Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-18 - Home and community-based services waivers - non-medical transportation 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 non-medical transportation 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) "Adult day support" has the
			 same meaning as in rule
			 5123-9-17 of the Administrative
			 Code.
(2) "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.
(3) "Career planning" has the
			 same meaning as in rule
			 5123-9-13 of the Administrative
			 Code.
(4) "Commercial
			 transportation" means transportation provided by a public bus transit system, a
			 public light rail transit system, or a taxicab that:
(a) Transports passengers in accordance with
			 an established fare schedule; and
(b) Has auditable records demonstrating that
			 the transportation provided is available to, and used primarily by, the general
			 public (i.e., not solely persons who receive services and supports for persons
			 who are aged, blind, or disabled).
(5) "Commute" means the number of miles
			 driven when one or more individual is riding in a vehicle while non-medical
			 transportation at the per-mile rate is being provided.
(6) "Competitive integrated employment" has
			 the same meaning as in rule
			 5123-2-05 of the Administrative
			 Code.
(7) "County board" means a
			 county board of developmental disabilities.
(8) "Department" means the Ohio department of
			 developmental disabilities.
(9)
			 "Group employment support" has the same meaning as in rule
			 5123-9-16 of the Administrative
			 Code.
(10) "Homemaker/personal
			 care" has the same meaning as in rule
			 5123-9-30 of the Administrative
			 Code.
(11) "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.
(12)
			 "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.
(13) "Individual employment support" has the
			 same meaning as in rule
			 5123-9-15 of the Administrative
			 Code.
(14) "Individual service
			 plan" means the written description of services, supports, and activities to be
			 provided to an individual.
(15)
			 "Modified vehicle" means:
(a) A motor vehicle
			 to be used upon public streets and highways that has been structurally modified
			 in a permanent manner to meet the physical or behavioral needs of the
			 individual being transported; or
(b) A motor vehicle that has been designed,
			 constructed, or fabricated and equipped to be used upon public streets and
			 highways for transportation of individuals who require use of a wheelchair and
			 that:
(i) Has permanent fasteners to secure a
			 wheelchair to the floor or side of the vehicle to prevent wheelchair
			 movement;
(ii) Has safety harnesses
			 or belts in the vehicle for the purpose of securing individuals in
			 wheelchairs;
(iii) Is equipped with
			 a stable access ramp specifically designed for wheelchairs or a hydraulic lift
			 specifically designed for wheelchairs; and
(iv) Is inspected, on each day the vehicle is
			 used to provide non-medical transportation, by the first driver of the vehicle
			 and prior to transporting an individual in a wheelchair, to ensure the
			 permanent fasteners, safety harnesses or belts, and access ramp or hydraulic
			 lift are working. The inspection will be documented by the driver that conducts
			 the inspection.
(16) "Non-medical transportation" means
			 transportation used by an individual to get to, from, between, or among:
(a) A place of employment;
(b) A location where adult day support,
			 career planning, group employment support, individual employment support, or
			 vocational habilitation is provided to the individual;
(c) A volunteer activity;
(d) A post-secondary educational
			 program;
(e) An internship or
			 practicum; and/or
(f) A drop-off or
			 transfer location from which the individual is then transported to or from one
			 of the places specified in paragraphs (B)(16)(a) to (B)(16)(e) of this
			 rule.
(17)
			 "Participant-directed homemaker personal care" has the same meaning as in rule
			 5123-9-32 of the Administrative
			 Code.
(18) "Passenger" means a
			 traveler in a vehicle who does not participate in operation of the
			 vehicle.
(19) "Service and support
			 administrator" means a person, regardless of title, employed by or under
			 contract with a county board to perform the functions of service and support
			 administration and who holds the appropriate certification in accordance with
			 rule 5123-5-02 of the Administrative
			 Code.
(20) "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 (H) of this rule to validate payment
			 for medicaid services.
(21)
			 "Taxicab" means a motor vehicle that carries passengers for a fare, and which
			 is licensed or otherwise authorized to operate as a taxicab by a municipality,
			 county, or other local authority.
(22) "Vocational habilitation" has the same
			 meaning as in rule
			 5123-9-14 of the Administrative
			 Code.
(23) "Volunteer activity"
			 means an activity performed by an individual for which the individual receives
			 no payment.