Chapter 3701-8 | Help Me Grow Program

Rule 3701-8-01 | Definitions.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) "Accreditation" means the process by which a local implementing agency reaches the quality standards set forth by the evidence -based model.

(B) "Affiliation" means a verified association with an evidence-based home visiting model, per model standards.

(C) "Assessment" means the ongoing procedures used by qualified personnel to assess a child and family's resources, strengths, priorities, needs risks, and concerns.

(D) "Caregiver" means a parent or relative who has assumed an active role in the health and welfare of a child eligible for home visiting services.

(E) "Centralized intake and referral contractor" means any entity who enters into agreement with the Ohio department of health to provide administration and oversight of central intake activities as specified in section 3701.611 of the Revised Code or its successor. At a minimum, these activities include public awareness, child find, maintaining central directories, and referral activity.

(F) "Consent" means that written permission is provided once an individual has been fully informed of all information relevant to the activity for which permission is sought. Consent is further voluntarily given and may be revoked at any time.

(G) "Contract manager" means the designated individual who is responsible for oversight and monitoring of central intake and referral activities as outlined in this rule and in agreements entered into with the department. The contract manager and the program manager may be the same person.

(H) "Department" means the Ohio department of health.

(I) "Director" means the director of health or authorized designee.

(J) "Evidence-based home visiting model" means utilizing a model that has been determined evidence-based by the Ohio department of health (ODH), and/or the office of planning, research, and evaluation in the administration for children and families, United States department of health and human services or its successor.

(K) "Exit" means a family is no longer receiving home visiting services due to one of the following:

(1) Ineligibility due to the age of the child or length of enrollment in the home visiting program, based on the fidelity standards of the evidence-based or promising-practice model implemented;

(2) Family has graduated from the program;

(3) Loss of contact with family;

(4) Family voluntarily withdraws from the program; or

(5) Family does not meet eligibility criteria.

(L) "Family" means an eligible expectant caregiver or parent or an eligible caregiver or parent with a child at or under twenty-four months of age at the time of enrollment.

(M) "Family goal plan" means a written plan focused on achieving accomplishments agreed upon by the family.

(N) "Federal poverty level" or "FPL" means the level of household income by family size as reported in the federal register by the United States department of health and human services, published on or before April first of each year.

(O) "Fidelity" means the extent to which each program or provider, as a whole, performs in accordance with established model standards and guidelines.

(P) "Financial solvency" means an entitys ability to pay their long-term debts including any associated interest. To be considered solvent, the value of a companys or individuals assets must be greater than the sum of their debt obligations.

(Q) "Home visit" means a completed activity where screening, assessment, family goal planning, the delivery of parenting education, or referral services were facilitated in alignment with the evidence-based or promising-practice model being implemented.

(R) "Home visiting" means an evidenced-based or promising-practice service that provides expectant parents and caregivers of eligible children, particularly those considered at-risk, the necessary resources and skills to raise children who are physically, socially, and emotionally healthy and ready to learn.

(S) "Home visitor" means the qualified individual who delivers services during home visits that align with an evidence-based or promising-practice home visiting model.

(T) "Home visiting program manager" means the qualified individual responsible for the day-to-day, hands on management of the local implementing agency, and is responsible for program planning, budgeting, staffing, training, quality assurance, and evaluation.

(U) "Home visiting provider" means any local implementing agency or entity which provides home visits through a contract, grant or other agreement with the department.

(V) "Home visiting supervisor" means the qualified individual who provides the supervision of services delivered by the home visitor.

(W)

(X) "Native language" means the language normally used by an individual or family. When used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, it means the mode of communication that is normally used by that individual, such as sign language, braille, or other communication.

(Y) "Outcome" means a key measure as identified by a national or state funding organization or a evidence-based or promising-practice model.

(Z) "Parent" means an expectant caregiver or adult caregiver responsible for a child's health and well-being.

(AA) "Parenting education" means sharing age-appropriate child development information, coaching appropriate activities and behaviors, and answering questions about child development with a caregiver of a child.

(BB) "Personally identifiable information" means information which can identify an individual, including but not limited to: child's name; name of the child's parent or other family member; address of the child or child's family; a personal identifier, such as the child's social security number or identification number; a list of personal characteristics that would make the child's identity easily traceable; or other information that would make the child's identity easily traceable.

(CC) "Primary referral sources" means those individuals or agencies making referrals to the centralized intake and referral system for any home visiting service. Sources may include, but are not limited to hospital personnel, physicians, parents, caregivers, child care programs, early learning programs, local education agencies and schools, public health facilities, early intervention professionals, other public health or social service agencies, other clinics and health care providers, public agencies and staff in the child welfare system, including child protective services and foster care, homeless family shelters, and domestic violence shelters and agencies.

