Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-02 - Home and community-based services waivers - ensuring the suitability of services and service settings

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes standards to
				ensure that home and community-based services waivers administered by the Ohio
				department of developmental disabilities maximize opportunities for enrolled
				individuals to access the benefits of community living and receive services in
				the most integrated setting.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Agency provider" has the same meaning as in 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 and
			 community-based services" has the same meaning as in section
			 5123.01
			 of the Revised Code.
(5)
									"Immediate family member" means a spouse, parent or
			 stepparent, child or stepchild, sibling or stepsibling, grandparent, or
			 grandchild.
(6)
									"Independent provider" has the same meaning as in rule
			 5123-2-09 of the Administrative Code.
(7)
									"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.
(8)
									"Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual.
(9)
									
			 "Individual-specific expenses" means standard monthly costs other than rent
			 (e.g., household goods and supplies, food, minor equipment, and medical
			 equipment) that are not reimbursable through medicaid, that are paid by the
			 individual to a residential facility or provider of shared living, and that
			 have been identified as needed and requested by the individual to be provided
			 by the residential facility or provider of shared living.
(10)
									"Intermediate
			 care facility for individuals with intellectual disabilities" has the same
			 meaning as in section
			 5124.01 of the
			 Revised Code.
(11)
									"Landlord" means the owner, lessor, or agent of the
			 owner contracted by the owner to manage the premises or to receive rent or room
			 costs in accordance with a lease or a residency agreement meeting the
			 requirements set forth in paragraph (F) of this rule.
(12)
									"Lease" means a
			 written rental agreement meeting the requirements for rental agreements set
			 forth in Chapter 5321. of the Revised Code.
(13)
									"Natural
			 supports" means the personal associations and relationships typically developed
			 in the community that enhance the quality of life for individuals. Natural
			 supports may include family members, friends, neighbors, and others in the
			 community or organizations that serve the general public who provide voluntary
			 support to help an individual achieve agreed upon outcomes through the
			 individual service plan development process.
(14)
									"Provider-controlled residential setting" means a residence
			 where the landlord is:
(a)
										An entity that is owned in whole or in part by the
			 individual's independent provider;
(b)
										An immediate
			 family member of the individual's independent provider;
(c)
										An immediate
			 family member of an owner or a management employee of the individual's agency
			 provider;
(d)
										Affiliated with the individual's agency provider,
			 meaning the landlord:
(i)
											Employs a person who is also an owner or a management
			 employee of the agency provider; or
(ii)
											Has, serving as
			 a member of its board, a person who is also serving as a member of the board of
			 the agency provider;
(e)
										An entity that is
			 owned in whole or in part by an owner, a management employee, or an immediate
			 family member of the individual's agency provider; or
(f)
										An owner or a
			 management employee of the individual's agency
			 provider.
(15)
									"Related to" means the caregiver is, by blood,
			 marriage, or adoption, the individual's:
(a)
										Parent or
			 stepparent;
(b)
										Sibling or stepsibling;
(c)
										Grandparent;
(d)
										Aunt, uncle,
			 nephew, or niece;
(e)
										Cousin; or
(f)
										Child or
			 stepchild.
(16)
									"Rent" means the standard charge to the individual to
			 cover the individual's use of the property, living space, and structure, and
			 where applicable, the appliances, utilities, and furniture.
(17)
									"Residency
			 agreement" means a written agreement between an individual and a residential
			 facility or provider of shared living which establishes or modifies the terms,
			 conditions, rules, or any other provisions concerning the use and occupancy of
			 a residence.
(18)
									"Residential facility" means a residential facility
			 licensed by the department in accordance with section
			 5123.19
			 of the Revised Code other than an intermediate care facility for individuals
			 with intellectual disabilities.
(19)
									"Roommate" means
			 a person with whom one shares a bedroom.
(20)
									"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
			 5123:2-5-02
			 of the Administrative Code.
(21)
									"Shared living"
			 has the same meaning as in rule 5123-9-33 of the Administrative
			 Code.