reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-11 - Intermediate care facilities for individuals with intellectual disabilities - relationship of other covered medicaid services

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule identifies covered services
				generally available to individuals who are eligible for medicaid and describes
				the relationship of such services to those provided to residents of an
				intermediate care facility for individuals with intellectual disabilities
				(ICFIID) other than a department-operated ICFIID. Reimbursement of services
				through the "ICFIID cost report mechanism" referenced in this rule is governed
				by rule 5123-7-12 of the Administrative
				Code.
(B)
								Dental services
All covered dental services provided by
				licensed dentists are reimbursed directly to the provider of the dental
				services in accordance with Chapter 5160-5 of the Administrative Code. Personal
				hygiene services provided by staff or contracted personnel of the ICFIID are
				reimbursed through the ICFIID cost report mechanism.
(C)
								Laboratory and
			 x-ray services
Costs incurred for the purchase and
				administration of tuberculin tests, and for drawing specimens and forwarding
				specimens to a laboratory, are reimbursed through the ICFIID cost report
				mechanism. All laboratory and x-ray procedures covered under the medicaid
				program are reimbursed directly to the laboratory or x-ray provider in
				accordance with Chapter 5160-11 of the Administrative Code.
(D)
								Medical supplier services
(1)
									Medical supplier
			 services that are reimbursed through the ICFIID cost report mechanism
			 include:
(a)
										Costs incurred for "needed medical and program supplies,"
			 defined as items that have a very limited life expectancy. Such items include
			 atomizers, nebulizers, bed pans, catheters, electric pads, hypodermic needles,
			 syringes, incontinence pads, splints, and disposable ventilator
			 circuits.
(b)
										Costs incurred for the purchase and repair of "needed
			 medical equipment," defined as items that can stand repeated use, are primarily
			 and customarily used to serve a medical purpose, are not useful to a person in
			 the absence of illness or injury, and are appropriate for use in the ICFIID.
			 Such items include hospital beds, wheelchairs, and intermittent
			 positive-pressure breathing machines, except as noted in paragraph (D)(2) of
			 this rule.
(c)
										Costs of equipment associated with oxygen
			 administration such as carts, regulators, humidifiers, cannulas, masks, and
			 demurrage.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-12 - Intermediate care facilities for individuals with intellectual disabilities - cost report and chart of accounts

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth standards and requirements for an
				intermediate care facility for individuals with intellectual disabilities
				(ICFIID), other than a department-operated ICFIID, to submit cost reports to
				the department and maintain supporting documents and records.
(B) Submission of cost reports
(1) An ICFIID 
									will utilize
			 the medicaid information technology system maintained by the Ohio department of
			 medicaid to submit a cost report to the department in accordance with sections
			 5124.10,
			 5124.101, and
			 5124.522 of the Revised
			 Code.
(2) For good cause, an ICFIID
			 may request and the department may grant an extension of fourteen calendar days
			 for submitting a cost report. An ICFIID 
									will request an
			 extension in writing via email to cr-icf@dodd.ohio.gov, explain the
			 circumstances resulting in the need for an extension, and submit the request no
			 later than ninety calendar days after the end of the reporting
			 period.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-15 - Intermediate care facilities for individuals with intellectual disabilities - claim submission

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes procedures for an
				intermediate care facility for individuals with intellectual disabilities
				(ICFIID) to submit claims and be paid for services rendered.
(B)
								Submission of claims for payment for services included in
			 the ICFIID per diem rate
(1)
									An ICFIID shall:
(a)
										Submit claims for
			 payment to the Ohio department of medicaid in accordance with rule
			 5160-1-19 of the Administrative
			 Code.
(b)
										Submit claims for payment either directly or through a
			 "trading partner" as that term is defined in rule
			 5160-1-20 of the Administrative
			 Code.
(c)
										Be a medicaid provider in an active enrollment status
			 for all dates within the claim span.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-14 - Intermediate care facilities for individuals with intellectual disabilities - debt estimation, debt summary report, and successor liability agreements for change of operator, facility closure, involuntary termination, or voluntary termination

