reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-02 - Licensed residential facilities - physical environment standards, fire safety, and emergency response planning

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes minimum physical
				environment and safety standards to ensure that individuals living in
				residential facilities licensed in accordance with section
				5123.19
				of the Revised Code are provided a safe, healthy, and homelike living
				environment that meets their specific needs.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Adult" means an individual age eighteen and
			 older.
(2)
									"Business day" means a day of the week, excluding
			 Saturday, Sunday, or a legal holiday as defined in section
			 1.14
			 of the Revised Code.
(3)
									"Child" means an individual less than age
			 eighteen.
(4)
									"Fire safety drill" means a documented simulation of
			 the actions to be taken in response to a fire emergency.
(5)
									"Individual"
			 means a person with a developmental disability.
(6)
									"Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual and includes an "individual program
			 plan" as that term is used in
			 42 C.F.R.
			 483.440 as in effect on the effective date of
			 this rule.
(7)
									"Intermediate care facility for individuals with
			 intellectual disabilities" has the same meaning as in section
			 5124.01 of the
			 Revised Code.
(8)
									"Operator" means the entity responsible for management
			 of and provision of services at the residential facility.
(9)
									"Physical
			 evacuation" means that the individuals residing in the residential facility
			 physically leave the facility or, in the case of a facility that is classified
			 as I-1 or I-2 occupancy pursuant to section 308 of the Ohio building code,
			 individuals residing in the facility are moved to a separate fire area within
			 the facility that is separated by a two-hour rated firewall.
(10)
									"Residential
			 facility" has the same meaning as in section
			 5123.19
			 of the Revised Code.
(11)
									"State/local authority" means:
(a)
										For fire safety,
			 the state fire marshal's office or the local fire department;
			 or
(b)
										For emergency response, a chapter of the "American Red
			 Cross" or the county emergency management agency.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-06 - Licensed residential facilities - compliance reviews, issuance of licenses, and adverse actions

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth processes for reviews conducted by the
				department to ensure compliance by residential facilities licensed in
				accordance with section
				5123.19 of the Revised Code, the
				issuance of licenses for residential facilities operating in accordance with
				Chapters 5123. and 5124. of the Revised Code, and adverse actions for
				residential facilities not operating in accordance with Chapters 5123. and
				5124. of the Revised Code.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Administrator" means the
			 person responsible for administration of the residential facility who
			 
									is
			 directly and actively involved in the day-to-day operation of the residential
			 facility and 
									oversees provision of services by the residential
			 facility.
(2) "Business day" means
			 a day of the week, excluding Saturday, Sunday, or a legal holiday as defined in
			 section 1.14 of the Revised
			 Code.
(3) "Compliance review" means
			 a review of a residential facility conducted by the department or its designee
			 for the purpose of determining compliance with applicable requirements in order
			 to ensure the health, safety, and welfare of individuals served. The department
			 may, based upon a compliance review, issue a citation and require immediate
			 corrective action when it determines that a violation poses an immediate and
			 substantial risk to the health and safety of residents.
(4) "County board" means a county board of
			 developmental disabilities.
(5)
			 "Department" means the Ohio department of developmental disabilities.
(6) "Home and community-based services" has
			 the same meaning as in section
			 5123.01 of the Revised
			 Code.
(7) "Individual" means a
			 person with a developmental disability.
(8) "Intermediate care facility for
			 individuals with intellectual disabilities" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(9) "License" means written
			 approval by the department to a licensee to operate a residential facility. For
			 purposes of this rule, "license" does not include an interim license issued in
			 accordance with rule
			 5123-3-08 of the Administrative
			 Code.
(10) "Licensee" has the same
			 meaning as in section
			 5123.19 of the Revised
			 Code.
(11) "Major unusual incident"
			 has the same meaning as in rule
			 5123-17-02 of the Administrative
			 Code.
(12) "Operator" means the
			 entity responsible for management of and provision of services at the
			 residential facility.
(13)
			 "Residential facility" has the same meaning as in section
			 5123.19 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-07 - Licensed residential facilities - immediate removal of residents

