reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-05.2 - Older Americans Act nutrition program: home-delivered meals projects

Current through all regulations passed and filed through July 1, 2024
The following are the requirements to
				include in every AAA-provider agreement for a home-delivered meals project
				paid, in whole or in part, with Older Americans Act funds:
(A)
								The AAA-provider
			 agreement is subject to rules
			 173-3-06 and
			 173-4-05 of the Administrative
			 Code.
(B)
								Delivery:
(1)
									Availability:
(a)
										Per-meal
			 delivery:
(i)
											To
			 a consumer who chooses to receive per-meal deliveries and needs meals on five
			 or more days per week, the provider shall deliver at least one meal per day for
			 five or more days per week.
(ii)
											To a consumer
			 who chooses to receive per-meal deliveries, but does not need meals on five or
			 more days per week, the provider shall deliver at least one meal per day on
			 days that the consumer needs meals.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-05.3 - Older Americans Act nutrition program: congregate dining projects based in restaurants or grocery stores

Current through all regulations passed and filed through July 1, 2024
The following are the requirements to
				include in every AAA-provider agreement for a congregate dining project based
				in restaurants or grocery stores paid, in whole or in part, with Older
				Americans Act funds:
(A)
								The AAA-provider agreement is subject to rules
			 173-3-06 and
			 173-4-05 of the Administrative
			 Code.
(B)
								Eligibility verification: The provider shall use one of
			 the following three methods to verify consumers' eligibility when complying
			 with the eligibility-verification requirements in rule
			 173-4-03 of the Administrative
			 Code:
(1)
									Identification card method (whether or not electronically
			 verified): The provider that uses this method registers each consumer that it
			 serves and issues the consumer an identification card. When the consumer visits
			 the restaurant or grocery store, the consumer provides the identification card
			 to the designated staff person at the restaurant or grocery store to receive a
			 prepared meal. The provider may use an electronic verification system to
			 validate the identification card.
(2)
									Voucher method
			 (whether or not electronically verified): The provider that uses this method
			 registers each consumer that it serves and issues the consumer a voucher. When
			 the consumer visits the restaurant or grocery store, the consumer provides a
			 voucher to the designated staff person at the restaurant or grocery store to
			 receive a prepared meal. The provider may use an electronic verification system
			 to validate the voucher.
(3)
									Handwritten verification method: Before providing a
			 consumer the first meal, the provider that uses this method collects
			 information required by the AAA and obtains a unique identifier from the
			 consumer.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-06 - Older Americans Act nutrition program: diet orders

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1) "Diet order" means an order for a
			 therapeutic diet from a licensed healthcare professional whose scope of
			 practice includes ordering 
									a therapeutic diet.
(2)
			 "Therapeutic diet" means a calculated nutritive regimen including, the
			 following regimens:
(a) Diabetic and other
			 nutritive regimens requiring a daily specific calorie level.
(b) Renal nutritive regimens.
(c) Dysphagia nutritive regimens, excluding
			 simple textural modifications.
(d)
			 Any other nutritive regimen requiring a daily minimum or maximum level of one
			 or more specific nutrients or a specific distribution of one or more
			 nutrients.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-09 - Older Americans Act nutrition program: nutrition health screening

Current through all regulations passed and filed through July 1, 2024
(A)
								Definitions for
			 this rule:
"High nutritional risk" means the
				status of a consumer whose score on the ODA form labeled "Determine Your Own
				Nutritional Health" (ODA0010, rev. May, 2009) is a six or above.
"Nutrition health screening"
				("screening") means using the ODA form labeled "Determine Your Own Nutritional
				Health" (ODA0010, rev. May, 2009) to screen a consumer for nutritional risks
				and, if the screening determines the consumer to be at high nutritional risk,
				referring consumer to home and community-based services with potential for
				reducing the risk.
(B)
								Requirements for
			 every AAA-provider agreement for nutrition health screening paid, in whole or
			 in part, with Older Americans Act funds:
(1)
									The AAA-provider
			 agreement is subject to rule
			 173-3-06 of the Administrative
			 Code.
(2)
									Stand-alone or part: The provider may screen consumers
			 as a stand-alone service or as part of a nutrition project or nutrition
			 counseling.
(3)
									Venue: The provider may screen consumers by telephone,
			 video conference, or in person, but is strongly encouraged to screen consumers
			 in person.
(4)
									Checklist: The provider shall use an ODA form labeled
			 "Determine Your Own Nutritional Health" (ODA0010, rev. May, 2009) to screen
			 consumers for nutritional risks at least once every calendar
			 year.
(5)
									Referrals: If a screening determines a consumer to be
			 at high nutritional risk, the provider shall refer the consumer to home and
			 community-based services with potential for reducing the risk.
(6)
									Service
			 verification: The following are the mandatory reporting items for each
			 screening that a provider retains to comply with the requirements under
			 paragraph (B)(9) of rule
			 173-3-06 of the Administrative
			 Code:
(a)
										Consumer's name.
(b)
										Date of
			 screening.
(c)
										Provider's name.
(d)
										An indication of
			 whether the consumer is at high nutritional risk.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-10 - Older Americans Act nutrition program: grocery shopping assistance

