This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 173-3-01 | Older Americans Act: introduction and definitions.
(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.
Last updated October 18, 2024 at 10:05 AM
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Rule 173-3-04 | Older Americans Act: general requirements for AAA-provider agreements.
Effective:
January 1, 2023
(A) Authority: Each AAA shall enter into
AAA-provider agreements ("agreements") to develop and implement a
comprehensive and coordinated system of services for consumers and their
caregivers. Each AAA is ultimately responsible to ODA for ensuring that all
state and federal funds received from ODA are used in a manner that complies
with this chapter and the uniform administrative requirements, cost principles,
and audit requirements for federal awards under 45 C.F.R. Part 75. (B) Purchase-of-service
agreements: (1) As used in this rule,
"purchase-of-service agreements" means an agreement through which a
provider is paid, wholly or in part, with Older Americans Act funds a
pre-determined unit rate for only the services it actually provides in
accordance with the agreement. (2) The AAA shall only
enter into purchase-of-service agreements, unless the requirements of paragraph
(C) of this rule are met. (C) Time-and-materials
agreements: (1) As used in this rule,
"time-and-materials agreement" means an agreement through which a
provider is paid, in whole or in part, with Older Americans Act funds for the
services it provides to consumers based on the provider's actual costs
(i.e., time and materials) and not on a pre-determined unit rate. (2) The AAA is not required to obtain
authorization from ODA before entering into a time-and-materials agreement if
the agreement only pertains to the provision of one or more of the following
services: home maintenance and chores; client finding; home modification;
information and assistance (referrals); mass outreach; socialization;
telephoning; visiting; or services provided through the national family
caregiver support program. (3) The AAA may obtain authorization from
ODA to enter into a time-and-materials agreement for the provision of a service
not listed in paragraph (C)(2) of this rule. (D) Any agreement shall contain the following
provisions: (1) A dollar amount of
the AAA's obligation under the agreement. (2) A requirement for the
provider to provide evidence to the AAA to verify its costs before the AAA pays
the provider. (3) The AAA monitors the
agreement to ensure that provider expenses do not exceed the limits established
in the agreement. (E) Retroactive: The AAA may pay a provider for services
only if there is a valid agreement is in place before the provider begins to
provide the services. No agreement is valid unless, and until, it is signed by
authorized representatives from both the AAA and the provider. (F) Ineligible providers: The AAA is subject to 2 C.F.R.
Part 180, as supplemented by 2 C.F.R. Part 376, which does not allow the AAA to
enter into an agreement with any provider that the SAM database lists as
excluded or disqualified from agreements involving federal funds. As used in
this paragraph, "SAM database" means the general service
administration's "System for Award Management," which is
available to the general public for free on www.sam.gov. (G) Not earning funds: An AAA may make a portion of the
funds awarded to a provider available for use by one or more other existing
providers by using a competitive procurement process listed under 45 C.F.R.
75.329 if the AAA stated in the agreement that it may redistribute funds if a
provider is not earning the funds that the provider was awarded in a timely
manner, and if the AAA determines that the provider is not earning the funds
that it was awarded in a timely manner. A provider may appeal an AAA's
decision to redistribute funds under rule 173-3-09 of the Administrative
Code.
Last updated September 12, 2024 at 8:57 AM
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Rule 173-3-05 | Older Americans Act: procurement standards.
Effective:
January 1, 2023
(A) General procurement
standards: (1) When an AAA procures services paid,
in whole or in part, with Older Americans Act funds, the AAA is subject to the
requirements in 45 C.F.R. 75.327 to 75.335. (2) 48 C.F.R. Subpart 2.1 establishes the
federal micro-purchase threshold. 45 C.F.R. 75.329 does not allow an AAA to use
micro-purchase procurement for AAA-provider agreements (agreements) worth more
than the federal micro-purchase threshold. (3) 2 C.F.R. Part 300 establishes the
federal simplified acquisition threshold. 45 C.F.R. 75.329 does not allow an
AAA to use small-purchase procurement for agreements worth more than the
federal simplified acquisition threshold. (B) Authorization for non-competitive
procurement: An AAA may request authorization from ODA to use a non-competitive
procurement process by complying with paragraph (A) of this rule and providing
a written or electronic request to ODA that meets all of the following
conditions: (1) The AAA makes its
request to ODA no fewer than thirty days before the AAA needs a decision from
ODA. (2) The AAA's
request does not consider a public exigency or emergency to be a basis for
non-competitive procurement if the AAA created the exigency or
emergency. (3) The AAA's
request provides ODA with evidence to verify that the circumstances in 45
C.F.R. 75.329(f) exist. (4) If the AAA wants to
procure services from a single source, the AAA's request verifies that the
circumstances in 45 C.F.R. 75.329(f)(1) exist by including the names of all
known providers of the services located in, or willing to do business in, the
planning and service area and includes emails or letters from each of those
providers to document their inability to provide the services the AAA wants to
procure. If the providers are unwilling to provide emails or letters to the
AAA, the AAA's request includes records of the AAA's efforts to
obtain information from the providers. (C) Additional procurement standards for renewable and
multi-year AAA-provider agreements: (1) RFPs: (a) An AAA may offer a
provider a renewable or multi-year AAA-provider agreement (agreement) only if
the RFP for the renewable or multi-year agreement clearly states all of the
following: (i) Whether the agreement would be renewable after the
first term or for a multi-year term. (ii) One of the following: (a) The methodology by which the AAA would determine the
amount, if any, of a rate increase upon renewal or during the multi-year
term. (b) A statement that the agreement would not include an
opportunity for rate increases. (b) An AAA may offer a
provider a renewable agreement only if the RFP for the renewable agreement
clearly states the following: (i) The AAA retains the right to decline to renew a
renewable agreement. (ii) The circumstances under which the AAA may terminate a
renewed agreement. (c) An AAA may offer a
provider a multi-year agreement only if the RFP for the multi-year agreement
clearly states that the AAA may terminate a multi-year agreement, rather than
fulfill all years of the multi-year term, under any one or more of the
following circumstances: (i) The provider does not demonstrate satisfactory
performance. (ii) The AAA does not have funds to pay for the services for
a subsequent year. (iii) A situation arises that was unforeseen at the time the
AAA and the provider entered into the agreement. Examples of unforeseen
situations are changes in market conditions or changes in the law regulating
the services the agreement covers. (2) Agreements: (a) Every agreement for
a renewable agreement or agreement with a multi-year term shall clearly state
the following: (i) Whether the agreement is renewable after the first term
or for a multi-year term. (ii) One of the following: (a) The methodology by which the AAA determines the amount,
if any, of a rate increase upon renewal or during the multi-year
term. (b) A statement that the agreement does not include an
opportunity for rate increases. (b) Every agreement for a
renewable agreement shall clearly state the following: (i) The AAA retains the right to decline to renew the
agreement. (ii) The circumstances under which the AAA may terminate a
renewed agreement. (c) Every agreement with
a multi-year term shall clearly state that the AAA may terminate the multi-year
agreement, rather than fulfill all years of the multi-year term, under any one
or more of the following circumstances: (i) The provider does not demonstrate satisfactory
performance. (ii) The AAA does not have funds to pay for the services for
a subsequent year. (iii) A situation arises that was unforeseen at the time the
AAA and the provider entered into the agreement. Examples of unforeseen
situations are changes in market conditions or changes in the law regulating
the services that the agreement covers. (3) Effective periods: No renewable or multi-year agreement
(whether in its initial term or a renewed term) may remain in effect after the
last day that the AAA's approved area plan is in effect unless the AAA
makes a written or electronic request for authorization from ODA to extend the
effective period no fewer than thirty days before the end of the effective
period of the AAA's area plan and if ODA grants the requested extension
to the AAA.
Last updated January 3, 2023 at 8:34 AM
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Rule 173-3-06 | Older Americans Act: requirements to include in every AAA-provider agreement.
