Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-35 - Home and community-based services waivers - remote 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 remote support 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"
			 
									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.
(2) "Backup support person"
			 means the person who is responsible for responding in the event of an emergency
			 or when an individual receiving remote support otherwise needs assistance or
			 the equipment used for delivery of remote support stops working for any reason.
			 Backup support may be provided on an unpaid basis by a family member, friend,
			 or other person selected by the individual or on a paid basis by an agency
			 provider of homemaker/personal care for an individual enrolled in the
			 individual options waiver or level one waiver or in an agency-with-choice
			 arrangement for participant-directed homemaker/personal care provided to an
			 individual enrolled in the self-empowered life funding waiver, as applicable.
			 When backup support is provided on a paid basis by an agency provider or in an
			 agency-with-choice arrangement, the agency provider 
									will be the
			 primary contact for the remote support vendor.
(3) "County board" means a county board of
			 developmental disabilities.
(4)
			 "Department" means the Ohio department of developmental disabilities.
(5) "Group size" means the number of
			 individuals who are sharing services, regardless of the funding source for
			 those services.
(6)
			 "Homemaker/personal care" has the same meaning as in rule
			 5123-9-30 of the Administrative
			 Code.
(7) "Hourly billing unit"
			 means a billing unit and corresponding payment rate that
			 
									will be
			 used when forty-five to sixty minutes of remote support are provided by the
			 same provider to the same individual during one calendar day.
(8) "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.
(9) "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.
(10) "Individual service plan" means the
			 written description of services, supports, and activities to be provided to an
			 individual.
(11) "Monitoring base"
			 means the off-site location from which the remote support staff monitor an
			 individual.
(12)
			 "Participant-directed homemaker/personal care" has the same meaning as in rule
			 5123-9-32 of the Administrative
			 Code.
(13) "Remote support" means
			 the provision of supports by staff of an agency provider at a remote location
			 who are engaged with an individual through equipment with the capability for
			 live two-way communication. Equipment used to meet this requirement
			 
									will
			 include one or more of the following components:
(a) Motion sensing system;
(b) Radio frequency identification;
(c) Live video feed;
(d) Live audio feed;
(e) Web-based monitoring system; or
(f) Another device that facilitates live
			 two-way communication.
(14) "Remote support provider" means the
			 agency provider identified in the individual service plan as the provider of
			 remote support. The remote support provider may be either:
(a) A remote support vendor with unpaid
			 backup support; or
(b) A provider
			 of homemaker/personal care or participant-directed homemaker/personal care who
			 also acts as a remote support vendor or maintains a contract with a remote
			 support vendor to provide paid backup support.
(15) "Remote support vendor" means the agency
			 provider that supplies the monitoring base, the remote support staff who
			 monitor an individual from the monitoring base, and the equipment used in the
			 delivery of remote support.
(16)
			 "Sensor" means equipment used to notify the remote support staff or other
			 persons designated in the individual service plan of a situation that requires
			 attention or activity which may indicate deviations from routine activity
			 and/or future needs. Examples include, but are not limited to, seizure mats,
			 door sensors, floor sensors, motion detectors, heat detectors, and smoke
			 detectors.
(17) "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.
(18) "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.
(19) "Shared living" has the same meaning as
			 in rule 5123-9-33 of the Administrative
			 Code.
(20) "Team"
			 
									means the group of persons chosen by an
			 individual with the core responsibility to support the individual in directing
			 development of the individual service plan. The team includes the individual's
			 guardian or adult whom the individual has identified, as applicable, the
			 service and support administrator, direct support professionals, providers,
			 licensed or certified professionals, and any other persons chosen by the
			 individual to help the individual consider possibilities and make
			 decisions.
(21) "Waiver
			 eligibility span" means the twelve-month period following either an
			 individual's initial waiver enrollment date or a subsequent eligibility
			 re-determination date.