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth procedures for
				estimating the debt an exiting operator of an intermediate care facility for
				individuals with intellectual disabilities (ICFIID) owes the department and the
				federal centers for medicare and medicaid services at the time of a change of
				operator, facility closure, involuntary termination, or voluntary
				termination.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Change of
			 operator" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(2)
									"Exiting operator" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(3)
									"Facility closure" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(4)
									"Involuntary termination" has the same meaning as in
			 section 5124.01 of the Revised
			 Code.
(5)
									"Voluntary termination" has the same meaning as in
			 section 5124.01 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-18 - Intermediate care facilities for individuals with intellectual disabilities - capital assets and depreciation

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes requirements for
				determining when an asset of an intermediate care facility for individuals with
				intellectual disabilities (ICFIID) is capitalized and
				depreciated.
(B)
								Capitalization of assets
For purposes of determining when an
				asset is capitalized, an ICFIID shall use the following
				guidelines:
(1)
									Any item that costs five hundred or more dollars and
			 has a useful life of two or more years shall be capitalized and depreciated
			 over the asset's useful life.
(2)
									An ICFIID that
			 has a capitalization policy in effect on the effective date of this rule to
			 capitalize items that cost less than five hundred dollars shall continue to
			 follow its policy and shall obtain prior approval from the department to change
			 its policy.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-21 - Intermediate care facilities for individuals with intellectual disabilities - compensation cost limits for owners and relatives of owners

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes limits,
				applicable to the cost report of an intermediate care facility for individuals
				with intellectual disabilities (ICFIID), for the amount of compensation that
				may be claimed for owners or relatives of owners of the
				ICFIID.
(B)
								Calculating compensation cost limits for owners and
			 relatives of owners serving in positions for which comparable positions
			 exist
Compensation cost limits for owners and
				relatives of owners shall be based upon compensation costs for persons who hold
				comparable positions but who are not owners or relatives of owners, as reported
				on the ICFIID's cost report from the calendar year preceding the fiscal year in
				which the rate is paid. As used in this rule, "comparable position" means the
				position that is held by the owner or relative of an owner, if that position is
				listed separately on the ICFIID's cost report, or if the position is not listed
				separately, the group of positions that is listed on the ICFIID's cost report
				and that includes the position held by the owner or relative of an owner. The
				compensation cost limits for owners and relatives of owners who function in
				positions listed on attachment 6 of the cost report shall be based upon the
				wage and hour equivalents which are calculated as follows:
(1)
									The compensation
			 cost limits for owners and relatives of owners are calculated from:
(a)
										Cost reports with
			 a December thirty-first end date; and
(b)
										Desk-reviewed and
			 preliminarily determined to be allowable costs.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-22 - Intermediate care facilities for individuals with intellectual disabilities - compensation cost limits for administrators who are not owners or relatives of owners

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes limits,
				applicable to the cost report of an intermediate care facility for individuals
				with intellectual disabilities (ICFIID), for the amount of compensation that
				may be claimed for administrators of the ICFIID who are not owners or relatives
				of owners.
(B)
								Calculating compensation cost limits
Compensation cost limits for
				administrators shall be based upon compensation costs for administrators who
				are not owners or relatives of owners, as reported on the ICFIID's cost report
				for the calendar year preceding the fiscal year in which the rate is paid. The
				compensation cost limits for administrators, excluding owners and relatives of
				owners who are administrators, are calculated as follows:
(1)
									The compensation
			 cost limits for administrators are calculated from:
(a)
										Cost reports with
			 a December thirty-first end date; and
(b)
										Desk-reviewed and
			 preliminarily determined to be allowable costs.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-24 - Intermediate care facilities for individuals with intellectual disabilities - costs of ownership payment