Effective:
January 1, 2023
(A) Federal requirements for every
AAA-provider agreement (agreement) for services paid, in whole or in part, with
Older Americans Act funds: (1) The Older Americans
Act. (2) Subparts C and D of
45 C.F.R. Part 1321. (3) 45 C.F.R. 75.327 to 75.335, including
Appendix II to 45 C.F.R. Part 75. (4) Any additional federal law, rule, or
executive order with jurisdiction over the agreement or any service procured
through the agreement. (B) State requirements for every agreement for services paid, in
whole or in part, with Older Americans Act funds: (1) Program and funding
identification: (a) The agreement shall identify the names of the federal and
state programs that are sources for the Older Americans Act funding being used
to pay for the services procured through the agreement. (b) The agreement shall contain the following
statement: "This agreement is for the provision of
services paid with federal funds that the United States Department of Health
and Human Services appropriated to the Ohio Department of Aging (ODA). ODA, in
turn, allocated the federal funds to the area agency on aging. The agreement is
subject to federal and state laws, rules,, and executive orders with
jurisdiction over the agreement or any service procured through the
agreement." (2) Additional state laws: (a) The agreement is subject to any rule in this chapter or
Chapter 173-4 of the Administrative Code regulating agreements in general or
the provision of any service being procured through the agreement. (b) The agreement is subject to any additional state law , rule,
or executive order with jurisdiction over agreements in general or the
provision of any service procured through the agreement. (3) Safety: (a) Disasters: The agreement shall require the provider to
cooperate with the AAA and ODA to assess disaster impact upon consumers and to
coordinate with public and private resources in the field of aging to assist
consumers whenever the president of the United States declares that the
provider's service area is a disaster area. (b) Significant changes: If the provider provides a service to a
consumer who is enrolled in a case management service as part of care
coordination, the agreement shall require the provider to notify the AAA of any
significant change that may necessitate a reassessment the case-managed
consumer's need for the service no later than one day after the provider
is aware of a repeated refusal to receive the service; changes in the
consumer's physical, mental, or emotional status; documented changes in
the consumer's environmental conditions; or, other significant, documented
changes to the consumer's health and safety. If "one day after"
falls on a weekend or legal holiday, the deadline is extended to the day
immediately following "one day after" that is not on a weekend or
legal holiday. (c) APS: The agreement shall require the provider to immediately
report any reasonable cause to believe a consumer is the victim of abuse,
neglect, or exploitation to the local adult protective services program in
accordance with section 5101.63 of the Revised Code. (d) Discontinuing the provision of services: If the provider
provides a service to a consumer who is enrolled in a case management service
with the AAA as part of care coordination, the agreement shall require the
provider to notify the AAA and the case-managed consumer in writing of the
anticipated last day the provider will provide the service to the case-managed
consumer no later than thirty days before the anticipated last day, unless the
reason for discontinuing the service is the hospitalization,
institutionalization, or death of the consumer; serious risk to the health or
safety of the provider; the consumer's decision to discontinue the
service; or a similar reason why the provider is unable to notify the AAA and
the case-managed consumer thirty days before the anticipated last day. The
provider shall also notify the case-managed consumer on how to reach a
long-term care ombudsman. If the thirtieth day falls on a weekend or legal
holiday, the deadline is extended to the day immediately after the thirtieth
day that is not on a weekend or a legal holiday. (4) Confidentiality: The agreement shall
include any federal or state confidentiality requirements, including the
following: (a) The provider shall not disclose information concerning a
consumer unless the provider obtains and retains the consumer's written or
electronic informed consent to disclose and the purpose for the disclosure is
associated with the provider's provision of services to the
consumer. (b) The provider shall not disclose information concerning a
consumer for a purpose unassociated with the provider's provision of
services even if the provider obtains and retains the consumer's written
or electronic informed consent to do so. (c) The provider shall store each consumer's electronic
records in a password-protected file and physical records in a designated,
locked storage space. (5) Provider qualifications: In the
agreement, the AAA shall include the following requirements: (a) When hiring an applicant for, or retaining an employee in, a
paid direct-care position, the provider is subject to section 173.38 of the
Revised Code and Chapter 173-9 of the Administrative Code, or if self-employed,
section 173.381 of the Revised Code and Chapter 173-9 of the Administrative
Code. (b) If a federal, state, or local government regulatory authority
prohibits the provider from providing a service required by the agreement, the
provider shall notify the AAA of the disciplinary action and the AAA shall,
simultaneous to the date of the regulatory authority's disciplinary
action, deem the provider to be ineligible to be paid with Older Americans Act
funds for providing that service to consumers. (6) Subcontracting: The agreement shall
require the provider to obtain authorization from the AAA before subcontracting
any of its duties under the agreement to another provider. (7) Modification: (a) The agreement shall describe the grounds (and the process)
for modifying the agreement. (b) The agreement shall state that if an amendment, repeal, or
rescission of any law, rule, or regulation cited in the agreement would change
the responsibilities of the AAA, the provider, or both the AAA and provider,
then the AAA, the provider, or both the AAA and provider shall comply with the
amendment, repeal, or rescission of the law, rule, or regulation even if the
agreement is not updated before the amendment, repeal, or rescission takes
effect. (c) Every new agreement shall require the provider to sign up for
email updates on ODA's rules on
https://aging.ohio.gov/wps/portal/gov/aging/see-news-and-events/subscribe/subscribe. (8) Renewable and multi-year agreements:
If the agreement is renewable or covers a multi-year term, the agreement is
subject to the requirements for renewable or multi-year agreements under rule
173-3-05 of the Administrative Code. (9) Records: The
agreement shall include the following permissions and
requirements: (a) Permission to use an electronic system to collect or retain
records. (b) A requirement to retain any record relating to services
provided, including activity plans (if required), assessments (if required),
permits (if required), evaluations (if required), and mandatory reporting items
to verify a unit of service, until all of the following periods of time have
passed: (i) Three years after the
date the provider receives payment for the services. (ii) The date on which
ODA, the AAA, or a duly-authorized law enforcement official concludes
monitoring the records and any findings are finally settled. (iii) The date on which
the auditor of the state of Ohio, the inspector general, or a duly-authorized
law enforcement official concludes an audit of the records and any findings are
finally settled. (c) A requirement to retain all records regarding an
employee's background checks and qualifications, including records on
initial qualifications, successful completion of orientation and subsequent
training (if required), and performance reviews (if required) until all of the
following periods of time have passed: (i) Three years after the
date the provider no longer retains the employee. (ii) The date on which
ODA, the AAA, or a duly-authorized law enforcement official concludes
monitoring the records and any findings are finally settled. (iii) The date on which
the auditor of the state of Ohio, the inspector general, or a duly-authorized
law enforcement official concludes an audit of the records and any findings are
finally settled. (d) A requirement to participate in good faith in the monitoring
of the provider's provision of services. To participate in good faith
includes assisting the AAA and ODA with the scheduling of monitoring and
providing the AAA and ODA with access to its business site(s) during the
provider's normal business hours, a place to work in its business site(s),
and access to policies and records for each unit of service
billed. (10) Payment: (a) The agreement shall describe how the AAA pays the provider,
including the amount and payment method. (b) The agreement shall include the following
requirements: (i) The requirements in
rule 173-3-07 of the Administrative Code. (ii) The requirement to return any Older Americans Act funds
payments for its services, if the provider's provision of the services did
not comply with the laws, rules, or executive orders with jurisdiction over the
provision of the service. (11) Administrative
hearings: (a) The agreement shall state that the provider may appeal an
action the AAA takes against the provider according to rule 173-3-09 of the
Administrative Code and state the procedures by which the provider may appeal
the adverse action. (b) If the AAA intends to redistribute unearned funds to other
providers, the agreement shall state that it may redistribute funds if a
provider is not, in a timely manner, earning the funds it was awarded and if
the AAA determines the provider is not, in a timely manner earning the funds it
was awarded in the agreement. (C) An AAA may add requirements to an
agreement in addition to the requirements in paragraphs (A) and (B) of this
rule if the additional requirements do not conflict with any federal laws,
rules, or executive orders with jurisdiction over the agreement or state laws,
rules, or executive orders with jurisdiction over the agreement.
Last updated January 3, 2023 at 8:35 AM
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Rule 173-3-06.1 | Older Americans Act: adult day service.
Effective:
February 1, 2023
(A) "Adult day service" ("ADS") means a regularly-scheduled service delivered at an adult day center (center) in a non-institutional, community-based setting. ADS includes recreational and educational programming to support a consumer's health and independence goals; at least one meal, but no more than two meals per day; and, sometimes, health status monitoring, skilled therapy services, and transportation to and from the center. Table 1 to this rule defines the three levels of ADS. | BASIC ADS | ENHANCED ADS | INTENSIVE ADS | | Structured activity programming | Yes | Yes | Yes | | Health assessments | Yes | Yes | Yes | | Supervision of ADLs | One or more ADL | One or more ADL | All ADLs | | Hands-on assistance with ADLs | No | Yes, one or more ADL (bathing excluded) | Yes, minimum of two ADLs (bathing included) | | Hands-on assistance with medication administration | No | Yes | Yes | | Comprehensive therapeutic activities | No | Yes | Yes | | Monitoring of health status | No | Intermittent | Regular | | Hands-on assistance with personal hygiene activities | No | Yes (bathing excluded) | Yes (bathing included, as needed) | | Social work services | No | No | Yes | | Skilled nursing services | No | No | Yes | | Rehabilitative services | No | No | Yes |
(B) Requirements for every AAA-provider agreement for ADS that is paid, in whole or in part, with Older Americans Act funds: (1) The AAA-provider agreement is subject to rule 173-3-06 of the Administrative Code. (2) Service requirements: (a) Transportation: The provider shall transport each consumer to and from the center by performing transportation that complies with rule 173-3-06.6 of the Administrative Code, unless the provider enters into a contract with another provider who complies with rule 173-3-06.6 of the Administrative Code, or unless the caregiver transports or designates another person or non-provider, other than the center provider, to transport the consumer to and from the center. (b) Case manager's assessment: If the consumer receives a case management service as part of care coordination: (i) The case manager shall assess each consumer's needs and preferences then specify which service level will be approved for each consumer; and, (ii) The provider shall retain records to show that it provides the service at the level that the case manager authorized. (c) Provider's initial assessment: (i) The provider shall assess the consumer before the end of the consumer's second day of attendance at the center. If the consumer is enrolled in care coordination, the provider may substitute a copy of the case manager's assessment of the consumer if the case manager assessed the consumer no more than thirty days before the consumer's first day of attendance at the center. (ii) The initial assessment shall include both of the following components: (a) Functional and cognitive profiles that identify the ADLs and IADLs that require attention or assistance of the provider's staff members. (b) Social profile including social activity patterns, major life events, community services, caregiver data, formal and informal support systems, and behavior patterns. (d) Health assessment: No later than thirty days after the consumer's initial attendance at the center or before the consumer receives the first ten units of service at the center, whichever comes first, the provider shall either obtain a health assessment of each consumer from a licensed healthcare professional whose scope of practice includes health assessments or require a staff member who is such a licensed healthcare professional to perform a health assessment of each consumer. The health assessment shall include the consumer's psychosocial profile and identify the consumer's risk factors, diet, and medications. If