Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-9 - Database Reviews and Criminal Records Checks › Section 173-9-07 - Background checks for paid direct-care positions: occasions when a disqualifying offense does not disqualify

Current through all regulations passed and filed through July 1, 2024
Introduction: When the responsible
				party is an agency provider, PACE organization, ODA, AAA, or PAA, in the case
				of its applicants, employees, and subcontracted self-employed providers, there
				are four possible ways to hire an applicant or subcontract with a selfemployed
				provider, or retain an employee or subcontracted self-employed provider, if the
				applicant's, employee's, or subcontracted self-employed provider's criminal
				record contains a disqualifying offense: not being in a period of
				disqualification under paragraph (A) of this rule, being grandfathered under
				paragraph (B) of this rule, having a certificate under paragraph (C) of this
				rule, or being pardoned under paragraph (D) of this rule. If
				42 C.F.R.
				460.68(a) permanently
				disqualifies an applicant, employee, or self-employed provider from employment
				in, or subcontracting by, a PACE organization or a subcontractor of a PACE
				organization, this rule does not establish an occasion when the disqualifying
				offense under 42 C.F.R.
				460.68(a) does not
				disqualify under the PACE program.
When the responsible party is a
				consumer in the case of an applicant to be, or an employee who is, the
				consumer's participant-directed provider, there are four possible ways to hire
				an applicant, or retain an employee, as the consumer's participant-directed
				provider: not being in a period of disqualification under paragraph (A) of this
				rule, being grandfathered under paragraph (B) of this rule, having a
				certificate under paragraph (C) of this rule, or being pardoned under paragraph
				(D) of this rule.
When the responsible party is ODA in
				the case of a self-employed provider's application to become an ODA-certified
				non-agency provider under Chapter 173-39 of the Administrative Code and in the
				case of an ODA-certified non-agency provider, the responsible party shall not
				reject a self-employed provider's application for ODA certification or revoke a
				self-employed provider's certification solely because the self-employed
				provider has a disqualifying offense on his or her criminal record in the
				following four situations: the selfemployed provider is not in a period of
				disqualification under paragraph (A) of this rule, being grandfathered under
				paragraph (B) of this rule, having a certificate under paragraph (C) of this
				rule, or being pardoned under paragraph (D) of this rule.
When the responsible party is an AAA in
				the case of a self-employed provider who bids for an AAA-provider agreement or
				is in an existing AAA-provider agreement, the responsible party shall not
				reject a bid from a self-employed provider for an AAA-provider agreement
				(agreement) or to terminate an existing agreement solely because the
				selfemployed provider has a disqualifying offense on the self-employed
				provider's criminal record in the following four situations: the self-employed
				provider is not in a period of disqualification under paragraph (A) of this
				rule, being grandfathered under paragraph (B) of this rule, having a
				certificate under paragraph (C) of this rule, or being pardoned under paragraph
				(D) of this rule.
(A)
								Periods of disqualification:
(1)
									Tier I: permanent
			 disqualification: An applicant, employee, or self-employed provider is in a
			 permanent period of disqualification if the applicant, employee, or
			 self-employed provider was convicted of, pleaded guilty to, or has been found
			 eligible for intervention in lieu of conviction to, an offense in any of the
			 following sections of the Revised Code or an offense of any existing or former
			 municipal ordinance or law of this state, any other state, or the United States
			 that is substantially equivalent 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
			 (knowingly or recklessly failing to provide for a functionally-impaired
			 person).
(g)
										2903.34 (patient abuse, gross patient abuse, patient
			 neglect).
(h)
										2903.341 (patient endangerment).
(i)
										2905.01
			 (kidnapping).
(j)
										2905.02 (abduction).
(k)
										2905.32
			 (trafficking in persons)
(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).
(u)
										2907.31
			 (disseminating matter harmful to juveniles).
(v)
										2907.32
			 (pandering obscenity).
(w)
										2907.321 (pandering obscenity involving a minor or
			 impaired person).
(x)
										2907.322 (pandering sexually-oriented matter involving
			 a minor or impaired person).
(y)
										2907.323 (illegal
			 use of a minor or impaired person in a nudity-oriented material or
			 performance).
(z)
										2909.22 (soliciting or providing support for an act of
			 terrorism).
(aa)
										2909.23 (making a terroristic threat).
(bb)
										2909.24
			 (terrorism).
(cc)
										2913.40 (medicaid fraud).
(dd)
										If related to
			 another offense under paragraph (A)(1) of this rule, 2923.01 (conspiracy),
			 2923.02 (attempt), or 2923.03 (complicity).
(ee)
										Any other
			 section of the Revised Code related to fraud, theft, embezzlement, breach of
			 fiduciary responsibility, or other financial misconduct involving a federal or
			 state-funded program other than section
			 2913.46 of the Revised Code
			 (illegal use of SNAP or WIC program benefits).