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Ohio Laws and Rules
(A) ODA is authorized under division (B) of section 173.35 of the Revised Code to administer the RSS program under which the state supplements the SSI payments received by aged, blind, or disabled adults under Title XVI of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A., section 1381 et seq., as amended. RSS payments are used for the provision of accommodations, supervision, and personal care services to SSI recipients who ODA determines are at risk of needing institutional care.
The rules in Chapter 173-35 of the Administrative Code govern the administration of the RSS program by ODA. The Ohio department of job and family services has also adopted rules governing this program. Those rules are located primarily in Chapter 5101:1-17 of the Administrative Code.
(B) As used in Chapter 173-35 of the Administrative Code:
(1) “Accommodations” means housing, three nutritious meals a day, meal preparation, laundry service, housekeeping, arranging transportation, social activities within the facility, recreational activities within the facility, maintenance, security service, and similar services.
(2) “Approved community living arrangement” is a living arrangement listed under paragraph (A)(1) of rule 173-35-02 of the Administrative Code.
(3) “Area agency on aging” (“AAA”) means a public or non-profit entity that has entered into a contract with ODA to develop an area plan for a particular PSA and to administer programs on behalf of ODA within the particular PSA, in accordance with Section 306 of the “Older Americans Act of 1965,” 79 Stat. 219, 42 U.S.C. 3001, as amended, and as presented in rule 173-2-01 of the Administrative Code.
(4) “Assessment” means a comprehensive, in-depth evaluation to identify an individual’s current situation, ability to function, strengths, problems, and care needs in the following major functional areas: physical health, medical care utilization, activities of daily living, instrumental activities of daily living, mental functioning, social functioning, financial resources, physical environment, and utilization of services and support.
(5) “Authorized representative” means any adult who is at least eighteen years of age who is designated to act on behalf of an individual/resident on forms JFS 07200 (“Request for Cash, Food Stamp, and Medical Assistance”) and JFS 07120 (“Residential State Supplement”).
(6) “Case manager” means a person who is all of the following:
(a) Employed by a PAA;
(b) Responsible for the planning, coordinating, monitoring, evaluation, and authorization of RSS services; and,
(c) In possession of either one of the following:
(i) A valid license to practice as a registered nurse in accordance with Chapter 4723. of the Revised Code; or,
(ii) A valid license to practice as a licensed social worker in accordance with Chapter 4757. of the Revised Code.
(7) “Case management” is a service provided by a PAA that links and coordinates the assistance provided by both paid service providers and unpaid family members and friends to enable residents with chronic functional and/or cognitive limitations to obtain the highest level of independence consistent with their capacity and their preferences for care.
(8) “CDJFS” means “county department of job and family services.”
(9) “Community setting” means one of the following:
(a) An individual’s personal residence, so long as it is not required by law to be licensed or certified; or,
(b) A temporary admission to a hospital or NF for purposes of treatment or rehabilitation.
(10) “Facility” means an approved community living arrangement, as defined in this rule, and includes the owner, employees, and volunteers who provide accommodations, supervision, and personal care services in the facility.
(11) “Immediate family member” means a married couple and the children of either member of that couple.
(12) “Individual” means a person who is requesting consideration for RSS enrollment.
(13) “Legal representative” means a person or entity that is designated to make decisions for an individual (or resident) by the individual (or resident) or by a probate court. Examples of legal representatives include guardians, conservators, and attorneys-in-fact who have been designated as such through a power of attorney, including a durable power of attorney for health care decisions.
(14) “Long-term care consultation program” means the program ODA adopted pursuant to section 173.42 of the Revised Code.
(15) “Long-term care consultation program administrator” or “administrator” means ODA or, if ODA contracts with an AAA or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
(16) “Mental health reviewing agency” means a mental health agency under contract with a mental health board to make recommendations to a PAA concerning whether a specific facility is appropriate to meet the needs of a particular individual or resident.