Current through all regulations passed and filed through July 1, 2024
(A) "Grocery shopping assistance" means a
			 service that assists consumers with the act of  shopping for
			 groceries.
(B) Requirements
			 for every AAA-provider agreement for grocery shopping assistance paid, in whole
			 or in part, with Older Americans Act funds:
(1)
									 The AAA-provider agreement is subject to
			  rule
			 173-3-06 of the Administrative
			 Code .
(2) Introductory information: The provider
			 shall provide a consumer with a packet of introductory information that
			 explains how grocery shopping assistance works 
									on the
			 consumer's enrollment into the grocery shopping
			 assistance service.
(3) Transferring groceries:
			 
									The AAA shall indicate the extent to which
			 it requires the provider
			 
									to
			 transfer the groceries that the consumer
			 purchases or receives.
(4) Payment:
(a) No Older Americans Act funds, other than
			 funds from Title III-B or III-E of the Older Americans Act,
			 
										may pay
			 for grocery shopping assistance.
(b) No Older Americans Act funds, other than
			 funds from Title III-B or III-E of the Older Americans Act,
			 
										may pay
			 for consumable supplies or material aid to meet basic needs, such as groceries.
			 Providers may accept other funds (e.g., private pay, SNAP) for consumable
			 supplies or material aid to meet basic needs.
(5) Service verification:
(a)
										The following are
			 the mandatory reporting items
										
										for each episode of assistance
										that a provider retains to comply with the requirements
			 under paragraph (B)(9) of rule
			 173-3-06 of the Administrative
			 Code:
(i)
											Consumer's name.
(ii)
											Service
			 date.
(iii)
											Pick-up time and location.
(iv)
											Drop-off time
			 and location.
(v)
											Service units.
(vi)
											Unique
			 identifier of the consumer or the consumer's caregiver to attest to receiving
			 the service.
(b) During a state of
			 emergency declared by the governor or a federal public health emergency, the
			 provider may verify each episode of service provided without collecting the
			 unique identifier of the consumer or the consumer's
			 caregiver.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-11 - Older Americans Act nutrition program: grocery ordering and delivery

Current through all regulations passed and filed through July 1, 2024
(A) "Grocery ordering and delivery" means a
			 service for a consumer who needs assistance shopping for groceries that allows
			 consumers to order groceries, then delivers the ordered groceries to the
			 consumer's home or vehicle (e.g., at a drive-thru pick-up window).
(B) Requirements for every AAA-provider
			 agreement for grocery ordering and delivery paid, in whole or in part, with
			 Older Americans Act funds:
(1)
									 The AAA-provider
			 agreement is subject to 
			 rule 173-3-06 of the Administrative
			 Code .
(2) Procedures: The provider shall develop
			 and implement procedures for the safe delivery of groceries.
(3) Payment:
(a) No Older Americans Act funds, other than
			 funds from Title III-B or III-E of the Older Americans Act,
			 
										may pay
			 for grocery ordering and delivery.
(b) No Older Americans Act funds, other than
			 funds from Title III-B or III-E of the Older Americans Act,
			 
										may pay
			 for consumable supplies or material aid to meet basic needs, such as groceries.
			 Providers may accept other funds (e.g., private pay, SNAP) for consumable
			 supplies or material aid to meet basic needs.
(4) Service verification:
(a)
										The following are
			 the mandatory reporting items
										
										for each episode of service
										that a provider retains to comply with the requirements
			 under paragraph (B)(9) of rule
			 173-3-06 of the Administrative
			 Code:
(i)
											Consumer's name.
(ii)
											Service
			 date.
(iii)
											Unique identifier of the consumer or the consumer's
			 caregiver to attest to receiving the service.
(b) During a state of
			 emergency declared by the governor or a federal public health emergency, the
			 provider may verify each episode of service provided without collecting the
			 unique identifier of the consumer or the consumer's
			 caregiver.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-01 - Golden buckeye program: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: This chapter establishes
			 requirements for a person or a business to participate in the golden buckeye
			 program. The program serves as a gateway to the following:
(1) Current information on services available
			 from the aging network to support older Ohioans and their families.
(2) Timely information on the issues and
			 changing needs for older Ohioans.
(3) Benefits or discounts targeted for older
			 Ohioans and Ohioans who are persons with a disability.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-02 - Golden buckeye program: eligibility requirements for persons

