Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-3 - Medications; R&D and Demonstration Projects › Section 5123-3-04 - Licensed residential facilities - admission of residents, provision of services, and maintenance of service records

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes standards to
				ensure that services provided in residential facilities licensed in accordance
				with section
				5123.19
				of the Revised Code focus on achievement of outcomes that are important to and
				important for individuals served, individuals are involved in development and
				delivery of their services, the confidentiality of individuals' records is
				maintained, and individuals' records are readily accessible for service
				delivery and for review by the department.
(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 shall be directly and actively
			 involved in the day-to-day operation of the residential facility and oversee
			 provision of services by the residential facility.
(2)
									"Community
			 participation" means engagement of an individual in daytime and evening
			 activities that:
(a)
										Are available to the general public (such as
			 employment, clubs, meetings, and advocacy groups);
(b)
										Are important to
			 the individual;
(c)
										Involve others with and without disabilities who are
			 not paid to provide care to the individual; and
(d)
										Create
			 opportunities for the individual to develop meaningful relationships in the
			 local community as is typical of other citizens of that
			 community.
(3)
									"Direct support professional" means a person who is
			 employed in a "direct services position" as that term is defined in section
			 5123.081
			 of the Revised Code.
(4)
									"Individual" means a person with a developmental
			 disability.
(5)
									"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.
(6)
									"Informed consent" means a documented written agreement
			 to allow a proposed action, treatment, or service after full disclosure
			 provided in a manner the individual or the individual's guardian understands,
			 of the relevant facts necessary to make the decision. Relevant facts include
			 the risks and benefits of the action, treatment, or service; the alternatives
			 to the action, treatment, or service; and the right to refuse the action,
			 treatment, or service. The individual or the individual's guardian, as
			 applicable, may withdraw informed consent at any time.
(7)
									"Intermediate
			 care facility for individuals with intellectual disabilities" has the same
			 meaning as in section
			 5124.01 of the
			 Revised Code.
(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)
									"Modified
			 texture or therapeutic diets" means diets that are altered in any way to enable
			 an individual to eat (e.g., food is chopped or pureed) or diets that are
			 intended to correct or prevent a nutritional deficiency or health
			 problem.
(11)
									"Operator" means the entity responsible for management
			 of and provision of services at the residential facility.
(12)
									"Residential
			 facility" has the same meaning as in section
			 5123.19
			 of the Revised Code.
(13)
									"Team," as applicable, has the same meaning as in rule
			 5123-4-02 of the Administrative Code or means an "interdisciplinary team" as
			 that term is used in
			 42 C.F.R.
			 483.440 as in effect on the effective date of
			 this rule.
(14)
									"Unusual incident" has the same meaning as in rule
			 5123-17-02
			 of the Administrative Code.
(15)
									"Virtual
			 support" means the provision of services by direct support professionals at a
			 distant site who engage with an individual using interactive technology that
			 has the capability for two-way, real time audio and video
			 communication.