Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-01 - Background checks for paid direct-care positions: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: 
								This chapter implements sections
			 173.38 and
			 173.381 of the Revised
			 Code.
(B) Definitions for
			 
								this chapter:
(1) "Area agency on aging" has the same
			 meaning as in section
			 173.14 of the Revised
			 Code.
(2) "Applicant" means a
			 person that a responsible party is giving final consideration for hiring into a
			 paid direct-care position that is a full-time, part-time, or temporary position
			 that involves providing  services
			 to consumers  through an
			 ODA-administered program, even if an employment service refers the person to
			 the responsible party. "Applicant" includes a person that a consumer
			  has under final consideration
			 for hiring as a participant-directed or self-directed provider. "Applicant"
			 does not include a volunteer.
(3)
			 "BCII" means "the bureau of criminal identification and investigation" and
			 includes the superintendent of BCII.
(4) "Check criminal records" means to conduct
			 a criminal records check.
(5)
			 "Community-based long-term care services" means community-based long-term care
			 services that are provided under any ODA-administered program.
(6) "Consumer" means a person who receives
			 community-based long-term care services through a program that ODA administers
			 . "Consumer" includes individuals
			 in the PASSPORT and assisted living programs and participants in
			 PACE.
(7) "Criminal records"
			 has the same meaning as "results of the criminal records check," "results," and
			 "report" in sections 173.38 and
			 173.381 of the Revised Code when
			 those sections use "results of the criminal records check," "results," and
			 "report" to refer to the criminal records that BCII provides to responsible
			 parties that conduct criminal records checks. Criminal records originate from
			 BCII unless the context indicates that the criminal records originate from the
			 FBI.
(8) "Criminal records check"
			 ("check") means the criminal records check described in section
			 173.38 or
			 173.381 of the Revised Code and
			 Chapter 173-9 of the Administrative Code.
(9) "Database reviews" means the database
			 reviews 
									under rule 173-9-03  of the Administrative Code .
(10) "Direct-care position":
(a) "Direct-care position" means an
			 employment position in which an employee has either one or both of the
			 following:
(i) In-person contact with one or
			 more consumers .
(ii) Access to one or more consumers'
			  personal property or
			 records.
(b)
			 "Direct-care position" does not include a position 
										whose
			 sole duties are transporting people under Chapter
			 306. of the Revised Code (i.e., while working for a county transit
			 system, regional transit authority, or regional transit commission).
(11) "Disqualifying offense" means any
			 offense listed or described in divisions (A)(3)(a) to (A)(3)(e) of section
			 109.572 of the Revised
			 Code.
(12) "Employee" means a
			 person that a responsible party hired into a paid directcare position that is a
			 full-time, part-time, or temporary position that involves providing
			  services to consumers
			  through an ODA-administered
			 program, even if an employment service initially referred the person to the
			 responsible party. "Employee" includes a participant-directed provider and a
			 self-directed provider. "Employee" does not include a volunteer.
(13) "FBI" means "federal bureau of
			 investigation."
(14) "Fire" has the
			 same meaning as "terminate" in section
			 173.38 of the Revised Code when
			 the "terminate" regards firing an employee.
(15) "Hire" has the same meaning as "employ"
			 in section 173.38 of the Revised Code when
			 "employ" regards hiring an applicant.
(16)
			 "Minor drug possession offense" has the same meaning as in section
			 2925.01 of the Revised
			 Code.
(17) "ODA" means "the
			 Ohio department of aging."
(18)
									"PACE organization" has the same meaning as in rule
			 173-50-01 of the Administrative
			 Code.
(19) "PASSPORT
			 administrative agency" has the same meaning as in section
			 173.42 of the Revised
			 Code.
(20) "Provider" means a
			 person or government entity that provides community-based long-term care
			 services under an ODA-administered program.
(21) "Release" has the same meaning as
			 "terminate" in section
			 173.38 of the Revised Code when
			 "terminate" regards releasing a conditionally-hired applicant.
(22) "Request criminal records" means to
			 request a criminal records check, unless the context indicates that the request
			 is of criminal records from the FBI.
(23) "Responsible party":
(a) When hiring an applicant for, or
			 retaining an employee in, a paid directcare position, "responsible party" means
			 the area agency on aging, PASSPORT administrative agency, provider, or
			 sub-contractor.
(b) When hiring an
			 applicant for, or retaining an employee in, a paid directcare position in a
			 participant-direction or self-direction arrangement, "responsible party" means
			 the consumer .
(c) When considering a self-employed
			 applicant for ODA-certification under section
			 173.391 of the Revised Code or a
			 self-employed person already ODA-certified section
			 173.391 of the Revised Code,
			 "responsible party" means  ODA or the
			 PASSPORT administrative agency.
(d)
			 When considering a self-employed bidder for an AAA-provider agreement under
			 section 173.392 of the Revised Code or a
			 self-employed person already in an AAA-provider agreement under section
			 173.392 of the Revised Code,
			 "responsible party" means the area agency on aging.
(24) "Retain" has the same meaning as
			 "continue to employ" in section
			 173.38 of the Revised
			 Code.
(25) "Reviewing databases"
			 means the action involved in database reviews.
(26) "Self-employed" means the state of
			 working for one's self with no employees. Non-agency and independent providers
			 are self-employed. Participant-directed providers are not self-employed because
			 the consumer  is the employer
			 of record.
(27) "Sub-contractor"
			 means a provider that enters into a contract with a responsible party to
			 provide a component of one or more of the other responsible party's direct-care
			 positions. "Sub-contractor" includes a party that directly supplies
			  services to a consumer
			  on behalf of another
			 responsible party. "Sub-contractor" does not include a party that indirectly
			 supplies  services to a consumer
			  by directly providing the
			  services to a responsible
			 party.
(28) "Volunteer" means a
			 person who serves in a direct-care position without receiving, or expecting to
			 receive, any form of remuneration other than reimbursement for actual expenses.