Chapter 3304-4 | Personal Care Assistance Program

Rule 3304-4-01 | Definitions for the personal care assistance program.

• Effective: December 8, 2025
• Promulgated Under: 119.03

The following terms are used throughout Chapter 3304-4 of the Administrative Code:

(A) "Applicant" means a person who has applied for services from the personal care assistance (PCA) program.

(B) "Assistant" means a person who provides personal assistance services.

(C) "Competitive employment" means full-time or part-time work in the competitive labor market in an integrated setting and for which earnings are at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled; and for which the minimum earnings are equivalent to at least twenty-five hours per week at the minimum wage. In the case of self-employment, full-time or part-time work that yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or similar tasks and who have similar training experiences and skills; and for which the minumum net profit earnings are equivalent to at least twenty-five hours per week at the minimum wage.

(D) "Days" means business days.

(E) "Eligible Individual" means a person who is eligible to receive personal care assistance (PCA) program funding for wages and related employer costs paid for personal assistance services through the PCA program.

(F) "Employed" means engaged in competitive employment.

(G) "Employer costs" means costs incurred as a result of employing a personal care assistant as a W-2 employee or 1099 contractor.

(H) "Integrated setting" with respect to an employment outcome, means a setting typically found in the community in which persons with a disability interact with persons who do not have a disability, other than service providers, to the same extent that non-disabled persons in comparable positions interact with other persons.

(I) "PCA program" means the OOD personal care assistance program.

(J) "Personal assistance services" means services that help a person who has a severe physical disability perform the activities of daily living.

(K) "OOD" is an acronym for the opportunities for Ohioans with disabilities agency that administers the personal care assistance (PCA) program.

(L) "Deferral of services" means that an individual is eligible for funding from the PCA program, but resources or funds are projected to be inadequate to meet the service needs of all eligible individuals, and therefore that eligible individual will not receive funding from the PCA program until they are released from deferral of services.

(M) "Severe physical disability" means a physical impairment that substantially limits a person's functional capability to engage in major life activities, thus requiring assistance with a minimum of three of the following activities of daily living:

(1) Ambulating - the ability to move about, with or without devices like canes, crutches, walkers, manual or power wheelchairs;

(2) Bathing - getting in and out of the shower/tub, ensuring safety while bathing, applying cleansing agent, rinsing, and drying;

(3) Bladder care - managing the use of a catheter and urine bag;

(4) Bowel program - regular emptying of the bowels for cleansing and health;

(5) Communication services - assisting with verbal, written, and signed communication;

(6) Dressing - selecting clothing, putting on and taking off clothing/prosthesis (including fastening and unfastening clothing articles/prosthesis);

(7) Driver services - assistance with transportation with a driver who is not compensated through other funding sources;

(8) Eating - getting food or drink from a plate/bowl to the mouth, chewing, and swallowing;

(9) Fine motor activities - coordinating small muscles of hand, fingers, toes, wrists, lips, tongue, including the ability to grasp, pick up, and release objects;

(10) Grooming - hair care, nail care, oral hygiene, and skin care (including applying or removing makeup);

(11) Household chores - cleaning, organizing and maintaining the space in the home;

(12) Laundry - washing, drying, folding, hanging, ironing, and mending clothing and household items;

(13) Meal preparation - planning meals, obtaining groceries, opening food packages, safely using kitchen appliances, and cooking/reheating meals;

(14) Medication management - obtaining, organizing, and maintaining medications, and taking medications as directed;

(15) Physical therapy exercises - therapeutic exercises to promote optimal physical functioning and pain management, including range of motion exercises;

(16) Reading services - oral presentation of text;

(17) Record keeping - preparing and managing correspondence, filing, completing forms, writing personal checks;

(18) Toileting - using a toilet/bedpan/urinal, changing incontinence supplies or feminine hygiene products, and self-cleansing, including a formal bowel program;

(19) Transfers / repositioning - moving from one position to another; and

(20) Ventilator maintenance - monitoring and promoting the safe use of a ventilator, including suctioning.