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth conditions necessary for an intermediate
				care facility for individuals with intellectual disabilities (ICFIID) to
				receive a costs of ownership payment. This rule applies only to the capital
				rate calculation prescribed in section 
									5124.17 of the Revised
				Code.
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Costs of ownership" means the actual
			 expense incurred for:
(a) Depreciation and
			 interest on any items capitalized including:
(i) Buildings;
(ii) Building improvements;
(iii) Equipment;
(iv) Extensive renovation;
(v) Transportation equipment; and
(vi) Replacement beds.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-25 - Intermediate care facilities for individuals with intellectual disabilities - nonextensive renovation

Current through all regulations passed and filed through July 1, 2024
(A)
			 Purpose
This rule defines nonextensive renovation and sets forth the
				process for calculating the per-bed cost of a nonextensive renovation project
				at an intermediate care facility for individuals with intellectual disabilities
				(ICFIID).
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Extensive renovation" has the same
			 meaning as in rule
			 5123-7-24 of the Administrative
			 Code.
(2) "Nonextensive renovation"
			 means a project, approved by the department prior to 
									July 8, 2018 in accordance with rule
			 5123:2-7-25 of the
			 Administrative Code as it existed on 
									July 7, 2018, for the betterment, improvement, or
			 restoration of an ICFIID beyond its current functional capacity through a
			 structural change that costs at least five hundred dollars per bed. To
			 calculate the per-bed cost of a renovation project for purposes of determining
			 whether it is a nonextensive renovation, the allowable cost of the project
			 
									will be
			 divided by the number of beds in the ICFIID certified for participation in the
			 medicaid program, even if the project does not affect all medicaid-certified
			 beds. "Nonextensive renovation" may include betterment, improvement,
			 restoration, or replacement of assets that are affixed to the building and have
			 a useful life of at least five years. "Nonextensive renovation" may include
			 costs that otherwise would be considered maintenance and repair expenses if
			 they are included as part of the nonextensive renovation project and are an
			 integral part of the structural change that makes up the nonextensive
			 renovation project. "Nonextensive renovation" does not mean construction of
			 additional space for beds that will be added to an ICFIID's licensed or
			 certified capacity. Allowable nonextensive renovation projects are not
			 considered costs of ownership.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-27 - Intermediate care facilities for individuals with intellectual disabilities - request for rate reconsideration

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes a process for an
				intermediate care facility for individuals with intellectual disabilities
				(ICFIID) or a group or association of ICFIID providers to request
				reconsideration of an ICFIID's per diem payment rate pursuant to section
				5124.38 of the Revised
				Code.
(B)
								Submission of request
(1)
									An ICFIID will
			 submit a request for reconsideration of the ICFIID's per diem payment rate in
			 writing via email to cr-icf@dodd.ohio.gov. The request will indicate the basis
			 for rate reconsideration.
(2)
									In addition to the circumstances described in section
			 5124.38 of the Revised Code, an
			 ICFIID may request reconsideration of the ICFIID's per diem payment rate on the
			 basis of:
(a)
										A
			 possible error in the calculation of the rate, in which case the request
			 will:
(i)
											Be
			 submitted to the department within thirty calendar days after the later of the
			 initial payment of the rate or the receipt of the rate- setting
			 calculation.
(ii)
											Include a detailed explanation of the possible error
			 and the proposed corrected calculation and references to the relevant sections
			 of the Revised Code and/or rules of the Administrative Code, as
			 applicable.
(b)
										Actual allowable costs that are significantly higher
			 than those recognized by the ICFIID's current per diem payment rate and the
			 ability of the ICFIID to deliver necessary care and active treatment is
			 severely jeopardized, in which case the request will include:
(i)
											A detailed
			 explanation of the current hardship and the impact on delivery of necessary
			 care and active treatment.
(ii)
											A cost report
			 for at least three full months of operation.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-32 - Intermediate care facilities for individuals with intellectual disabilities - administration of the Ohio developmental disabilities profile