the licensed healthcare professional who performs the health assessment is not a staff member of the provider, the provider shall retain a record of the professional's name and phone number. (e) Activity plan: No later than thirty days after the consumer's initial attendance at the center or before the consumer receives the first ten units of service at the center, whichever comes first, the provider shall either obtain the services of a licensed healthcare professional whose scope of practice includes developing activity plans to draft an activity plan for each consumer or require a staff member who is such a licensed healthcare professional to draft an activity plan for each consumer. The plan shall do all of the following: (i) Identify the consumer's strengths, needs, problems or difficulties, and objectives. (ii) Describe the consumer's interests, preferences, and social rehabilitative needs. (iii) Describe the consumer's health needs. (iv) Describe the consumer's specific goals, objectives, and planned interventions of ADS that meet the goals. (v) Describe the consumer's level of involvement in the drafting of the plan, and if the consumer has a caregiver, the caregiver's level of involvement in the drafting of the plan. (vi) Describe the consumer's ability to provide a unique identifier to verify receipt of service delivery. (f) Plan of treatment: Before administering medication or meals with a therapeutic diet, and before providing a nursing service, nutrition counseling, physical therapy, or speech therapy, the provider shall obtain a plan of treatment from a licensed healthcare professional whose scope of practice includes making plans of treatment. The provider shall obtain the plan of treatment at least every ninety days for each consumer that receives medication, a nursing service, nutrition counseling, physical therapy, or speech therapy. For diet orders that may be part of a plan of treatment, a new diet order is not required every ninety days. Instead, the provider is subject to the diet-order requirements under rule 173-4-06 of the Administrative Code. (g) Interdisciplinary care conference (conference): (i) Frequency: The provider shall conduct a conference for each consumer at least once every six months. (ii) Participants: The provider shall conduct the conference between the provider's staff members and invitees who choose to participate. At least seven days before the conference begins, the provider shall invite the following persons to participate in the conference and provide those persons with the date and time of the conference: (a) The consumer. (b) The consumer's case manager, if the consumer receives case management as part of care coordination. (c) Any licensed healthcare profession who does not work for the provider, but who provided the provider with a health assessment of the consumer or an activity plan for the consumer. (d) The consumer's caregiver, if the consumer has a caregiver. (iii) Revise activity plan: If the conference participants identify changes in the consumer's health needs, condition, preferences, or responses to the service, the provider shall obtain the services of a licensed healthcare professional whose scope of practice includes developing activity plans to revise the activity plan accordingly or require a staff member who is such a licensed healthcare professional to revise the activity plan accordingly. (h) Activities: The provider shall announce daily and monthly planned activities through two or more of the following media: (i) Posters in prominent locations throughout the center. (ii) An electronic display (e.g., a television) in a prominent location in the center. (iii) The center's website. (iv) A direct communication sent to consumers (and others), such as email, text, mail, or another medium. (i) Lunch and snacks: (i) The provider shall provide lunch and snacks to each consumer who is present during lunchtime or snacktime. (ii) The provision of lunch shall comply with paragraphs (A)(7) to (A)(12) of rule 173-4-05 of the Administrative Code and paragraph (E) of rule 173-4-05.1 of the Administrative Code. (3) Center requirements: A provider may qualify for an AAA-provider agreement to provide ADS if the provider's center meets the following specifications: (a) If the center is housed in a building with services or programs other than ADS, a separate, identifiable space and staff are available for ADS activities during all hours in which the provider provides ADS in the center. (b) The center complies with the "ADA Accessibility Guidelines for Buildings and Facilities" in appendix A to 28 C.F.R. Part 36. (c) The center has at least sixty square feet per individual that it serves, excluding hallways, offices, rest rooms, and storage areas. (d) The provider stores consumers' medications in a locked area that the provider maintains at a temperature that meets the storage requirements of the medications. (e) The provider stores toxic substances in an area that is inaccessible to consumers. (f) The center has at least one toilet for every ten individuals present that it serves and at least one wheelchair-accessible toilet. (g) If the center provides intensive ADS, the center has bathing facilities suitable to the needs of consumers who require intensive ADS. (4) Staffing levels: (a) The provider shall have at least two staff members present whenever more than one consumer is present, including one who is a paid PCA and one who is certified in CPR. (b) The provider shall maintain a staff-to-consumer ratio of at least one staff member to every six consumers at all times. (c) The provider shall have one RN, or LPN under the direction of an RN, available whenever a consumer who receives enhanced ADS or intensive ADS requires components of enhanced ADS or intensive ADS that fall within a nurse's scope of practice. (d) The provider shall employ an activity director to direct consumer activities. (5) Provider qualification: (a) Type of provider: Only agency providers qualify to provide ADS. (b) Staff qualifications: (i) Every person who is an RN, LPN under the direction of an RN, social worker, physical therapist, physical therapy assistant, speech therapist, dietitian, occupational therapist, occupational therapy assistant, or other licensed professional qualifies to practice in the adult day center only if the person has a current and valid license to practice in their profession. (ii) A person qualifies to be an activity director only if the person has at least one of the following: (a) A baccalaureate or associate degree in recreational therapy or a related degree. (b) At least two years of experience as an activity director, activity assistant or a related position. (c) Compliance with the qualifications under rule 3701-17-07 of the Administrative Code for directing resident activities in a nursing home. (d) A certification from the national certification council for activity professionals (NCCAP). (iii) A person qualifies to be an activity assistant only if the person has at least one of the following: (a) A high school diploma. (b) A high school equivalence diploma as defined in section 5107.40 of the Revised Code. (c) At least two years of employment in a supervised position to provide personal care, to provide activities, or to assist with activities. (iv) A person qualifies to be a PCA only if the person has at least one of the following: (a) A high school diploma. (b) A high school equivalence diploma as defined in section 5107.40 of the Revised Code. (c) At least two years of employment in a supervised position to provide personal care, to provide activities, or to assist with activities. (d) The successful completion of a vocational program in a health or human services field. (v) Each staff member who provides transportation to consumers shall comply with all requirements under rule 173-3-06.6 of the Administrative Code. (c) Staff training: (i) Orientation: The provider shall comply with the requirements for the orientation of PCAs in rule 173-3-06.5 of the Administrative Code. (ii) Task-based training: Before each new PCA provides an ADS, the provider shall provide task-based training. (iii) Continuing education: Each staff member shall successfully complete at least eight hours of in-service or continuing education on appropriate topics every twelve months. A staff member's successful completion of one to eight hours of continuing education or in-service training to maintain a professional license, certification, or registration used to provide ADS counts towards this eight-hour requirement if successfully completed during the same calendar year. (iv) Verification of compliance: The provider shall comply with paragraph (B)(3)(f) of rule 173-3-06.5 of the Administrative Code regarding records of each PCA's successful completion of any training and competency evaluation program, orientation, and in-service training. (d) Performance reviews: The provider shall complete a performance review of each staff member in relation to the staff member's job description. (6) Service verification: (a) The following are the mandatory reporting items for each episode of service that a provider retains to comply with the requirements under paragraph (B)(9) of rule 173-3-06 of the Administrative Code: (i) Consumer's name. (ii) Service date. (iii) Consumer's arrival and departure times. (iv) Consumer's mode of transportation. (v) Unique identifier of the consumer or the consumer's caregiver to attest to receiving the service. (b) During a state of emergency declared by the governor or a federal public health emergency, the provider may verify each episode of service provided without collecting the unique identifier of the consumer or the consumer's caregiver. (C) Units of service: (1) Attendance: Units of ADS are calculated as follows: (a) One-half unit is less than four hours of ADS per day. (b) One unit is four to eight hours of ADS per day. (c) A fifteen-minute unit is each fifteen-minute period of time over eight hours up to, and including, a maximum of twelve hours of ADS per day. (2) Transportation: A unit of ADS does not include transportation, as defined by rule 173-3-06.6 of the Administrative Code, even if the transportation is provided to transport the consumer to or from the center.
Last updated February 1, 2023 at 8:44 AM
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Rule 173-3-06.2 | Older Americans Act: home maintenance and chores.
Effective:
January 1, 2023
(A) "Home maintenance and
chores" means a service providing critical cleaning, maintenance, or
repair of elements in a consumer's home or surrounding property which are
necessary to preserve the consumer's health and welfare. (1) "Home
maintenance and chores" includes the assessment, materials, and labor
involved in any of the following activities: (a) Heavy household cleaning, including washing walls and
ceilings; washing the outside of windows, washing the inside of
difficult-to-reach windows; removing, cleaning, and re-hanging curtains or
drapery; and, shampooing carpets or furniture. (b) Disposing garbage or recyclable materials. (c) Seasonal outdoor maintenance, including cleaning gutters and
downspouts; removing leaves, snow, or ice; trimming shrubs; cutting grass; or
installing existing storm windows. (d) Inspecting HVAC equipment, water heater, or water
pump. (e) Repairing damaged, malfunctioning, or unsafe HVAC equipment,
plumbing, electrical systems, roofing, stairs, or floors. (f) Household maintenance, including replacing light bulbs,
unclogging a drain, lighting a pilot light, replacing an electrical fuse,
replacing broken window panes, repairing/replacing damaged window or door
screens, or changing a furnace filter. (g) Pest control. (2) "Home
maintenance and chores" does not include any of the following
activities: (a) An activity that another person (e.g., a landlord) has a
legal or contractual responsibility to provide. (b) An activity that is available through third-party insurers,
community supports, Ohio medicaid state plan, or a medicaid waiver
program. (B) Requirements for every AAA-provider
agreement for home maintenance and chores paid, in whole or in part, with Older
Americans Act funds: (1) The AAA-provider
agreement is subject to the requirements in rule 173-3-06 of the Administrative
Code. (2) Licensure or
accreditation: If an activity needs a license or credential (e.g., pest
control), only a provider who possesses the current, valid license or
credential qualifies to provide the activity. (3) Consent agreement:
The provider shall not provide any of the activities described in paragraphs
(A)(1)(e) to (A)(1)(g) of this rule without first obtaining a written or
electronic consent agreement from the homeowner, which may be the consumer, the
consumer's family, or a landlord. (4) Health and safety: If
the provider anticipates health or safety risks to the consumer during an
activity, the provider shall inform the consumer and the AAA of the risks and
provide the activity on dates and times that minimize those risks. The provider
is subject to any and all applicable local codes or ordinances in the provision
of each activity. (5) Service verification:
The following are the mandatory reporting items for each activity that a
provider retains to comply with the requirements under paragraph (B)(9) of rule
173-3-06 of the Administrative Code: (a) Consumer's name. (b) Date that the activity was provided. (c) Description of the activity provided. (d) Name of each employee providing the activity. (e) The unique identifier of the provider to attest to providing
the activity. (f) The unique identifier of the consumer or the consumer's
caregiver to attest to receiving the activity. During a state of emergency
declared by the governor or a federal public health emergency, the provider may
verify the activity provided without collecting the unique identifier of the
consumer or the consumer's caregiver. (C) Units: One unit of home maintenance
and chores is one activity reported in hours. Providers may report partial
hours to two decimal places (e.g., "0.25 hours"). Material costs are
part of the hourly rate. (For example, if a provider normally charges thirty
dollars per hour and a three-hour service involves thirty dollars in materials,
the provider would bill for three units at forty dollars per
unit.)