(N) "ADL" means activities of daily living which is a person's routine daily self-care activities. Specific ADLs are defined in paragraph (M) of this rule.

Last updated December 8, 2025 at 7:33 AM

Supplemental Information

Authorized By: 3304.41
Amplifies: 3304.41
Five Year Review Date: 12/8/2030
Prior Effective Dates: 7/1/1996, 10/9/2007, 11/14/2013, 11/15/2024

Rule 3304-4-02 | Personal care assistance program.

• Effective: December 8, 2025
• Promulgated Under: 119.03

(A) The purpose of the personal care assistance (PCA) program described in this rule shall be to provide funds to pay for personal assistance services to enable eligible individuals with severe physical disabilities to work and/or to transition to or from employment. OOD shall administer this (PCA) program.

(1) An eligible individual's priority group for PCA services shall be documented and enforced in the event that resources or funds are projected to be inadequate to meet the service needs for all eligible individuals. Eligible individuals shall be served based on the rank order of priority groups listed as follows:

(a) The first priority group shall include eligible individuals who are competitively employed by meeting the definition of competitive employment, according to paragraph (C) of rule 3304-4-01 of the Administrative Code.

(b) The second priority group shall include eligible individuals who are ready for employment and are prepared to actively engage in job seeking activity. Eligible individuals may participate in this priority group for a lifetime maximum of twelve months and shall demonstrate active job seeking activity. This lifetime maximum may be reassessed by the PCA program if there are significant changes determined on a case-by-case basis. Eligible individuals in this priority group must have an open vocational rehabilitation case.

(c) The third priority group shall include eligible individuals who are preparing for employment and engaging in an approved training that is leading to a specific employment outcome and is state licensed/accredited, if applicable. Eligible individuals within this priority group shall have a period of time, as determined by the PCA program, to complete the occupational/vocational/job skills training program. Eligible individuals in this priority group must have an open vocational rehabilitation case.

(d) The fourth priority group shall be closed to new applicants.

This priority group may contain eligible individuals who, due to an adverse change in medical condition or are permanently retiring from employment, no longer meet the requirements to remain in a higher priority group. Eligible individuals may participate in this priority group for a lifetime maximum of six months.

(B) OOD's duties and responsibilities for administration and management of the PCA program shall include but not be limited to the following:

(1) Establishing a maximum hourly service rate the eligible individual shall apply to wages to be paid to the assistant;

(2) Establishing a maximum rate for related employer costs;

(3) Establishing the maximum number of hours of funding available to eligible individuals;

(4) Determining the need for community rehabilitation programs and, if warranted, negotiating terms with them for operating the PCA program at the local level, as described in paragraph (D) of this rule;

(5) Determining a person's eligibility to receive personal assistance services funds under the PCA program based on the assessment described in paragraph (C) of this rule;

(6) Evaluating the PCA program to ensure efficiency and to determine ways to improve its effectiveness;

(7) Monitoring the PCA program for fraud or abuse;

(8) Determining eligibility for the PCA program and assigning eligible individuals into priority groups;

(9) Evaluating each eligible individual annually to determine the continued need for personal assistance services; and.

(10) Determining if resources or funds are projected to be adequate to serve eligible individuals.

A deferral of services may be implemented if OOD determines PCA program resources or funds are inadequate.

(C) To be eligible for the PCA program, a person shall:

(1) Be an Ohio resident twenty-one years old or older with a severe physical disability;

An individual who was determined eligible for and receiving services from the PCA program as of December 31, 2024, shall remain eligible for the program even if they are under the age of twenty-one and therefore do not meet the age requirement.