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth a requirement and
				process for administration of the Ohio developmental disabilities profile to
				residents of an intermediate care facility for individuals with intellectual
				disabilities (ICFIID).
(B)
								Definitions of
			 terms used in this rule
For the purposes of this rule, the
				following definitions apply:
(1)
									"Certified assessor" means a person authorized by the
			 department to administer the Ohio developmental disabilities profile. In order
			 to become a certified assessor, a person is required to complete training
			 conducted or approved by the department and successfully perform a
			 post-training demonstration.
(2)
									"Ohio
			 developmental disabilities profile" means the instrument used to assess the
			 needs and circumstances of an individual with developmental disabilities
			 relative to other individuals with developmental disabilities.
(3)
									"Reporting
			 period" means one of the four quarters of the calendar year, that is:
(a)
										January through
			 March;
(b)
										April through June;
(c)
										July through
			 September; or
(d)
										October through December.
(4)
									"Reporting period
			 end date" means the last day of the last month in a reporting
			 period.
(5)
									"Significant change of condition" means that an
			 individual has experienced a change in physical or mental condition or
			 functional abilities which may result in a change in the individual's support
			 needs.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-7 - Intermediate Care Facilities for Individuals with Intellectual Disabilities › Section 5123-7-34 - Intermediate care facilities for individuals with intellectual disabilities - quality indicators and the quality incentive payment program

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth a method and process for determining the
				quality incentive payment that may be paid to an intermediate care facility for
				individuals with intellectual disabilities (ICFIID) for achieving quality
				indicators pursuant to section
				5124.24 of the Revised
				Code.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Change of operator" has
			 the same meaning as in section
			 5124.01 of the Revised
			 Code.
(2) "Cost report" has the
			 same meaning as in rule
			 5123-7-12 of the Administrative
			 Code.
(3) "Direct care staff" means
			 activity staff, habilitation staff, habilitation supervisors, nurse aides,
			 nurses, and qualified intellectual disability professionals.
(4)
									"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.
(5) "Inpatient
			 days" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(6) "Quality incentive
			 payment" means a rate enhancement, available beginning with fiscal year 2022,
			 that is a component of an ICFIID's per diem rate, available to an eligible
			 ICFIID that chooses to achieve quality indicators and meets the requirements
			 set forth in this rule.
(7)
			 "Quality indicator" means one of the five standards set forth in paragraph (D)
			 of this rule.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-01 - Home and community-based services waivers - enrollment, denial of enrollment, disenrollment, and reenrollment

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule establishes procedures for the enrollment, denial of
				enrollment, disenrollment, and reenrollment of individuals in home and
				community-based services waivers administered by the Ohio department of
				developmental disabilities.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Alternative services"
			 means the various programs, services, and supports, regardless of funding
			 source, other than home and community-based services, that exist as part of the
			 developmental disabilities service system and other service systems including,
			 but not limited to:
(a) Services provided
			 directly by a county board;
(b)
			 Services funded by a county board and delivered by other providers;
(c) Services provided and funded outside the
			 developmental disabilities service system; and
(d) Services provided at the state
			 level.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-11 - Home and community-based services waivers - free choice of providers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule establishes the responsibilities of a county board of
				developmental disabilities for assuring an individual's right to obtain home
				and community-based services from any qualified and willing provider in
				accordance with 42 C.F.R.
				431.51 as in effect on the effective date of
				this rule and sections
				5123.044 and
				5126.046 of the Revised
				Code.
(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) "County board" means a
			 county board of developmental disabilities.
(5) "Department" means the Ohio department of
			 developmental disabilities.
(6)
			 "Group employment support" has the same meaning as in rule
			 