Current through all regulations passed and filed through July 1, 2024
Any person who meets one of the
				following sets of requirements is eligible for a golden buckeye
				card:
(A)
								The person is a resident of Ohio who is sixty years of
			 age or older.
(B)
								The person is a resident of Ohio who is between
			 eighteen and fifty-nine years of age and is a person with a disability.
Replaces: 173-6-02
Effective: 1/1/2017
Five Year Review
				(FYR) Dates: 01/01/2022
Promulgated Under:
				119.03
Statutory
				Authority: 173.01,
				173.02,
				173.06
Rule
				Amplifies: 173.06
Prior
				Effective Dates: 07/03/1980, 12/30/1995, 01/12/2001, 09/12/2002 (Emer.),
				12/11/2002, 07/01/2007, 03/24/2011
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-03 - Golden buckeye program: enrollment process for persons sixty years of age or older

Current through all regulations passed and filed through July 1, 2024
(A) Automatic enrollment:
(1) ODA may automatically enroll an Ohio
			 resident who is sixty years of age or older into the golden buckeye
			 program.
(2)
									If an automatically-enrolled person wants a golden
			 buckye card, the person may apply for the card on
https://aging.ohio.gov/getgbc
.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-04 - Golden buckeye program: enrollment process for persons eighteen to fifty-nine years of age

Current through all regulations passed and filed through July 1, 2024
(A) Enrollment:
(1) If an Ohio resident who is eighteen to
			 fifty-nine years of age who is also a person with a permanent and total
			 disability chooses to apply for the golden buckeye program, the person shall
			 
									apply
			 at a sign-up site .
			 Sign-up sites include most Ohio senior centers and libraries.
(2) To apply, the person shall do all of the
			 following:
(a) Obtain an application from a
			 sign-up site.
(b) Return the
			 signed, completed application to the sign-up site.
(c) Provide the sign-up site with
			 
										evidence the person is eighteen to fifty-nine
			 years of age and a resident of Ohio (e.g., driver's
			 license, state identification card).
(d) Provide the sign-up site with
			 
										evidence the person is a person with a disability
			 (e.g., declaration of total disability from the bureau of workers' compensation
			 or another state agency with authority to declare disabilities, medicare card,
			 or benefits verification letter from the social security administration,
			 benefits letter from the veterans' administration, or a similar award letter
			 from a public pension program).
(3) After a sign-up site receives an
			 application , it shall do
			 all of the following:
(a) The sign-up site shall verify the
			 application has been completed and signed.
(b) The sign-up site shall verify the person
			 is eighteen to fifty-nine years of age and a resident
			 of Ohio by 
										indicating the source of
			 
										evidence (e.g., driver's license, state identification
			 card) on the application.
(c) The
			 sign-up site shall verify the person is a person with a disability by
			 
										indicating the source of 
										evidence
			 (e.g., declaration of total disability from the bureau of workers' compensation
			 or another state agency with authority to declare disabilities, medicare card,
			 or benefits verification letter from the social security administration,
			 benefits letter from the veterans' administration, or a similar award letter
			 from a public pension program) on the application.
(d) The sign-up site shall identify itself on
			 the application.
(e) On the
			 application, the sign-up site shall write the initials of the staff person at
			 the site who processed the application.
(f) The sign-up site shall mail, email, or
			 fax the signed, completed application to the processing location identified on
			 the application less than one week after it receives the application.
(4) After ODA receives the
			 application from a sign-up site, it shall do the following:
(a) Verify the sign-up site complied with
			 paragraph (A)(3) of this rule.
(b)
			 Issue a golden buckeye card to the eligible person.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-05 - Golden buckeye program: business participation agreements

Current through all regulations passed and filed through July 1, 2024
(A) To begin
			 participating in the golden buckeye program, a business shall complete a
			 business participation agreement ("agreement") on
https://aging.ohio.gov/goldenbuckeyebiz
to 
								apply.
(1) To
			 complete the agreement, the business shall provide all the following
			 information: business contact information, indication of whether the business
			 has parking for a person with a disability, forms of payment the business
			 accepts, general business classification (e.g., pet store), benefit or discount
			 to be offered to cardholders, exclusions and limitations, and acknowledgment of
			 the following statements:
"I, the undersigned, on behalf of the above named business,
				voluntarily enter into this good faith agreement with the Ohio Department of
				Aging (the department) to honor the Golden Buckeye card (the card) for products
				and services provided to eligible Ohioans (those age 60 or older and those 18
				and older who have total and permanent disabilities). We agree to make no
				change in the regular price for goods and services before honoring the
				card."
"We understand that acceptance in the Golden Buckeye Program (program) does not imply an endorsement of our business by the
				department or the
				program of our products or services and we
				will not use Golden Buckeye logos and names to imply such an
				endorsement."
"We understand that our participation in the program is
				effective upon approval of this agreement by the department. We also
				acknowledge that this agreement remains in effect unless canceled
				 by us (by sending a cancellation to the department by writing,
				telephone, or
https://aging.ohio.gov/goldenbuckeyebiz
or by the department and that violation of the above terms may result in
				automatic removal from the program."
(2) If a business with multiple locations
			 intends to offer uniform benefits or discounts at each location, the business
			 shall complete one agreement to represent all locations.
(3) If a business with multiple locations
			 does not intend to offer uniform benefits or discounts at each location, the
			 business shall complete a separate agreement for each location.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-07 - Golden buckeye program: cardholder records

