Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-29 - Home and community-based services waivers - home-delivered meals under the individual options, level one, and self-empowered life funding waivers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule defines home-delivered meals and sets forth provider
				qualifications, requirements for service delivery and documentation of
				services, and payment standards for the service.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Agency provider" means an
			 entity that directly employs at least one person in addition to a director of
			 operations for the purpose of providing services for which the entity is
			 certified in accordance with rule
			 5123-2-08 of the Administrative
			 Code.
(2) "County board" means a
			 county board of developmental disabilities.
(3) "Department" means the Ohio department of
			 developmental disabilities.
(4)
			 "Home-delivered meals" means meals delivered to an individual who is otherwise
			 unable to prepare or obtain nourishing meals. Meals may be ready-to-eat,
			 frozen, vacuum-packed, modified-atmosphere-packed, or shelf-stable.
(a) A maximum of two meals per day may be
			 provided under a home and community-based services waiver.
(b) There are three types of home-delivered
			 meals:
(i) Kosher meal, meaning a meal
			 certified as kosher by a recognized kosher certification or a kosher
			 establishment under orthodox rabbinic supervision.
(ii) Therapeutic meal, meaning a meal that is
			 part of a therapeutic diet ordered by a licensed healthcare professional whose
			 scope of practice includes ordering therapeutic diets:
(a) As part of the treatment for a disease or
			 clinical condition;
(b) To modify,
			 eliminate, decrease, or increase certain substances in the diet; or
(c) To provide mechanically altered food
			 (i.e., the texture of food is altered by chopping, grinding, mashing, or
			 pureeing so that it can be successfully chewed and safely swallowed) when
			 indicated.
(iii)
			 Standard meal, meaning a meal that is not a kosher meal or a therapeutic
			 meal.
(c)
			 "Home-delivered meals" do not include meals that are processed, frozen, or
			 pre-packaged and commercially available to the general public.
(5) "Independent provider" means a
			 self-employed person who provides services for which the person is certified in
			 accordance with rule
			 5123-2-09 of the Administrative
			 Code and does not employ, either directly or through contract, anyone else to
			 provide the services.
(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.
(8)
			 "Modified-atmosphere-packed" means the atmosphere of a package of food is
			 modified so that its composition is different from air but the atmosphere may
			 change over time due to the permeability of the packaging material or the
			 respiration of the food and includes reduction in the proportion of oxygen,
			 total replacement of oxygen, or an increase in the proportion of other gases
			 such as carbon dioxide or nitrogen.
(9) "Service documentation" means all records
			 and information on one or more documents, including documents that may be
			 created or maintained in electronic software programs, created and maintained
			 contemporaneously with the delivery of services, and kept in a manner as to
			 fully disclose the nature and extent of services delivered that includes the
			 items delineated in paragraph (E) of this rule to validate payment for medicaid
			 services.
(10) "Shelf-stable" means
			 non-perishable foods that can be safely stored at room temperature.
(11) "Vacuum-packed" means air is removed
			 from a package of food and the package is hermetically sealed so that a vacuum
			 remains inside the package.