173-9-03.1 Reviewing databases (for the self-employed).

(A) Databases to review: Any time this rule requires a responsible party to review a self-employed provider's status in databases, the responsible party shall review the following six databases:

DATABASES TO REVIEW

SAM

https://www.sam.gov/

OIG

http://exclusions.oig.hhs.gov/

Abuser Registry

https://its.prodapps.dodd.ohio.gov/ABR_Default.aspx

Sex-Offender Search

http://www.icrimewatch.net/index.php?AgencyID=55149&disc=

Offender Search

http://www.drc.ohio.gov/OffenderSearch/Search.aspx

Nurse-Aide Registry

https://odhgateway.odh.ohio.gov/nar/nar_registry_search.aspx

(1) The United States general services administration's system for award management.

(2) The office of inspector general of the United States department of health and human services' list of excluded individuals.

(3) The department of developmental disabilities' online abuser registry that lists people cited for abuse, neglect, or misappropriation.

(4) The Ohio attorney general's sex offender and child-victim offender database.

(5) The department of rehabilitation and correction's database of inmates.

(6) The department of health's state nurse aide registry. If the applicant or employee does not present proof that he or she has been a resident of Ohio for the five-year period immediately preceding the date of the database review, the responsible party shall conduct a database review of the nurse aide registry in the state or states in which the applicant or employee lived.

(B) When to review databases:

WHEN TO REVIEW DATABASES

SELF-EMPLOYED DIRECT-CARE POSITIONS

WHEN APPLYING TO BECOME ODA-CERTIFIED OR WHEN BIDDING FOR A

AFTER BECOMING ODA-CERTIFIED OR WHEN ENTERING INTO A PROVIDER

  

PROVIDER AGREEMENT

AGREEMENT

Only delivers meals

Required

Not required

Only has access to consumers' personal records

Required

Not required

Only provides a specified once-ever service

Required

Not required

All other self-employed direct-care positions not listed above

Required

Required

(1) When the self-employed provider applies to become ODA-certified or bids for a provider agreement, the responsible party shall review the self-employed provider's status in the databases before checking the self-employed provider's criminal records.

(2) After the self-employed provider is ODA-certified or has entered into a provider agreement, the responsible party may review the self-employed provider's status in the databases at any time. But, the responsible party shall review the self-employed provider's status in the databases no less often than each time that the responsible party conducts a criminal records check according to one of the schedules in rule 173-9- 04.1 of the Administrative Code. If the self-employed provider provides services equivalent to one of the direct-care positions under paragraph (B) of rule 173-9-02 of the Administrative Code, the responsible party is not required to conduct subsequent databased reviews and criminal records checks after the self-employed provider becomes ODA-certified or has entered into a provider agreement.

(C) Disqualifying status: No responsible party shall certify a self-employed provider to provide a direct-care service, enter into a provider agreement with a self-employed provider, fail to terminate a provider agreement with a self-employed provider, or fail to revoke a self-employed provider's certification, if the self-employed person's status in the databases reveals that one or more of the databases in paragraphs (A)(1) to (A)(5) of this rule lists the self-employed provider or the database in paragraph (A)(6) of this rule lists the self-employed provider as a person who neglected or abused a long-term care facility resident or residential care facility resident or misappropriated such a resident's property.

Effective: 2/1/2015
Five Year Review (FYR) Dates: 02/01/2020
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.381, 173.391, 173.392 ; Sections 305(a)(1)(C) and 712(a)(5)(D) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2014 edition)
Rule Amplifies: 173.381
Prior Effective Dates: 01/01/2013, 04/01/2014