173-38-01 Introduction and definitions.

(A) Introduction: Chapter 173-38 of the Administrative Code regulates the medicaid-funded component of the assisted living program created under section 5111.89 of the Revised Code (See Chapter 173-51 of the Administrative Code for rules on the state-funded component of the assisted living program.)

(B) Definitions for Chapter 173-38 of the Administrative Code:

(1) “Assisted living program” (“program”) means the home and community-based medicaid waiver program created under section 5111.89 of the Revised Code that provides consumers in the program with the assisted living service under rule 173-39-02.16 of the Administrative Code and, in some cases, the community transition service under rule 173-39-02.17 of the Administrative Code, if the consumers reside in a residential care facility and would otherwise receive services in a nursing facility if the waiver program was not available.

(2) “Authorized representative” means a person, eighteen years of age or older, who is chosen by, and acts on behalf of, an individual who is applying for, or receiving, medical assistance. In accordance with rule 5101:1-38-01.2 of the Administrative Code, the individual must provide a written statement naming the authorized representative and the duties that the named authorized representative may perform on the individual’s behalf.

(3) “CDJFS” means “county department of job and family services.”

(4) “Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.

(5) “ODA” means “the Ohio department of aging.”

(6) “ODA’s designee” has the same meaning as “PASSPORT administrative agency” in section 173.42 of the Revised Code. The current PASSPORT administrative agencies are the area agencies on aging listed in rule 173-2-04 of the Administrative Code plus”Catholic Social Services of the Miami Valley.”

(7) “ODJFS” means “the Ohio department of job and family services.”

(8) “Service plan” (aka, “care plan”) means the written outline of the services that ODA’s designee expexts a provider to furnish to a consumer.

Effective: 09/29/2011

R.C. 119.032 review dates: 07/13/2011 and 09/29/2016

Promulgated Under: 119.03

Statutory Authority: 173.01, 173.02, 5111.89

Rule Amplifies: 5111.89

Prior Effective Dates: 07/16/2006, 09/18/2009, 03/12/2011