5123:2-9-20 Home and community-based services waivers - money management under the individual options and level one waivers.

 

 

 

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

[phone]     [phone]

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5123:2-9-20

Rule Number

NEW

TYPE of rule filing

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

management  under  the  individual  options  and  level  one waivers.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? 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: 5123.04, 5123.049, 5123.1611

5.  Statute(s) the rule, as filed, amplifies or implements: 5123.04, 5123.045, 5123.049, 5123.16, 5123.161, 5123.1611, 5166.21

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

The Department is adding the new Money Management service to the benefits packages of the Individual Options and Level One waivers.

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 Money Management 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 reference is to the Achieving a Better Life Experience Act of 2014 which is 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:

PARAGRAPH (F)(2) REVISED FROM:

When money management services are the only supports provided to an individual by the provider, the service shall be authorized and billed as money management.

TO:

When services meeting the definition of money management in accordance with

paragraph (B)(14) of this rule are the only supports provided to an individual by the provider, the services shall be authorized and billed as money management. When assistance with personal finances is provided to an individual by the provider in conjunction with other components of homemaker/personal care in accordance with paragraph (B)(13)(i) of rule 5123:2-9-30 of the Administrative Code, the services shall be authorized and billed as homemaker/personal care.

12.  Five Year Review (FYR) 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

Adding the new Money Management service to the waiver is not expected to increase or decrease revenues or expenditures for the Department.

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

653407

653606

653607

653624

653639

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:

A provider of services that chooses to deliver and be paid for delivering the new Money Management service must be certified by the Department. There is an application fee for applying for certification. The application fees for three-year provider certification are set forth in rule 5123:2-2-01 and vary depending on the type of provider (i.e., Independent Provider = $125, Agency Provider Serving 50 or Fewer Individuals = $800, or Agency Provider Serving 51 or More Individuals =

$1,600). A provider that is already certified to provide one or more services may apply to add one or more services (such as Money Management) for the remainder of the term of the provider's existing certification for a reduced application fee (i.e., Independent Provider = $25, Agency Provider Serving 50 or Fewer Individuals =

$75, or Agency Provider Serving 51 or More Individuals = $150).

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) sets forth that a provider of Money Management shall be certified by the Department and have a Medicaid provider agreement with the Ohio Department of Medicaid.

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)(7) sets forth that failure to comply with this rule and rule 5123:2-2-01 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)(3) requires a provider to complete and submit an application for certification to the Department.

Paragraph (D)(6)(c) requires a provider of Money Management to disclose in writing any affiliations, associations, or interests that may pose a potential conflict of interest or create the appearance of impropriety.

Paragraph (D)(6)(f) requires a provider of Money Management to maintain and provide to the individual served or his or her team detailed and accurate records, documentation, and information.

Paragraph (D)(7)(d) requires a provider of Money Management to report information and comply with other requirements and standards, including audit protocols, established by the Social Security Administration.

Paragraph (E) requires a provider of Money Management to maintain service documentation.