Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-45 - Administered Waiver Service Providers › Section 5160-45-11 - ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons

Current through all regulations passed and filed through July 1, 2024
(A) Except as set forth in paragraph (H) of
			 this rule, a waiver agency may employ an applicant or continue to employ an
			 employee who has been convicted of or pleaded guilty to an offense listed in
			 paragraph (B)(6) of rule
			 5160-45-07
			 of the Administrative Code in a position involving providing home and
			 community-based services (HCBS) to an individual enrolled on an Ohio department
			 of medicaid (ODM) -administered waiver pursuant to the timeframes set forth in
			 this rule.
(B) Except as set forth
			 in paragraph (H) of this rule, an applicant or independent provider who has
			 been convicted of or pleaded guilty to an offense listed in paragraph (B)(5) of
			 rule
			 5160-45-08
			 of the Administrative Code may be selected by an individual enrolled on an
			 ODM-administered waiver program to provide them with HCBS pursuant to the
			 timeframes set forth in this rule.
(C) Tier I. Permanent exclusion.
(1) No waiver agency shall employ an
			 applicant or continue to employ an employee in a position that involves
			 providing HCBS to an individual, nor shall an independent provider provide HCBS
			 to an individual, if the applicant, employee or independent provider has been
			 convicted of or pleaded guilty to, an offense in any of the following sections
			 of the Revised Code:
(a)
										2903.01
			 (aggravated murder);
(b) 2903.02
			 (murder);
(c)
										2903.03
			 (voluntary manslaughter);
(d)
										2903.11
			 (felonious assault);
(e)
										2903.15
			 (permitting child abuse);
(f)
										2903.16
			 (failing to provide for a functionally-impaired person);
(g)
										2903.34
			 (patient abuse or neglect);
(h)
										2903.341
			 (patient endangerment);
(i) 2905.01
			 (kidnapping);
(j) 2905.02
			 (abduction);
(k)
										2905.32
			 (human trafficking);
(l)
										2905.33
			 (unlawful conduct with respect to documents);
(m)
										2907.02(rape);
(n)
										2907.03 (sexual
			 battery);
(o)
										2907.04
			 (unlawful sexual conduct with a minor, formerly corruption of a
			 minor);
(p)
										2907.05
			 (gross sexual imposition);
(q)
										2907.06 (sexual
			 imposition);
(r) 2907.07
			 (importuning);
(s) 2907.08
			 (voyeurism);
(t)
										2907.12 (felonious
			 sexual penetration, as that offense existed prior to September 3,
			 1996);
(u)
										2907.31
			 (disseminating matter harmful to juveniles);
(v)
										2907.32
			 (pandering obscenity);
(w)
										2907.321
			 (pandering obscenity involving a minor);
(x)
										2907.322
			 (pandering sexually-oriented matter involving a minor);
(y)
										2907.323
			 (illegal use of a minor in nudity-oriented material or performance);
(z)
										2909.22
			 (soliciting or providing support for act of terrorism);
(aa)
										2909.23
			 (making terroristic threats);
(bb)
			 2909.24 (terrorism);
(cc)
										2913.40 (medicaid
			 fraud);
(dd) If related to another
			 offense under paragraph (C)(1) of this rule,
			 2923.01(conspiracy),
			 2923.02 (attempt), or
			 2923.03(complicity);
			 or