Last updated January 3, 2023 at 8:35 AM
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Rule 173-3-06.3 | Older Americans Act: home modification.
Effective:
January 1, 2023
(A) "Home modification" means a
service modifying elements of the interior or exterior of a consumer's
home to increase accessibility and enable the consumer to function with greater
independence in the home. (1) "Home
modification" includes the assessment, materials, and labor involved in
any of the following: (a) Installing grab bars or other devices to improve the
consumer's ability to perform ADLs. (b) Modifying the interior or exterior of the consumer's
home to improve the consumer's health and safety. (c) Installing a wheelchair ramp to a doorway or another
modification to improve the consumer's accessibility. (d) Repairing or replacing a home modification previously paid,
in whole or in part, with Older Americans Act funds, if the previous
modification cannot be repaired or replaced through another
resource. (2) "Home
modification" does not include a service with any of the following
characteristics: (a) Another person (e.g., a landlord) has a legal or contractual
responsibility to provide the service. (b) The service is available through Ohio medicaid state plan, a
medicaid waiver program, or another government program, pursuant to 45 C.F.R.
1321.3. (c) The service is available through third-party insurers or a
community support program. (d) The service would add square footage to the
home. (e) The service would provide general utility and not direct
medical or remedial benefit to the consumer. (f) The service would repair or replace a home modification
previously paid, in whole or in part, with Older Americans Act funds, that is
damaged as a result of apparent abuse, misuse, or negligence. (B) Requirements for every AAA-provider
agreement for home modification paid, in whole or in part, with Older Americans
Act funds: (1) General requirements:
The AAA-provider agreement is subject to requirements in rule 173-3-06 of the
Administrative Code. (2) Licensure or
accreditation: If a modification requires a license or credential (e.g., an
electrician, a HVAC specialist, a plumber), only a provider who possesses the
current, valid license or credential qualifies to modify the home. (3) Authorization: Before
modifying a home, the provider shall do the following: (a) Provide a written or electronic estimate to the AAA on the
cost of the modification. (b) Obtain the AAA's written or electronic authorization to
begin the modification. (4) Consent agreement: A provider shall
not modify a home without first obtaining a written or electronic consent
agreement from the homeowner (which may be the consumer, the consumer's
family, or a landlord) authorizing the modification and acknowledging that the
homeowner understands that the home will remain in the modified state until
after the consumer leaves the home. (5) Permits: Before modifying a home, the
provider shall obtain any permit and pre-modification inspections required by
federal, state, and local laws. (6) Health and safety: If
the provider anticipates health or safety risks to the consumer while modifying
the home, the provider shall inform the consumer and the AAA of the risks and
modify the home on dates and times that minimize those risks. (7) Warranty: The provider shall provide
a warranty to the AAA covering the workmanship and materials involved in the
modification. (8) Inspection: The provider is subject
to any necessary inspection, inspection report, or permit required by federal,
state, and local laws or a homeowners' association to verify that the
modification was properly completed. (9) Service verification: The following
are the mandatory reporting items for this service that a provider retains to
comply with the requirements under paragraph (B)(9) of rule 173-3-06 of the
Administrative Code: (a) Consumer's name. (b) One of the following dates: (i) The date the provider
completes the modification if the provider only makes one modification to the
home. (ii) The date the
provider completes the last modification if the provider makes multiple,
related modifications to the home. (c) Description of the modification(s). (d) Name of each employee modifying the home. (e) The unique identifier of the provider to attest to the
completion of the modification(s). (f) The unique identifier of the consumer or the consumer's
caregiver to attest to the completion of the modification(s). During a state of
emergency declared by the governor or a federal public health emergency, the
provider may verify the completion of the modification(s) without collecting
the unique identifier of the consumer or the consumer's
caregiver. (C) Units and rates: (1) A unit of home
modification is one completed modification. (2) The rate is
negotiable and subject to the approval of the AAA before the home is modified.
It includes assessment, materials, and labor.
Last updated January 3, 2023 at 8:35 AM
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Rule 173-3-06.4 | Older Americans Act: homemaker service.
(A) Definitions for this
rule: (1) "Homemaker
service" (homemaker) means a case-managed service providing routine
activities to help a consumer to achieve and maintain a clean, safe, and
healthy living environment. (a) "Homemaker service" includes the following
activities: (i) Routine meal-related
activities: planning a meal, preparing a meal, and planning a grocery
purchase. (ii) Routine household
activities: dusting furniture, sweeping, vacuuming, mopping floors, removing
trash, and washing the inside of windows that are reachable from the floor,
kitchen care (washing dishes, appliances, and counters), bedroom and bathroom
care (changing bed linens and emptying and cleaning bedside commodes), and
laundry care (washing, drying, folding, ironing, and putting the laundry away
in the consumer's home and washing and drying at a laundromat if the
consumer does not have a working washer and dryer). (iii) Routine
transportation activities: providing an errand outside of the presence of the
consumer (e.g., picking up a prescription or groceries), or escort, but not
transportation under rule 173-3-06.6 of the Administrative Code. (iv) The activities
described in paragraphs (A)(1)(a)(i) to (A)(1)(a)(iii) of this rule when they
assist the consumer as respite to the consumer's caregiver or are
essential to the health and safety of the consumer as respite to the
consumer's caregiver. (b) "Homemaker service" does not include the following
activities: (i) Activities provided
outside of the home with the exceptions of the laundry activities in paragraph
(A)(1)(a)(ii) of this rule and the routine transportation activities in
paragraph (A)(1)(a)(iii) of this rule. (ii) Activities within
the scope of home maintenance and chores. (iii) Activities
available through third-party insurers, community supports, Ohio medicaid state
plan, or a medicaid waiver program. (iv) Activities to
administer or set-up medications. (2) "Aide"
means the person who provides homemaker activities. (B) Requirements for every AAA-provider
agreement with agency providers for homemaker activities paid, in whole or in
part, with Older Americans Act funds: (1) The AAA-provider
agreement is subject to rule 173-3-06 of the Administrative Code. (2) Licensure: The
provider is subject to the requirement under Chapter 3740. of the Revised Code
and Chapter 3701-60 of the Administrative Code for the provider to hold a
current, valid license to provide skilled home health services or nonmedical
home health services. (3) Availability: The provider shall
maintain the following: (a) Adequate staffing levels to provide homemaker activities at
least five days per week. (b) A back-up plan for providing homemaker activities when the
provider has no aide available. (c) The availability of an aide supervisor during all hours when
aides are scheduled to work. (4) Aides: (a) General standard: No
aide may provide an activity under paragraph (A)(1)(a) of this rule unless the
aide successfully completes training and competency evaluation on that
activity (b) Initial qualifications: The provider may allow a person
to serve as an aide only if the person meets at least one of the following
qualifications and the provider meets the verification requirements under
paragraph (B)(4)(f) of this rule: (i) The person meets at
least one of the qualifications to be a PCA under paragraph (B)(4)(a) of rule
173-3-06.5 of the Administrative Code. (ii) The person
successfully completed training and competency evaluation on each activity
listed under paragraph (A)(1)(a) of this rule that the person would provide as
an aide. For example, a person who would provide only laundry activities as an
aide would qualify to be an aide by successfully completing training and
competency evaluation on laundry activities. (c) Orientation: Before allowing aides or other employees
to have direct, face-to-face contact with consumers, the provider shall provide
the aides or other employees with orientation that, at a minimum, addresses the
following topics: (i) The provider's
expectations of employees. (ii) The provider's ethical standards. (iii) An overview of the provider's personnel
policies. (iv) The organization and lines of communication of the
provider's agency. (v) Person-centered
care. (vi) Incident reporting. (vii) Emergency procedures. (viii) Standard
precautions for infection control, including hand washing and the disposal of
bodily waste. (d) In-service training: The provider shall retain records
to show that each aide successfully completes six hours of ODA-acceptable
in-service training every twelve months. Agency- and program-specific
orientation do not count toward the six hours. If the aide is also a PCA
according to rule 173-3-06.5 of the Administrative Code, the provider may
consider six hours of successfully-completed ODA-acceptable in-service training
as a PCA to count for the six hours required as an aide by this
paragraph. (e) Acceptable training, orientation, and competency
evaluation: (i) An organization other
than the provider may provide the orientation and training required in
paragraphs (B)(4)(c) and (B)(4)(d) of this rule. Any training successfully
completed through https://mylearning.dodd.ohio.gov/ or
https://collinslearning.com/home-health-care/ is approved. (ii) The portion of
training that is not competency evaluation may occur online. (iii) The portion of
competency evaluation that involves return demonstration qualifies as
competency evaluation under paragraph (B)(4)(b) of this rule only if it is
conducted in person. (f) Verification of compliance with aide qualifications and
requirements: (i) If a person meets the
initial qualifications to be an aide under paragraph (B)(4)(b) of this rule by
meeting the qualifications to be a PCA under paragraph (B)(4)(a) of rule
173-3-06.5 of the Administrative Code, then the provider shall comply with the
verification requirements under paragraph (B)(4)(f) of rule 173-3-06.5 of the
Administrative Code. (ii) If a person meets
the initial qualifications to be an aide under paragraph (B)(4)(b) of this rule
by completing the training and competency evaluation program under paragraph
(B)(4)(b)(ii) of this rule, then the provider shall either retain copies of
certificates of completion earned by each aide after the aide meets
qualifications/requirements under paragraph (B)(4) of this rule for
successfully completing any training and competency evaluation program,
orientation, and in-service training under paragraph (B)(4) of this rule or
record the following information for each aide, and retain it, if it does not
appear on the aide's certificate of completion (or if the aide did not
receive a certificate of completion): name of the school or training
organization, name of the course, training dates, and training hours
successfully completed. (5) Aide supervisors, aide trainers, and
aide testers: (a) Qualifications: The provider may allow a person to serve as
an aide supervisor, an aide trainer, or an aide tester only if the person meets
one or more of the following qualifications: (i) The person is an RN or LPN. (ii) The person is a licensed independent social worker
(LISW) or licensed social worker (LSW). (iii) The person
successfully completed a baccalaureate or associate degree in a health and
human services field. (iv) The person completed
at least two years of work as an aide, as defined by this rule. (b) Aide supervisor visits: The provider's aide supervisor
shall do all of the following: (i) Visit each consumer
in person at the consumer's home to develop a written or electronic
activity plan with the consumer either before allowing an aide to provide an