									5123-9-16 of the Administrative Code.
(7) "Home and community-based services" has
			 the same meaning as in section
			 5123.01 of the Revised
			 Code.
(8) "Homemaker/personal care"
			 has the same meaning as in rule
			 5123-9-30 of the Administrative
			 Code.
(9) "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.
(10)
			 "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.
(11) "Individual employment support" has the
			 same meaning as in rule 
									5123-9-15 of the Administrative Code.
(12) "Non-medical transportation" has the
			 same meaning as in rule
			 5123-9-18 of the Administrative
			 Code.
(13) "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.
(14) "Vocational habilitation" has the same
			 meaning as in rule
			 5123-9-14 of the Administrative
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-28 - Home and community-based services waivers - nutrition services under the individual options waiver

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule defines nutrition services
				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)
									"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)
									"Independent
			 provider" has the same meaning as in rule
			 5123-2-09
			 of the Administrative Code.
(5)
									"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.
(6)
									"Individual service plan" means the written description
			 of services, supports, and activities to be provided to an
			 individual.
(7)
									"Nutrition services" means a nutritional assessment and
			 intervention for individuals who are identified as being at nutritional risk
			 and includes development of a nutrition care plan, including appropriate means
			 of nutrition intervention (i.e., nutrition required, feeding modality,
			 nutrition education, and nutrition counseling). Nutrition services shall not
			 supplant existing services provided by the federal women, infants, and children
			 program.
(8)
									"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 shall include
			 the items delineated in paragraph (E) of this rule to validate payment for
			 medicaid services.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-36 - Home and community-based services waivers - interpreter services under the individual options waiver

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule defines interpreter services
				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)
									"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)
									"Independent
			 provider" has the same meaning as in rule
			 5123-2-09
			 of the Administrative Code.
(5)
									"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.
(6)
									"Individual service plan" means the written description
			 of services, supports, and activities to be provided to an
			 individual.
(7)
									"Interpreter services" means the process by which one
			 person's message is conveyed to another in a manner that incorporates both the
			 message and attitude of the communicator.
(8)
									"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 shall include the items delineated in paragraph (E) of
			 this rule to validate payment for medicaid services.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-11 - Distribution of Operating Subsidy › Section 5123-11-02 - Administrative resolution of complaints involving the Ohio department of developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes a procedure for
				the filing and resolution of complaints involving the programs, services,
				policies, or administrative practices of the Ohio department of developmental
				disabilities ("department") or an entity under contract with the
				department.
(B)
								Scope
(1)
									Any aggrieved person or organization, including a
			 county board of developmental disabilities, may file a complaint involving the
			 programs, services, policies, or administrative practices of the department or
			 an entity under contract with the department except:
(a)
										An employee of
			 the department may not file a complaint under this rule.
(b)
										A complaint
			 regarding investigation of a major unusual incident will follow the procedure
			 set forth in rule
			 5123-17-02 of the Administrative
			 Code and is not subject to this rule.
(c)
										A matter subject
			 to the medicaid appeal processes in section
			 5160.31 of the Revised Code and
			 Chapters 5101:6-1 to 5101:6-9 of the Administrative Code is not subject to this
			 rule.
(d)
										A matter related to the early intervention program
			 established under part C of the Individuals with Disabilities Education Act,
			 20 U.S.C.
			 1431 through
			 1445, as in effect on the
			 effective date of this rule, and 34 C.F.R. 303, as in effect on the effective
			 date of this rule, is not subject to this rule.
(e)
										A matter over
			 which another governmental entity or tribunal has jurisdiction is not subject
			 to this rule.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-12 - Developmental Disabilities Council › Section 5123-12-01 - Conducting meetings of the Ohio developmental disabilities council via interactive video conference or teleconference