(17) “Nursing facility” (“NF”) has the same meaning as in section 5111.20 of the Revised Code.
(18) “ODA” means “the Ohio department of aging.”
(19) “PASSPORT administrative agency” (“PAA”) means a public or non-profit entity that has entered into a contract with ODA to provide administrative services on behalf of ODA within a particular PSA for medicaid waiver programs under the authority of ODA, the nonwaiver-funded PASSPORT program, and the RSS program.
(20) “Personal care services” means services including, but not limited to, assisting residents with activities of daily living, assisting residents with self-administration of medications in accordance with rule 3701-20-17 of the Administrative Code, and preparing special diets, if provided by the facility, in accordance with rule 3701-20-20 of the Administrative Code.
(21) “Planning and service area” (“PSA”) means a geographical region of Ohio, the boundaries of which have been determined by ODA in accordance with Section 305 of the “Older Americans Act of 1965,” 79 Stat. 219, 42 U.S.C. 3001, as amended, and as presented in rule 173-1-03 of the Administrative Code.
(22) “Protective level of care” means the designation describing an individual’s functional level pursuant to the requirements in rule 5101:3-3-08 of the Administrative Code.
(23) “Provider” means an agency or program that provides services in addition to those provided by the facility, including, but not limited to, an agency or program such as an adult protective services program, a substance abuse program, a home health care agency, a community mental health agency, or a mental retardation/developmental disabilities agency.
(24) “Resident” means an individual enrolled in the RSS program.
(25) “Residential care plan” (“RCP”) means a plan developed in consultation with the resident from the findings of the resident’s assessment which identifies the resident’s needs, desired outcomes, and the services and providers that are necessary to meet those needs.
(26) “Residential state supplement” (“RSS”) means the program administered pursuant to section 173.35 of the Revised Code.
(27) “Skilled nursing care” has the same meaning as in rule 3701-20-01 of the Administrative Code.
(28) “SSDI” means “social security disability insurance.”
(29) “Supervision” means ensuring the health, safety, and welfare of the resident by observing the resident while the resident engages in activities of daily living or other activities; reminding a resident to engage in or complete an activity of personal hygiene or other self-care activity; or, assisting a resident in making or keeping an appointment.
(30) “Supplemental security income” (“SSI”) means the benefit received under Title XVI of the “Social Security Act,” 86 Stat. 1475 (1972), 42 U.S.C. 1381, as amended.
(31) “Waiting list” means a list of individuals who have received an assessment and are determined to meet all non-financial eligibility criteria for the program.
Replaces: 173-35-01; 173-35-02
Effective: 01/01/2008
R.C. 119.032 review dates: 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35
Rule Amplifies: 173.35, 173.351
Prior Effective Dates: Eff. 10/2/95 (Emer.); 12/30/95; 1/2/98; 7/1/00; 9/29/02
(A) Only an individual who meets all of the following criteria is eligible for the RSS program:
(1) Pursuant to division (C)(1) of section 173.35 of the Revised Code, the individual resides in one of the following:
(a) An adult foster home certified under section 173.36 of the Revised Code;
(b) An adult family home, as defined in section 3722.01 of the Revised Code, that is licensed as an adult care facility under section 3722.04 of the Revised Code;
(c) An adult group home, as defined in section 3722.01 of the Revised Code, that is licensed as an adult care facility under section 3722.04 of the Revised Code;
(d) A residential care facility, as defined in section 3721.01 of the Revised Code, that is licensed under section 3721.02 of the Revised Code;
(e) A community alternative home, as defined in section 3724.01 of the Revised Code, that is licensed under section 3724.03 of the Revised Code;
(f) A residential facility of the type defined in division (A)(1)(d)(ii) of section 5119.22 of the Revised Code, that is licensed by the Ohio department of mental health; or,
(g) An apartment or room that is used to provide community mental health housing services, is certified by the Ohio department of mental health under section 5119.611 of the Revised Code, and is approved by a board of alcohol, drug addiction, and mental health services in accordance with division (A)(14) of section 340.03 of the Revised Code.