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes a process by
				which the director may order the immediate removal of a resident of a
				residential facility licensed in accordance with section
				5123.19
				of the Revised Code.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Compliance review" has the same meaning as in rule
			 5123-3-06
			 of the Administrative Code.
(2)
									"County board"
			 means a county board of developmental disabilities.
(3)
									"Department"
			 means the Ohio department of developmental disabilities.
(4)
									"Director" means
			 the director of the department or a person designated by the director of the
			 department.
(5)
									"Immediate removal" means the process initiated upon
			 issuance of an order by the director, for removing a resident of a residential
			 facility when:
(a)
										Conditions at the residential facility present an
			 immediate danger of physical or psychological harm to the resident;
			 and
(b)
										All other available interventions have proved
			 ineffective or infeasible.
(6)
									"Individual"
			 means a person with a developmental disability or for purposes of giving,
			 refusing to give, or withdrawing consent for services, the person's guardian in
			 accordance with section
			 5126.043
			 of the Revised Code or other person authorized to give consent.
(7)
									"Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual and includes an "individual program
			 plan" as that term is used in
			 42 C.F.R.
			 483.440 as in effect on the effective date of
			 this rule.
(8)
									"Licensee" has the same meaning as in section
			 5123.19
			 of the Revised Code.
(9)
									"Major unusual incident" has the same meaning as in
			 rule
			 5123-17-02
			 of the Administrative Code.
(10)
									"Operator" means
			 the entity responsible for management of and provision of services at the
			 residential facility.
(11)
									"Residential facility" has the same meaning as in
			 section
			 5123.19
			 of the Revised Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-09 - Licensed residential facilities - standards for evaluating potential receivers

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes standards for
				evaluating potential receivers of residential facilities licensed in accordance
				with section
				5123.19
				of the Revised Code.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Department" means the Ohio department of developmental
			 disabilities.
(2)
									"Major unusual incident" has the same meaning as in
			 rule
			 5123-17-02
			 of the Administrative Code.
(3)
									"Receiver" means
			 a person who takes possession of and operates a residential facility when
			 conditions existing at the residential facility present a substantial risk of
			 physical or mental harm to residents and no other remedies at law are adequate
			 to protect the health, safety, and welfare of the residents.
(4)
									"Residential
			 facility" has the same meaning as in section
			 5123.19
			 of the Revised Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-10 - Licensed residential facilities - procedures to waive rule requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth procedures for the
				director to waive a condition or specific requirement of a rule in Chapter
				5123:2-3 of the Administrative Code or a rule in another chapter of the
				Administrative Code adopted by the department to license or regulate the
				operation of residential facilities.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Business day" means a day of the week, excluding
			 Saturday, Sunday, or a legal holiday as defined in section
			 1.14 of the Revised
			 Code.
(2)
									"Department" means the Ohio department of developmental
			 disabilities.
(3)
									"Director" means the director of the Ohio department of
			 developmental disabilities or his or her designee.
(4)
									"Licensee" has
			 the same meaning as in section
			 5123.19 of the Revised
			 Code.
(5)
									"Residential facility" has the same meaning as in
			 section 5123.19 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-4 - County Boards of Developmental Disabilities › Section 5123-4-03 - In-service training for members of county boards of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule delineates requirements for
				annual in-service training for members of county boards of developmental
				disabilities.
(B)
								Definitions
(1)
									"Annual organizational meeting" means the meeting held
			 by a county board of developmental disabilities, no later than January
			 thirty-first of each year, to elect its officers and conduct other business
			 pursuant to section 5126.029 of the Revised
			 Code.
(2)
									"Appointing authority" means the entity with statutory
			 authority to appoint members to county boards of developmental disabilities
			 pursuant to sections 5126.021 and
			 5126.022 of the Revised
			 Code.
(3)
									"Board member" means a member of a county board of
			 developmental disabilities.
(4)
									"County board"
			 means a county board of developmental disabilities.
(5)
									"Department"
			 means the Ohio department of developmental disabilities.
(6)
									"Director" means
			 the director of the Ohio department of developmental disabilities or his or her
			 designee.
(7)
									"In-service training" means training of board members
			 pursuant to section 5126.0210 of the Revised Code
			 that may include, but is not limited to, training arranged by the
			 superintendent, statewide conferences sponsored by the Ohio association of
			 county boards serving people with developmental disabilities or other
			 organizations, webinars offered by the department, training completed on-line,
			 and presentations by outside speakers.
(8)
									"Superintendent"
			 means the superintendent of a county board of developmental disabilities
			 appointed pursuant to section
			 5126.0219 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-4 - County Boards of Developmental Disabilities › Section 5123-4-05 - Assistance to enable a county board of developmental disabilities to pay the nonfederal share of medicaid expenditures for home and community-based services