(DD) "Privacy practices" means the procedural safeguards providers must implement and adhere to in order to safeguard personally identifiable information and to ensure program participants are advised of their rights.

(EE) "Program manager" means the designated individual who is responsible for oversight of the home visiting program, and for maintaining compliance with home visiting statutory and rule requirements. This individual may also fill the role of contract manager and/or home visiting supervisor.

(FF) "Program referral" means the activity of making an eligible family known from a centralized intake contractor to a home visiting provider for the purposes of initiating services.

(GG) "Promising-practice home visiting model" means a model, process, product, strategy, or practice that improves (or is expected to improve) significantly upon the outcomes reached with current/status quo options and that can ultimately reach widespread effective usage, and is recommended by the Ohio department of health or the Ohio home visiting consortium as specified in section 3701.611 of the Revised Code.

(HH) "Research-informed parenting curriculum" means an education tool approved by the Ohio department of health that is used with caregivers to educate on topics related to birth outcomes and/or parenting, in which research has demonstrated effectiveness for the purpose and goals of its use.

(II) "Record" means a document, file, device, or item regardless of physical form or characteristic, including electronic format, created or received for an individual from system referral through program exit or transition.

(JJ) "Screening tool" or "screening"means the administration of a department approved, evidenced-based, or research-informed instrument that informs the assessment and/or generates needed community-based referrals. Approved screening may include, however not be limited to those instruments that inform the areas of child development, social-emotional growth, parent/caregiver depression, intimate partner violence (domestic/sexual violence and coercion), chemical and tobacco use and home safety.

(KK) "Sentinel event" means a critical incident where the safety of a child or caregiver receiving home visiting services becomes jeopardized. At a minimum, this includes a child or caregiver death, or serious abuse incidents that prompt child welfare investigation.

(LL) "Statewide data system" means the data entry platform approved by the department for central intake and referral and home visiting related services.

(MM) "System referral" means the instance when a potentially eligible family is made known to a centralized intake contractor, with the following information: child's age; child's county of residence; parent or caregivers first and last name; and telephone number; e-mail address; or mailing address.

(NN) "Transfer" means a change from one home visiting provider to another home visiting provider.

(OO) "Transition" means the family changes from one model or funding stream to another model or funding stream within the same home visiting provider agency.

Last updated January 31, 2022 at 8:50 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 7/1/2018

Rule 3701-8-02 | Home visiting program eligibility.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) The centralized intake and referral contractor shall ensure that every caregiver, parent or child referred to home visiting is determined eligible or not eligible within thirty days of the program referral, in accordance with the following:

(1) Expectant families or caregivers of a child under the age of two whose family income is not in excess of two hundred per cent of the federal poverty level, unless approved by the department; and is in accordance with the fidelity standards for the home visiting model implemented, and meets any requirements of the funding source used to provide services.

(2) Any family or caregiver referenced in paragraph (A) of this rule who is enrolled in home visiting services, may be served in accordance with the age requirements as specified in section 3701.61 of the Revised Code, or exit the program in accordance with the fidelity standards for the home visiting model being implemented.

(3) When an eligible child is in foster care placement, home visiting services shall be permitted in accordance with this chapter when family reunification, improving parenting skills and capacity are identified as goals. Accordingly, a parent or caregiver who is actively working with child welfare to regain or obtain custody shall receive services, and must be present for the service to be reimbursable as required by rule 3701-8-09 of the Administrative Code.

(B) Families will remain eligible for home visiting services as long as the child defined in paragraph (A) of this rule has not reached the age of exit as specified in section 3701.61 of the Revised Code and enrollment in services does not end. Eligibility remains with the child if transferred to another provider. If a family exits the program, eligibility will be re-determined when a new referral is made in accordance with rule 3701-8-10 of the Administrative Code.

(C) When a family or caregiver is determined not eligible for home visiting services, the central intake and referral agency shall submit a letter in person, by e-mail, or by post mail stating the reasons they did not qualify for home visiting, present other potential service options available, and the process for reconsideration. This communication must be sent to the family or caregiver within ten days of the decision.

(D) When a family or caregiver disagrees with the eligibility determination, the caregiver may request reconsideration of the decision by filing a written request with the director within thirty days of the date on the written notice. The request for reconsideration shall contain a statement of the reasons the caregiver believes the decision is incorrect or inappropriate and may include any written documentation, argument, or other materials they wish to submit. The request is filed with the director when it is received by the department. The decision of the director shall be final, and not subject to further administrative or judicial review.