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule authorizes members of the Ohio developmental
				disabilities council to participate in council meetings via interactive video
				conference or teleconference; establishes requirements for conducting council
				meetings via interactive video conference or teleconference; and establishes a
				policy regarding the distribution and circulation of meeting-related documents
				to council members, the public, and the media.
(B) Definitions
(1) "Council" means the Ohio developmental
			 disabilities council as established by section
			 5123.35 of the Revised
			 Code.
(2) "Meeting-related
			 documents" means the meeting agenda, previous meeting minutes, state plan
			 language drafts or amendments, and other documents that may be the subject of a
			 motion.
(3) "Primary meeting
			 location" means the physical location of the public meeting that is indicated
			 in a notice of public meeting.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-13 - Operations › Section 5123-13-01 - Trusts for supplemental services

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule defines supplemental services
				that may be provided through a trust and establishes standards for the
				maintenance and distribution to a beneficiary of assets of a trust authorized
				by section 5815.28 of the Revised
				Code.
(B)
								Definitions
(1)
									 "Ascertainable standard" includes a standard in a
			 trust instrument requiring the trustee to provide for the care, comfort,
			 maintenance, welfare, education, or general well-being of the
			 beneficiary.
(2)
									"County board" means a county board of developmental
			 disabilities.
(3)
									"Department" means the Ohio department of developmental
			 disabilities.
(4)
									"Director" means the director of the Ohio department of
			 developmental disabilities or his or her designee.
(5)
									"Disability" has
			 the same meaning as in section
			 5815.28 of the Revised
			 Code.
(6)
									"Supplemental services" mean services specified in
			 paragraph (C) of this rule that are provided to an individual with a disability
			 in addition to services the individual is eligible to receive under programs
			 authorized by federal or state law.
(7)
									"Supplemental
			 services fund" means the fund created in the state treasury pursuant to section
			 5123.40 of the Revised
			 Code.
(8)
									"Supplemental services trust" means a trust created
			 pursuant to section 5815.28 of the Revised Code for
			 the purpose of providing supplemental services to an individual with a
			 disability.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-13 - Operations › Section 5123-13-07 - Prohibition of weapons or other prohibited items at developmental centers and department offices

Current through all regulations passed and filed through July 1, 2024
(A)
			 The purpose of this rule shall be to prohibit the storing, possessing,
			 carrying, or use of deadly weapons or dangerous ordnance, drug of abuse, or
			 intoxicating liquor in any building or on the grounds of a developmental center
			 or property owned or leased by the Ohio department of developmental
			 disabilities (hereinafter "department") by employees or visitors or other
			 individuals or by employees in the performance of their duties whether on or
			 off state owned or leased property.
(B) The provisions of this rule shall be
			 applicable to all developmental centers and state owned or leased property and
			 employees under the managing responsibility of the department.
(C) The following definitions shall apply to
			 this rule:
(1) "Deadly weapon or dangerous
			 ordnance" means any item as defined in section
			 2923.11 of the Revised Code, or
			 any part of or ammunition for use in such deadly weapon or dangerous ordnance
			 and includes, but is not limited to firearms including any pistol, revolver,
			 rifle, shotgun or any other weapon capable of discharging a projectile capable
			 of wounding, fatally or otherwise, the person of another.
(2) "Drug of abuse" means any item defined in
			 section 3719.011 of the Revised Code.
(3) "Intoxicating liquor" means
			 any beverage defined in section
			 4301.01 of the Revised Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-14 - Preadmission Screening and Resident Review for Nursing Facilities › Section 5123-14-01 - Preadmission screening and resident review for nursing facility applicants and nursing facility residents with developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth a process for the Ohio department of
				developmental disabilities and county boards of developmental disabilities to
				determine whether an individual is eligible for admission to a nursing facility
				or eligible to continue to receive services in a nursing facility.
(B) Scope
This rule applies to individuals who are seeking admission to a
				nursing facility who have indications of developmental disabilities,
				individuals who are residents of a nursing facility who have indications of
				developmental disabilities, and persons acting on behalf of these applicants or
				residents. This rule does not apply to individuals seeking readmission to a
				nursing facility after having transferred from a nursing facility to a hospital
				for care nor to individuals transferring from one nursing facility to another
				nursing facility, with or without an intervening hospital stay.
(C) Definitions
For the purposes of this rule, the following definitions shall
				apply:
(1) "Adverse determination"
			 means a determination made in accordance with this rule and rules 5160-3-15.1,
			 5160-3- 15.2, and 5122-21-03 of the Administrative Code, that an individual
			 does not require the level of services provided by a nursing facility. A
			 determination that an individual does not require nursing facility services
			 shall meet both of the following conditions:
(a)
										An assessment of the
			 individual conducted in person, by video conference, or
			 by telephone and a review of the medical records accurately reflecting
			 the individual's current condition is performed by one of the following
			 professionals within the scope of his or her practice:
(i) Physician;
(ii) Registered nurse;
(iii) A person who holds a master of science
			 in nursing degree;
(iv) Clinical
			 nurse specialist;
(v) Certified
			 nurse practitioner;
(vi) Licensed
			 social worker, under supervision of a licensed independent social
			 worker;
(vii) Licensed independent
			 social worker;
(viii) Professional
			 counselor, under supervision of a professional clinical counselor;
(ix) Professional clinical
			 counselor;
(x)
			 Psychologist;
(xi) Qualified
			 intellectual disability professional; or
(xii) Service and support
			 administrator.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-15 - Protective Services › Section 5123-15-01 - Protective services system for guardianship, trusteeship, protectorship, or conservatorship

