Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-05 - Employment first

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule implements Ohio's employment
				first policy in accordance with section
				5123.022 of the Revised
				Code.
(B)
								Scope
This rule applies to county boards of
				developmental disabilities and providers of employment services, regardless of
				funding source, to individuals with developmental disabilities.
(C)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Benefits analysis" means information provided to
			 individuals about the impact of earning wages on public assistance programs
			 including but not limited to, social security disability insurance,
			 supplemental security income, medicaid/medicare eligibility, medicaid buy-in
			 for workers with disabilities, veteran's benefits, housing assistance, and food
			 stamps.
(2)
									"Community employment" means competitive employment
			 that takes place in an integrated setting.
(3)
									"Competitive
			 integrated employment" means work (including self-employment) that is performed
			 on a full-time or part-time basis:
(a)
										For which an individual is:
(i)
											Compensated:
(a)
												At a rate that is not less than the higher of the rate
			 specified in the Fair Labor Standards Act of 1938,
			 29 U.S.C.
			 206(a)(1), as in effect on
			 the effective date of this rule, or the rate specified in the applicable state
			 or local minimum wage law and is not less than the customary rate paid by the
			 employer for the same or similar work performed by other employees who do not
			 have disabilities, and who are in similar occupations by the same employer and
			 who have similar training, experience, and skills; or
(b)
												In the case of an
			 individual who is self-employed, yields an income that is comparable to the
			 income received by persons without disabilities, who are self-employed in
			 similar occupations or similar tasks and who have similar training, experience,
			 and skills; and
(ii)
											Eligible for the
			 level of benefits provided to other full-time and part-time
			 employees;
(b)
										At a location where the individual interacts with
			 persons without disabilities to the same extent as employees who are not
			 receiving home and community-based services;
(c)
										That is not
			 performed in:
(i)
											Dispersed enclaves in which individuals work in a
			 self-contained unit within a company or service site in the community or
			 perform multiple jobs in the company, but are not integrated with non-disabled
			 employees of the company; or
(ii)
											Mobile work
			 crews comprised solely of individuals operating as a distinct unit and/or
			 self-contained business working in several locations within the community;
			 and
(d)
										That, as appropriate, presents opportunities for
			 advancement that are similar to those for persons without disabilities who have
			 similar positions.
(4)
									"County board"
			 means a county board of developmental disabilities.
(5)
									"Department"
			 means the Ohio department of developmental disabilities.
(6)
									"Employment first
			 policy" means the state of Ohio policy, established in section
			 5123.022 of the Revised Code,
			 that employment services for individuals with developmental disabilities be
			 directed at community employment and that individuals with developmental
			 disabilities are presumed capable of community employment.
(7)
									"Employment
			 services" means:
(a)
										The following medicaid-funded home and community-based
			 services:
(i)
											Career planning in accordance with rule
			 5123-9-13 of the Administrative
			 Code;
(ii)
											Group employment support in accordance with rule
			 5123-9-16 of the Administrative
			 Code;
(iii)
											Individual employment support in accordance with rule
			 5123-9-15 of the Administrative
			 Code; and
(iv)
											Vocational habilitation in accordance with rule
			 5123-9-14 of the Administrative
			 Code.
(b)
										Any services, regardless of funding, that are
			 comparable to the services described in paragraph (C)(7)(a) of this
			 rule.
(8)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
(9)
									"Individual" means a person with a developmental
			 disability.
(10)
									"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.
(11)
									"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 risks and
			 benefits of 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.
(12)
									"Integrated setting" means a setting typically found in
			 the community where individuals interact with persons who do not have
			 disabilities to the same extent as persons who do not have disabilities in
			 comparable positions. "Integrated setting" includes employment settings in
			 which employees interact with the community through technology.
(13)
									"Provider" means
			 an agency provider or an independent provider that is certified by the
			 department or a residential facility that is licensed by the
			 department.
(14)
									"Working age" means at least eighteen years of
			 age.