episode of service to the consumer or during the aide's initial episode of
service to the consumer. During a state of emergency declared by the governor
or a federal public health emergency, the aide supervisor may conduct the visit
by telephone, video conference, or in person at the consumer's
home. (ii) Visit each consumer
in person at the consumer's home at least once every ninety-three days
after the aide's initial episode of service with the consumer to evaluate
compliance with the activity plan, the consumer's satisfaction, and the
aide's performance. The aide supervisor may conduct each visit with or
without the presence of the aide being evaluated. During a state of emergency
declared by the governor or a federal public health emergency, the aide
supervisor may conduct the visit by telephone, video conference, or in person
at the consumer's home. (iii) Retain a record of
the initial visit and each subsequent visit that includes either of the
following: (a) For an in-person
visit, the date of the visit, an indication that the visit occurred in person
at the consumer's home, the supervisor's name, the supervisor's
unique identifier, the consumer's name, and a unique identifier of the
consumer or the consumer's caregiver. During a state of emergency declared
by the governor or a federal public health emergency, the provider may verify
that the supervisor provided the initial or subsequent visit without collecting
a unique identifier of the consumer or the consumer's
caregiver. (b) For a visit by
telephone or video conference, the date of the visit, an indication of whether
that the visit was provided by telephone or video conference, the
supervisor's name, the consumer's name, and evidence that a visit
occurred by telephone or video conference (e.g., a record automatically
generated by telehealth software, a record showing that the supervisor's
phone called the consumer's phone, or clinical notes from the
supervisor). (6) Employee policies: (a) The provider shall develop, implement, comply with, and
maintain written or electronic policies on all the following
topics: (i) Job
descriptions. (ii) Qualifications to
provide homemaker activities. (iii) Incident reporting. (iv) Obtaining the consumer's written or electronic
permission before releasing information concerning the consumer to
anyone. (v) The required content, handling, storage, and retention
of consumer records. (vi) The provider's ethical standards. (b) The provider shall make its policies available to all
employees and to ODA or the AAA upon request. (7) Service verification: The following
are the mandatory reporting items for each episode of service that a provider
retains to comply with the requirements under paragraph (B)(9) of rule 173-3-06
of the Administrative Code: (a) Consumer's name. (b) Service date. (c) Arrival time. (d) Departure time. (e) Service description. (f) Service units. (g) Name of each aide in contact with the consumer. (h) The unique identifier of each aide in contact with the
consumer to attest to providing the service. (i) The unique identifier of the consumer or the consumer's
caregiver to attest to receiving the service. During a state of emergency
declared by the governor or a federal public health emergency, the provider may
verify each episode of service provided without collecting the unique
identifier of the consumer or the consumer's caregiver. (C) The requirements for every
AAA-provider agreement for homemaker paid, in whole or in part, with Older
Americans Act funds with participant-directed providers are the same as for
agency providers, with the following differences: (1) Availability: Paragraph (B)(3)(a) of
this rule does not apply. (2) Licensure: Paragraph
(B)(2) of this rule applies only if the provider meets the definition of
"nonagency provider" in rule 3701-60-01 of the Administrative
Code. (3) Initial qualifications, in-service
training, and verification: Paragraphs (B)(4)(a), (B)(4)(b), (B)(4)(d), and
(B)(4)(f) of this rule apply as if "provider" is the AAA and
"aide" is either the self-employed or participant-directed
provider. (4) Orientation: Paragraph (B)(4)(c) of
this rule does not apply. (5) Supervision: Paragraph (B)(5) of this
rule does not apply. (6) Employee policies: Paragraphs
(B)(6)(a)(iii) to (B)(6)(a)(vi) of this rule apply, but paragraphs (B)(6)(a)(i)
to (B)(6)(a)(ii) do not apply. (7) Service verification: Paragraph
(B)(7) of this rule applies as if "aide" is either the self-employed
or participant-directed provider. (D) Unit of service: A unit of homemaker is one hour of
homemaker. Providers may report partial hours to two decimal places (e.g.,
"0.25 hours").
Last updated July 2, 2024 at 9:51 AM
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Rule 173-3-06.5 | Older Americans Act: personal care.
(A) Definition for this rule: "Personal care" means a
case-managed service comprised of activities to help a consumer achieve optimal
functioning with ADLs and IADLs. (1) "Personal care" includes
the following activities: (a) Assisting the consumer with ADLs, IADLs, household
management, personal affairs, and self-administration of
medications. (b) Homemaker activities listed in rule 173-3-06.4 of the
Administrative Code, if the activities are specified in the consumer's
activities plan and are incidental to the activities provided, or are essential
to the health and safety of the consumer, rather than the consumer's
family. The homemaker activities include routine meal-related activities,
routine household activities, and routine transportation
activities. (c) The activities described in paragraphs (A)(1)(a) to (A)(1)(b)
of this rule when they assist the consumer as respite to the consumer's
caregiver or are essential to the health and safety of the consumer as respite
to the consumer's caregiver. (2) "Personal care" does not
include the following activities: (a) Activities provided outside of the home except for routine
transportation activities listed in paragraph (A)(1)(b) of this
rule. (b) Activities within the scope of home maintenance and
chores. (c) Activities available through third-party insurers, community
supports, Ohio medicaid state plan, or a medicaid waiver program. (d) Activities to administer or set-up medications. (B) Requirements for every AAA-provider
agreement for personal care paid, in whole or in part, with Older Americans Act
funds: (1) General requirements:
The AAA-provider agreement is subject to rule 173-3-06 of the Administrative
Code. (2) Licensure: The
provider is subject to the requirement under Chapter 3740. of the Revised Code
and Chapter 3701-60 of the Administrative Code for the provider to hold a
current, valid license to provide skilled home health services or nonmedical
home health services. (3) Availability: The provider shall
maintain the following: (a) Adequate staffing levels to provide personal care at least
five days per week. (b) A back-up plan for providing personal care when the provider
has no PCA available. (c) The availability of a PCA supervisor during all hours when
PCAs are scheduled to work. (4) PCAs: (a) Initial qualifications: The provider may allow a person to
serve as a PCA only if the person meets at least one of the following
qualifications and if the provider meets the verification requirements under
paragraph (B)(4)(d) of this rule: (i) STNA: The person
successfully completed a nurse aide training and competency evaluation program
approved by Ohio department of health (ODH) under section 3721.31 of the
Revised Code. (ii) Medicare: The person
met the qualifications to be a medicare-certified home health aide according to
one of the following sets of standards: (a) The standards in 42
C.F.R. 484.4 and 484.36, if the person met those standards on or before January
12, 2018. (b) The standards in 42
C.F.R. 484.80 and 484.115, if the person met those standards on or after
January 13, 2018. (iii) Previous
experience: The person has at least one year of supervised employment
experience as a home health aide or nurse aide and has successfully completed
competency evaluation covering the topics listed under paragraph
(B)(4)(a)(v)(b) of this rule. (iv) Vocational programs:
The person successfully completed the COALA home health training program or
another vocational school program that included at least thirty hours of
training and competency evaluation covering the topics listed under paragraph
(B)(4)(a)(v)(b) of this rule. (v) Other programs: The
person successfully completed a training and competency evaluation program with
the following characteristics: (a) The training lasted
at least thirty hours. (b) All the following
subjects were included in the program's training and its competency
evaluation: (i) Communications
skills, including the ability to read, write, and make brief and accurate
reports (oral, written, or electronic). (ii) Observation,
reporting, and retaining records of a consumer's status and activities
provided to the consumer. (iii) Reading and
recording a consumer's temperature, pulse, and respiration. (iv) Basic elements of bodily functioning and changes in
body function that should be reported to a PCA supervisor. (v) The homemaker activities listed in rule 173-3-06.4 of
the Administrative Code. (vi) Recognition of emergencies, and knowledge of emergency
procedures. (vii) Physical, emotional, and developmental needs of
consumers, including the need for privacy and respect for consumers and their
property. (viii) Techniques in personal hygiene and grooming that
include bed, tub, shower, and partial bath techniques; shampoo in sink, tub, or
bed; nail and skin care; oral hygiene; toileting and elimination; safe transfer
and ambulation; normal range of motion and positioning; and adequate nutrition
and fluid intake. (b) Orientation: Before allowing PCAs or other employees to meet
consumers in person, the provider shall ensure that the PCAs or other employees
successfully completed orientation that, at a minimum, addressed the following
topics: (i) The provider's
expectations of employees. (ii) Person-centered
care. (iii) The provider's ethical standards. (iv) An overview of the provider's personnel
policies. (v) The organization and lines of communication of the
provider's agency. (vi) Incident reporting. (vii) Emergency procedures. (viii) Standard
precautions for infection control, including hand washing and the disposal of
bodily waste. (c) Additional training: The provider shall ensure that each PCA
successfully completes additional training and competency evaluation if the PCA
is expected to perform activities for which the PCA did not receive training or
undergo competency evaluation under paragraph (B)(4)(a) of this
rule. (d) In-service training: The provider shall retain records to
show that each PCA successfully completes six hours of ODA-approved in-service
training every twelve months. Agency- and program-specific orientation do not
count toward the six hours. If the PCA is also a homemaker aide (aide)
according to rule 173-3-06.4 of the Administrative Code, the provider may
consider six hours of successfully-completed in-service training as an aide to
count for the six hours required by this paragraph. (e) Acceptable training, orientation, and competency
evaluation. (i) An organization other
than the provider may provide the orientation and training required in
paragraphs (B)(4)(b) to (B)(4)(d) of this rule. Any training successfully
through https://mylearning.dodd.ohio.gov/ or
https://collinslearnng.com/home-health-care/ is approved. (ii) The portion of
training that is not competency evaluation may occur online. (iii) The portion of
competency evaluation that involves return demonstration only qualifies as
competency evaluation under paragraph (B)(4)(a) of this rule if it is conducted
in person. (f) Verification of compliance with PCA qualifications and
requirements: (i) The provider shall
either retain copies of certificates of completion earned by each PCA after the
PCA meets qualifications/requirements under paragraph (B)(4) of this rule for
successfully completing any training and competency evaluation program,
orientation, additional training, and in-service training under paragraph
(B)(4) of this rule or record the following information for each PCA, and
retain it, if it does not appear on the PCA's certificate of completion
(or if the PCA did not receive a certificate of completion): name of the school
or training organization, name of the course, training dates, and training
hours successfully completed. (ii) If a person meets
the initial qualifications to be a PCA under paragraph (B)(4)(a) of this rule
by successfully completing a nurse aide training and competency evaluation
program described in paragraph (B)(4)(a)(i) of this rule, the provider shall
