5123:2-9-03 HCBS waivers - Allocation of waiver enrollment numbers to county boards.

(A) Purpose

The purpose of this rule is to establish a procedure by which HCBS waiver enrollment numbers are allocated by the department to county boards.

(B) Definitions

(1) “CMS” means the centers for medicare and medicaid services, a division of the United States department of health and human services.

(2) “County board” means a county board of mental retardation and developmental disabilities established under Chapter 5126. of the Revised Code.

(3) “Department” means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.

(4) “HCBS” means medicaid-funded home and community-based services provided under a medicaid component that the department administers pursuant to section 5111.871 of the Revised Code.

(5) “ODJFS” means the Ohio department of job and family services as established by section 121.02 of the Revised Code.

(C) The department shall allocate HCBS waiver enrollment numbers to county boards in accordance with the requirements of section 5111.872 of the Revised Code and this rule.

(D) In the event that there are not enough approved HCBS waiver enrollment numbers available to meet the requirements of section 5111.872 of the Revised Code, the department shall request that ODJFS seek permission from CMS to approve the required number of enrollment numbers. Until that time, the allocation of enrollment numbers will be prorated in such a manner that each county board receives an equal proportion of HCBS waiver enrollment numbers, but ensuring that all county boards receive at least one.

(E) The department shall inform the county board of the HCBS waiver enrollment numbers allocated to the county board pursuant to paragraphs (C), (D), and (F) of this rule, or removed from the county board’s allocation, in accordance with the notice requirements of paragraph (E) of rule 5123:2-9-01 of the Administrative Code.

(F) Any HCBS waiver enrollment numbers approved by CMS that remain unallocated to a county board after all criteria established in this rule have been met shall be retained by the department for distribution by the director based upon the needs and requests of county boards to assure compliance with divisions (A)(1) and (D) of section 5126.042 of the Revised Code.

HISTORY: Eff 4-28-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 5123.04, 5111.871

Rule amplifies: RC 5123.04, 5111.871, 5111.872

R.C. 119.032 review dates: 04/28/2008