Last updated January 31, 2022 at 8:50 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 8/8/2005, 7/16/2010

Rule 3701-8-03 | Standards and procedures for determining eligibility of home visiting providers.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) An entity who seeks to become a home visiting provider shall complete and submit to the department a provider application using forms approved by the director. Applicant shall also do the following:

(1) Submit documentation demonstrating the completion of the process to become a vendor with the state of Ohio as required by the Ohio department of administrative services;

(2) Submit documentation demonstrating financial solvency;

(3) Submit an implementation plan using a form approved by the director; and

(4) Submit a letter of intent to affiliate, using a form approved by the director, which includes timelines to affiliate with and implement a model that has been determined evidence-based or a promising practice by the Ohio department of health, or the office of planning, research, and evaluation in the administration for children and families, United States department of health and human services or its successor.

(B) When the department determines an applicant has met the requirements set forth in this rule, the applicant shall be notified in writing of approval or disapproval within forty-five days of the department receiving a completed application.

(C) If awarded a contract or agreement to provide home visiting services, provider shall:

(1) Designate one individual as the program manager who is responsible for oversight and monitoring;

(2) Achieve accreditation within model specified timeframes;

(3) Serve directly or subcontract to serve all individuals determined eligible in accordance with rule 3701-8-02 of the Administrative Code. When subcontracting, provider shall ensure that subcontractor meets compliance with all rules established within Chapter 3701-8 of the Administrative Code.

(D) A home visiting provider who seeks to add or change the evidence-based or promising-practice model they are implementing, or who seeks to expand services to a new county must complete and submit to the department an expansion application using a form approved by the director. If applicable, a letter of intent to affiliate will be submitted, using a form approved by the director, including timelines to affiliate with and implement an additional model that has been determined evidence-based or promsing-practice by the Ohio department of health or the office of planning, research, and evaluation in the administration of child and famlies, United States department of health and human services or its successor.

(E) An applicant who is denied a provider agreement may request reconsideration of the application in accordance with the following procedures:

(1) Submit a written request for reconsideration to the department that includes any written materials the applicant wishes to be considered so that they are received by the department no later than thirty days after the date on the notice of disapproval issued under this paragraph.

(2) The decision of the director under this paragraph shall be final and not subject to further administrative or judicial review.

Last updated January 31, 2022 at 8:50 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 8/8/2005, 9/3/2012

Rule 3701-8-04 | Personnel and supervision requirements.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) Providers shall ensure compliance with the personnel requirements for any individual used to provide home visiting services in accordance with "Equal Employment Opportunity" (EEO) laws and the following:

(1) Each individual serving in the capacity of home visitor, supervisor of home visitors, or program manager shall meet the education, training and credentialing requirements set forth in this rule;

(2) If an individual obtains the supervisor credential, they may serve in multiple roles, in accordance with fidelity standards for the home visiting model implemented;

(3) Providers shall maintain documentation of compliance with this paragraph for each program manager, supervisor of home visitors and each home visitor the provider uses through sub-contract or employment;

(4) Home visitors, supervisors of home visitors, and program managers shall avoid multiple relationships and conflicts of interest with any client/consumer-of-services, ex-clients, family members, family members of clients or ex-clients, or other persons encountered in professional or non-professional setting, which are not in the best interest of the client and might impair professional judgment or which increases the risk of client/consumer-of-services exploitation.

(B) Providers shall ensure and maintain documentation that each individual used on or after the effective date of this rule as program managers of home visitors meet the following requirements:

(1) Individual holds a bachelor's degree from a council for higher education accredited college or university in a field closely related to public health, early childhood or human services, with three years of relevant experience in serving children and families in accordance with fidelity standards for the home visiting model implemented;

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education requirements and completed training;

(4) Individuals that serve dual roles of both program manager and home visiting supervisor shall meet the requirements of the home visiting supervisor per paragraph (C) of this rule.

(C) Providers shall ensure and maintain documentation that each individual in the role of supervisor of home visitors meets the following:

(1) Except for an individual holding the position of supervisor prior to the effective date of this rule, the individual meets the education requirements for the home visiting model implemented and holds at least a bachelor's degree from a council for higher education accredited college or university in a field closely related to public health, early childhood or human services, with three years of relevant experience in serving pregnant women, children and families.

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education requirements and completed training;

(4) Individual obtains and maintains a supervisor credential as required by the department that is aligned to the evidence-based or promising-practice model for which they are providing supervision, and includes the following:

(a) Completion of department required supervisor trainings, including those required by the evidence-based or promising-practice model being implemented; and

(b) Renewal every two years from the date of initial or most recent credential date by completing at least twenty contact hours of training related to the role or target population served, any department required trainings, and is in accordance with fidelity standards for the home visiting model implemented.

