Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-01 - Older Americans Act: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: This chapter regulates
			 AAA-provider agreements for services paid, in whole or in part, with Older
			 Americans Act funds.
(B)
			 Definitions for this chapter and Chapter 173-4 of the Administrative Code:
"AAA-provider agreement" (agreement) means a contract or grant
				between an AAA and a provider for the provision of services to
				consumers.
"Activities of daily living" (ADLs) means bathing; dressing;
				eating; grooming; toileting; transferring in and out of a bed or chair; and
				walking.
"Agency provider " means a provider
				hiring persons to provide services to consumers.
"Area agency on aging" (AAA) means an entity ODA designates to
				be an AAA under rule
				173-2-04 of the Administrative
				Code.
"Assessment" means a gathering of information about a person's
				strengths, problems, financial resources, and care needs in the following major
				functional areas: physical health, use of medical care, ADLs, IADLs, mental and
				social functioning, physical environment, and use of services and
				supports.
"Assistance with self-administration of medication" has the
				same meaning as in paragraph (C) of rule
				4723-13-02 of the Administrative
				Code when an unlicensed person provides the assistance.
"Business day" means any day that is
				not a Saturday, Sunday, or legal holiday in section
				1.14 of the Revised
				Code.
"Care-coordination program" means a program coordinating and
				monitoring the provision of services.
"Caregiver" and "family caregiver" have the same meaning as
				"family caregiver" in 42
				U.S.C. 3022.
"Case management service" has the same meaning as in
				42 U.S.C.
				3002.
"Competency evaluation" includes both standardized testing
				(which may include written testing) and skills testing by return demonstration
				to ensure an applicant or employee is able to address the care needs of the
				consumer to be served.
"Consumer" means, for the purposes of services paid for, in
				whole or in part, with Older Americans Act funds, any person sixty years of age
				or older, unless a different age is required by a state or federal law.
"Contract" has the same meaning as "AAA-provider agreement,"
				unless the context clearly indicates otherwise.
"Coordination" means the development
				and implementation of an integrated service delivery system to ensure
				appropriate care, service levels, and continuity for consumers. This includes
				integration with other federal, state, and local programs and services to
				promote synchronization of planning, policy development, priority setting, and
				evaluation of activities related to the objectives of the Older Americans Act
				without, to the extent possible, duplicating services and or compromising the
				consumer's goals and objectives.
"Day" means a twenty-four-hour period beginning and ending at
				midnight.
"Electronic record" has the same meaning as in section
				1306.01 of the Revised Code. For
				a health care record, "electronic record" has the same meaning as in section
				3701.75 of the Revised
				Code.
"Electronic signature" has the same meaning as in section
				1306.01 of the Revised Code. If
				attached to, or associated with, a health care record, "electronic signature"
				has the same meaning as in section
				3701.75 of the Revised
				Code.
"Health care record" has the same meaning as in section
				3701.75 of the Revised Code.
				Examples of a health care record are a plan of treatment or diet order received
				from a licensed healthcare professional.
"Incident" means an event that is inconsistent with the routine
				care or routine provision of services to a consumer. An incident may involve a
				consumer, caregiver (to the extent it impacts a consumer), provider, provider's
				staff or facility, another facility, an AAA's staff, ODA's staff, or other
				administrative authorities. Examples of an incident are abuse, neglect,
				abandonment, an accident, or an unusual situation resulting in an injury to a
				person or damage to the person's property or equipment.
"Instrumental activities of daily living" (IADLs) means
				preparing meals, shopping for personal items, medication management, managing
				money, using the telephone, doing heavy housework, doing light housework, and
				the ability to get and use available transportation without assistance.
"Licensed healthcare professional" includes a physician with an
				"expedited license," as defined in section
				4731.11 of the Revised Code; or
				a licensed audiologist, occupational therapist, occupational therapy assistant,
				physical therapist, physical therapy assistant, or speech-language pathologist
				from another state with "compact privilege," as defined in section
				4753.17,
				4755.14, or
				4755.57 of the Revised
				Code.
"Licensed healthcare
				professional" also includes an RN or LPN with a "multistate license" from
				another state with "multistate licensure privilege," as those terms are defined
				in section 4723.11 of the Revised
				Code.
"Licensed practical nurse" (LPN) has the same meaning as in
				divisions (E) and (F) of section
				4723.01 of the Revised Code.
				
									"Licensed practical nurse" also includes a
				licensed practical nurse with a "multistate license" from another state with
				"multistate licensure privilege," as those terms are defined in section
				4723.11 of the Revised
				Code.
"ODA" means the Ohio department of aging.
"Older Americans Act" means 42 U.S.C. Chapter 35.
"Older Americans Act funds" means the federal funds awarded to
				ODA through Title III of the Older Americans Act (42 U.S.C. Chapter 35,
				Subchapter III) and any state or local funds used to match those federal funds,
				regardless of whether the local funds are public or private funds. For the
				purposes of this chapter and Chapter 173-4 of the Administrative Code, "Older
				Americans Act funds" does not mean funds for an ombudsman program.
"Older relative caregiver" has the same
				meaning as in 42 U.S.C.
				3030s.
"Participant-directed provider " means
				a provider (e.g., relative, friend, neighbor, or other person) a consumer hired
				and directs to provide services to the consumer.
"PCA" means "personal care aide."
"Planning and service area" (PSA) means a geographic region of
				Ohio that ODA designated as a planning and service area under rule
				173-2-02 of the Administrative
				Code.
"Provider" means a person or entity entering into an
				AAA-provider agreement with an AAA to provide services to consumers. The three
				categories of providers are agency providers, self-employed providers, and
				participant-directed providers.
"Registered nurse" (RN) has the same meaning as in section
				4723.01 of the Revised Code.
				
									"Registered nurse" also includes a registered
				nurse with a "multistate license" from another state with "multistate licensure
				privilege," as those terms are defined in section
				4723.11 of the Revised
				Code.
"RFP" means "request for proposal."
"Self-employed provider " means a
				provider who provides services to consumers and who does not hire, or contract
				with, other persons to provide those services.
"Unique identifier" means an item belonging to a specific
				consumer, caregiver, provider , aide
				, PCA , driver
				, or instructor  that identifies
				only that consumer, caregiver, provider, aide, PCA, driver, or instructor.
				Examples of a unique identifier are a handwritten or electronic signature or
				initials, fingerprint, mark, stamp, password, barcode, or swipe card. A
				consumer, caregiver, provider, aide, PCA, driver or instructor offers their
				unique identifier as an attestation that a provider, or the provider's staff,
				completed an activity or unit of service or as an
				authorization for a plan or agreement.