Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-08 - Provider certification - agency providers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule establishes procedures and standards for
				certification of agency providers of supported living services, including home
				and community-based services provided in accordance with section
				5123.045 of the Revised
				Code.
(B)
								Definitions
For the purposes of this rule, the following definitions
				apply:
(1) "Abuser registry" has the
			 same meaning as in rule
			 5123-17-03 of the Administrative
			 Code.
(2) "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.
(3) "Agency provider" means an entity that
			 must be certified by the department to provide supported living services in
			 accordance with section
			 5123.161 of the Revised Code
			 and this rule.
(4) "Certificate of high school equivalence"
			 has the same meaning as in section
			 3301.80 of the Revised Code and
			 includes the equivalent of a certificate of high school equivalence described
			 in division (C) of that section.
(5) "County board" means a county board of
			 developmental disabilities.
(6)
			 "Department" means the Ohio department of developmental disabilities.
(7) "Direct support professional" means a
			 person who is employed in a "direct services position" as that term is defined
			 in section 5123.081 of the Revised
			 Code.
(8) "Director of operations"
			 means a person employed by an agency provider who is responsible for, and who
			 
									is
			 directly and actively involved in, the day-to-day operations of the agency
			 provider. For the purposes of conducting background investigations pursuant to
			 section 5123.081 of the Revised Code and
			 rule 5123-2-02 of the Administrative
			 Code, "director of operations" has the same meaning as "chief executive
			 officer."
(9) "Health-related
			 activities" has the same meaning as in rule 
									5123-6-01
			 of the Administrative Code.
(10)
			 "Home and community-based services" has the same meaning as in section
			 5123.01 of the Revised
			 Code.
(11) "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.
(12) "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.
(13) "Individual service plan" means the
			 written description of services, supports, and activities to be provided to an
			 individual.
(14) "Major unusual
			 incident" has the same meaning as in rule
			 5123-17-02 of the Administrative
			 Code.
(15) "Provider network
			 management module" means a component of the Ohio medicaid enterprise system
			 platform, maintained by the Ohio department of medicaid at its website
			 (medicaid.ohio.gov), used by providers of services to
			 
									initiate applications for certification, access the
			 provider services management system, and submit required information and
			 documents.
(16) "Provider
			 services management system" means the electronic portal, maintained by the
			 department at its website (dodd.ohio.gov), used by providers of services to
			 apply for certification and submit required information and
			 documents.
(17) "Related party" has
			 the same meaning as in section
			 5123.16 of the Revised
			 Code.
(18) "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 as set forth in section
			 5126.15 of the Revised Code and
			 who holds the appropriate certification in accordance with rule
			 
									5123-5-02 of the Administrative Code.
(19) "Specialized services" means any program
			 or service designed and operated to serve primarily individuals with
			 developmental disabilities, including a program or service provided by an
			 entity licensed or certified by the department. If there is a question as to
			 whether an entity is providing specialized services, an agency provider may
			 request that the director of the department make a determination. The
			 director's determination is 
									not subject to appeal. Programs or services
			 available to the general public are not specialized services.
(20) "Supported living" has the same meaning
			 as in section 5126.01 of the Revised
			 Code.
(21) "Unusual incident" has
			 the same meaning as in rule
			 5123-17-02 of the Administrative
			 Code.
(22) "Volunteer" means a
			 person who donates time, effort, and/or talent to meet a need or advance
			 
									the mission
			 of an agency provider and who is not paid or otherwise remunerated by the
			 agency provider. "Volunteer" does not include a family member, guardian,
			 friend, or other associate of an individual simply interacting with that
			 individual.