5123:2-9-42 Home and community-based services waivers - community inclusion under the self-empowered life funding waiver.  

  • Text Box: ACTION: Original Text Box: DATE: 07/20/2016 4:45 PM

     

     

     

     

     

     

     

     

     

    NOTICE OF PUBLIC HEARING

     

    The Ohio Department of Developmental Disabilities hereby gives notice of its intent to rescind, adopt, and amend the following rules of the Administrative Code on a permanent basis on or about October 6, 2016, and to conduct a public hearing thereon.

     

    Rule 5123:1-6-01 entitled Access to Confidential Personal Information is being rescinded and replaced by a new rule of the same number entitled Access to Confidential Personal Information Maintained by the Ohio Department of Developmental Disabilities. The rule establishes guidelines for regulating access to confidential personal information maintained by the Department.

    The new rule reflects non-substantive revisions (such as modifying the rule title) made as a result of the five-year review.

     

    Rule 5123:2-2-05 entitled Employment First is being rescinded and replaced by a new rule of the same number and title. The rule implements Ohio's Employment First policy in accordance with Section 5123.022 of the Revised Code.  The new rule reflects new employment services available to individuals enrolled in Home and Community-Based Services waivers administered by the Department and revised requirements regarding planning for and reporting    of progress toward achievement of employment outcomes.

     

    Rule 5123:2-9-06 entitled Home and Community-Based Services Waivers - Documentation and Payment for Services Under the Individual Options and Level One Waivers is being amended to add references to new services (Career Planning, Group Employment Support, Individual Employment Support, Money Management, and Waiver Nursing Services), remove references to eliminated services (Supported Employment-Community and Supported Employment-Enclave), correct references to the Administrative Code, and align wording with newer rules for Home and Community-Based services.  The rule establishes standards governing documentation and payment for Home and Community-Based Services under the Individual Options and Level One waivers.

     

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    New rule 5123:2-9-13 entitled Home and Community Based Services Waivers - Career Planning Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers is being adopted. The rule defines Career Planning and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-14 entitled Home and Community-Based Services Waivers - Vocational Habilitation Under the Individual Options, Level One, and Self- Empowered Life Funding Waivers is being rescinded and replaced by a new rule of the same number and title. The rule defines Vocational Habilitation and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-15 entitled Home and Community-Based Services Waivers - Supported Employment-Community Under the Individual Options and Level One Waivers is being rescinded as the Supported Employment-Community service is being replaced by the new Individual Employment Support service. The rule defines Supported Employment-Community and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    New rule 5123:2-9-15 entitled Home and Community-Based Services Waivers - Individual Employment Support Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers is being adopted to replace existing rules 5123:2-9-15 governing Supported Employment-Community and 5123:2-9- 44 governing Integrated Employment.  New rule 5123:2-9-15 defines Individual Employment Support and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-16 entitled Home and Community-Based Services Waivers - Supported Employment-Enclave Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers is being rescinded as the Supported Employment-Enclave service is being replaced by the new Group  Employment Support service.  The rule defines Supported Employment- Enclave and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    New rule 5123:2-9-16 entitled Home and Community-Based Services Waivers - Group Employment Support Under the Individual Options, Level One, and Self- Empowered Life Funding Waivers is being adopted to replace existing rule

    5123:2-9-16 governing Supported Employment-Enclave.  New rule 5123:2-9-16 defines Group Employment Support and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-17 entitled Home and Community-Based Services Waivers - Adult Day Support Under the Individual Options, Level One, and Self- Empowered Life Funding Waivers is being rescinded and replaced by a new rule of the same number and title. The rule defines Adult Day Support and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-18 entitled Home and Community-Based Services Waivers - Non-Medical Transportation Under the Individual Options, Level One, and Self-Empowered Life Funding Waivers is being rescinded and replaced by a new rule of the same number and title.  The rule defines Non-Medical Transportation and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-19 entitled Home and Community-Based Services Waivers - General Requirements for Adult Day Support, Non-Medical Transportation, Supported Employment-Community, Supported Employment-Enclave, and Vocational Habilitation is being rescinded and replaced by new rule of the same number entitled Home and Community-Based Services Waivers - General Requirements for Adult Day Support, Career Planning, Group Employment Support, Individual Employment Support, Non-Medical Transportation, and Vocational Habilitation.  The rule establishes general requirements governing provision of and payment for adult day services provided to individuals enrolled in Home and Community-Based Services waivers administered by the Department.