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth the process for a
				county board to request assistance from the department in the event of failure
				of an operating levy for services for individuals with developmental
				disabilities and the process followed by the department to respond to such a
				request in accordance with section
				5123.0413 of the Revised
				Code.
(B)
								Definitions
For the purposes of this rule the
				following definitions apply:
(1)
									"County board" means a county board of developmental
			 disabilities that performs home and community-based services waiver
			 administration functions.
(2)
									"Department" means the Ohio department of developmental
			 disabilities.
(3)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-5 - Certification Standards for Employees of County Boards of Developmental Disabilities › Section 5123-5-01 - Adult services certification standards

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes minimum
				qualifications through certification standards that apply to persons, directly
				providing or supervising the provision of adult services, who are employed by
				county boards of developmental disabilities. Staff of entities under contract
				with county boards of developmental disabilities to provide or supervise the
				provision of adult services are not required to hold adult services
				certification.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Accredited college or university" means a college or
			 university accredited by a national or regional association recognized by the
			 secretary of the United States department of education or a foreign college or
			 university of comparable standing.
(2)
									"Adult services"
			 has the same meaning as in section
			 5126.01 of the Revised
			 Code.
(3)
									"Certification" means:
(a)
										Certification
			 issued to a "management employee" or a "professional employee" as those terms
			 are defined in section
			 5126.20 of the Revised Code;
			 and
(b)
										Registration issued to a "service employee" as that
			 term is defined in section
			 5126.20 of the Revised Code and
			 who is required to hold registration pursuant to section
			 5126.25 of the Revised
			 Code.
(4)
									"Continuing professional education" means training
			 approved by the department or a superintendent required for renewal of adult
			 services certification.
(5)
									"County board" means a county board of developmental
			 disabilities.
(6)
									"Department" means the Ohio department of developmental
			 disabilities.
(7)
									"Superintendent" means a person certified by the
			 department in accordance with rule
			 5123-5-03 of the Administrative
			 Code and employed in that capacity by a county board or for purposes of issuing
			 certification and/or approving continuing professional education in accordance
			 with this rule, a person who is authorized in writing by the superintendent to
			 perform those functions.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-5 - Certification Standards for Employees of County Boards of Developmental Disabilities › Section 5123-5-02 - Service and support administration certification standards

