Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-05 - Home and community-based services waivers - retention payments for direct support professionals

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes requirements and
				processes for retention payments to benefit direct support professionals
				providing specific home and community-based services to individuals enrolled 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)
									"Adult day support" has the same meaning as in rule
			 5123-9-17 of the Administrative
			 Code.
(2)
									"Agency provider" has the same meaning as in 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)
									"Department" means the Ohio department of developmental
			 disabilities.
(5)
									"Direct support professional" means:
(a)
										An independent
			 provider;
(b)
										A person who is employed by an agency provider or a
			 residential facility in a "direct services position," as that term is defined
			 in section 5123.081 of the Revised Code,
			 regardless of the person's job title, and who is engaged in provision or
			 supervision of direct support for at least fifty per cent of the hours the
			 person worked for the employing agency provider or residential facility during
			 the quarter used by the department for determination of the amount of a
			 retention payment; or
(c)
										A person who is under contract with an agency provider
			 to provide shared living.
(6)
									"Good standing"
			 means a provider is not the subject of an action initiated by the department to
			 deny, suspend, or revoke the provider's certification or
			 license.
(7)
									"Group employment support" has the same meaning as in
			 rule 5123-9-16 of the Administrative
			 Code.
(8)
									"Home and community-based services" has the same
			 meaning as in section
			 5123.01 of the Revised
			 Code.
(9)
									"Homemaker/personal care" has the same meaning as in
			 rule 5123-9-30 of the Administrative
			 Code and includes on-site/on-call homemaker/personal care provided in
			 accordance with that rule.
(10)
									"Homemaker/personal care daily billing unit" has the same
			 meaning as in rule
			 5123-9-31 of the Administrative
			 Code.
(11)
									"Independent provider" has the same meaning as in rule
			 5123-2-09 of the Administrative
			 Code.
(12)
									"Individual employment support" has the same meaning as
			 in rule 5123-9-15 of the Administrative
			 Code.
(13)
									"Intermediate care facility for individuals with
			 intellectual disabilities" has the same meaning as in section
			 5124.01 of the Revised
			 Code.
(14)
									"Non-medical transportation" has the same meaning as in
			 rule 5123-9-18 of the Administrative
			 Code.
(15)
									"Participant-directed homemaker/personal care" has the
			 same meaning as in rule
			 5123-9-32 of the Administrative
			 Code.
(16)
									"Provider" means an independent provider, an agency
			 provider, or a residential facility that provides one or more of the home and
			 community-based services listed in paragraphs (B)(19)(a) to (B)(19)(k) of this
			 rule.
(17)
									"Quarter" means one of four three-month spans of each
			 calendar year, that is:
(a)
										January first through March
			 thirty-first;
(b)
										April first through June thirtieth;
(c)
										July first
			 through September thirtieth; or
(d)
										October first
			 through December thirty-first.
(18)
									"Residential
			 facility" means a residential facility licensed by the department pursuant to
			 section 5123.19 of the Revised Code,
			 other than an intermediate care facility for individuals with intellectual
			 disabilities.
(19)
									"Retention payment" means a payment intended to
			 directly benefit direct support professionals which the department may issue on
			 a quarterly basis to an eligible provider in an amount determined by the
			 department based on a percentage of the provider's reimbursed claims during the
			 preceding quarter for provision of:
(a)
										Adult day support;
(b)
										Career
			 planning;
(c)
										Group employment support;
(d)
										Homemaker/personal care;
(e)
										Homemaker/personal care daily billing unit;
(f)
										Individual
			 employment support;
(g)
										Non-medical transportation;
(h)
										Participant-directed homemaker/personal
			 care;
(i)
										Shared living;
(j)
										Transportation;
			 and
(k)
										Vocational habilitation.
(20)
									"Shared living"
			 has the same meaning as in rule
			 5123-9-33 of the Administrative
			 Code.
(21)
									"Transportation" has the same meaning as in rule
			 5123-9-24 of the Administrative
			 Code.
(22)
									"Vocational habilitation" has the same meaning as in
			 rule 5123-9-14 of the Administrative
			 Code.