Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-16 - Home and community-based services waivers - group employment support 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 group employment support and sets forth
				provider qualifications, requirements for service delivery and documentation of
				services, and payment standards for the service. The expected outcome of group
				employment support is paid employment and work experience leading to further
				career development and competitive integrated employment.
(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) "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
			 on 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.
(5) "County board"
			 means a county board of developmental disabilities.
(6) "Daily billing
			 unit" means a billing unit that may be used when between five and seven hours
			 of group employment support are delivered by the same provider to the same
			 individual during one calendar day in accordance with the conditions specified
			 in paragraph (F)(2) of this rule.
(7) "Department" means
			 the Ohio department of developmental disabilities.
(8) "Fifteen-minute
			 billing unit" means a billing unit that equals fifteen minutes of service
			 delivery time or is greater or equal to eight minutes and less than or equal to
			 twenty-two minutes of service delivery time. Minutes of
			 service delivery time accrued throughout a day will be added together for the
			 purpose of calculating the number of fifteen-minute billing units for that
			 day.
(9) "Group employment
			 support" means services and training activities provided in regular business,
			 industry, and community settings for groups of two or more workers with
			 disabilities.
(a) Activities that constitute
			 group employment support include any combination of the following as necessary
			 and appropriate to meet the community employment goals of the individual:
(i) Person-centered employment
			 planning;
(ii) Work
			 adjustment;
(iii) Job
			 analysis;
(iv) Training and
			 systematic instruction;
(v) Job
			 coaching; and
(vi) Training in
			 independent planning, arranging, and using transportation.
(b) Group employment support is provided in
			 two distinct service arrangements:
(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.
(10) "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.
(11) "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.
(12)
			 "Individual employment support" has the same meaning as in rule
			 5123-9-15 of the Administrative
			 Code.
(13) "Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual.
(14) "Mentor" means a
			 person employed by or under contract with the agency provider who has
			 experience providing direct services to persons with developmental disabilities
			 and who is available on a regular basis to provide guidance to new direct
			 support professionals regarding techniques and practices that enhance the
			 effectiveness of the provision of group employment support.
(15)
			 "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.
(16)
			 "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 (E) of
			 this rule to validate payment for medicaid services.
(17) "Vocational
			 habilitation" has the same meaning as in rule
			 5123-9-14 of the Administrative
			 Code.
(18) "Waiver
			 eligibility span" means the twelve-month period following either an
			 individual's initial waiver enrollment date or a subsequent eligibility
			 re-determination date.