5123:2-9-22 Home and community-based services waivers - community respite under the individual options, level one, and self-empowered life funding 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

5123:2-9-22

Rule Number

AMENDMENT

TYPE of rule filing

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

respite    under    the    individual    options,    level    one,    and self-empowered life funding 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 amending the rule 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.

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 Community Respite and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The Department is amending the rule 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.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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)(3)(c) REVISED FROM:

The purpose of the behavioral support rate modification is to provide funding for the implementation of behavioral support strategies by staff who have the level of training necessary to implement the strategies; the department retains the right to review and validate the qualifications of staff who implement behavioral support strategies.

TO:

The purpose of the behavioral support rate modification is to provide funding for the implementation of behavioral support strategies by staff who have the level of training necessary to implement the strategies; the department retains the right to verify that staff who implement behavioral support strategies have received training (e.g., specialized training recommended by clinicians or the team or training regarding an individual's behavioral support strategy) that is adequate to meet the needs of the individuals served.

12.  Five Year Review (FYR) Date: 1/1/2021

(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

Amending the rule is not expected to increase or decrease revenues or expenditures for the Department during the current biennium.

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:

Amending the rule is not expected to have an impact.

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) sets forth that a provider of Community Respite 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)(4) sets forth that failure of a certified provider to comply with this rule and rule 5123:2-2-01 may result in denial, suspension, or revocation of the provider's certification.

Paragraph (C)(5) sets forth that failure of a licensed provider to comply with this rule and Chapter 5123:2-3 of the Administrative Code may result in denial, suspension, or revocation of the provider's license.

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 (C)(6) requires a provider of Community Respite to provide written assurance that employees and contractors delivering the service are trained and hold the required certification or license for specialized activities.

Paragraph (E) requires a provider of Community Respite to maintain service documentation.