(2) A CDJFS has determined that the individual is financially eligible for medicaid in accordance with Chapter 5101:1-17 of the Administrative Code;
(3) The individual needs at least a protective level of care;
(4) The individual does not require more than one hundred twenty days of skilled nursing care during any twelve-month period, unless the individual resides in a licensed residential care facility authorized to provide skilled nursing care in accordance with section 3721.011 of the Revised Code;
(5) The individual does not have a cognitive impairment that requires the presence of another person on a twenty-four-hours-per-day basis for the purpose of supervision to prevent harm;
(6) The individual is not a participant in any home and community-based waiver granted by the United States secretary of health and human services and under Section 1915(c) of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended;
(7) The individual is not a participant in the program of all-inclusive care for the elderly (“PACE”);
(8) The individual agrees to participate in the RSS program and has signed the RSS resident agreement/release of information form; and,
(9) The PAA has a RSS vacancy.
(B) If, at any time, a resident no longer meets all the criteria of paragraph (A) of this rule, the resident is no longer eligible for the RSS program.
Replaces: 173-35-04
Effective: 01/01/2008
R.C. 119.032 review dates: 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35
Rule Amplifies: 173.35
Prior Effective Dates: Eff. 10/2/95 (Emer.); 12/30/95; 1/2/98; 7/1/00; 9/29/02
(A) To enroll in the RSS program, an individual shall submit a request to a PAA or a CDJFS shall refer the individual to a PAA in accordance with Chapter 5101:1-17 of the Administrative Code. If an individual and one or more members of the individual’s immediate family are applying the RSS program, they may elect, at the time of registration, to be considered as one individual in the selection process.
(B) Once the enrollment process is initiated, the PAA shall do the following:
(1) Record the date of the request made in paragraph (A) of this rule as the date of request for consideration for the RSS program;
(2) Record the following identifying information about the applicant:
(a) The individual’s name, address, telephone number, date of birth, and social security number;
(b) If the individual has an authorized representative, the name, address, and telephone number of the authorized representative;
(c) If the individual has a legal representative, the name, address, and telephone number of the legal representative; and,
(d) Whether the individual receives SSI benefits.
(3) Complete an assessment to determine if the applicant meets all the non-financial program eligibility criteria in rule 173-35-02 of the Administrative Code;
(4) If the applicant meets all the non-financial eligibility criteria for the RSS program, add the applicant to the waiting list; and,
(5) Allow any individual to withdraw from the waiting list at any time.
(C) A PAA shall select individuals from the waiting list for the RSS program pursuant to the following:
(1) Selection of individuals for RSS enrollment shall only occur after a PAA determines that the number of RSS residents living within the geographic region administered by that PAA is less than the maximum number of residents allocated to that PAA in accordance with rule 173-35-04 of the Administrative Code. The PAA shall enroll enough eligible individuals to raise the number of residents to the maximum authorized for that PAA.
(2) The PAA shall offer enrollment to individuals placed on the waiting list prior to July 1, 2006 who meet the requirements for enrollment described in paragraph (D) of this rule in the following order:
(a) Individuals who currently reside in a community setting, in the order in which such individuals were placed upon the waiting list.
(b) If no individuals meeting the criterion of paragraph (C)(2)(a) of this rule remain on the waiting list, then individuals who do not currently reside in a community setting, in the order in which such individual were placed upon the waiting list.
(3) The PAA shall offer enrollment to individual placed on the waiting list on or after July 1, 2006 who meet the requirements for enrollment described in paragraph (D) of this rule in the following order:
(a) If no individuals meeting the criteria of paragraph (C)(2)(a) or (C)(2)(b) of this rule remain on the waiting list, then individuals who currently reside in a NF and are currently receiving SSI benefits, in the order in which such individuals were placed upon the waiting list.