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes policies for
				administering the statewide system of protective services for individuals with
				developmental disabilities in accordance with section
				5123.56 of the Revised
				Code.
(B)
								Definitions
(1)
									"Conservator" has the same meaning as in section
			 5123.55 of the Revised
			 Code.
(2)
									"Contract agency" means any public or private agency
			 under contract with the department for the provision of protective
			 services.
(3)
									"Department" means the Ohio department of developmental
			 disabilities.
(4)
									"Guardian" has the same meaning as in section
			 5123.55 of the Revised
			 Code.
(5)
									"Protective services" means performance of the duties
			 of a guardian, trustee, or conservator, or acting as a protector, with respect
			 to an individual with developmental disabilities.
(6)
									"Protector" has
			 the same meaning as in section
			 5123.55 of the Revised
			 Code.
(7)
									"Support brokerage" has the same meaning as in rule
			 5123-9-47
			 of the Administrative Code.
(8)
									"Trustee" has the
			 same meaning as in section
			 5123.55 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-17 - Major Unusual Incidents and Unusual Incidents; Abuser Registry › Section 5123-17-03 - Abuser registry

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to set
				forth procedures to be used to determine whether the name of a DD employee
				should be placed on the registry established under section
				5123.52 of the Revised Code and
				standards for determining whether such employee has been
				rehabilitated.
(B)
								Application
This rule shall apply to all DD
				employees and any person or governmental entity employing, hiring, or
				contracting with a DD employee.
(C)
								Definitions
(1)
									"DD employee"
			 means at the time of the incident any of the following:
(a)
										An employee of
			 the department;
(b)
										An employee of a county board of developmental
			 disabilities; or
(c)
										A person who is employed in a position that includes
			 providing specialized services to an individual.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-100 - Internal Management Rules › Section 5123-100-01 - Current developmental center designations

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth current
				designations of developmental centers under the managing responsibility of the
				Ohio department of developmental disabilities ("department"), including the
				source of establishment and effective date.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Executive order" means a rule written by:
(a)
										Kenneth D. Gaver,
			 director, Ohio department of mental health and mental retardation, July 1971
			 through August 1974;
(b)
										William H. Davis, acting director, Ohio department of
			 mental health and mental retardation, September 1974 through January 1975;
			 and
(c)
										Timothy B. Moritz, director, Ohio department of mental
			 health and mental retardation, February 1975 to November 1977.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-100 - Internal Management Rules › Section 5123-100-02 - Prohibition of weapons and other prohibited items at developmental centers and department offices