retain a copy of the search results from ODH's nurse aide registry
(https://nurseaideregistry.odh.ohio.gov/Public/PublicNurseAideSearch) to verify
the registry listed the person as "active," "in good
standing," or "expired." (iii) If a person meets
the initial qualifications to be a PCA under paragraph (B)(4)(a) of this rule
only by the previous employment experience described in paragraph
(B)(4)(a)(iii) of this rule, the provider shall also retain records to verify
the person's name, the former employer's name and contact
information, the former supervisor's name, the date the person began
working for the former employer, and the date the person stopped working for
the former employer. (5) PCA supervisors, PCA trainers, and
PCA testers: (a) Qualifications: The provider may allow only an RN or LPN to
be a PCA supervisor, PCA trainer, or PCA tester. (b) PCA supervisor visits: (i) Initial: The PCA
supervisor shall visit each consumer in person at the consumer's home to
define the expected activities of the PCA and develop a written or electronic
activity plan with the consumer either before allowing a PCA to provide an
episode of service to the consumer or during the PCA's initial episode of
service to the consumer. During a state of emergency declared by the governor
or a federal public health emergency, the PCA supervisor may conduct the visit
by telephone, video conference, or in person at the consumer's
home. (ii) Subsequent: The PCA
supervisor shall visit the consumer in person at the consumer's home at
least once every sixty days after the PCA's initial episode of service
with the consumer to evaluate compliance with the activities plan, the
consumer's satisfaction, and the PCA's performance. The PCA
supervisor may conduct subsequent visits with or without the presence of the
PCA being evaluated. During a state of emergency declared by the governor or a
federal public health emergency, the PCA supervisor may conduct subsequent
visits by telephone or video conference, unless an emergency requires visiting
the consumer in person at the consumer's home. (iii) Verification: In
the consumer's record, the PCA supervisor shall retain a record of the
initial visit and each subsequent visit that includes either of the
following: (a) For an in-person
visit, the date of the visit, an indication that the visit occurred in person
at the consumer's home, the PCA supervisor's name, the PCA
supervisor's unique identifier, the consumer's name, and a unique
identifier of the consumer or the consumer's caregiver. During a state of
emergency declared by the governor or a federal public health emergency, the
provider may verify that the PCA supervisor provided the initial or subsequent
visit without collecting a unique identifier of the consumer or the
consumer's caregiver. (b) For a visit by
telephone or video conference, the date of the visit, an indication of whether
the visit was provided by telephone or video conference, the PCA
supervisor's name, the consumer's name, and evidence that a visit
occurred by telephone or video conference (e.g., a record automatically
generated by telehealth software, a record showing that the PCA
supervisor's phone called the consumer's phone, or clinical notes
from the PCA supervisor). (6) Provider's
policies: (a) The provider shall develop, implement, comply with, and
maintain written or electronic policies on all the following
topics: (i) Job
descriptions. (ii) Qualifications to
provide personal care. (iii) Incident reporting. (iv) Obtaining the consumer's written or electronic
permission before releasing information concerning the consumer to
anyone. (v) The required content, handling, storage, and retention
of consumer records. (vi) The provider's ethical standards. (vii) Assistance with self-administration of
medication. (b) The provider shall make its policies available to all
employees and provide to ODA or the AAA upon request. (7) Service verification: (a) The provider is subject to section 121.36 of the Revised
Code. (b) The following are the mandatory reporting items for each
episode of service that a provider retains to comply with the requirements
under paragraph (B)(9) of rule 173-3-06 of the Administrative
Code: (i) Consumer's
name. (ii) Service
date. (iii) PCA's arrival
time. (iv) PCA's departure
time. (v) Description of the
activities provided. (vi) Service
units. (vii) Name of each PCA in
contact with the consumer. (viii) The unique
identifier of each PCA in contact with the consumer to attest to providing the
service. (ix) The unique
identifier of the consumer or the consumer's caregiver to attest to
receiving the service. (c) During a state of emergency declared by the governor or a
federal public health emergency, the provider may verify each episode of
service provided without collecting the unique identifier of the consumer or
the consumer's caregiver. (C) Unit of service: A unit of personal
care is one hour of personal care. Providers may report partial hours to two
decimal places (e.g., "0.25 hours").
Last updated July 2, 2024 at 9:52 AM
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Rule 173-3-06.6 | Older Americans Act: transportation.
(A) Definitions for this
rule: (1) "Transportation" means a service that transports a
consumer from one place to another through the use of a provider's vehicle
and driver, and which may, or may not, include providing the consumer with
assistance to safely enter and exit the vehicle. "Transportation"
does not include the following: (a) Trips otherwise available, or funded by, Ohio's medicaid
program or another source. (b) Trips provided through a similar service in this chapter or
Chapter 173-4 of the Administrative Code. (2) "Board of
EMFTS" means the state board of emergency medical, fire, and
transportation services created under section 4765.02 of the Revised
Code. (3) "Bus" has
the same meaning as in section 4513.50 of the Revised Code. (4) "CLIA-certified
laboratory" means a laboratory that ODH lists as a "CLIA Lab" in
active status on the "Long-Term Care, Non Long-Term Care, & CLIA
Health Care Provider Search"
(http://publicapps.odh.ohio.gov/eid/Provider_Search.aspx). (5) "First
responder" has the same meaning as in division (A) of section 4765.01 of
the Revised Code. (6) "EMT" means
any of the emergency medical technicians defined in division (A), (B), or (C)
of section 4765.01 of the Revised Code. (B) Requirements for every AAA-provider
agreement for transportation paid, in whole or in part, with Older Americans
Act funds: (1) General
requirements: (a) The AAA-provider agreement is subject to rule 173-3-06 of the
Administrative Code. (b) Availability: The provider shall possess a back-up plan that
describes the process for transporting or notifying consumers when the driver
or vehicle is unavailable. (c) Assisted transportation: The AAA-provider agreement shall
list situations when drivers need to provide consumers with assistance to
safely enter and exit vehicles, pick-up locations, and drop-off
locations. (2) Vehicle
requirements: (a) Maintenance: The provider shall maintain vehicles according
to the manufacturer's maintenance schedule for each vehicle used to
transport consumers. If the vehicle includes a wheelchair lift, the provider
shall maintain the wheelchair lift according to the manufacturer's
maintenance schedule for the wheelchair lift. (b) Inspections: The provider shall conduct the following
inspections on each vehicle used to transport consumers. If the vehicle
includes a wheelchair lift, the provider's inspection shall include
inspecting the wheelchair lift: (i) An annual vehicle
inspection on an ODA-approved form. The provider may use a vehicle for
transporting consumers only if a mechanic who is certified by the national
institute for automotive service excellence (i.e., "ASE-certified"),
or another mechanic approved by the AAA, inspected the vehicle no more than
twelve months before and answers all questions on the form in the
affirmative. (ii) A daily vehicle
inspection on an ODA-approved form. The provider may use a vehicle only if,
before providing the first trip of the day, the provider inspected the vehicle
and answers all questions on the form in the affirmative. (c) Vehicles deemed to comply: (i) A vehicle possessing
a current, valid ambulance or ambulette license is deemed to comply with
paragraphs (B)(2)(a) and (B)(2)(b) of this rule by providing the AAA with
evidence of the vehicle's current, valid ambulance or ambulette
license. (ii) A bus displaying a
current, valid safety-inspection decal issued by the state highway patrol under
Chapter 4501-52 of the Administrative Code is deemed to comply with paragraph
(B)(2)(b)(i) of this rule. Providers using a vehicle with a current, valid
safety-inspection decal issued under section 4513.52 of the Revised Code may
demonstrate compliance with paragraph (B)(2)(b)(i) of this rule by providing
the AAA with evidence of the vehicle's current, valid decal. (3) Driver
requirements: (a) Statutory requirements to hire: The provider may hire a
person to be a driver only if the person meets all the requirements for drivers
under divisions (A)(3) and (B) of section 4766.14 of the Revised Code, as
amplified in paragraph (A)(8) of rule 4766-3-13 of the Administrative Code,
subject to the following conditions: (i) The applicant's
first-aid training and cardiopulmonary-resuscitation training came from a
training organization approved by the board of EMFTS
(https://ems.ohio.gov/medical-transportation-licensing/help/help). (ii) The applicant's drug test results came from a
CLIA-certified laboratory and declared the applicant to be free of alcohol,
amphetamines, cannabinoids (THC), cocaine, opiates, or phencyclidine
(PCP). (iii) The provider complies with the background-check requirements
in Chapter 173-9 of the Administrative Code, which exempts an applicant for a
volunteer driver position and an applicant for a position solely involving
transporting consumers while working for a county transit system, regional
transit authority, or regional transit commission. (b) Additional requirements to hire: The provider may hire a
person to be a driver only if the person meets all the following
requirements: (i) The applicant has
held a current, valid driver's license for at least two
years. (ii) The applicant holds
any driver's license endorsement necessary to operate the type of vehicle
the applicant would drive. (iii) The applicant has
the ability to understand written, electronic, and oral
instructions. (iv) The applicant has
the ability to provide transportation assistance. (v) The applicant has the
ability to comply with the trip-verification requirements in paragraph
(B)(4)(a) of this rule. (c) Passenger-assistance training: The provider may retain a
driver only if the driver successfully completes a passenger-assistance
training course approved by the board of EMFTS
(https://ems.ohio.gov/medical-transportation-licensing/help/help) no later than
six months after the provider hires the driver. (d) Professionals deemed to comply: Providers hiring an applicant
who is one or more of the following professionals may demonstrate compliance
with paragraphs (B)(3)(a), (B)(3)(b), and (B)(3)(c) of this rule by providing
the AAA with evidence the applicant is such a professional: (i) An ambulette driver. (ii) An EMT or first
responder or a candidate to be an EMT or first responder who passed the board
of EMFTS' curriculum for an EMT or first responder, but has not yet
obtained a current, valid certification for either profession. (iii) A driver for a county transit system, regional transit
authority, or regional transit commission. (4) Trip verification: The following are
the mandatory reporting items for each trip provided that a provider retains to
comply with the requirements under paragraph (B)(9) of rule 173-3-06 of the
Administrative Code: (a) Consumer's name. (b) Type of trip (transportation or assisted
transportation). (c) Date of trip. (d) Pick-up location and time of pick-up. (e) Destination location and time of drop-off. (f) Driver's name. (g) The unique identifier of the consumer or the consumer's
caregiver to attest to receiving the trip. During a state of emergency declared
by the governor or a federal public health emergency, the provider may verify
each trip provided without collecting the unique identifier of the consumer or
the consumer's caregiver if the provider collects the unique identifier of
the driver to attest to providing the trip. (C) Unit and rate: (1) A one-way trip is one
unit of transportation. (2) The unit rate in an
AAA-provider agreement reflects the provider's fully-allocated costs,
including administrative and training costs.