(D) Providers shall ensure and maintain documentation that each individual in the role of home visitor meets the following requirements:

(1) Individual meets the educational and experience requirements in accordance with fidelity standards for the home visiting model implemented;

(2) Undergo both:

(a) A criminal background check with the Ohio bureau of criminal investigation;

(b) A background check with the Ohio central registry on child abuse and neglect.

(3) Individual completes and maintains a personal profile with the Ohio professional registry (OPR) or its successor to reflect education requirements and completed training;

(4) Individual obtains and maintains home visiting credential as required by the department that is aligned to the evidence-based or promising-practice model they are implementing, and includes the following:

(a) Completion of department required home visitor trainings, including those required by the evidence-based or promising-practice model being implemented; and

(b) Renewal every two years from the date of initial or most recent credential date by completing at least twenty contact hours of training related to the role or target population, any department required trainings, and is in accordance with fidelity standards for the home visiting model implemented.

(E) Providers shall ensure that home visitors are supervised by an individual who is qualified in accordance with rule 3701-8-04 of the Administrative Code, and delivered in a manner that is:

(1) Documented to reflect an ongoing and direct manner;

(2) Inclusive of administrative, clinical, and reflective, and/or other identified best practice; and

(3) Facilitated in accordance with the evidence-based or promising-practice home visiting model being implemented.

Last updated January 31, 2022 at 8:50 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024

Rule 3701-8-05 | Provision of home visiting services.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) All home visiting services shall be delivered in accordance with the following:

(1) Utilizing a model that has been determined evidence-based by the Ohio department of health, and/or the office of planning, research, and evaluation in the administration for children and families, United States department of health and human services or its successor; or

(2) Utilizing a model that has been determined to be a promising-practice by the Ohio department of health or the Ohio home visiting consortium as specified in section 3701.611 of the Revised Code; and

(3) All services shall be implemented in accordance with the evidence-based or promising-practice home visiting model being used.

(B) Families residing in the urban and rural communities that have the highest infant mortality rates as specified in rules adopted under section 3701.142 of the Revised Code shall receive priority for home visiting services.

(C) Each family or caregiver will be assigned a primary home visitor. Additional credentialed home visiting staff may provide services to the family upon approval of the Ohio department of health and in accordance with the standards of the evidence-based or promising-practice model being implemented.

(D) After receiving a program referral, home visiting providers shall:

(1) Make a minimum of three attempts, on different days to call, text or e-mail the caregiver, until successful contact is made, within ten business days;

(2) Schedule the initial home visit within ten business days of the successful contact with the caregiver; and

(3) Inform the family that the home visitor may need to view any one of the following documents to verify program eligibility, if not already verified by the central intake and referral agency:

(a) Current women, infants and children (WIC), Ohio medicaid, or other Ohio public assistance verification;

(b) Two most recent, consecutive pay stubs from current employment that verifies the family meets income guidelines;

(c) Military identification; or

(d) Other documentation which allows the home visitor to determine financial or military eligibility.

(E) Within thirty days of enrollment, the home visitor will review documentation to confirm eligibility for the program in accordance with paragraph (D) of this rule and document in the family record when financial criteria are used for eligibility, if eligibility has not already been verified by the central intake and referral agency.

(F) During the first visit, home visitors shall:

(1) Obtain written consent to participate in the program on a form approved by the director, which shall be placed into the record;

(2) Explain the programs goals, the structure and expectations for participation;

(3) Provide the parent or caregiver general information about the agency providing the services, as well as how to contact both the home visitor and home visiting supervisor;

(4) Provide a copy of the home visiting participants rights and privacy practices.

(G) Home visitors shall complete and document in the statewide data system a family centered assessment either within the first thirty days after the first home visit and determination of eligibility using an assessment identified and approved for use by the department or in the timeline established by the evidence-based or promising-practice model implemented.

(H) Home visitors shall complete other initial and ongoing required tools in accordance with provisions contained within the provider agreement;

(I) Home visitors shall complete a family goal plan in the statewide data system within the first ninety days after the first home visit and determination of eligibility. The family goal plan shall be reviewed and revised in accordance with the fidelity standards of the evidence-based or promising-practice modeling being implemented;

One electronic or paper copy of each family goal plan is to be provided to the family at no cost within ten days of completion or revision of the plan.

(J) Home visitors shall offer and facilitate scheduling of visits according to evidenced-based or promising-practice model fidelity standards;

(K) Home visiting providers shall inform the central intake and referral agency each time:

A child or family needs to change home visiting providers;

When starting services with a family who has been participating with another home visiting provider, the new provider shall conduct a family goal plan review within sixty days of the program referral.