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule prohibits storing,
				possessing, carrying, or using a deadly weapon or dangerous ordnance, drug of
				abuse, or intoxicating liquor in any building or on the grounds of a
				developmental center or other state-owned or state-leased property under the
				managing responsibility of the Ohio department of developmental disabilities
				("department") by employees, visitors, or other individuals, or by employees in
				the performance of their duties whether on or off state-owned or state-leased
				property.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Deadly weapon or
			 dangerous ordnance" means any item as defined in section
			 2923.11 of the Revised Code, or
			 any part of or ammunition for use in such deadly weapon or dangerous ordnance
			 and includes, but is not limited to, firearms (including a pistol, revolver,
			 rifle, or shotgun) and any other weapon capable of discharging a projectile
			 capable of wounding, fatally or otherwise, the person of
			 another.
(2)
									"Drug of abuse" means any item defined in section
			 3719.011 of the Revised
			 Code.
(3)
									"Intoxicating liquor" means any beverage defined in
			 section 4301.01 of the Revised
			 Code.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-100 - Internal Management Rules › Section 5123-100-03 - Motor vehicle operation on the grounds of a developmental center

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes regulations
				governing the operation of motor vehicles on the grounds of a developmental
				center under the managing responsibility of the Ohio department of
				developmental disabilities ("department") for promoting the safety and security
				of the residents, employees, visitors, and premises of the developmental
				center.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Disciplinary
			 action" means any oral counseling, written reprimand, reduction, suspension, or
			 removal for cause as established in accordance with section
			 124.34 of the Revised Code and
			 may include revocation of an employee's permission to operate any motor vehicle
			 or a specific motor vehicle on the grounds of a developmental
			 center.
(2)
									"Motor vehicle" means any vehicle propelled or drawn by
			 power other than muscular power.
(3)
									"Operator" means
			 any person who drives or operates a motor vehicle on the grounds of a
			 developmental center.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-100 - Internal Management Rules › Section 5123-100-04 - Industrial and entertainment fund for residents of developmental centers

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes procedures
				governing an industrial and entertainment fund established by a developmental
				center under the managing responsibility of the Ohio department of
				developmental disabilities ("department") for the entertainment and welfare of
				residents in accordance with section
				5123.29
				of the Revised Code.
(B)
								Definitions
For the purposes of this rule, the
				following definitions apply:
(1)
									"Entertainment" means amusement or
			 enjoyment.
(2)
									"Gift" means an item purchased for a resident of a
			 developmental center to celebrate a special day or occasion including, but not
			 limited to, the resident's birthday, a holiday observed by the resident, or
			 other occasion that is important to the resident.
(3)
									"Industrial and
			 entertainment fund" means funds collected, maintained, and utilized by a
			 developmental center in accordance with section
			 5123.29
			 of the Revised Code and this rule.
Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-100 - Internal Management Rules › Section 5123-100-05 - Placement and discharge of individuals from developmental centers into nursing facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes procedures for
				placement and discharge of individuals from developmental centers under the
				managing responsibility of the Ohio department of developmental disabilities
				("department") into nursing facilities as provided by the Sermak v. Brown
				consent decree, section 1919(e)(7) of the Social Security Act, and medicaid
				regulations.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(1)
									"Active
			 treatment" means a continuous program which includes aggressive, consistent
			 implementation of specialized and generic training, treatment, health services,
			 and related services that is directed toward:
(a)
										The acquisition
			 of behaviors necessary for an individual to function with as much
			 self-determination and independence as possible; and
(b)
										The prevention or
			 deceleration of regression or loss of current optimal functional
			 status.
Ohio Administrative Code › Title 5123:1 - Fiscal Administration and State-Operated Services and Supports › Chapter 5123:1-2 - Home and Community-Based Services › Section 5123:1-2-03 - Home and community-based services (HCBS)/omnibus budget reconciliation act (OBRA) waiver - allocation and payment of one-time costs and cost of living subsidies. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 7-1-05