Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-9 - Home and Community-Based Services Waivers › Section 5123-9-24 - Home and community-based services waivers - transportation under the individual options, level one, and self-empowered life funding waivers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule defines transportation and sets forth provider
				qualifications, requirements for service delivery and documentation of
				services, and payment standards for the service.
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Agency provider"
			 
									means an entity that directly employs at least one
			 person in addition to a director of operations for the purpose of providing
			 services for which the entity is certified in accordance with rule
			 5123-2-08 of the Administrative
			 Code.
(2) "Commercial vehicles"
			 means buses, light rail transit, livery vehicles, and taxicabs that are
			 available for use by the general public.
(3) "Department" means the Ohio department of
			 developmental disabilities.
(4)
			 "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.
(5) "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.
(6) "Individual service plan" means the
			 written description of services, supports, and activities to be provided to an
			 individual.
(7) "Modified vehicle"
			 means:
(a) A motor vehicle to be used upon
			 public streets and highways that has been structurally modified in a permanent
			 manner to meet the physical or behavioral needs of the individual being
			 transported; or
(b) A motor vehicle
			 that has been designed, constructed, or fabricated and equipped to be used upon
			 public streets and highways for transportation of individuals who require use
			 of a wheelchair and that :
(i)
											Has permanent
			 fasteners to secure a wheelchair to the floor or side of the vehicle to prevent
			 wheelchair movement;
(ii)
											Has
			 safety harnesses or belts in the vehicle for the purpose of securing
			 individuals in wheelchairs;
(iii)
											Is equipped
			 with a stable access ramp specifically designed for wheelchairs or a hydraulic
			 lift specifically designed for wheelchairs; and
(iv)
											Is inspected, on
			 each day the vehicle is used to provide transportation, by the first driver of
			 the vehicle and prior to transporting an individual in a wheelchair, to ensure
			 the permanent fasteners, safety harnesses or belts, and access ramp or
			 hydraulic lift are working. The inspection 
											will be
			 documented by the driver that conducts the inspection.
(8) "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
			 
									includes the items delineated in paragraph (E) of this
			 rule to validate payment for medicaid services.
(9) "Transportation" means a service that
			 enables individuals enrolled in individual options, level one, and
			 self-empowered life funding waivers to access waiver and other community
			 services, activities, and resources. This service is offered in addition to,
			 and 
									will not replace, medical transportation required
			 under 42 C.F.R.
			 431.53 as in effect on the effective date of
			 this rule, transportation services under the medicaid state plan as defined in
			 42 C.F.R.
			 440.170(a) as in effect on
			 the effective date of this rule, if applicable, and non-medical transportation
			 as defined in rule
			 5123-9-18 of the Administrative
			 Code.
(10) "Waiver
			 eligibility span" means the twelve-month period following either an
			 individual's initial waiver enrollment date or a subsequent eligibility
			 re-determination date.