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes minimum
				qualifications through certification standards that apply to persons, directly
				providing or supervising the provision of service and support administration,
				who are employed by county boards of developmental disabilities and entities
				under contract with county boards of developmental disabilities to provide or
				supervise the provision of service and support administration.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Accredited college or university" means a college or
			 university accredited by a national or regional association recognized by the
			 secretary of the United States department of education or a foreign college or
			 university of comparable standing.
(2)
									"Continuing
			 professional education" means training approved by the department or a
			 superintendent required for renewal of service and support administration
			 certification.
(3)
									"County board" means a county board of developmental
			 disabilities.
(4)
									"Department" means the Ohio department of developmental
			 disabilities.
(5)
									"Service and support administration" has the same
			 meaning as in rule
			 5123-4-02 of the Administrative
			 Code.
(6)
									"Superintendent" means a person certified by the
			 department in accordance with rule
			 5123-5-03 of the Administrative
			 Code and employed in that capacity by a county board or for purposes of issuing
			 certification and/or approving continuing professional education in accordance
			 with this rule, a person who is authorized in writing by the superintendent to
			 perform those functions.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-5 - Certification Standards for Employees of County Boards of Developmental Disabilities › Section 5123-5-03 - Certification standards for superintendents of county boards of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes minimum
				qualifications through certification standards for superintendents of county
				boards of developmental disabilities. These standards apply to persons who are
				employed or under contract in the position of superintendent of a county board
				of developmental disabilities.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Accredited
			 college or university" means a college or university accredited by a national
			 or regional association recognized by the secretary of the United States
			 department of education or a foreign college or university of comparable
			 standing.
(2)
									"Advanced curriculum for administrators in Ohio's
			 developmental disabilities service delivery system" means department-approved
			 instruction of at least one hundred hours that shall address, but is not
			 limited to, the following topics:
(a)
										Budgeting/finance for governmental
			 entities;
(b)
										Communication and public relations;
(c)
										Ethical
			 conduct;
(d)
										Information technology management;
(e)
										Intergovernmental
			 relations;
(f)
										Legal environment of public
			 administration;
(g)
										Medicaid home and community-based services
			 waivers;
(h)
										Public sector human resources
			 management;
(i)
										Quality assurance;
(j)
										Self-advocacy;
			 and
(k)
										Strategic planning, management, and
			 implementation.
(3)
									"Continuing
			 professional education" means department-approved training required for renewal
			 of superintendent certification.
(4)
									"County board"
			 means a county board of developmental disabilities.
(5)
									"Department"
			 means the Ohio department of developmental disabilities.
(6)
									"Director" means
			 the director of the department or his or her designee.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-5 - Certification Standards for Employees of County Boards of Developmental Disabilities › Section 5123-5-04 - Denial, suspension, and revocation of adult services, business manager, and service and support administration registration and certification

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes the grounds and
				procedure for superintendents of county boards of developmental disabilities to
				deny, suspend, and revoke adult services, business manager, and service and
				support administration registration and certification issued in accordance with
				section 5126.25 of the Revised
				Code.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"County board"
			 means a county board of developmental disabilities.
(2)
									"Disqualifying
			 offense" means any of the offenses listed or described in divisions
									(A)(3)(a) to (A)(3)(e) of section
			 109.572 of the Revised
			 Code.
(3)
									"Superintendent" means a person certified by the
			 department in accordance with rule
			 5123:2-5-03
			 of the Administrative Code and employed in that capacity by a county
			 board.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-5 - Certification Standards for Employees of County Boards of Developmental Disabilities › Section 5123-5-08 - Certification standards for business managers of county boards

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes minimum
				qualifications through certification standards for persons employed by or under
				contract with county boards of developmental disabilities as business managers
				in accordance with section
				5126.054 of the Revised Code.
				Persons serving as business managers of county boards of developmental
				disabilities shall hold certification in accordance with this
				rule.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Accredited
			 college or university" means a college or university accredited by a national
			 or regional association recognized by the secretary of the United States
			 department of education or a foreign college or university of comparable
			 standing.
(2)
									"Business manager" means a person employed by or under
			 contract with a county board who is responsible for budgeting, financial
			 reporting, preparing cost reports, and advancing informed and strategic
			 decision-making by the county board.
(3)
									"Certified public
			 accountant" means a person holding a certificate issued pursuant to section
			 4701.06 or
			 4701.061 of the Revised Code
			 that is not revoked or suspended.
(4)
									"Continuing
			 professional education" means training, approved by the department or a
			 superintendent, required for renewal of business manager
			 certification.
(5)
									"County board" means a county board of developmental
			 disabilities.
(6)
									"Department" means the Ohio department of developmental
			 disabilities.
(7)
									"Superintendent" means a person certified by the
			 department in accordance with rule
			 5123:2-5-03
			 of the Administrative Code and employed in that capacity by a county
			 board.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-01 - Definitions of terms used in Chapter 5123-6 of the Administrative Code