Last updated October 30, 2024 at 3:27 PM
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Rule 173-3-06.10 | Older Americans Act: legal assistance.
Effective:
October 1, 2024
(A) "Legal assistance" means
legal advice, counseling, or representation by an attorney to consumers with
economic or social needs, and includes, to the extent feasible, counseling or
other appropriate assistance by a paralegal or law student under the direct
supervision of an attorney; and counseling or representation by a non-lawyer
where permitted by law. (1) "Legal
assistance" includes advice, counseling, or representation on any of the
following topics: (a) Public benefits. (b) Advance directives and designating surrogate decision
makers who will effectuate consumers' wishes if they become
incapacitated. (c) Defense of guardianship. (d) Available housing options, including low-income housing
programs that allow independence in homes and communities. (e) Foreclosure or eviction proceedings that jeopardize the
ability to stay independent in homes and communities. (f) The full benefit of appropriate long-term care private
financing options. (g) Long-term financial solvency and economic
security. (h) Consumers' rights when transferring from long-term
care facilities to home and community-based services. (i) Elder abuse, neglect, and exploitation. (2) "Legal assistance" does not
include any of the following activities or advice, counseling, or
representation on any of the following activities: (a) Fee-generating cases, unless other adequate
representation is unavailable. (b) Political activities. (c) Lobbying. (d) Public demonstration, picketing, boycott, strike,
unless permitted by law in connection with employment. (e) Encouraging or coercing others to demonstrate, picket,
boycott, or strike. (f) Criminal defense. (B) Requirements for every AAA-provider
agreement for legal assistance paid, in whole or in part, with Older Americans
Act funds: (1) The AAA-provider
agreement is subject to rule 173-3-06 of the Administrative Code. (2) The provider is subject to the
following standards for coordination: (a) The requirement under 42 U.S.C. 3027(a)(11) and 45
C.F.R. 1321.93(f)(2)(xi)(D) to coordinate with existing legal service
corporation project grantees in the PSA to concentrate the use of funds
provided on individuals with greatest need. Legal services corporation grantees
in Ohio can be identified on
https://www.lsc.gov/grants/our-grantees/ohio-state-profile. (b) The requirement under 42 U.S.C. 3027(a)(11) and 45
C.F.R. 1321.93(e)(2)(iv) to coordinate with the private bar over legal
assistance that the private bar may provide on a pro bono or reduced-fee
basis. (c) The requirement under 42 U.S.C. 3027(a)(11) and 3058j
to coordinate with ODA's legal assistance developer. (d) The requirement under 42 U.S.C. 3058(h)(8), 45 C.F.R.
1321.93(d)(4), 1324.13(h)(1)(i), and 1324.15(g), and rule 173-14-18 of the
Administrative Code to coordinate with ombudsman programs. (e) The requirement under section 5101.63 of the Revised
Code for mandatory reporters of abuse, neglect, and exploitation. (f) The opportunity to coordinate with adult protective
services according to 45 C.F.R. 1324.406. (g) The opportunity to coordinate with the Ohio state
health insurance information program (3) The provider is subject to the
priorities for providing legal assistance in 42 U.S.C.
3027(a)(11)(E). (4) A person may qualify to provide legal
assistance only if the person meets all the qualifications in 45 C.F.R. 1321.93
and is authorized to practice law in Ohio. (5) The legal assistance provider may ask
about a consumer's financial circumstances only as a part of the process
of providing legal advice, counseling, or representation, or to identify
additional resources and benefits for which the consumer may be
eligible. (6) No provider may use
Older Americans Act funds to pay bar association dues or supreme court
registration fees. (7) The provider and AAA
are subject to the reporting requirements under 45 C.F.R. 1321.73(b). For the
provider, this includes the requirement to collect and report de-identified,
aggregated case-level data via the legal assistance reporting tool developed by
ACL under 42 U.S.C. 3012(a)(23), as provided by the contracting AAA. For the
AAA, this includes the requirement to collect data from contracted provider(s)
and submit one comprehensive legal assistance reporting tool to ODA by December
thirty-first of each year. (8) Service verification: The following
are the mandatory reporting items for each episode of legal assistance that a
provider retains to comply with the requirements under paragraph (B)(9) of rule
173-3-06 of the Administrative Code: (a) Service date. (b) Type of legal assistance provided (advice, counseling,
or representation). (c) Units of legal assistance provided. (d) Name of professional providing the legal
assistance. (C) Units: A unit of legal assistance is
one hour of provision of legal assistance, which a provider reports in partial
hours per day to two decimal places (e.g., "0.25 hours" or "1.50
hours").
Last updated October 1, 2024 at 8:50 AM
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Rule 173-3-06.13 | Older Americans Act: volunteer management.
Effective:
October 1, 2024
(A) Definitions for this
rule: (1) "Volunteer
management" means coordination of the recruitment, screening, training,
placement, and evaluation of volunteers to expand the provision of
aging-related home and community-based services. (a) "Volunteer management" may include any of the
following: (i) Ensuring that
consumers have access to a full range of home and community-based services and
civic-engagement programs through the management of existing volunteer
opportunities and the development of new volunteer opportunities. (ii) Coordination with
organizations that have experience in providing training, placement, and
stipends for volunteers or participants in community-based
settings. (iii) Collecting methods
of success and best practices in recruiting volunteers, retaining volunteers,
and resolving the rate of volunteer turnover. (b) "Volunteer management" does not include any
of the following: (i) Paying a volunteer unless through an americorps senior
program. (ii) Fundraising, unless the requirements of 45 C.F.R.
1321.9(c)(2)(ii)(D) are met. (2) "Volunteer"
means a person who participates in a volunteer opportunity that supports
consumers or family caregivers, or a person who is an older adult who
participates in a volunteer opportunity, without compensation for their time
and effort, unless the person participates through an americorps senior
program. (3) "Volunteer
opportunity" includes, but is not limited to, any of the following
activities when a volunteer provides them: (a) Assistance at congregate dining locations and
delivering meals to consumers. (b) Routine transportation activities, or escort, but not
transportation under rule 173-3-06.6 of the Administrative Code. (c) Repair and weatherize the homes of low-income consumers
with a disability. (d) Counsel in a variety of areas including health,
nutrition, legal, and financial. (e) The senior medicare patrol program or another program
through which volunteers empower and assist consumers to prevent, detect, and
report health care fraud, errors, and abuse. (f) Mentoring younger generations. (g) Supporting families and caregivers. (h) Addressing social isolation. (i) Volunteer guardian program. (j) Assistance with household tasks, but not home
maintenance and chores under rule 173-3-06.2 of the Administrative
Code. (k) Ohio senior health insurance information program
(OSHIIP) or other benefits information programs. (4) "Volunteer
opportunity" does not include any of the following: (a) An ombudsman
volunteer program. (b) Fundraising, unless
the requirements of 45 C.F.R. 1321.9(c)(2)(ii)(D) are met. (B) Requirements for every AAA-provider
agreement for volunteer management paid, in whole or in part, with Older
Americans Act funds: (1) The AAA-provider
agreement is subject to rule 173-3-06 of the Administrative Code. (2) Chapter 173-9 of
Administrative Code does not apply to volunteers. (3) The provider is
responsible for determining the number and kind of volunteers, volunteer
opportunities, volunteer time required, and volunteer roles. (4) The provider is
responsible for completing all of the following activities: (a) Recruiting and screening, including the
following: (i) Receiving specific
requests for volunteers. (ii) Advertising for
volunteers. (iii) Screening applicant
volunteers, including screening to assure that no volunteer has an unremedied
conflict of interest when participating in a volunteer
opportunity. (iv) Determining
appropriate work assignments. (b) Training, including the following: (i) Determining training
content for volunteers and staff, including program policies and
procedures. (ii) Training volunteers
initially and ongoing. (iii) Training staff in
volunteer use. (c) Placing and supervising, including the
following: (i) Developing policies
and procedures for staff supervision of volunteers. (ii) Developing a job
description for volunteer responsibilities and tasks. (iii) Placing volunteers
in appropriate work assignments (d) Evaluating, including the following: (i) Evaluating volunteer
performance in a volunteer opportunity. (ii) Evaluating staff
performance with volunteers. (iii) Obtaining staff
evaluations of volunteers. (iv) Obtaining volunteer
self-evaluations. (v) Evaluating the
volunteer opportunity. (5) Service verification: The following
are the mandatory reporting items for each volunteer opportunity that a
provider retains to comply with the requirements under paragraph (B)(9) of rule
173-3-06 of the Administrative Code: (a) Type of volunteer opportunity. (b) Date of volunteer opportunity. (c) Number of volunteers placed to serve in the volunteer
opportunity. (d) Total volunteer service hours per volunteer
opportunity. (C) Units: A unit of volunteer management
is an hour managing volunteers who provide services to consumers or older
adults who participate in a volunteer opportunity.
