Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-45 - Administered Waiver Service Providers › Section 5160-45-08 - ODM-administered waiver programs: criminal records checks involving independent providers

Current through all regulations passed and filed through July 1, 2024
(A) This rule sets forth the process and
			 requirements for the criminal records checks of independent providers of home
			 and community-based services (HCBS) in Ohio department of medicaid (ODM) -administered
								
								waiver
			 programs.
(B) For the
			 purposes of this rule,
(1) "Anniversary date"
			 means the later of the effective date of the provider agreement relating to the
			 independent provider or sixty days after the effective date of section
			 
										5164.341
									 of the Revised
			 Code (September 26, 2003).
(2)
			 "Applicant" means a person who has applied for a medicaid provider agreement to
			 provide HCBS as an independent provider under an ODM-administered waiver program.
(3) "Criminal records check" has the same
			 meaning as in section
			 109.572 of the Revised Code.
(4) "Disqualifying
			 offense" means any of the following:
(a) A
			 violation of section 959.13,
			 959.131,
			 2903.01,
			 2903.02,
			 2903.03,
			 2903.04,
			 2903.041,
			 2903.11,
			 2903.12,
			 2903.13,
			 2903.15,
			 2903.16,
			 2903.21,
			 2903.211,
			 2903.22,
			 2903.34,
			 2903.341,
			 2905.01,
			 2905.02,
			 2905.05,
			 2905.11,
			 2905.12,
			 2905.32,
			 2905.33,
			 2907.02,
			 2907.03,
			 2907.04,
			 2907.05,
			 2907.06,
			 2907.07,
			 2907.08,
			 2907.09,
			 2907.21,
			 2907.22,
			 2907.23,
			 2907.24,
			 2907.25,
			 2907.31,
			 2907.32,
			 2907.321,
			 2907.322,
			 2907.323,
			 2907.33,
			 2909.02,
			 2909.03,
			 2909.04,
			 2909.22,
			 2909.23,
			 2909.24,
			 2911.01,
			 2911.02,
			 2911.11,
			 2911.12,
			 2911.13,
			 2913.02,
			 2913.03,
			 2913.04,
			 2913.05,
			 2913.11,
			 2913.21,
			 2913.31,
			 2913.32,
			 2913.40,
			 2913.41,
			 2913.42,
			 2913.43,
			 2913.44,
			 2913.441,
			 2913.45,
			 2913.46,
			 2913.47,
			 2913.48,
			 2913.49,
			 2913.51,
			 2917.01,
			 2917.02,
			 2917.03,
			 2917.31,
			 2919.12,
			 2919.121, 2919.321,
			 2919.22,
			 2919.23,
			 2919.24,
			 2919.25,
			 2921.03,
			 2921.11,
			 2921.12,
			 2921.13,
			 2921.21,
			 2921.24,
			 2921.32, 2921.123,
			 2921.34,
			 2921.35,
			 2921.36,
			 2921.51,
			 2923.12,
			 2923.122,
			 2923.123,
			 2923.13,
			 2923.161,
			 2923.162,
			 2923.21,
			 2923.32,
			 2923.42,
			 2925.02,
			 2925.03,
			 2925.04,
			 2925.041,
			 2925.05,
			 2925.06,
			 2925.09,
			 2925.11,
			 2925.13,
			 2925.14,
			 2925.141,
			 2925.22,
			 2925.23,
			 2925.24,
			 2925.36,
			 2925.55,
			 2925.56,
			 2927.12 or
			 3716.11 of the Revised Code,
			 felonious sexual penetration in violation of former section
			 2907.12 of the Revised Code, a
			 violation of section 2905.04 of the Revised Code as
			 it existed prior to July 1, 1996; or
(b) A violation of section
			 2923.01,
			 2923.02, or
			 2923.03 of the Revised Code when
			 the underlying offense that is the object of the conspiracy, attempt, or
			 complicity is one of the offenses listed in paragraph (B)(5)(a) of this rule;
			 or
(c) A violation of an existing
			 or former municipal ordinance or law of the state of Ohio, any other state, or
			 the United States that is substantially equivalent to any of the disqualifying
			 offenses set forth in paragraph (B) (5)(a) or (B)(5)(b) of this rule.
(5) "Effective date of provider agreement" means the
			 month in which the initial provider agreement was entered into between
			 ODM and the independent
			 provider.
(6) "Home and community-based services medicaid waiver
			 component" has the same meaning as in section 
										5166.01
									 of the Revised
			 Code.
(7) "Independent provider" means a person who has a
			 medicaid provider agreement to provide HCBS as an independent provider in
			 an
			 ODM-administered waiver program. The term
			 "independent provider" is interchangeable with the term "non-agency provider"
			 in Chapters 
									5160-46 and 5160-58 of the
			 Administrative Code.
(8)
									"Retained applicant fingerprint database" or "RAPBACK"
			 means the database maintained by the bureau of criminal investigation (BCI)
			 pursuant to section 109.5721 of the Revised Code
			 that contains the fingerprints of individuals on whom BCI has conducted
			 criminal record checks to determine whether an applicant is ineligible for a
			 medicaid provider agreement pursuant to this rule.
(9) "Superintendent" means superintendent of
			 the BCI.