Current through all regulations passed and filed through July 1, 2024
(A) ODA may retain cardholder
			 records.
(B) A cardholder record is
			 not a public record subject to inspection or copying under section
			 149.43 of the Revised
			 Code.
(C) ODA may use the
			 
								contact information in cardholder records to
			 
								inform cardholders about
			 the programs of ODA, other governmental agencies, or certain
			  entities who are approved by
			 ODA, unless restricted from doing so by Chapter 173-13 of the Administrative
			 Code or any statute or rule identified in rule
			 173-13-04
			 of the Administrative Code.
(D)
			 ODA's director (or the director's designee) may release
			 
								contact information from cardholder records to other
			 governmental agencies and 
			 organizations to inform cardholders of programs or information sponsored or
			 supported by those governmental agencies or  organizations, unless restricted from
			 doing so by Chapter 173-13 of the Administrative Code or any statute or rule
			 identified in rule
			 173-13-04
			 of the Administrative Code. Any governmental agency or
			  organization receiving
			 cardholder records shall only use cardholder records to inform cardholders of
			 the programs or services of the governmental agency or non-profit
			 organization.
(E) ODA shall
			 
								not
			 release information in cardholder records  containing a cardholder's medical
			 history.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-6 - Golden Buckeye Card Program › Section 173-6-08 - Golden buckeye program: ODA's administrator

Current through all regulations passed and filed through July 1, 2024
ODA may enter into an agreement with an entity to perform one
				or more administrative duties this chapter requires ODA to complete. If ODA
				enters into an agreement, in the agreement, ODA shall indicate which of ODA's
				administrative duties the 
								entity shall
				perform.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-02 - Background checks for paid direct-care positions: applicability

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicability:
			 This chapter applies to every paid direct-care position unless this rule states
			 otherwise. (For more information, please see the tables to appendix A to rule
			 173-9-04 of the Administrative
			 Code.)
(B)
								Inapplicability: This chapter does not apply to the
			 following positions:
(1)
									A volunteer position.
(2)
									A position whose
			 sole duty is transporting consumers under Chapter 306. of the Revised Code
			 (i.e., while working for a county transit system, regional transit authority,
			 or regional transit commission).
(3)
									A position in a
			 residential care facility. (See the background check requirements in Chapter
			 3701-13 of the Administrative Code.)
(4)
									A position
			 providing home health services or another service for which the provider needs
			 a home health license under Chapter 3740. of the Revised Code. (See the
			 background check requirements in Chapter 3701-60 of the Administrative
			 Code.)
Replaces: 173-9-02
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-04 - Background checks for paid direct-care positions: who to check, procedures, deadlines, and special situations

Current through all regulations passed and filed through July 1, 2024
(A)
								Who to check: The
			 tables to appendix A to this rule determine on which applicants, employees, and
			 self-employed providers to conduct a criminal records check with
			 BCII.
(B)
								Procedures: Sections
			 173.38 and
			 173.381 of the Revised Code and
			 Chapter 109:5-1 of the Administrative Code establish the procedures for
			 conducting criminal records checks.
(C)
								Deadlines: The
			 tables to appendix B to this rule establish the deadlines for a responsible
			 party to conduct a criminal records check with BCII on the applicant, employee,
			 or self-employed provider identified under paragraph (A) of this
			 rule.
(D)
								Special situations:
(1)
									Reverification:
			 If any person has requested a criminal records check from BCII on the person
			 identified under paragraph (B) of this rule in the past year that required BCII
			 to include sealed criminal records, the responsible party may request a
			 reverification of the criminal records from BCII. The reverification of the
			 criminal records has the same validity as the criminal records received during
			 the past year.
(2)
									FBI records: Division (F) of section
			 173.38 and division (F) of
			 section 173.381 of the Revised Code
			 establish standards for when to request that BCII obtain information from FBI
			 as part of the criminal records check on the applicant, employee, or
			 self-employed provider identified under paragraph (A) of this
			 rule.
(3)
									Referrals from an employment service: Division (G) of
			 section 173.38 of the Revised Code
			 establishes an exception to the requirement to conduct a criminal records check
			 on an applicant or employee referred to a responsible party by an employment
			 agency.
(4)
									Participant-directed providers: Rules
			 173-40-06 and
			 173-42-06 of the Administrative
			 Code establish a requirement for PAAs to assist consumers enrolled in the
			 PASSPORT program with their duties under this rule as responsible parties for
			 participant-directed providers.
Replaces: 173-9-04, 173-9-04.1
Click to view
				Appendix
Click to view
				Appendix
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-05 - Background checks for paid direct-care positions: conditional hiring

