Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-03 - Home and community-based services waivers - overtime and limit on number of hours in a work week an independent provider may provide services

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule sets forth procedures related
				to overtime worked by independent providers, places a limit on the number of
				hours in a work week an independent provider may provide services under a home
				and community-based services medicaid waiver component administered by the Ohio
				department of developmental disabilities, and establishes a process and the
				circumstances under which the limit may be exceeded.
(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 the 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)
									"County board" means a county board of developmental
			 disabilities.
(3)
									"Department" means the Ohio department of developmental
			 disabilities.
(4)
									"Emergency" means an unanticipated and sudden absence
			 of an individual's provider or natural supports due to illness, incapacity, or
			 other cause.
(5)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
(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 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.
(8)
									"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.
(9)
									"Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual.
(10)
									"Overtime" means
			 hours worked in excess of forty in a work week.
(11)
									"Provider" means
			 an agency provider or an independent provider.
(12)
									"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.
(13)
									"Waiver eligibility span" means the twelve-month period
			 beginning with the individual's initial waiver enrollment date or a subsequent
			 eligibility redetermination date.
(14)
									"Work week"
			 means the seven consecutive days beginning on Sunday at twelve a.m. and ending
			 on Saturday at eleven fifty-nine p.m. of each week.