(L) A family shall be exited from home visiting services in accordance with the standards of the evidence-based or promising-practice model being implemented, when any one of the following applies:

(1) The eligible child in the family reaches the maximum age allowed in accordance with the evidence-based or promising-practice model being implemented or when they reach the age of exit as specified in section 3701.61 of the Revised Code;

(2) The child moves out of the state of Ohio;

(3) Repeated attempts to visit are unsuccessful, as defined by the evidenced-based or promising-practice model being implemented, and documented in the statewide data system;

(4) The family terminates program participation.

(5) The family completes the requirements of the program based on the evidence-based or promising-practice model being implemented.

(M) When a home visiting provider exits a family due to loss of contact, the provider shall send a written correspondence via email, or post mail to the last known address containing the following information:

(1) Details of the attempts which have been made to contact the family;

(2) This notification is the last contact attempt which the home visitor will make;

(3) Contact information for the program; and

(4) Information explaining qualifications and procedures for returning to the home visiting program.

(N) Providers shall communicate to the department all sentinel events involving families served in the home visiting program within twenty-four business hours of knowledge of event. Provider shall communicate via email or telephone call to their assigned program consultant or the department's home visiting administrator.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 1/15/2015, 7/1/2018

Rule 3701-8-06 | Quality assurance and monitoring of providers.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) The department will monitor providers for compliance with the rules in this chapter; the terms of an agreement, or contract entered into by provider; quality assurance standards set forth by the model being implemented, and other applicable program-related federal and state laws.

(B) When the director determines that a home visiting provider is not in compliance with the rules in this chapter, the terms of an agreement or contract entered into by provider or other applicable program-related federal or state laws, the department shall notify the provider in writing of the specific findings and the action the department will take. Actions may include, but are not limited to:

(1) Require participation in technical assistance or training;

(2) Require a plan of corrective action setting forth how provider will correct the deficiency;

(3) Withhold future funds or require repayment of funds to the department; or

(4) Suspend or terminate provider's agreement or contract.

(C) In the event that the department would take action described in paragraph (B)(3) or (B)(4) of this rule, the provider may request reconsideration of the decision in accordance with the following procedures:

(1) Submit a written request for reconsideration to the department which includes any written materials that the provider wishes to be considered so that they are received by the department no later than ten days from the date of notice from the department.

(2) The director of health shall notify the provider in writing of the decision to take action within thirty days of receiving request for reconsideration. The director's decision is final and is not subject to further administrative or judicial review.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 8/8/2005

Rule 3701-8-07 | Data and maintenance of records.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) Providers shall oversee and ensure:

(1) Data entry, as required, into the statewide data system within ten business days of the activity, except when otherwise specified;

(2) Home visiting supervisors must process progress notes within fifteen business days of submission by the home visitor;

(3) Information entered into the statewide data system is consistent with the information in the program participant's record;

(4) All staff required to enter, or supervise the entry of data into the statewide system, complete all department required trainings;

(5) Required state and model reports regarding data quality, compliance, monitoring, goals and outcomes are completed;

(6) That prior to granting individuals initial access or reactivation of previous access to the statewide data system, individuals have completed and submitted a data system user agreement form approved by the director;

(7) Notification to the department for deactivation of access to the statewide data system upon a user's termination, resignation, or a change in scope of duties that no longer warrants access to the data;

(8) That inactive users, or those who have not logged in within sixty days have their access terminated;

(9) Adherence to section 3701.17 of the Revised Code and other applicable federal and state laws, regulations, and rules with regard to confidentiality and security of personally identifiable information;

(10) That only one record is generated for each home visiting participant, containing requirements specified in paragraph (B) of this rule.

(B) The record of every family and caregiver receiving home visiting services shall meet evidenced-based or promising-practice model implementation standards, and at a minimum contain:

(1) Documentation of eligibility for home visiting services;

(2) Screening and assessment tools administered in accordance with provider agreement;

(3) All family goal plans and family goal plan revisions;

(4) Referral and referral follow-up provided on behalf of the family, if applicable, on a form approved by the director;

(5) A consent to receive home visiting services signed by the primary caregiver on a form approved by the director. This consent shall indicate that the family was provided information on the benefits of home visiting services;

(6) Consent to release information and coordinate health and social service referrals on a form approved by the director;

(7) Copies of pertinent written correspondence received from and sent to the family, other health and/or social service providers.

(C) Records shall be retained electronically to fullest extent possible. In the event electronic record keeping is not possible, paper records shall be maintained in accordance with this chapter and must be retained for a period of six years from the date of receipt of payment for the service or until an audit is completed whichever is longer. All documentation shall be made available to the department upon request.

(D) Upon request from a home visiting participant, providers shall provide:

(1) A list of the types and locations of records collected, maintained, or used by the provider; and/or

(2) One electronic or paper copy of the complete record, free of charge and in accordance with rule 3701-8-08 of the Administrative Code.