Current through all regulations passed and filed through July 1, 2024
(A)
								If the
			 responsible party is an AAA, a PAA, an agency provider (including a PACE
			 organization or a subcontractor), or a consumer (in the case of a hiring an
			 applicant to be a participant-directed provider), the responsible party may
			 conditionally hire an applicant for up to sixty days if the responsible party
			 complies with all requirements and limitations under division (H) of section
			 173.38 of the Revised
			 Code.
(B)
								Limited applicability:
(1)
									This rule does
			 not establish a requirement for an employee who holds a paid direct-care
			 position to enter a conditional status when undergoing a criminal records
			 check.
(2)
									This rule does not authorize ODA to offer a conditional
			 status to a self-employed applicant for ODA certification as a non-agency
			 provider.
(3)
									This rule does not authorize an AAA to offer a
			 conditional status to a selfemployed bidder on an AAA-provider agreement.
Replaces: 173-9-05
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-08 - Background checks for paid direct-care positions: confidentiality and retention of records

Current through all regulations passed and filed through July 1, 2024
(A)
								Confidentiality:
			 Criminal records are not public records. The responsible party may make
			 criminal records available only to the people or entities listed under division
			 (I) of section 173.38 of the Revised Code or
			 division (G) of section
			 173.381 of the Revised
			 Code.
(B)
								Records retention:
(1)
									Personnel
			 files:
(a)
										What
			 to retain: To verify compliance with this chapter, the responsible party shall
			 retain the following records:
(i)
											The result of each of the database
			 reviews.
(ii)
											Any criminal records including reverified
			 records.
(iii)
											The attestation to the character and fitness of the
			 employee, if the responsible party completed an attestation before April 1,
			 2013 to comply with paragraph (B)(3) of rule
			 173-9-07 of the Administrative
			 Code, or the attestation to the character and fitness of the self-employed
			 provider, if the self-employed provider completed an attestation before April
			 1, 2013 to comply with paragraph (B)(3) of rule
			 173-9-07.1 of the Administrative
			 Code as that rule existed before its rescission.
(iv)
											A certificate of
			 qualification for employment, if a court issued a certificate of qualification
			 for employment to the employee.
(v)
											A certificate of
			 achievement and employability, if the department of rehabilitation and
			 corrections issued a certificate of achievement and employability to the
			 employee.
(vi)
											A pardon, if a governor pardoned the
			 employee.
(vii)
											The date the responsible party hired the employee.
			 Regarding a selfemployed person, the responsible party shall retain the date
			 that it certified the self-employed person or entered into an agreement with
			 the self-employed person.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-11 - Senior Facilities Program › Section 173-11-03 - Senior facilities program

Current through all regulations passed and filed through July 1, 2024
If the general assembly appropriates
				funds for the senior facilities program (program) or if the Ohio department of
				aging (ODA) receives a gift or grant for the program, ODA shall adopt rules to
				define the program's terms, eligibility requirements, application process, and
				post-award requirements.
Replaces: 173-11-03
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-13 - Accessing Confidential Personal Information › Section 173-13-01 - Confidential personal information: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction:
			 
								This chapter regulates ODA employee access to the
			 confidential personal information that ODA maintains.
(B) Definitions for
			 