Current through all regulations passed and filed through July 1, 2024
The following definitions apply to
				Chapter 5123-6 of the Administrative Code:
(A)
								"Adult services"
			 has the same meaning as in section
			 5126.01 of the Revised
			 Code.
(B)
								"Annually" means within a three hundred sixty-five-day
			 span of time.
(C)
								"Business day" means a day of the week, excluding
			 Saturday, Sunday, or a legal holiday as defined in section
			 1.14 of the Revised
			 Code.
(D)
								"Certified home and community-based services provider"
			 means a person or government entity certified pursuant to section
			 5123.045 of the Revised
			 Code.
(E)
								"Certified supported living provider" means a person or
			 government entity certified pursuant to section
			 5123.161 of the Revised
			 Code.
(F)
								"Contact hour" has the same meaning as in Chapter
			 4723-14 of the Administrative Code.
(G)
								"County board"
			 means a county board of developmental disabilities.
(H)
								"Delegable
			 nursing task" means a nursing task, which a licensed nurse has determined meets
			 the provisions listed in Chapter 4723-13 of the Administrative
			 Code.
(I)
								"Delegating nurse" means the licensed nurse who
			 transfers the responsibility for performance of selected nursing tasks and/or
			 medication administration to developmental disabilities personnel who have been
			 trained and/or certified to do so, while retaining accountability of outcome.
			 The delegating nurse determines the level of supervision required to ensure
			 adequate oversight of developmental disabilities personnel to perform nursing
			 tasks and/or administer medication. The delegating nurse is not necessarily the
			 same nurse as the nurse who trains developmental disabilities personnel to
			 perform or administer the functions set forth in paragraphs (KK)(1) to (KK)(8)
			 of this rule.
(J)
								"Department" means the Ohio department of developmental
			 disabilities.
(K)
								"Department-approved curriculum" means the standards
			 for instruction, training, and performance approved by the Ohio department of
			 developmental disabilities.
(L)
								"Developmental
			 disabilities personnel" means the workers who provide specialized services to
			 individuals with developmental disabilities:
(1)
									Through direct
			 employment with the Ohio department of developmental disabilities or a county
			 board;
(2)
									Through an entity under contract with the Ohio
			 department of developmental disabilities or a county board;
(3)
									Through direct
			 employment or being under contract with private entities, including private
			 entities that operate residential facilities; or
(4)
									As an independent
			 provider.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-03 - Authorization of developmental disabilities personnel to perform health-related activities and administer prescribed medication

