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 and 42 CFR 447.205, the Ohio Department of Mental Retardation and Developmental Disabilities hereby gives notice of its intent to amend the below-listed rules under Chapter 5123:2-9 of the Administrative Code on a permanent basis on or about October 1, 2007, and to conduct a public hearing thereon.

 

Rule 5123:2-9-18 entitled "HCBS Waivers - Non-Medical Transportation" is proposed for amendment. The purpose of this rule is to specify the service definition for non-medical transportation and to set forth the certification standards required under section 5123.16 of the Revised Code for providers of non-medical transportation services to individuals enrolled in home and community-based services (HCBS) waivers administered by the department.

 

The rule is being amended to clarify when vehicle inspections are to occur, when providers are required to complete first aid and cardiopulmonary resuscitation training, when testing for alcohol and controlled substances is to occur, and when drivers' abstracts are to be presented to employers. The term "commute" has been defined to provide a simplified alternative for documenting and billing services delivered on a per- mile basis.  A new paragraph has been added to describe elements needed to document provision of the service.

 

Rule 5123:2-9-19 entitled "HCBS Waivers - Payment Standards for Adult Day Support, Vocational Habilitation, Supported Employment-Enclave, Supported Employment-Community, and Non-Medical Transportation" is proposed for amendment. The purpose of this rule is to establish standards governing payment for adult day support, vocational habilitation, supported employment-enclave, supported employment-community, and non-medical transportation services provided to individuals enrolled in HCBS waivers administered by the department and to implement sections 5111.871 and 5111.873 of the Revised Code.

 

The rule is being amended to describe the method a provider may use to determine whether sufficient direct services staff are present to deliver services to individuals at the staff intensity ratios required by the individuals' acuity assessment instrument scores.

The federal Centers for Medicare and Medicaid Services (CMS) has agreed that this calculation may be determined by aggregating staff intensity needs for individuals receiving services from one certified provider in each service delivery location during a calendar day.

 

The payment rates contained in Appendix C of the rule are being amended to reflect a recalculation and increase of the staff intensity group A-1 payment rates for adult day support, vocational habilitation, adult day support/vocational habilitation, and supported employment-enclave services.  The recalculation approximately equalizes the total amount that may be billed in one day to serve 16 individuals in staff intensity group A-1 and the total amount that may be billed in one day to serve 12 individuals in staff intensity group A.  Appendix C is also being amended to reflect new payment rates for provision of per-mile non-medical transportation services and a simplified method for calculating the per-person value of a commute when multiple passengers are being transported.

1

 

 

 

 

A public hearing on the proposed rules will be held on August 16, 2007, beginning at 2:00 p.m., and continuing until all persons in attendance have had an opportunity to testify. The hearing will be held in the large conference room of the Department's Administrative Offices Building located at 1810 Sullivant Avenue, Columbus, Ohio 43223-1239.  At this hearing, the Department will accept verbal and/or written testimony on the proposed rules under consideration.

Persons unable to attend the public hearing may submit written comments on the proposed rules. 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 e-mail to [e-mail]; by fax to 614/752- 5302; or by mail to 1810 Sullivant Avenue, Columbus, Ohio 43223-1239.

The proposed rules are available on the Register of Ohio website at:  http://registerofohio.state.oh.us and on the Department's website at:  http://odmrdd.state.oh.us/rules/development.htm. The proposed rules are also available for review at each local county board of mental retardation and developmental disabilities.

2