								this chapter:
"Access" as a noun means an instance of copying, viewing, or
				otherwise perceiving, whereas "access" as a verb means to copy, view, or
				otherwise perceive.
"Acquisition of a new computer system" means the purchase of a
				"computer system," as defined in this rule, that is not a computer system that
				is currently in place nor one for which the acquisition process was initiated
				on or before August 30, 2010.
"Computer system" means a "system," as defined in section
				1347.01 of the Revised Code,
				that stores, maintains, or retrieves personal information using electronic data
				processing equipment.
"Confidential personal information" 
									(CPI) has the
				meaning as in  section
				1347.15 of the Revised Code
				.
"Employee" means any ODA employee
				regardless of whether the employee holds an elected or appointed office or
				position within ODA.
"Incidental contact" means contact with the information that is
				secondary or tangential to the primary purpose of the activity that resulted in
				the contact.
"Individual" means a natural person or the natural person's
				authorized representative, legal counsel, legal custodian, or legal
				guardian.
"Information owner" means the 
									employee
									 section 1347.05 of the Revised Code
				requires ODA to 
									make directly
				responsible for a system.
"ODA" means "the Ohio department of aging."
"Person" means a natural person.
"Personal information" has the same meaning as in
				 section
				1347.01 of the Revised
				Code.
"Personal information system" means a "system" that "maintains"
				"personal information," as those terms are defined in section
				1347.01 of the Revised Code.
				"System" includes manual and computer systems.
"Research" means a methodical investigation into a
				subject.
"Routine" means commonplace, regular, habitual, or
				ordinary.
"System" has the same meaning as in  section
				1347.01 of the Revised
				Code.
"Upgrade" means a substantial redesign of an existing computer
				system for the purpose of providing a substantial amount of new application
				functionality, or application modifications that would involve substantial
				administrative or fiscal resources to implement, but would not include
				maintenance, minor updates and patches, or modifications that entail a limited
				addition of functionality due to changes in business or legal
				requirements.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-13 - Accessing Confidential Personal Information › Section 173-13-02 - Confidential personal information: procedures for accessing CPI

Current through all regulations passed and filed through July 1, 2024
For personal information systems
				containing CPI, whether manual or computer systems, ODA shall do the
				following:
(A)
								Requirements to access CPI: ODA manages its personal
			 information systems on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee to fulfill his or her
			 job duties. The employee's supervisor and the information owner shall approve
			 the employee's access to CPI before providing the employee with access to CPI
			 within a personal information system. ODA shall establish procedures for
			 determining a revision to an employee's access to CPI upon a change to that
			 employee's job duties including, but not limited to, transfer or termination.
			 Whenever an employee's job duties no longer require access to CPI in a personal
			 information system, the employee's access to CPI shall be
			 removed.
(B)
								Request for a list of CPI: If ODA receives a signed,
			 written request from any person for a list of CPI that ODA maintains about the
			 person, ODA shall do all of the following:
(1)
									Verify the
			 person's identityby a method that provides safeguards commensurate with the
			 risk associated with the CPI.
(2)
									Provide the
			 person with a list of CPI that does not relate to an investigation about the
			 person or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code.
(3)
									If all CPI relates to an investigation about that
			 person, inform the person that ODA has no CPI about the person that is
			 responsive to the person's request.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-13 - Accessing Confidential Personal Information › Section 173-13-03 - Confidential personal information: valid reasons for accessing CPI

Current through all regulations passed and filed through July 1, 2024
An authorized  employee
				may access 
								CPI for any one or more of
				the following reasons:
(A) Responding
			 to a public records request.
(B)
			 Responding to a request from 
								a person for the list of CPI that ODA
maintains on that 
									person.
(C) Administering a constitutional provision
			 or duty.
(D)
			 Administering a statutory provision or duty.
(E) Administering an administrative rule
			 provision or duty.
(F)
			 Complying with any state or federal program requirements.
(G) Processing or payment of claims or
			 otherwise administering a program with individual participants or
			 beneficiaries.
(H)
			 Auditing (or monitoring, reviewing, etc.) purposes.
(I) Licensure (or certification, permit,
			 eligibility, enrollment, filing, etc.) processes.
(J) Investigation or law enforcement
			 purposes.
(K)
			 Administrative hearings.
(L)
			 Litigation, complying with an order of the court, or subpoena.
(M) Human resource matters (e.g., hiring,
			 promotion, demotion, discharge, salary/ compensation issues, leave
			 requests/issues, time card approvals/issues).
(N) Complying with an executive order or
			 policy.
(O)
			 Complying with an agency policy or a state administrative policy issued by the
			 department of administrative services, the office of budget and management or
			 other similar state agency.
(P)
			 Complying with a collective-bargaining agreement provision.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-13 - Accessing Confidential Personal Information › Section 173-13-04 - Confidential personal information: statutes and rules

Current through all regulations passed and filed through July 1, 2024
The following statutes and rules make personal information
				maintained by ODA confidential:
Sections
				111.41 to
				111.47
								 of the Revised
				Code for not treating 
								the name, address, and other personally-identifiable
				information of a
								
								person as
				public records if the person is a certified participant in the safe at
				home address confidentiality program
				
								administered by the secretary of state.
Section
				149.43 of the Revised Code for
				the general statute on public records.
Section
				173.061 of the Revised Code for
				records that identify recipients of golden buckeye cards.
Section
				173.22 of the Revised Code;
				