(b) If no individuals meeting the criteria of paragraph (C)(3)(a) of this rule remain on the waiting list, then individuals who are currently receiving SSI benefits, in the order in which such individuals were placed upon the waiting list.
(c) If no individuals meeting the criterion of paragraph (C)(3)(b) of this rule remain on the waiting list, then individuals who currently reside in a NF but are not currently receiving SSI benefits, in the order in which such individuals were placed upon the waiting list.
(d) If no individuals meeting the criteria of paragraph (C)(3)(c) of this rule remain on the waiting list, then all other individuals on the waiting list, in the order in which such individuals were placed upon the waiting list.
(4) If the family enrollment option described in paragraph (A) of this rule is chosen, when the first member of the family is selected for RSS enrollment, the PAA shall consider the other members of the family for enrollment in the RSS program. In such cases, when members of an immediate family are enrolled into the RSS program as a group, the PAA shall consider each member of the family individually for the purposes of counting the maximum number of residents assigned to PAA. In order to allow immediate family members to enroll in RSS at the same time, the maximum number authorized for that region may be temporarily exceeded if the immediate family members are otherwise eligible. The number of future residents shall be reduced by the number of residents by which the maximum was exceeded for this purpose.
(5) In the event that an individual on the waiting list for the RSS program has been admitted to a NF, the PAA shall ensure that a long-term care consultation was provided to the individual, pursuant to Chapter 173-43 of the Administrative Code.
(D) Prior to enrollment, the PAA shall do the following:
(1) Contact the individual. If the PAA cannot make contact with the individual selected under paragraph (C) of this rule over the course of ten working days, it shall no longer consider the individual for the RSS program unless the individual applies for the RSS program again. If the PAA is no longer considering the individual for the RSS program, in accordance with this paragraph, the PAA shall select another individual from the waiting list, in accordance with paragraph (C) of this rule;
(2) Determine whether the individual continues to meet the eligibility criteria of rule 173-35-02 of the Administrative Code;
(3) Complete form JFS 07120 (“Residential State Supplement”) for the individual and submit it to a CDJFS, in accordance with Chapter 5101:1-17 of the Administrative Code, and verify whether the CDJFS has determined that the individual meets the medicaid financial eligibility criteria;
(4) Assist the individual by locating an approved living arrangement that is capable of meeting the individual’s needs in accordance with rule 173-35-05.1 of the Administrative Code. The individual may seek admission to any approved community living arrangement in any county in Ohio;
(5) Develop a RCP with the individual and the facility that is signed by the individual, the facility, and the PAA no less than thirty days after the enrollment date; and,
(6) Provide a copy of the signed RCP to the individual and to the facility.
(E) A PAA may deny enrollment into the RSS program to an individual who fails to cooperate in the enrollment process. Failure to cooperate occurs when the individual does not perform one of the following:
(1) Apply for medicaid no later than ten working days after the date of the determination in paragraph (D)(2) of this rule; or,
(2) Select a facility for a determination of the facility’s appropriateness, in accordance with rule 173-35-05.1 of the Administrative Code, no later than thirty calendar days after the date of the determination in paragraph (D)(2) of this rule.
(F) If a PAA determines that an individual is ineligible for the RSS program, the CDJFS shall notify the individual of the right to a hearing, pursuant to division (H) of section 173.35 of the Revised Code.
(G) If a PAA determines that a resident is no longer eligible for the RSS program in accordance with paragraph (B) of rule 173-35-02 of the Administrative Code, the CDJFS shall notify the resident of the disenrollment and right to a hearing, pursuant to division (H) of section 173.35 of the Revised Code.
