services.

(2) A certified provider of supported employment that subcontracts for supported employment may deem that the subcontractor meets the requirements outlined in paragraphs (D)(3), (E)(17), (F)(2)(b)(8), (F)(18), and (G)(18) of this rule, as applicable, when the subcontractor provides evidence that it has received and maintains certification or accreditation from a nationally recognized entity for service categories comparable to supported employment services.

(K)Denial, suspension or revocation of certification

(1) Failure to comply with the standards set forth in this rule for initial certification of providers may result in denial of certification by the department pursuant to rule 5123:2-9-09 of the Administrative Code.

(2) After being certified in accordance with this rule, providers shall comply with the continuing certification standards set forth in rule. Providers shall be

subject to monitoring and compliance reviews conducted by the county board and/or the department as set forth in rule 5123:2-9-08 of the Administrative Code. Failure to comply with the standards set forth in this rule for continuing certification of providers may result in corrective action by the department up to and including suspension or revocation of certification as set forth in rule 5123:2-9-08 of the Administrative Code.

(3) When denying, suspending, or revoking certification under this rule, the department shall comply with the notice and hearing requirements of Chapter 119. of the Revised Code.

(L) Notwithstanding the requirements of any rule to the contrary, providers certified as individual options waiver providers of supported employment services on the effective date of this rule will have one year from the effective date of this rule to comply with the provisions contained in paragraphs (D) and (F) of this rule.

Effective:	07/01/2005
R.C. 119.032 review dates:	07/01/2010
CERTIFIED ELECTRONICALLY
Certification
06/20/2005
Date
Promulgated Under:	119.03
Statutory Authority:	5123.04, 5123.045, 5111.871
Rule Amplifies:	5123.04, 5123.045, 5111.871