								42
				U.S.C. 3027(a)(12)(C),
				
								3058d(a)
				(6)(C), 3058g(a)(5)(D),  3058g(d), and  3058i(e)(2); and
								45 C.F.R.
				1321.11
								
				for the collection, compilation, analysis, and dissemination of information by
				the office of the state long-term care ombudsman program.
Sections
				173.27,
				173.38, and
				173.381 of the Revised Code for
				criminal records.
Division (B) of section
				173.393 of the Revised Code for
				records obtained while monitoring certified providers.
Division (H) of section
				1347.15 of the Revised Code for
				records in personal information systems.
Chapter 3798. of the Revised Code and
				42
				U.S.C. 1320d et. seq.; 45 C.F.R. parts 160,
				162, and 164 for individually-identifiable health information (HIPAA).
42 U.S.C.
				1396a(a)(7);
				42 C.F.R.
				431.300 to
				431.307;
				and rule
				5160-1-32
				of the Administrative Code for information on medicaid applicants and
				recipients.
42 C.F.R.
				460.112(f) for individually
				identifiable health information of participants who are enrolled in
				PACE.
45 C.F.R.
				1321.51 for identifying information on older
				persons collected in the conduct of the state's responsibilities under the
				Older Americans Act.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-13 - Accessing Confidential Personal Information › Section 173-13-05 - Confidential personal information: restricting and logging access to CPI in computerized personal information systems

Current through all regulations passed and filed through July 1, 2024
For personal information systems that
				are computer systems and contain CPI, ODA shall do the following:
(A)
								Access
			 restrictions: Require a password or other authentication measure to access CPI
			 that ODA keeps electronically.
(B)
								Acquisition of a
			 new computer system: When ODA acquires a new computer system that stores,
			 manages, or contains CPI, ODA shall include a mechanism for recording specific
			 access by employees to CPI in the system.
(C)
								Upgrading
			 existing computer systems: When ODA modifies an existing computer system that
			 stores, manages, or contains CPI, ODA shall make a determination whether the
			 modification constitutes an upgrade. Any upgrades to a computer system shall
			 include a mechanism for recording specific access by employees to CPI in the
			 system.
(D)
								Logging requirements regarding CPI in existing computer
			 systems:
(1)
									ODA
			 shall require employees who access CPI within computer systems to maintain a
			 log that records that access.
(2)
									Employees do not
			 need to record access to CPI under any one or more of the following
			 circumstances:
(a)
										The employee is accessing CPI for official ODA
			 purposes, including research, and the access is not specifically directed
			 toward a specifically-named person or a group of specifically-named
			 persons.
(b)
										The employee is accessing CPI for routine office
			 procedures and the access is not specifically directed toward a
			 specifically-named person or a group of specifically-named
			 persons.
(c)
										The employee comes into incidental contact with CPI and
			 the access of the information is not specifically directed toward a
			 specifically-named person or a group of specifically-named
			 persons.
(d)
										The employee accesses CPI about a person based upon a
			 request made under either of the following circumstances:
(i)
											The person
			 requests CPI about himself or herself.
(ii)
											The person makes
			 a request that ODA take some action on that person's behalf and accessing the
			 CPI is required in order to consider or process that request.
(3)
									For purposes of paragraph (D) of this rule, ODA may
			 choose the form or forms of logging, whether in electronic or paper
			 formats.
Replaces: 173-13-05
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
								"Action plan"
			 means a plan developed by an ombudsman in conjunction with the consumer as part
			 of the complaint-handling process. The plan includes strategies and actions to
			 be taken by the representative including target dates.
(B)
								"Advocacy" means
			 planning, preparing, and conducting community education programs, training
			 events, and legislative and other public relations contacts; influencing the
			 formation, implementation, and outcome of public policy affecting consumers;
			 representing consumers, both individually and collectively, to effect a
			 positive change.
(C)
								"Affiliation" means being or having a parent, child,
			 sibling, spouse, or household member who is a board member of, a consultant to,
			 or has another relationship by which they may profit from a
			 provider.
(D)
								"Area agency on aging" (AAA) means an entity ODA
			 designates to be an AAA under rule
			 173-2-04
			 of the Administrative Code.
(E)
								"Client" means
			 the consumer of long-term care services for whom an ombudsman representative
			 has a case.
(F)
								"Clock hour" means a period of sixty
			 minutes.
(G)
								"Complaint case records" means those confidential
			 records kept by the office of the state long-term care ombudsman for complaints
			 handled by the program.
(H)
								"Complaint handling" means all the processes used to
			 handle a complaint, including intake, screening, opening a case, assigning,
			 investigating, attempting resolution, referring, performing follow-up
			 activities, closing a case, and documenting and record keeping.
(I)
								"Complex
			 complaint" means a complaint involving a greater depth of investigation,
			 including research and multiple contacts with provider staff or consumers, and
			 which require the development of an action plan as a part of opening a
			 case.
(J)
								"Community-based long-term care services" means health
			 and social services provided to persons in their own homes or in community care
			 settings, and includes any of the following:
(1)
									Case
			 management.
(2)
									Home health care.
(3)
									Homemaker
			 services.
(4)
									Chore services.
(5)
									Respite
			 care.
(6)
									Adult day care.
(7)
									Home-delivered
			 meals.
(8)
									Personal care.
(9)
									Physical,
			 occupational, and speech therapy.
(10)
									Transportation.
(11)
									Any other health
			 and social services provided to persons that allow them to retain their
			 independence in their own homes or in community care settings.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-02 - Types of representatives