Replaces: 173-35-03, 173-35-05
Effective: 01/01/2008
R.C. 119.032 review dates: 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35
Rule Amplifies: 173.35, 173.351
Prior Effective Dates: Eff. 11/1/93 (Emer.); 1/30/94; 5/1/94 (Emer.); 7/24/94; 7/1/95 (Emer.); 10/2/95 (Emer.); 12/30/95; 1/2/98; 7/1/00; 9/29/02
ODA shall allocate new authorizations (i.e., “vacant slots”) in the RSS program to the PAAs based on the funds available to ODA in accordance with the following:
(A) Until the maximum number of residents is enrolled in the RSS program, ODA shall authorize the total number of possible residents for each of the PAAs as follows:
(1) The total number of residents currently enrolled in the RSS program is subtracted from the maximum number of residents. The resultant figure is the total new statewide authorizations.
(2) The total population within the geographic region administered by a given PAA for each of the five factors in table I is divided by the state population for that same factor. The resultant figures are the five population factor percentages.
(3) The five population factor percentages from paragraph (A)(1) of this rule are then multiplied by the corresponding weighted percentage in table I. The resultant figures are the five weighted population factor percentages.
(4) The five weighted population factor percentages from paragraph (A)(2) of this rule are then multiplied by the total new statewide authorizations.
(5) The sum of the five figures that result from the calculation in paragraph (A)(4) of this rule is the total new authorizations for a PAA.
Table I
age 60+ 50%
age 60+, rural/non-metropolitan 10%
minority, below poverty line 20%
non-minority, below poverty line 15%
other minority 5%
(B) If a PAA does not have sufficient individuals in the geographic area it serves to fill its new authorizations, ODA may reallocate the new authorizations to other PAAs.
Replaces: 173-35-03
Effective: 01/01/2008
R.C. 119.032 review dates: 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35
Rule Amplifies: 173.35
Prior Effective Dates: Eff. 11/1/93 (Emer.); 1/30/94; 5/1/94 (Emer.); 7/24/94; 7/1/95 (Emer.); 10/2/95 (Emer.); 12/30/95; 1/2/98; 7/1/00; 9/29/02
(A) The PAA shall assign a case manager to each resident upon enrollment in the RSS program.
(B) The PAA may only assign to a resident a case manager that is certified by ODA.
(C) Case management is not intended to supplant or replace services for which residents qualify that are provided by other providers.
(D) The case manager shall do the following:
(1) Develop a RCP in consultation with the resident that meets the resident’s needs and preferences within the program requirements;
(2) Implement and/or coordinate the delivery of services in the RCP;
(3) Make a face-to-face visit with the resident no later than thirty days after the date of enrollment and at least once every six months thereafter. More frequent monitoring may occur dependent on the resident’s situation;
(4) Update the RCP, if, after a face-to-face visit with the resident, the case manager determines that the services in the RCP are not appropriate to meet the current needs of the resident;
(5) At least annually, review and update the RCP. In the event of a change in the individual’s residence, the case manager shall update the RCP and have it signed by the resident, the facility, and the case manager no later than thirty days after the change of address;
(6) Assist the resident in accessing other medical, educational, and social services as the case manager determines that such assistance is appropriate;
(7) As the case manager determines that such assistance is appropriate, assist the resident in locating a living arrangement if the facility in which the resident resides is unable to meet the resident’s needs;
(8) Notify any providers identified on the RCP of changes in the resident’s circumstances that affect service delivery, the RCP, or any other known care and treatment plans in effect;
(9) Notify the CDJFS of any changes in the resident’s living arrangement; and,
(10) Disenroll a resident from the RSS program when the resident no longer meets the eligibility criteria.
Replaces: 173-35-06
Effective: 01/01/2008
R.C. 119.032 review dates: 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35
Rule Amplifies: 173.35
Prior Effective Dates: Eff. 11/1/93 (Emer.); 1/30/94; 5/1/94 (Emer.); 7/24/94; 7/1/95 (Emer.); 10/2/95 (Emer.); 12/30/95; 1/8/98; 7/1/00; 9/29/02
(A) The PAA shall determine whether the facility in which an individual will be residing is appropriate for the individual’s needs.