(E) If a program participant exits services or transfers to another provider within a department supported system, the current provider shall retain the original file, and provide, with written consent from the family, an electronic or paper copy of the participant's record to the new provider in a secure fashion. Information maintained in the statewide data system shall be updated before transfer of the program participant's record.

(F) Providers shall document in the participants record a log of every request made and granted to access or receive a copy of a program participant's record. Documentation log must include the name of the requester, the date the request was received by the provider, the date access was granted to the requester, and the purpose for which the individual is authorized to see or have a copy of the record.

(G) All data is property of the department, and any research proposals whether internal or external, involving past or present participants, must first be approved by the department's institutional review board (IRB). Approval or denial of each request shall be communicated to the requesting entity.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 7/16/2010, 7/1/2018

Rule 3701-8-08 | Rights and privacy practices.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) Program participants have the following rights from the time of program referral throughout participation in home visiting services:

(1) To be informed of rights in the participant's native language, unless clearly not feasible to do so;

(2) To be fully informed of all information relevant to the activity for which written consent is sought before any service begins, to include:

(a) The administration of any assessment or screening tool;

(b) Any disclosure of service, permission, activities, or records to any requesting entity.

(3) To participate or decline to participate in home visiting services at any time and to be informed of how refusal to consent will affect the ability to receive services in the program;

(4) To revoke previously provided consents at any time;

(5) To request to review or receive a copy of the participant's record at any time during program participation and until six years past the date of receipt of payment and to either review the record or receive a copy of the record within ten days;

(6) To receive one electronic or paper copy of each completed family goal plan within ten days of request;

(7) To be fully informed of requests for personally identifiable information, to include purpose and time period of request; and to provide consent, before personally identifiable information would be shared, unless such disclosure is authorized under state and federal law;

(8) To file a complaint with the provider and with the department about program services in accordance with paragraph (B) of this rule.

(B) Providers shall provide printed materials and verbal communication informing every program participant how to file a complaint about the home visiting program, in accordance with this chapter.

(C) When a home visiting program participant files a complaint, the complaint must include the following to be sufficient:

(1) The name, address, and contact information of the program participant who is making the complaint;

(2) Complaint must be in writing and be signed by program participant;

(3) A statement describing how the department or home visiting provider has not met service expectations, or has violated a requirement of this rule;

(4) The facts on which the statement is based;

(5) The name of the home visitor and home visiting provider agency serving program participant at time of complaint;

(6) Complaint(s) must be submitted to the director within a period not to exceed sixty days from the date of the allegation.

(D) When the department receives a sufficient complaint as set forth in paragraph (C) of this rule, the department shall contact the caregiver and explain the options available for dispute resolution. The department shall investigate the complaint at no cost to the program participant. The investigation and a written decision shall be completed by the department within sixty days of receipt of a sufficient complaint.

(E) Providers shall ensure that program participants are informed, in writing, of their rights before consent to participate is sought and at least annually thereafter for the duration of program participation.

(F) Providers shall ensure that program participants provide written consent in every applicable instance related to their services as required in paragraph (A) of this rule.

(G) Except when authorized by state or federal law, providers shall ensure that prior to releasing personally identifiable information to any individual or entity, that written consent is obtained utilizing a form approved by the director, which shall include:

(1) The individual, and when applicable, agency, to whom information will be given;

(2) The type of information that will be given;

(3) The intended purpose for sharing the information;

(4) An expiration date of the consent not to exceed one year; and

(5) A signature and date the form was signed.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 7/1/2018

Rule 3701-8-09 | Criteria for reimbursement of home visiting services.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) Home visiting services shall be reimbursed per the terms and rate set forth in the provider agreement. Minutes of service provided to an eligible individual will be aggregated by covered services in accordance with paragraph (B) of this rule, within each day. The number of units of covered services is the total minutes divided by fifteen plus one additional unit if the remaining number of minutes is at least eight minutes, for each covered service.

(B) Provider shall accept reimbursement for all reimbursable services as payment in full. Services shall be reimbursed when:

(1) The provider is qualified in accordance with rule 3701-8-03 of the Administrative Code;

(2) The home visitor delivering the service meets requirements for education and training set forth in rule 3701-8-04 of the Administrative Code;

(3) All required data prescribed by the Administrative Code is entered into the statewide data system and approved by the assigned supervisor of the individual delivering the service. The supervisor shall serve concurrently as the billing approver to ensure accuracy and quality of services delivered;

(4) The service for which reimbursement is sought is allowable under paragraph (C) of this rule and are clearly identified in the family goal plan or record.

