5123:2-9-30 Home and community-based services waivers - homemaker/personal care 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

5123:2-9-30

Rule Number

AMENDMENT

TYPE of rule filing

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

personal  care  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 amending the rule 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.

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 Homemaker/Personal Care 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 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.

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:

STRUCK FORMER PARAGRAPH (B)(9). PARAGRAPH (B)(13)(d) REVISED FROM:

Implementation of recommended actions of counseling or other therapeutic interventions under the direction of a professional or extension of therapeutic services, which consist of reinforcing physical, occupational, speech, and other therapeutic programs for the purpose of increasing the overall effective functioning of the individual.

TO:

Implementation of recommended therapeutic interventions under the direction of a professional or extension of therapeutic services, which consist of reinforcing physical, occupational, speech, and other therapeutic programs for the purpose of increasing the overall effective functioning of the individual.

ADDED NEW PARAGRAPH (C)(5):

Each direct services staff member of an agency provider shall successfully complete on-the-job training specific to each individual he or she serves that includes:

ADDED NEW PARAGRAPH (C)(5)(a):

What is important to the individual and what is important for the individual; and ADDED NEW PARAGRAPH (C)(5)(b):

The individual's support needs including, as applicable, behavioral support strategy, management of the individual's funds, and medication administration/delegated nursing.

PARAGRAPH (C)(6) REVISED FROM:

Each independent provider and each employee, contractor, and employee of a contractor of an agency provider shall annually complete at least eight hours of training, in accordance with standards established by the department.

TO:

Each independent provider and each direct services staff member of an agency provider shall annually complete at least eight hours of training, in accordance with standards established by the department.

PARAGRAPH (C)(6)(a) REVISED FROM:

The training shall enhance the skills and competencies of the independent provider or employee/contractor of the agency provider relevant to his or her job responsibilities and shall include, but is not limited to:

TO:

The training shall enhance the skills and competencies of the independent provider or direct services staff member relevant to his or her job responsibilities and shall include, but is not limited to:

PARAGRAPH (C)(6)(a)(i) REVISED FROM:

The role and responsibilities of the independent provider or employee/contractor with regard to services including person-centered planning, community integration, self-determination, and self-advocacy.

TO:

The role and responsibilities of the independent provider or direct services staff member with regard to services including person-centered planning, community integration, self-determination, and self-advocacy.

PARAGRAPH (C)(6)(a)(iv) REVISED FROM:

The requirements relative to the independent provider's or employee's/contractor's role in providing behavioral support to the individuals he or she serves.

TO:

The requirements relative to the independent provider's or direct services staff member's role in providing behavioral support to the individuals he or she serves.

PARAGRAPH (C)(6)(b) REVISED FROM:

The training may be structured or unstructured and may include, but is not limited to, lectures, seminars, formal coursework, workshops, conferences, demonstrations, visitations or observations of other facilities/services/programs, distance and other

means of electronic learning, video and audio-visual training, and staff meetings. TO:

The training may be structured or unstructured and may include, but is not limited to, lectures, seminars, formal coursework, workshops, conferences, demonstrations, visitations or observations of other services/programs, distance and other means of electronic learning, video and audio-visual training, and staff meetings.

PARAGRAPH (F)(4)(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 Homemaker/Personal Care 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 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)(8) 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)(4)(c) requires a licensed provider to provide written assurances regarding substitute coverage.

Paragraph (E) requires a provider of Homemaker/Personal Care to maintain service documentation.