(1) When making this determination, the PAA shall seek a recommendation from the reviewing mental health agency in the county in which the facility is located if:
(a) The individual has a history of receiving mental health services; or
(b) The individual is eligible for SSDI/SSI because of a mental disability but does not have a primary diagnosis of dementia, delirium, alzheimer’s disease, or any other cognitive disorders as defined in DSM-IV.
(2) Whenever a PAA is required to seek a recommendation from a reviewing mental health agency, the PAA shall submit to the agency a written request for a recommendation within ten calendar days of the date on which the individual selected the facility. The request shall include a completed referral/recommendation form and all available information on the individual and facility.
(B) When making its determination under paragraph (A) of this rule, the PAA shall consider whether:
(1) The individual’s preferences and needs as identified in the assessment;
(2) The facility’s resident agreement indicates that the facility provides the services required by the individual;
(3) The facility is an approved community living arrangement as defined in rule 173-35-02 of the Administrative Code;
(4) The facility’s license is current or the facility is under any sanction by a licensing or certification agency that would prohibit the admission of the individual; and
(5) The facility is operating in accordance with all applicable statutes and regulations.
(C) If the PAA determines that the facility is not appropriate to meet the individual’s needs, the PAA shall notify the individual and the designated mental health reviewing agency, if applicable, as to the rationale for the determination.
(1) The PAA shall assist the individual in locating a facility which is capable of meeting the individual’s needs.
(2) If the individual is not interested in another facility, the PAA shall inform the individual of the individual’s hearing rights in accordance with Chapter 5101:6-2 of the Administrative Code and deny the individual’s application for RSS.
HISTORY: Eff 7-1-00; 9-29-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 173.02, 173.35
Rule amplifies: RC 173.35
R.C. 119.032 Review Dates: 7/15/2002 and 09/15/2007
Rescinded eff 1-1-08
(A) In accordance with Am. Sub. H. B. No. 119 of the one hundred and twenty-seventh Ohio general assembly, effective July 1, 2007, the allowable fees and financial need standards (“FNS”) for approved community living arrangements is as follows:
Community Living Arrangement Allowable Fee Personal needs allowance FNS
Adult Foster Home
Individual $ 774 $ 50 $ 824
Couple $ 1,548 $ 100 $1,648
Adult Family Home
Individual $ 774 $ 50 $ 824
Couple $ 1,548 $ 100 $1,648
Adult Group Home
Individual $ 877 $ 50 $ 927
Couple $ 1,754 $ 100 $ 1,854
Residential Care Facility
Individual $ 877 $ 50 $ 927
Couple $ 1,754 $ 100 $ 1,854
Adult Community Alternative Home
Individual $ 774 $ 50 $ 824
Couple $ 1,548 $ 100 $1,648
Adult Residential Facility
Individual $ 774 $ 50 $ 824
Couple $ 1,548 $ 100 $1,648
Adult Community Mental Health Housing
Individual $ 568 $ 50 $ 618
Couple $ 1,136 $ 100 $ 1,236
(B) The FNS for a particular community living arrangement consists of the allowable fee for that living arrangement, plus a personal needs allowance. The CDJFS uses the FNS to calculate an individual’s financial eligibility for the RSS program as specified in Chapter 5101:1-17 of the Administrative Code.
(C) The allowable fee for a particular community living arrangement is the amount an RSS resident pays to a facility. The CDJFS uses the allowable fee to calculate the amount of supplement an RSS resident receives based upon the resident’s living arrangement as specified in Chapter 5101:1-17 of the Administrative Code.
Effective: 01/01/2008
R.C. 119.032 review dates: 10/15/2007 and 01/31/2012
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.35, Section 213.20 of Am. Sub. H. B. No. 119 (127th G. A.)
Rule Amplifies: Section 213.20 of Am. Sub. H. B. № 119 (127th G. A.)
