Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-14 - Home and community-based services waivers - vocational habilitation 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 vocational habilitation and sets forth
				provider qualifications, requirements for service delivery and documentation of
				services, and payment standards for the service. The expected outcome of
				vocational habilitation is the advancement of an individual on his or her path
				to 
									competitive integrated employment in accordance with
				rule 
									5123-2-05 of the Administrative Code and the
				individual's achievement of competitive integrated employment in a job
				well-matched to the individual's interests, strengths, priorities, and
				abilities.
(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) "Competitive
			 integrated employment" means work (including self-employment) that is performed
			 on a full-time or part-time basis:
(a) For
			 which an individual is:
(i) Compensated:
(a) At a rate that shall be not less than the
			 higher of the rate specified in the Fair Labor Standards Act of 1938,
			 29 U.S.C.
			 206(a)(1), as in effect on
			 the effective date of this rule, or the rate specified in the applicable state
			 or local minimum wage law and is not less than the customary rate paid by the
			 employer for the same or similar work performed by other employees who do not
			 have disabilities, and who are in similar occupations by the same employer and
			 who have similar training, experience, and skills; or
(b) In the case of an individual who is
			 self-employed, yields an income that is comparable to the income received by
			 persons without disabilities, who are self-employed in similar occupations or
			 on similar tasks and who have similar training, experience, and skills;
			 and
(ii) Eligible for the
			 level of benefits provided to other full-time and part-time
			 employees;
(b) At a
			 location where the individual interacts with persons without disabilities to
			 the same extent as employees who are not receiving home and community-based
			 services;
(c) That is not performed
			 in:
(i) Dispersed enclaves in which
			 individuals work in a self-contained unit within a company or service site in
			 the community or perform multiple jobs in the company, but are not integrated
			 with non-disabled employees of the company; or
(ii) Mobile work crews comprised solely of
			 individuals operating as a distinct unit and/or self-contained business working
			 in several locations within the community; and
(d) That, as appropriate, presents
			 opportunities for advancement that are similar to those for persons without
			 disabilities who have similar positions.
(5) "County board"
			 means a county board of developmental disabilities.
(6) "Daily billing
			 unit" means a billing unit that may be used when between five and seven hours
			 of vocational habilitation are delivered by the same provider to the same
			 individual during one calendar day in accordance with the conditions specified
			 in paragraph (F)(2) of this rule.
(7) "Department" means
			 the Ohio department of developmental disabilities.
(8) "Fifteen-minute
			 billing unit" means a billing unit that equals fifteen minutes of service
			 delivery time or is greater or equal to eight minutes and less than or equal to
			 twenty-two minutes of service delivery time. Minutes of
			 service delivery time accrued throughout a day will be added together for the
			 purpose of calculating the number of fifteen-minute billing units for the
			 day.
(9) "Group employment
			 support" has the same meaning as in rule
			 5123-9-16 of the Administrative
			 Code.
(10) "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.
(11) "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.
(12)
			 "Individual employment support" has the same meaning as in rule
			 5123-9-15 of the Administrative
			 Code.
(13) "Individual
			 service plan" means the written description of services, supports, and
			 activities to be provided to an individual.
(14) "Integrated
			 community setting" means a setting that is integrated in and supports full
			 access of individuals to the greater community to the same degree of access as
			 persons not receiving home and community-based services.
(15)
			 "Mentor" means a person employed by or under contract with the agency provider
			 who has experience providing direct services to persons with developmental
			 disabilities and who is available on a regular basis to provide guidance to new
			 direct support professionals regarding techniques and practices that enhance
			 the effectiveness of the provision of vocational habilitation.
(16)
			 "Natural supports" means the personal associations and relationships typically
			 developed in the community that enhance the quality of life for individuals.
			 Natural supports may include family members, friends, neighbors, and others in
			 the community or organizations that serve the general public who provide
			 voluntary support to help an individual achieve agreed upon outcomes through
			 the individual service plan development process.
(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) "Virtual support"
			 means the provision of services by direct support professionals at a distant
			 site who engage with an individual using interactive technology that has the
			 capability for two-way, real time audio and video communication.
(20)
			 "Vocational habilitation" means services that provide learning and work
			 experiences, including volunteer work, where the individual develops general
			 skills that lead to competitive integrated employment such as ability to
			 communicate effectively with supervisors, coworkers, and customers;
			 generally-accepted community workplace conduct and dress; ability to follow
			 directions; ability to attend to tasks; workplace problem-solving skills and
			 strategies; and workplace safety and mobility training. Services are expected
			 to occur over a defined period of time with specific outcomes to be achieved
			 determined by the individual and 
									individual's team. Activities that constitute
			 vocational habilitation include, but are not limited to:
(a) Ongoing support, that may be provided
			 in-person or through virtual support, which includes direct supervision,
			 monitoring and/or counseling, and the provision of some or all of the following
			 supports to promote the development of general work skills:
(i) Developing a systematic plan of
			 instruction and support, including task analyses to prepare the individual for
			 competitive integrated employment;
(ii) Assisting the individual to perform
			 activities that result in increasing  social integration with other persons employed at the
			 worksite;
(iii) Supporting and
			 training the individual in the use of individualized or community-based
			 transportation services;
(iv)
			 Providing services and training that assist the individual with problem-solving
			 and meeting job-related expectations;
(v) Assisting the individual to use natural
			 supports and community resources;
(vi) Providing training to the individual to
			 maintain current skills, enhance personal hygiene, learn new work skills,
			 attain self-determination goals, and improve social skills;
(vii) Developing and implementing a plan to
			 assist the individual to transition from 
											the vocational habilitation setting
			 to competitive integrated employment emphasizing the use of natural supports;
			 and
(viii) Providing information
			 about or referral to career planning services, disability benefits services, or
			 other appropriate consultative services.
(b) Ongoing support, that may only be
			 provided in-person, assisting the individual with self-medication or
			 health-related activities or performing medication administration or
			 health-related activities in accordance with 
										Chapter 5123-6 of the Administrative
			 Code.
(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.