173-39-02.1 Adult day service.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Aging

Agency Name

 

Tom Simmons

Division                                                                  Contact

 

50 West Broad Street 9th floor Columbus OH 43215-3363

614-728-2548

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

173-39-02.1

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Adult day service.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? Yes

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: 173.01, 173.02, 173.391, 173.52, 173.522.

5.  Statute(s) the rule, as filed, amplifies or implements: 173.391

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

Amending this rule is part of a larger nutrition rule project. (Adult day services include meal provision.) For more information, please review the business impact analysis (BIA).

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 regulates ODA-certified providers when those providers provide adult day services to individuals enrolled in the PASSPORT Program. Please review the BIA and its appendices for detailed information.

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 rule references the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities in Appendix A to 28 C.F.R. Part 36. All rules in the Code of Federal Regulations are readily available free of charge to the general public on federal websites.

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:

ODA did not attach the ADA accessibility guidelines to the rule because the guidelines are readily available to the general public, free of charge, on the U.S. Government Publishing Office's website (www.ecfr.gov).

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:

On May 2, 2016, ODA made a revised filing of the rule to replace "home-delivered meals" in paragraph (B) with "ADS" and to upload a revised public-hearing notice. The revised public-hearing notice is for a public hearing at the same date, time, and location as the original notice.

On may 3, 2016, ODA made a revised filing of the rule to add a period to the end of

the items listed in the "statutory authority" and "prior effective dates" sections.

12.  Five Year Review (FYR) Date: 4/18/2016

(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.

$0.00

Adopting the rule would not impact the biennial budget the Ohio General Assembly established for ODA.

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

GRF-651-525 Medicaid/Health Care Services.

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:

There is no cost of compliance directly associated with ODA's proposed amendments to this rule. ODA's proposed amendments are likely to reduce the cost of compliance. For information, please review the BIA and its appendices, especially Appendix K, the appendix on diet orders.

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

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? Yes

The rule requires providers of adult day services to individuals enrolled in the PASSPORT Program to be certified by ODA.

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 requires documentation, service verification, and records retention.