(A) The statewide system of payment for early intervention services (EISOP) is the payer of last resort and shall only be utilized when no other funding source is available for a needed early intervention service identified on the IFSP for an infant or toddler with a disability.
(B) The department may enter into an agreement with and pay early intervention service providers who are:
(1) Providers for the bureau for children with medical handicaps;
(2) Providers for the Ohio medicaid program; or
(3) Other provider types as determined necessary by the director.
(C) The department may pay an early intervention service provider authorized under rule 3701-8-02 of the Administrative Code for services provided to families determined unable to pay for services in accordance with rule 3701-8-08.1 of the Administrative Code as long as the early intervention service is listed on the infant or toddler's IFSP.
(D) The early intervention service provider shall maintain documentation for purposes of supporting the delivery of service and to provide an audit trail. Documentation shall, at a minimum, include:
(1) The date inclusive of day, month, and year that the activity was provided;
(2) The full legal name of the individual for whom the activity was provided;
(3) A description of the service, procedure, and method provided, as well as the location where the service was provided;
(4) The duration in minutes of time in and time out of the activity provided;
(5) A description of the progress demonstrated by the eligible individual toward written goals in the IFSP; and
(6) The signature or initials of the person delivering the service on each entry of service delivery. Each documentation recording sheet shall contain a legend that indicates the name typed or printed, title, signature, and initials of the person delivering the service to correspond with each entry's identifying signature or initials.
(E) The department may conduct audits, reviews, investigations, or any other activities necessary to assure an early intervention service provider is compliant with the rules in this chapter, the terms of the grant, contract, or agreement entered into by the provider and other federal and state program-related requirements.
(1) Based on the results of an audit, review, investigation, or other activities, the department may seek legal recourse, including but not limited to, recoupment of funding related to over payments, misuse, fraud, waste, abuse or noncompliance.
(2) In the event that the director of health would take action as described in this rule or in rule 3701-8-02.1 of the Administrative Code, the provider may request reconsideration of the decision in accordance with paragraph (C) of rule 3701-8-02.1 of the Administrative Code.