Last updated October 1, 2024 at 8:52 AM
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Rule 173-3-06.14 | Older Americans Act: disease prevention and health promotion service.
Effective:
November 1, 2024
(A) Definitions for this
rule: (1) "Disease prevention and health
promotion service" has the same meaning as in 42. U.S.C.
3002. (2) "Evidence-based" means that a disease
prevention and health promotion service complies with 42 U.S.C. 3030m and 45
C.F.R. 1321.89. (3) "Non-evidence-based" means that a disease
prevention and health promotion service does not comply with 42 U.S.C. 3030m
and 45 C.F.R. 1321.89. (B) Requirements for every AAA-provider
agreement (agreement) for a disease prevention and health promotion service
paid, in whole or in part, with Older Americans Act funds: (1) The agreement is
subject to rule 173-3-06 of the Administrative Code. (2) The agreement
stipulates that Title III-D Older Americans Act funds may pay for only an
evidence-based disease prevention and health promotion service. (3) The agreement
stipulates that Title III-B and Title III-E Older Americans Act funds may pay
for a non-evidence-based disease prevention and health promotion
service. (4) The provider is
responsible for maintaining any license, permission, or other agreement
necessary to provide the type of service, brand of service, or copyrighted or
proprietary materials described in the provider's bid for the service and
in the AAA-provider agreement. (5) Service verification: The following
is the mandatory reporting item for each episode of service that a provider
retains to comply with the requirements under paragraph (B)(9) of rule 173-3-06
of the Administrative Code: service date. (C) Units: A unit of a health promotion
and disease prevention service is one session.
Last updated November 1, 2024 at 7:43 AM
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Rule 173-3-07 | Older Americans Act: consumer contributions.
Effective:
January 1, 2023
(A) Introduction: All services paid, in whole or in part, with Older Americans Act funds are subject to voluntary contributions. All services paid, in whole or in part, with Older Americans Act funds are subject to cost sharing, except for services excluded by paragraph (C)(1) of this rule. All consumer contributions for services paid, in whole or in part, with Older Americans Act funds are subject to the requirements contained in 42 U.S.C. 3030c-2 and 45 C.F.R. 1321.67. (B) Voluntary contributions: Each AAA is subject to the federal mandate under 42 U.S.C. 3030c-2 to consult with relevant service providers and older individuals in the AAA's planning and service area (PSA) to determine the best method for accepting voluntary contributions. (1) A provider may do the following: (a) Solicit consumers to contribute toward the cost of the services received and encourage any consumer to contribute if the consumer's self-declared income is at, or above, one hundred eighty-five per cent of the federal poverty guidelines, which the United States department of health and human services establishes annually according to 42 U.S.C. 9902 and publishes on https://aspe.hhs.gov/poverty-guidelines. (b) Develop a suggested contributions schedule for voluntary contributions according to 45 C.F.R. 1321.67, but not use the schedule or any other means test to determine if a consumer is eligible to receive a service. (2) A provider shall do the following: (a) Clearly inform each consumer that contributions are purely voluntary. 42 U.S.C. 3030c-2 and 45 C.F.R. 1321.67 do not allow means testing or denial of a service to a consumer who does not contribute of the cost of the service. (b) Protect the privacy and confidentiality of each consumer with respect to the consumer's contribution or lack of contribution. (c) Safeguard and account for all voluntary contributions. (d) Use collected voluntary contributions to expand the services for which consumers contributed, and supplement Older Americans Act funds for those services. (C) Cost sharing: (1) All services paid, in whole or in part, with Older Americans Act funds are subject to cost sharing, except for the following services: (a) Information and assistance, outreach, benefits counseling, case management, disease prevention, health promotion, or volunteer placement. (b) Education, training, or a support group provided through the national family caregiver support program. (c) Congregate and home-delivered meals. (d) Ombudsman, elder abuse prevention, legal assistance, or another consumer-protection service. (2) Each AAA shall implement and administer a cost-sharing policy that includes all of the following: (a) The following sliding-fee schedule, which determines the consumer's suggested cost-share percentage of the actual (or partial) contracted cost of a unit of a service based upon the consumer's individual income as a percentage of the federal poverty guideline. Under no circumstances may an AAA permit or obligate a consumer to participate in cost sharing when the consumer's income is below one hundred fifty per cent of the federal poverty guideline. | INCOME | SUGGESTED COST SHARE | | 149% and below | 0% | | 150-174% | 10% | | 175-199% | 20% | | 200-224% | 30% | | 225-249% | 40% | | 250-274% | 50% | | 275-299% | 60% | | 300-324% | 70% | | 325-349% | 80% | | 350-374% | 90% | | 375%and above | 100% |
(b) A requirement to determine the consumer's income solely by the consumer's self-declaration of income with no requirement for verification, and no consideration of the consumer's assets, savings, or other property. (c) A procedure for collecting cost-sharing payments from consumers, including from consumers receiving participant-directed services. (d) A prohibition against denying services paid, in whole or in part, by Older Americans Act funds due to the income of the consumer or the consumer's failure to make a cost sharing payment. (e) A requirement to widely distribute written materials to consumers that describe the requirements for cost sharing, the services subject to cost sharing, the procedure for cost sharing, the sliding-fee schedule published in this rule, and a statement that a provider is prohibited from denying services paid, in whole or in part, by Older Americans Act funds due to the income of the consumer or the consumer's failure to make a cost sharing payment. (f) A requirement to provide a receipt to a consumer or caregiver who makes a payment. (g) A procedure for safeguarding and accounting for all cost-sharing funds collected. (h) A requirement to retain records of all cost-sharing funds collected. (i) A requirement to keep the consumer's declaration or non-declaration of income and cost-sharing payment history confidential. (j) A requirement to use the funds collected from cost sharing to expand the capacity to provide the service for which the funds were given, unless the funds are used to expand the pool of funds from which the care-coordinated services are paid. (3) The AAA may request a waiver of the requirement in paragraph (C)(2) of this rule to implement and administer a cost-sharing policy. ODA shall approve the request if the AAA demonstrates to ODA, by a preponderance of the evidence, one of the following: (a) At least eighty per cent of the consumers in the PSA have incomes below one hundred fifty per cent of the federal poverty guidelines. (b) Cost sharing would be an unreasonable administrative or financial burden on the AAA.
Last updated January 3, 2023 at 8:36 AM
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Rule 173-3-09 | Older Americans Act: administrative hearings for adversely-affected providers.
Effective:
January 1, 2023
(A) Introduction: (1) A provider may
request an administrative hearing ("hearing") to appeal any adverse
action that an AAA has taken against the provider. (2) AAAs and ODA shall
honor all written or electronic hearing requests subject to the conditions in
this rule. (3) A hearing under this
rule is not an adjudication hearing under Chapter 119. of the Revised
Code. (B) AAA-level hearings: (1) Process: Each AAA
shall publish on its website or in a document that is readily accessible by
providers its process for any provider to appeal an adverse action related to
an AAA-provider agreement (agreement) paid, in whole or in part, with Older
Americans Act funds. (2) Final AAA decision:
An AAA that conducts an administrative hearing shall forward the
provider's request for the hearing and the AAA's final decision on
the matter to ODA no later than five days after the date the AAA renders its
final decision. If the fifth day falls on a weekend or legal holiday, the
deadline is extended to the day immediately following the fifth day that is not
on a weekend or legal holiday. (C) ODA-level hearings: (1) AAA first: A provider
may request an administrative hearing before ODA only if the provider fully
complied with the process for appealing an adverse action by the AAA that
committed the adverse action and if that AAA has rendered its final decision on
the appeal. (2) Request a hearing: A
provider may submit a written or electronic request to ODA if it does so no
later than fifteen days after the date the AAA renders its final decision and
if the request describes the adverse action the provider is appealing and why
the provider believes the AAA's decision on the matter was inappropriate.
If the fifteenth day falls on a weekend or legal holiday, the deadline is
extended to the day immediately following the fifteenth day that is not on a
weekend or legal holiday. (3) Scheduling a hearing:
After ODA receives the request for an administrative hearing, ODA shall, in a
timely manner, schedule a hearing and select a hearing officer to preside over
the hearing. (4) Hearing
process: (a) The hearing officer shall afford an adequate opportunity for
both the provider and the AAA to present their positions and provide evidence,
but may limit or terminate the discussion/testimony under any one or more of
the following conditions: (i) The provider or the
AAA is unruly or combative. (ii) The provider's
or AAA's discussion/testimony is unnecessarily redundant. (iii) The provider and
the AAA entered into a settlement that resolved the adverse action(s) that
prompted the hearing. (iv) The provider
withdraws its request for the hearing in writing or email. (b) The hearing officer shall make an audio recording of the
hearing unless ODA pays for a court reporter to record the
hearing. (c) The hearing officer shall review the testimony or evidence
collected at the hearing, then transmit the testimony, evidence, and the
hearing officer's recommendations to ODA regardless of whether the
AAA's action was appropriate. (5) Final ODA decision:
ODA shall render its final decision on the appeal no later than thirty days
after the date of the hearing and shall issue the decision and the rationale
for the decision to the provider and the AAA. If the thirtieth day falls on a
weekend or legal holiday, the deadline is extended to the day immediately
following the thirtieth day that is not on a weekend or legal
holiday. (D) Hearings vs. court
cases: (1) A provider may seek
redress from a court without waiting for the final decision of an AAA-level
hearing or ODA-level hearing. (2) If a provider files a
lawsuit against the AAA or ODA, the AAA or ODA may terminate any in-progress
hearing that the provider requested from the AAA or ODA. (E) As used in this rule, "adverse action" means an
AAA's action concerning a particular provider to not award an agreement;
to not renew a renewable agreement; to prematurely terminate an agreement; or
to terminate a multi-year agreement for the agreement's second, third, or
fourth year.
Last updated January 3, 2023 at 8:37 AM
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