5101:3-41-05 Waiting lists for home and community-based services administered by the Ohio department of developmental disabilities.

(A) Purpose

This rule sets forth the requirements of a county board of developmental disabilities to establish and maintain a waiting list for home and community-based services.

(B) Definitions

(1) "County board" means a county board of developmental disabilities established under Chapter 5126. of the Revised Code with local administrative authority.

(2) "DODD" means the Ohio department of developmental disabilities established under section 121.02 of the Revised Code.

(3) "Home and community-based services" means services provided under a medicaid-funded waiver pursuant to section 5111.871 of the Revised Code.

(4) "ODJFS" means the Ohio department of job and family services as established under section 121.02 of the Revised Code.

(5) "Waiting lists" means a list established and maintained in accordance with rule 5123:2-1-08 of the Administrative Code.

(C) Requirements

(1) County boards shall establish and maintain waiting lists for home and community-based services in accordance with rule 5123:2-1-08 of the Administrative Code.

(2) There shall be no waiting list for the following services:

(a) Medicaid state plan services.

(b) Home and community-based services for individuals already enrolled in a home and community-based services waiver administered by DODD who are assessed and determined to have a need for the services covered by the waiver in which the individual is enrolled.

(c) Home and community-based services to children who are subject to a determination under section 121.38 of the Revised Code and require the services.

(D) Due process shall be available to an individual aggrieved by an action of a county board related to the establishment or maintenance of, placement on, the failure to offer services in accordance with, or removal from a waiting list.

(E) DODD shall monitor compliance with this rule by the county boards and their contract agencies.

Replaces: 5101:3-41-05

Effective: 09/15/2011
R.C. 119.032 review dates: 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5111.85 , 5111.02
Rule Amplifies: 5111.01 , 5111.02 , 5111.85 , 5111.871 , 5123.046 , 5126.042
Prior Effective Dates: 2/15/02 (Emer.), 5/09/02