Current through all regulations passed and filed through July 1, 2024
(A)
(1)
			 There shall be three categories of representatives of the office:
(a) Ombudsman associate;
(b) Ombudsman specialist; and,
(c) Ombudsman program director.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-03 - Duties of the representatives of the office

Current through all regulations passed and filed through July 1, 2024
(A)
								Ombudsman
			 associate:
(1)
									
			 An ombudsman associate may do the following:
(a)
										Provide outreach
			 to consumers and sponsors.
(b)
										Observe in
			 facilities, homes, and service sites.
(c)
										Perform intake of
			 complaints.
(d)
										Provide information to the public about the ombudsman
			 program and consumer rights.
(e)
										Make requests of
			 provider staff on behalf of, and with the consent of, a
			 consumer.
(f)
										Assist with handling complaints while under the
			 supervision of a certified ombudsman specialist, a certified ombudsman program
			 director, or candidates for certified ombudsman specialist or certified
			 ombudsman program director who have completed the first forty hours of
			 professional development, as specified in rule
			 173-14-04
			 of the Administrative Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-03 - Duties of the representatives of the office

Current through all regulations passed and filed through July 1, 2024
(A) Ombudsman associate:
(1) An ombudsman associate may do
			 any of the following:
(a) Provide outreach to consumers and
			 sponsors.
(b) Observe in
			 facilities, homes, and service sites.
(c) Perform intake of complaints.
(d) Provide information to the public about
			 the ombudsman program and consumer rights.
(e) Make requests of provider staff on behalf
			 of, and with the consent of, a consumer.
(f) Assist with handling complaints while
			 under the supervision of a certified ombudsman specialist, a certified
			 ombudsman program director, or candidates for certified ombudsman specialist or
			 certified ombudsman program director .
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-04 - Hours of professional development required for representatives of the office, certification

Current through all regulations passed and filed through July 1, 2024
(A) Representatives of the office shall
			 complete the following professional development:
(1) A candidate for certification as
			 ombudsman associate shall complete at least 
									thirty-six
			 clock hours of professional development and pass the certification examination
			 before performing any ombudsman duties without direct
			 supervision by an ombudsman specialist or ombudsman program director.
			 These 
									thirty-six hours of professional development shall
			 include lecture-format
			 education, homework, and field experience. 
									No later than sixty
			 days after completing the required professional development, the candidate
			 shall take the ombudsman associate examination.
(2) A candidate for certification as an
			 ombudsman specialist shall complete forty clock hours of professional
			 development and pass an ombudsman deployment examination administered by the
			 SLTCO before handling complaints without direct supervision by a certified
			 ombudsman specialist or a certified ombudsman program director. After the
			 initial forty clock hours of professional development, the candidate shall
			 complete all the following:
(a) Sixty
			 additional clock hours of professional development within the first fifteen
			 months of employment.
(b) A
			 twenty-clock-hour orientation within the first fifteen months of employment.
			 This orientation shall be performed at a site approved by the SLTCO according
			 to rule
			 173-14-08
			 of the Administrative Code.
(c)
			 Observation of a survey or inspection as defined in division (B)(4) of section
			 173.21
			 of the Revised Code within the first twenty-four months of
			 employment.
(d) Any other
			 professional development considered appropriate by the SLTCO.
Within sixty days after completing the required professional
				development, the candidate shall take the ombudsman specialist examination. All
				candidates who pass the examination shall be certified as ombudsman
				specialists.
(3)
			 The professional development requirements for an ombudsman program director
			 candidate are the same as for an ombudsman specialist with the addition of six
			 clock hours of education on program management and administration to be
			 completed as soon as feasible. An ombudsman program director candidate shall
			 work under the supervision of the SLTCO until the candidate has completed the
			 initial forty clock hours of professional development and the six clock hours
			 on program management and administration.
Within sixty days after completing the required professional
				development, the candidate shall take the ombudsman program director
				examination. All candidates who pass the examination shall be certified as
				ombudsman program directors.