Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-04 - Compliance reviews of certified providers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose and scope
This rule governs compliance reviews conducted by the
				department and county boards of developmental disabilities to ensure compliance
				by certified providers with applicable requirements. This rule applies to all
				certified providers, including certified providers licensed in accordance with
				section 5123.19 of the Revised
				Code.
(B) Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Accredited college or
			 university" means a college or university accredited by a national or regional
			 association recognized by the secretary of the United States department of
			 education or a foreign college or university of comparable standing.
(2) "Applicable requirements" means:
(a) Federal and state laws and regulations
			 which govern the conduct of the certified provider, including but not limited
			 to, Chapters 4723., 5123., 5126., and 5160. of the Revised Code and all
			 administrative rules promulgated under the authority of those
			 statutes.
(b) Requirements set
			 forth in a home and community-based services waiver administered by the
			 department pursuant to an interagency agreement between the department and the
			 Ohio department of medicaid.
(3) "Certification revocation" means the
			 revocation of a certified provider's certification to serve one or more
			 individuals in one or more counties.
(4) "Certification suspension" means either:
(a) Suspension of a certified provider's
			 certification to serve one or more individuals in one or more counties for a
			 specified time period; or
(b)
			 Suspension of a certified provider's certification to serve additional
			 individuals in one or more counties.
(5) "Certified provider" means an agency
			 provider or independent provider certified by the department pursuant to
			 section 5123.161 of the Revised Code to
			 provide supported living, including home and community-based
			 services.
(6) "Compliance review"
			 means a review of a certified provider conducted by the department or a county
			 board for the purpose of determining provider compliance with applicable
			 requirements in order to ensure the health, safety, and welfare of individuals
			 served.
(7) "County board" means a
			 county board of developmental disabilities.
(8) "Department" means the Ohio department of
			 developmental disabilities.
(9)
									"Director of operations" means the person employed by
			 an agency provider who is responsible for and directly and actively involved in
			 the day-to-day operation of the agency provider.
(10)
			 "Home and community-based services" has the same meaning as in section
			 5123.01 of the Revised
			 Code.
(11) "Individual"
			 means a person with a developmental disability.
(12) "Investigative
			 agent" means a person, regardless of title, employed by or under contract with
			 a county board to conduct administrative investigations of major unusual
			 incidents.
(13) "Major unusual
			 incident" has the same meaning as in rule
			 5123-17-02 of the Administrative
			 Code.
(14) "Protocol
			 for compliance reviews" means the forms,
			 instructions for the completion of written documentation, and process developed
			 by the department and used by the department and county boards to conduct
			 compliance monitoring in accordance with this rule. The protocol
			 for compliance reviews  does not create provider
			 standards or qualifications.
(15) "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.