Prior Effective Dates: Eff. 7/15/82 (Temp); 12/1/82; 7/1/83 (Temp); 9/24/83; 9/1/84; 1/1/85 (Emer.); 4/1/85; 1/1/86 (Emer.); 4/1/86; 1/1/87 (Emer.); 3/20/87; 7/1/88 (Emer.); 9/1/88; 1/1/89 (Emer.); 12/2/91; 1/1/92; 3/20/92; 1/30/93 (Emer.); 5/1/93; 11/1/93 (Emer.); 1/30/94; 7/1/94; 10/1/95; 10/2/95 (Emer.); 12/30/95; 1/2/98; 7/1/00; 9/29/02
In order for an approved community living arrangement to be determined appropriate for RSS clients, the facility must agree to the following:
(A) To accept the allowable fee established in rule 173-35-07 of the Administrative Code as payment in full for all accommodations, supervision and personal care services provided by the facility to RSS residents. A facility may not request additional payment for these services from the resident, the resident’s family, or any other local, state or federal agency.
(B) To provide RSS case managers access to all RSS resident records including, but not limited to, the residents’ financial records and any mental health plans of care as defined in paragraph (E) of rule 3701-20-18 of the Administrative Code.
(C) To allow RSS residents to meet privately with their case managers.
(D) To notify an RSS resident’s case manager prior to transferring or discharging the resident to another living arrangement.
(E) To notify an RSS resident’s case manager of any significant changes in the status of an RSS resident that might affect the resident’s needs.
(F) To refrain from acting as legal guardian or power of attorney for any RSS resident unless the facility was appointed guardian or named power of attorney prior to July 1, 2000. A facility, however, may act as an individual’s/resident’s authorized representative.
(G) To maintain the appropriate licensure or certification.
(H) To return to ODJFS any RSS payment that the facility receives for an RSS resident who was disenrolled from the RSS program or left the facility prior to the beginning of the month for which the payment was made.
(I) To give a prorated portion of any living arrangement fee to an RSS client who finds it necessary to leave the facility prior to the end of the month for which the payment was made due to extenuating circumstances. Extenuating circumstances, include but are not limited to the following:
(1) The mental, emotional or physical condition of the resident requires a level of care that the facility is unable to provide;
(2) The health, safety or the welfare of the RSS resident or of another resident requires a transfer or discharge;
(3) The facility’s license has been revoked or renewal has been denied in accordance with the facility’s licensure/certification requirements;
(4) The facility closes; or
(5) The health, safety, or welfare of an individual who resides in the facility, but is not a resident or an employee of the facility, requires a transfer or discharge of the resident.
The facility shall make the payment required under this paragraph even though the resident has failed to give the minimum notice of departure that might be required by an admissions agreement or other contract between the facility and the resident.
(J) To maintain its RSS residents’ financial accounts in accordance with the facility’s licensure/certification requirements.
(K) To permit RSS residents daily access to their personal funds during regularly scheduled office hours, as specified in a posted notice available to all residents.
(L) To have RSS residents sign receipts for all funds exchanged between the resident and the facility including, but not limited to, payment for care, spending money and any purchases made on behalf of the resident by the facility. Additionally, the facility shall provide the residents with a quarterly itemized account statement. The PAA, with the resident’s permission, shall be provided this statement upon request.
(M) To arrange transportation for its RSS residents as needed. If the facility provides transportation for a charge to the resident, the facility shall provide the resident with complete information regarding the facility’s transportation policy, including information concerning costs, and other transportation options available to the resident.
(N) To refrain from charging a resident more than the usual and customary rate for providing transportation or purchasing items.
(O) To provide for the resident’s needs as determined by the PAA. If the facility is not able to meet the resident’s needs, the facility shall work with the PAA to relocate the resident to an appropriate living arrangement.
HISTORY: Eff 7-1-00; 9-29-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 173.02, 173.35
Rule amplifies: RC 173.35
R.C. 119.032 Review Dates: 7/15/2002 and 09/15/2007