(C) Reimbursable home visiting services include:

(1) Preparing materials and information for a completed home visit;

(2) Conducting assessments, including the administration of approved screening tools, monitoring, and follow-up with families during a home visit, in accordance with timeframes specified within provider agreements;

(3) Developing and managing a family goal plan during home visits, when such goals are related to the program goals;

(4) Department approved parenting education curriculum provided to families during home visits;

(5) Referral and referral follow-up activities facilitated by the assigned home visitor to link families and caregivers to services that address identified goals or needs in the family goal plan or record;

(6) Traveling to and from the home visit;

(7) Documentation and data entry into the statewide data system.

(D) Providers may be reimbursed up to the department caps set forth in the provider agreement.

(E) Documentation for the provision of each service shall be maintained in the statewide data system for purposes of supporting payment, delivery of the service, and to provide an audit trail. Documentation shall include:

(1) The service that was provided;

(2) The date inclusive of day, month, and year that the activity was provided;

(3) The first and last name of the individual for whom the activity was provided;

(4) The duration in minutes or time in and time out of the activity provided; and

(5) The signature or initials of the person delivering the service on each entry of service delivery.

(F) Records necessary to fully disclose the extent of services provided and costs associated with these services shall be maintained for a period of six years from the date of receipt of payment based upon those records or until any initiated audit, review, investigation or other activities are completed and appropriately resolved, whichever is longer. Records shall be made available upon request to the Ohio department of health or designee. Failure to supply requested records, documentation and/or information may result in non-payment for outstanding services or recoupment of funds.

(G) The Ohio department of health, or a designee, may conduct audits, reviews, investigations, or any other activities necessary to assure a home visiting provider, its sub grantee or sub provider are compliant with federal and state requirements. Based on the results of an audit, review, investigation or other activities, the Ohio department of health may seek legal recourse, including but not limited to, recoupment of funding related to over payments, misuse, fraud waste or abuse or noncompliance with federal or state requirements from the home visiting provider.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 7/1/2018

Rule 3701-8-10 | Central intake and referral system.

• Effective: January 31, 2022
• Promulgated Under: 119.03

(A) Central intake and referral system contractors who enter into contracts, subsidy agreements, or who are awarded grant funds by the department shall be qualified nonprofit entities as defined by the Ohio department of taxation, or government entities who must:

(1) Complete the required application or submit a proposal, as applicable, by the due date set forth in the announcement of available funds;

(2) Complete the process to become a vendor with the state of Ohio;

(3) Provide the services in accordance with the terms of the contract, grant or agreement and rules in this chapter, and comply with requests, expectations and requirements of the department.

(B) Contractor shall designate one individual as the contract manager who is responsible for oversight and monitoring of the required activities of the grant, contract or agreement. Contract manager must have a minimum equivalent of a bachelors degree in public health, social work, public administration, business, or a field closely related to early childhood, from an accredited college or university.

(C) Contractors shall ensure that individuals utilized for central intake related activities possess a minimum of a high school diploma or GED, and shall complete all required training specified in the contractor's approved operational plan.

(D) Central intake and referral system contractors shall:

(1) Facilitate public awareness and outreach activities designed to engage and inform the public regarding the benefits of participating in home visiting programs. At a minimum, contractor shall develop and execute a balanced, coordinated outreach plan, consisting of activities designed to connect with families and children eligible for home visiting in the counties of contracted service. Additionally, contractor shall:

(a) Inform potential referral sources on timely identification of and process to refer potentially eligible pregnant women and caregivers of eligible children;

(b) Facilitate or participate in local community events to promote the benefits of the home visiting program;

(c) Disseminate approved information to referral sources, as well as to potentially eligible families, informing them of the benefits of home visiting;

(d) Facilitate activities that provide the opportunity to collaborate with home visiting providers, early childhood, prenatal and health care organizations and professionals;

(e) Develop and maintain a county-based directory of resources for caregivers that includes child health, child development, caregiver support, home visiting and other appropriate early childhood resources. Directory shall be updated annually, to coincide with the beginning of the state fiscal year, and must be submitted to the department upon request;

(2) Complete a screening tool and determine eligibility in accordance with section 3701.611 of the Revised Code and assign the family to the appropriate evidence-based or promising-practice model and funding stream, based on availability within the county and parental choice;

(a) Confirm eligibility for the program by verifying any of the following:

(i) Current women, infants and children (WIC), Ohio medicaid, or other Ohio public assistance verification;

(ii) Two most recent, consecutive pay stubs from current employment that verifies the family meets income guidelines;

(iii) Military identification; or

(iv) Other documentation which allows the central intake agency to determine financial or military eligibility.