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth conditions under
				which developmental disabilities personnel may perform health-related
				activities and administer prescribed medication.
(B)
								Individuals for
			 whom developmental disabilities personnel may perform health-related activities
			 and administer prescribed medication
Developmental disabilities personnel
				who are not specifically authorized by other provisions of the Revised Code to
				perform health-related activities or administer prescribed medication may do so
				pursuant to section 5123.42 of the Revised Code and
				rules adopted by the department under this chapter as part of the specialized
				services the developmental disabilities personnel provide to individuals
				who:
(1)
									Are receiving early intervention, preschool, and school age
			 services offered or provided pursuant to Chapter 5123. or Chapter 5126. of the
			 Revised Code;
(2)
									Are receiving adult services offered or provided
			 pursuant to Chapter 5123. or Chapter 5126. of the Revised Code in a setting
			 where seventeen or more individuals are receiving the services;
(3)
									Are receiving
			 adult services offered or provided pursuant to Chapter 5123. or Chapter 5126.
			 of the Revised Code in a setting where sixteen or fewer individuals are
			 receiving the services;
(4)
									Are receiving family support services offered or
			 provided pursuant to Chapter 5123. or Chapter 5126. of the Revised
			 Code;
(5)
									Are receiving services from certified supported living
			 providers, if the services are offered or provided pursuant to Chapter 5123. or
			 Chapter 5126. of the Revised Code;
(6)
									Are receiving
			 residential support services from certified home and community-based services
			 providers, if the services are received in a community living arrangement that
			 includes not more than four individuals and the services are offered or
			 provided pursuant to Chapter 5123. or Chapter 5126. of the Revised
			 Code;
(7)
									Are receiving services not described in paragraphs
			 (B)(1) to (B)(6) of this rule that are offered or provided pursuant to Chapter
			 5123. or Chapter 5126. of the Revised Code;
(8)
									Reside in a
			 residential facility with five or fewer beds; or
(9)
									Reside in a
			 residential facility with six or more beds.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-04 - Qualifications, training, and certification of registered nurse instructors and registered nurse trainers

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes requirements for
				registered nurse instructors and registered nurse trainers as well as the
				curriculum for the registered nurse train-the-trainer program.
(B)
								Requirements for registered nurse instructors
(1)
									Only a registered
			 nurse certified by the department as a registered nurse instructor may plan,
			 develop, coordinate, and deliver the registered nurse train-the-trainer program
			 that prepares registered nurses to train developmental disabilities personnel
			 to:
(a)
										Perform
			 health-related activities;
(b)
										Administer oral
			 prescribed medication;
(c)
										Administer topical prescribed
			 medication;
(d)
										Administer topical over-the-counter musculoskeletal
			 medication;
(e)
										Administer oxygen and metered dose inhaled
			 medication;
(f)
										Administer prescribed medication through stable labeled
			 gastrostomy and jejunostomy tubes;
(g)
										Administer
			 prescribed insulin through subcutaneous injection, inhalation, and insulin
			 pump; and
(h)
										Administer prescribed medication for the treatment of
			 metabolic glycemic disorders through subcutaneous injection.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-05 - Qualifications and training of developmental disabilities personnel to activate a vagus nerve stimulator; use an epinephrine auto-injector; and administer topical over-thecounter medication for the purpose of cleaning, protecting, or comforting the skin, hair, nails, teeth, or oral surfaces

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes requirements for
				developmental disabilities personnel to activate a vagus nerve stimulator; use
				an epinephrine auto-injector; and administer topical over-the-counter
				medication for the purpose of cleaning, protecting, or comforting the skin,
				hair, nails, teeth, or oral surfaces.
(B)
								Qualifications
			 for developmental disabilities personnel to activate a vagus nerve
			 stimulator
(1)
									Developmental disabilities personnel will complete training
			 prior to activating a vagus nerve stimulator and at least annually thereafter
			 that includes:
(a)
										All content in the department-approved curriculum for
			 activation of a vagus nerve stimulator including:
(i)
											Signs and
			 symptoms of seizure;
(ii)
											Seizure first aid;
(iii)
											Correct care
			 and use of the stimulator magnet;
(iv)
											Ensuring
			 availability of the stimulator magnet at all times;
(v)
											Reporting
			 potential side effects and seizure-related problems to a healthcare
			 professional; and
(vi)
											Documentation of seizure activity and stimulator magnet
			 use.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-06 - Qualifications, training, and certification of developmental disabilities personnel who perform health-related activities and administer prescribed medication

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth eligibility and
				requirements for three types of training programs and resulting certification
				held by developmental disabilities personnel:
(1)
									Health-related
			 activities and prescribed medication administration;
(2)
									Prescribed
			 medication administration through gastrostomy and jejunostomy tube by nursing
			 delegation; and
(3)
									Administration of insulin and medication for the
			 treatment of metabolic glycemic disorders by nursing
			 delegation.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-6 - Performance of Health-Related Activities and Administration of Medication › Section 5123-6-07 - General provisions and compliance for performance of health- related activities and administration of prescribed medication

