5123:2-9-44 Home and community-based services waivers - integrated employment under the self-empowered life funding waiver.  

  • Text Box: ACTION: Refiled Text Box: DATE: 07/13/2012 8:39 AM

     

     

     

    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

    (614) 644-7393     (614)

    644-5013

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    becky.phillips@dmr.state.oh.us

    Email

    5123:2-9-44

    Rule Number

    NEW

    TYPE of rule filing

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

    employment under the self-empowered life funding 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 Medicaid Home and Community-Based Services Self-Empowered Life Funding (SELF) Waiver.

    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 Integrated Employment 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 Rehabilitation Act, the Individuals with Disabilities Education Improvement Act, and the United States Code which are generally available to the public at law libraries, depository libraries, and on the internet.

    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. If applicable, indicate each specific paragraph of the rule that has been modified:

    No changes have been made.

    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

    Please see the Rule Summary and Fiscal Analysis form for rule 5123:2-9-40 which addresses the overall impact of implementing the SELF Waiver.

    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:

    Not applicable.

    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

    Paragraph (C)(1) requires providers of Integrated Employment to have a Medicaid provider agreement with the Ohio Department of Job and Familiy Services.

    Paragraph (C)(2) requires providers of Integrated Employment to be certified by the department.

    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? Yes

    Paragraph (C)(12) sets forth that failure to comply with this rule or rule 5123:2-2-01 of the Administrative Code may result in denial, suspension, or revocation of the provider's certification.

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    Paragraph (C)(2) requires providers of Integrated Employment to be certified by the department. Obtaining provider certification will require agency providers and some independent providers to pay a provider certification application fee in accordance with paragraph (K) of rule 5123:2-2-01 of the Administrative Code.

    Paragraph (E) sets forth service documentation requirements to validate payment for Medicaid services.

    Paragraph (G) requires providers of Integrated Employment to report data regarding the provision and outcomes of the service to the department on a monthly basis.