(b) Enter documentation in the family record when financial criteria are used for eligiblity. If the central intake agency is not able to verify the financial documentation, the home visiting provider may obtain the documentation within thirty days of the first visit and enter into the family record.

(3) Initiate home visiting program and/or community referrals based on caregiver needs identified by screening and eligibility determination process;

(4) Maintain county wait list for home visiting services in each county when applicable.

(5) Ensure that families residing in the urban and rural communities that have the highest infant mortality rates as specified in rules adopted under section 3701.142 of the Revised Code receive priority for home visiting services.

(E) Central intake and referral system contractors must create and implement policies and procedures regarding referrals for home visiting programs in accordance with the following:

(1) Maintain and disseminate telephone numbers that begin with local prefixes, with voicemail capabilities, a fax number, and an email address for the general public to make local inquires and/or referrals;

(2) Collect the minimum information to determine family eligibility;

(3) Ensure all referrals from public children service agencies (PCSA) are facilitated on a form approved by the director, and processed within one business day of receipt.

(F) Referral information shall be entered into the department required statewide data system within one business day after the information is received.

(1) Referrals received from a home visiting provider must be completed utilizing a form approved by the department and indicate the following in order to refer the family to their chosen home visiting provider within one business day, except when a wait list exists:

(a) One successful contact with the caregiver in accordance with this rule;

(b) Completion of initial risk screen; and

(c) Demonstrate caregiver choice in accordance with this rule.

(2) Once a referral is obtained in accordance with this rule, the contractor shall make contact with the parent or caregiver in accordance with the following:

(a) The contractor shall make a minimum of three attempts, on different days to call, text or e-mail the caregiver, until successful contact is made, within fourteen days;

(b) When a caregiver's phone number or email address is not active, in-service or operable, or the referral contact information provides only a mailing address, the contractor shall send a written correspondence providing information on how to contact the central intake site if interested in services.

(c) If a successful contact with the caregiver has not been achieved after fourteen days, or a successful contact results in a caregiver communicating he or she is not interested in services, the contractor shall exit the referral in the statewide data system.

(d) All contact attempts, successful and unsuccessful, shall be documented into the statewide data system within one business day after the attempt is made.

(3) During the contact with the caregiver, the contractor shall provide information regarding any applicable services for which the caregiver may be eligible for, and obtain the following minimum information:

(a) Whether or not the caregiver is interested in participating in home visiting services;

(i) If the caregiver communicates an interest in participating in home visiting, the contractor shall then move on with the remaining requirements in this paragraph.

(ii) If the caregiver communicates that he or she is not interested in participating in home visiting services, the contractor shall exit the system referral in the statewide data system within one business day, effective the date of communication with the caregiver.

(b) If the caregiver communicates that there is a concern about the child's development, the contractor shall offer the caregiver a referral to an early intervention service coordination contractor and enter the program referral into the statewide data system within one business day.

(c) If the caregiver is interested in home visiting services, the contractor will offer the caregiver a choice of all applicable home visiting providers. A referral will be made to the home visiting provider selected by the caregiver within one business day through the statewide data system.

(i) If the caregiver's choice of provider does not have capacity to serve them, contractor must inform the caregiver that they may join the provider's wait list for services, which is maintained by the central intake contractor, or inform the caregiver that they may choose another provider for services, if one is available.

(ii) When a family is in wait listed status, evidence-based or promising-practice model fidelity standards regarding age eligiblity must be followed at the time of enrollment.

(d) Program referrals may be made simultaneously to both home visiting and early intervention services.

(4) Ensure that the referral is exited and documented as such in the statewide data system for any of the following reasons:

(a) The minimum contact attempts were made without successful contact, in accordance with this chapter;

(b) An individual declines to participate in home visiting services.

(5) The contractor shall send a completed referral follow up communication to the referral source when that source is professional in nature.

(6) When a contractor exits a referral due to loss of contact, the contractor shall send a written correspondence to the last known address or email with the following information:

(a) Details of the attempts which have been made to contact the caregiver;

(b) That this notification is the last contact attempt which central intake will make without further contact from the family;

(c) Information explaining the benefits of home visiting; and

(d) Contact information for the central intake site should the caregiver choose to reengage.

(7) For families and individuals already in the statewide data system, the following requirements apply:

(a) When the centralized intake contractor is notified by a home visiting provider that an individual has moved or another circumstance requires that the individual transfers to a new home visiting provider, the contractor is responsible for initiating the transfer in the statewide data system;

(b) Exited records shall be reopened upon any further successful contact or receipt of a new referral for the family.

Last updated January 31, 2022 at 8:51 AM

Supplemental Information

Authorized By: 3701.61
Amplifies: 3701.61
Five Year Review Date: 6/25/2024
Prior Effective Dates: 7/1/2018