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth requirements for
				the medication administration information system database, documentation of
				performance of health-related activities and administration of medication,
				compliance and quality assessment, and actions that may be taken by the
				department regarding certification issued pursuant to Chapter 5123-6 of the
				Administrative Code.
(B) Medication
			 administration information system database
(1)
			 The department 
									will operate and maintain the medication
			 administration information system database of registered nurse instructors and
			 registered nurse trainers holding valid certification issued in accordance with
			 rule 
									5123-6-04 of the Administrative Code and developmental
			 disabilities personnel holding valid certification issued in accordance with
			 rule 
									5123-6-06 of the Administrative Code in health-related
			 activities and prescribed medication administration, prescribed medication
			 administration through 
									gastrostomy and
			 jejunostomy tube by nursing delegation, and 
									administration of insulin and medication for the treatment
			 of metabolic glycemic disorders by nursing delegation.
(2) The department 
									will provide
			 read and write access to the medication administration information system
			 database to all registered nurse instructors. Each registered nurse instructor
			 
									will
			 enter in the database initial information about each 
									registered
			 nurse the registered nurse instructor trained to be a registered nurse
			 trainer in accordance with rule 
									5123-6-04 of the Administrative Code.
(3) The department 
									will provide
			 read and write access to the medication administration information system
			 database to all registered nurse trainers. Each registered nurse trainer
			 
									will
			 enter in the database current information about developmental disabilities
			 personnel 
									the registered nurse trainer trained in accordance
			 with rule 
									5123-6-06 of the Administrative Code at the time
			 of certification and recertification of the developmental disabilities
			 personnel.
(4)
									Registered nurse trainers will enter in the medication
			 administration information system database:
(a)
										Information about
			 themselves at the time of their recertification and thereafter, within sixty
			 calendar days of any change of information.
(b)
										Information
			 required for renewal of their registered nurse trainer certification prior to
			 expiration of the certification.
(5) The department 
									will provide
			 read only access to the medication administration information system database
			 to the public.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-01 - Intermediate care facilities for individuals with intellectual disabilities - definitions