    New rule 5123:2-9-20 entitled Home and Community-Based Services Waivers - Money Management Under the Individual Options and Level One Waivers is being adopted. The rule defines Money Management and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-21 entitled Home and Community-Based Services Waivers - Informal Respite Under the Level One Waiver is being amended to include a reference to the new Money Management service and align wording with newer rules for Home and Community-Based Services. The rule defines

    Informal Respite and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-22 entitled Home and Community-Based Services Waivers - Community Respite Under the Individual Options, Level One, and Self- Empowered Life Funding Waivers is being amended to include a reference to the new Money Management service, remove a reference to a $25,000 limitation for several services (Community Inclusion, Community Respite, Remote Monitoring, and Residential Respite) under the Self-Empowered Life Funding Waiver, and align wording with newer rules for Home and Community-Based Services. The rule defines Community Respite and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-24 entitled Home and Community-Based Services Waivers - Transportation Under the Individual Options and Level One Waivers is being amended to include a reference to the new Money Management service and align wording with newer rules for Home and Community-Based Services.

    The rule defines Transportation and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-30 entitled Home and Community-Based Services Waivers - Homemaker/Personal Care Under the Individual Options and Level One Waivers is being amended to revise the definition of Homemaker/Personal Care to incorporate language that supports use of the service to advance individuals' integration in and access to the greater community in accordance with federal regulations for Home and Community-Based Services; add a requirement for agency providers to implement a process for monitoring overtime worked by direct services staff; update wording regarding behavioral support and medical assistance rate modifications; add references to new services (Group Employment Support, Individual Employment Support, and Money Management); remove references to eliminated services (Supported Employment-Community and Supported Employment-Enclave); and align wording with newer rules for Home and Community-Based Services. The rule defines Homemaker/Personal Care and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-31 entitled Home and Community-Based Services Waivers - Homemaker/Personal Care Daily Billing Unit for Sites Where Individuals Enrolled in the Individual Options Waiver Share Services is being amended to remove references to independent providers who no longer use the Homemaker/Personal Care daily billing unit.  (Independent providers continue to provide Homemaker/Personal Care and submit claims for payment in fifteen-minute billing units in accordance with rule 5123:2-9-30.) The rule establishes a daily billing unit for Homemaker/Personal Care when individuals share the services of the same provider at the same site.

    Rule 5123:2-9-34 entitled Home and Community-Based Services Waivers - Residential Respite Under the Individual Options, Level One, and Self- Empowered Life Funding Waivers is being amended to add a reference to the new Money Management service, remove a reference to a $25,000 limitation for several services (Community Inclusion, Community Respite, Remote Monitoring, and Residential Respite) under the Self-Empowered Life Funding Waiver, and align wording with newer rules for Home and Community-Based Services. The rule defines Residential Respite and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-40 entitled Home and Community-Based Services Waivers - Administration of the Self-Empowered Life Funding Waiver is being amended to add references to new services (Career Planning, Group Employment Support, Individual Employment Support), remove references to eliminated services (Integrated Employment and Supported Employment-Enclave), remove a reference to a $25,000 limitation for several services (Community Inclusion, Community Respite, Remote Monitoring, and Residential Respite), and align wording with newer rules for Home and Community-Based Services. The rule implements the Self-Empowered Life Funding Waiver.

    Rule 5123:2-9-42 entitled Home and Community Based Services Waivers - Community Inclusion Under the Self-Empowered Life Funding Waiver is being amended to remove a reference to a $25,000 limitation for several services (Community Inclusion, Community Respite, Remote Monitoring, and Residential Respite), change from hourly billing units to 15-minute billing units, and align wording with newer rules for Home and Community-Based Services. The rule defines Community Inclusion and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    Rule 5123:2-9-44 entitled Home and Community-Based Services Waivers - Integrated Employment Under the Self-Empowered Life Funding Waiver is being rescinded as the Integrated Employment service is being replaced by the new Individual Employment Support service. The rule defines Integrated Employment and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service.

    A public hearing on the proposed rule actions will be held on August 25, 2016, beginning at 10:00 a.m., and continuing until all persons in attendance have had an opportunity to testify. The hearing will be held in the Lobby Hearing Room of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215.  At this hearing, the Department will accept verbal and/or written testimony on the proposed rule actions.  Persons unable to attend the public hearing may submit written comments on the proposed rule actions.

    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 email to becky.phillips@dodd.ohio.gov, by fax to 614/752-8551, or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.

    The rules are available for review at the Register of Ohio website (http://registerofohio.state.oh.us) and at the Department's website (http://dodd.ohio.gov/RulesLaws/Pages/Rules-Under-Development.aspx). The rules are also available for review at each county board of developmental disabilities.