Ohio Administrative Code › Title 5123:2 - Community Services › Chapter 5123:2-9 - Home and Community-Based Services Waivers › Section 5123:2-9-47 - Home and community-based services waivers - support brokerage under the self-empowered life funding waiver

Current through all regulations passed and filed through July 1, 2024
(A)
								 Purpose
The purpose of this rule is to define
				support brokerage and set forth provider qualifications, requirements for
				service delivery and documentation of services, and payment standards for the
				service.
(B)
								 Definitions
(1)
									 "Agency
			 provider" means an entity that employs persons for the purpose of providing
			 services.
(2)
									 "County board" means a county board of developmental
			 disabilities.
(3)
									 "Department" means the Ohio department of
			 developmental disabilities.
(4)
									 "Family member"
			 means a person who is related to the individual by blood, marriage, or
			 adoption.
(5)
									 "Independent provider" means a person who provides
			 services and does not employ, either directly or through contract, anyone else
			 to provide the services.
(6)
									 "Individual" means a person with a developmental
			 disability or for the purposes of giving, refusing to give, or withdrawing
			 consent for services, his or her guardian in accordance with section
			 5126.043 of the Revised Code or
			 other person authorized to give consent. An individual who is his or her own
			 guardian may designate another person to assist the individual with development
			 of the individual service plan and budget, selection of residence and
			 providers, and negotiation of payment rates for services; the individual's
			 designee shall not be employed by a county board or a provider, or a contractor
			 or either.
(7)
									 "Individual service plan" means the written
			 description of services, supports, and activities to be provided to an
			 individual.
(8)
									 "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
			 5123:2-5-02
			 of the Administrative Code.
(9)
									 "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 shall include the items delineated in paragraph (E) of
			 this rule to validate payment for medicaid services.
(10)
									 "Support
			 broker" means a person who is responsible, on a continuing basis, for providing
			 an individual with representation, advocacy, advice, and assistance related to
			 the day-to-day coordination of services (particularly those associated with
			 participant direction) in accordance with the individual service plan. The
			 support broker assists the individual with the individual's responsibilities
			 regarding participant direction, including understanding employer authority and
			 budget authority, locating and selecting providers, negotiating payment rates,
			 and keeping the focus of the services and support delivery on the individual
			 and his or her desired outcomes. The support broker, working in conjunction
			 with the service and support administrator, assists the individual with
			 creating the individual service plan, developing the waiver budget, and doing
			 day-to-day monitoring of the provision of services as specified in the
			 individual service plan.
(11)
									 "Support
			 brokerage" means the services of a support broker.
(12)
									 "Waiver
			 eligibility span" means the twelve-month period following either an
			 individual's initial enrollment date or a subsequent eligibility
			 redetermination date.