Current through all regulations passed and filed through July 1, 2024
For the purposes of rules in 
								Chapter 5123-7 of the Administrative Code, the
				following definitions 
								apply:
(A) "Allowable costs" are those costs
			 incurred for certified beds in an ICFIID as determined by the department to be
			 reasonable, as defined in paragraph (K) of this rule, and do not include
			 recoupments, fines, penalties, or interest paid in accordance with sections
			  5124.41, 5124.42, 5124.523, and
			 5124.99 of the Revised Code. Unless otherwise enumerated in Chapter 5123-7
			  of the Administrative Code,
			 allowable costs are also determined in accordance with the following reference
			 material, in the following priority:
(1) 42
			 C.F.R. Chapter IV, as in effect on the effective date of this rule;
(2) The centers for medicare and medicaid
			 services provider reimbursement manual (publications 15-1 and 15-2, available
			 at
https://www.cms.gov/regulations-and-guidance/guidance/manuals/paper-based-manuals.html
);
			 and
(3) Generally accepted
			 accounting principles in accordance with standards prescribed by the "American
			 Institute of Certified Public Accountants" (available at
https://www.aicpa.org
).
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-02 - Intermediate care facilities for individuals with intellectual disabilities - provider agreement and other essential requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth requirements for
				an intermediate care facility for individuals with intellectual disabilities
				(ICFIID) to be eligible for initial and continued participation in the Ohio
				medicaid program and to receive payment for ICFIID services to eligible
				residents.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Certification"
			 means the process by which the Ohio department of health certifies its findings
			 to the federal centers for medicare and medicaid services or the Ohio
			 department of medicaid with respect to a facility's compliance with health and
			 safety requirements of divisions (a), (b), (c), and (d) of section 1919 of the
			 Social Security Act,
			 42 U.S.C.
			 1396r (1999).
(2)
									"Certified beds"
			 means beds that are counted in a facility that meets medicaid standards. A
			 count of facility beds may differ depending on whether the count is used for
			 certification, licensure, eligibility for medicaid payment formulas,
			 eligibility for waivers, or other purposes.
(3)
									"Change of
			 operator" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(4)
									"Facility closure" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(5)
									"Operator" means the individual, partnership,
			 association, trust, corporation, or other legal entity that operates an
			 ICFIID.
(6)
									"Residential respite" has the same meaning as in rule
			 5123-9-34
			 of the Administrative Code.
(7)
									"Voluntary
			 termination" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-04 - Intermediate care facilities for individuals with intellectual disabilities - payment during the Ohio department of medicaid administrative appeals process for termination of a provider agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule clarifies conditions under
				which payment may be made to an intermediate care facility for individuals with
				intellectual disabilities (ICFIID) during proposed termination and upon
				termination of the ICFIID's provider agreement by the Ohio department of
				medicaid.
(B)
								Payment during the appeals process
When the Ohio department of medicaid is
				required to provide an adjudicatory hearing pursuant to Chapter 119. of the
				Revised Code, payment shall continue for medicaid-covered services provided to
				eligible residents during the appeal of and the proposed termination of an
				ICFIID's provider agreement. Payment shall not be made under this provision for
				services rendered on or after the effective date of the issuance of a final
				order of adjudication pursuant to Chapter 119. of the Revised Code, except as
				provided in paragraph (C)(1) of this rule.
(C)
								Payment following
			 termination of provider agreement
(1)
									Payment may be provided up to thirty calendar days
			 following the effective date of termination of an ICFIID's provider agreement
			 or after an administrative hearing decision that upholds the termination
			 action. Payment will be available if both of the following conditions are
			 met:
(a)
										Payment is for residents admitted to the ICFIID before the
			 effective date of termination; and
(b)
										The ICFIID
			 cooperates with federal, state, and local entities in the effort to transfer
			 residents to other facilities or community programs that can meet the
			 residents' needs.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-05 - Intermediate care facilities for individuals with intellectual disabilities - payment during the Ohio department of health administrative appeals process for termination or non-renewal of medicaid certification

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule clarifies conditions under
				which payment may be made to an intermediate care facility for individuals with
				intellectual disabilities (ICFIID) during proposed termination or non-renewal
				and upon termination or non-renewal of the ICFIID's medicaid certification by
				the Ohio department of health.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Effective date
			 of termination" means the date set by the Ohio department of health or the
			 United States department of health and human services for the termination of
			 medicaid certification.
(2)
									"Informal reconsideration" is the process by which an
			 ICFIID may refute in writing, prior to the termination or non-renewal of
			 medicaid certification, the Ohio department of health's findings on which the
			 termination or non-renewal is based. The ICFIID must receive a written response
			 to the informal reconsideration request which either affirms or reverses the
			 survey decisions. Informal reconsideration is a process independent of the
			 formal appeal. An ICFIID may or may not choose to utilize informal
			 reconsideration.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-09 - Intermediate care facilities for individuals with intellectual disabilities - personal needs allowance accounts

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule establishes requirements and procedures regarding
				personal needs allowance accounts of residents of an intermediate care facility
				for individuals with intellectual disabilities (ICFIID).
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Patient liability" means an individual's
			 financial obligation toward the medicaid cost of care.
(2) "Personal needs allowance" means a
			 required deduction in the computation of patient liability for needs of a
			 resident of an ICFIID.
(3)
			 "Personal needs allowance account" means an account or petty cash fund that
			 holds the 
									personal needs allowance funds of a resident of an
			 ICFIID and is managed for the resident by the ICFIID.