(2) Exhaust all available resources before receiving funds from the PCA program;

(3) Demonstrate need beyond other funding sources. If a person is receiving personal assistance services from another funding source, documentation shall be submitted to the PCA program to determine if personal assistance services funds from the PCA program would be duplicative;

(4) Require not less than six consecutive months of personal assistance services;

(5) Be willing to receive services within Ohio unless otherwise approved;

(6) Demonstrate the ability to instruct and supervise an assistant about the person's needs as described in paragraph (D)(3) of this rule or arranging for such supervision or instruction;

(7) Demonstrate a level of self-direction to live outside an institution, within the person's family unit or independently with this support;

(8) Agree that the person's need for continuing personal assistance services shall be subject to periodic re-evaluation; and

(9) During re-evaluations for PCA program eligibility, eligible individuals shall demonstrate the ability to follow PCA program guidelines, including but not limited to, timely and accurate invoicing, compliance with submitting required documentation by specified time frames, and updating the PCA program on any and all applicable changes in income and employment, job seeking, progress in training, and changes in their vocational rehabilitation case within ten business days of the change.

(D) To be eligible for selection by OOD to operate this PCA program at the local level, a community rehabilitation program shall be a nonprofit and, as its purpose, shall exist at least in part to provide services to persons with disabilities. The community rehabilitation program's duties and responsibilities shall include, but not be limited to, the following:

(1) Seeking and identifying persons who have a severe physical disability and who may be eligible for the PCA program;

(2) Pre-screening persons according to the criteria in paragraph (C) of this rule by using guidance provided by OOD;

(3) Assessing a person's need to receive personal assistance services funds through the PCA program. The assessment shall include, but not be limited to, determining the ability to instruct and supervise assistants, to maintain schedules and records or to arrange for such functions to be carried out;

(4) Assessing a person's eligibility for the PCA program;

(5) Providing resources regarding assistant management training to eligible individuals to include, but not be limited to, training in how to recruit assistants, how to conduct interviews and screen applicants, and how to supervise and instruct assistants on tasks required;

(6) Assisting OOD to evaluate each eligible individual's need for continued personal assistance services;

(7) Serving the community as an information resource on personal assistance services; and

(8) Providing information and referral services about other financial assistance and social service programs that assist persons who have severe physical disabilities toward employment and/or independent living.

(E) OOD shall provide funding to an eligible individual for wages to be paid for personal assistance services received and, if applicable, approved employer costs (up to the established OOD maximum rates). Payment will be issued to the eligible individual for services received by the eligible individual and approved employer costs.

(F) The eligible individual's responsibilities shall include but not be limited to:

(1) Screen, interview, select, instruct, and supervise assistants or arranging for such functions to be carried out;

Eligible individuals shall not use OOD PCA program funding to employ an assistant who is also their legal guardian.

(2) Pay the assistant's wages in a timely manner agreed upon by the eligible individual and the assistant;

Payment to the assistant should occur no later than two weeks or within the specified time frames established by the PCA program after receipt of the invoiced funds from OOD.

(3) Research and comply with applicable employer tax laws;

(4) Complete the re-evaluation within the specified time frames as established by the PCA program;

(5) Ensure assistants perform tasks that are related to the eligible individual's ADLs and not beyond that scope, such as performing work tasks or other activities that are not considered ADLs;

(6) Maintain financial documentation for audit purposes, such as assistant time sheets, signed and dated receipts, and copies of canceled checks to assistants;

(7) If applicable, pay employer costs in a timely manner as required by law; and

(8) Eligible individuals shall also follow PCA program guidelines including, but not limited to, regular invoicing, compliance with submitting required documentation by established time frames, and updating the PCA program on any and all applicable changes such as income and employment, job seeking, progress in training, and changes in their vocational rehabilitation case within ten business days of the change.

Last updated December 8, 2025 at 7:34 AM

Supplemental Information

Authorized By: 3304.15(C)(1), 3304.41
Amplifies: 3304.41
Five Year Review Date: 12/8/2030
Prior Effective Dates: 11/15/2024

Rule 3304-4-03 | Grievances.

• Effective: December 8, 2025
• Promulgated Under: 119.03

(A) Applicants and eligible individuals shall be informed in writing of their grievance rights under this rule at the time they are notified of an OOD action that affects the provision or denial of a PCA service.

(B) A person may file a grievance concerning a decision that affects the provision or denial of personal care assistance services. The grievant shall submit the grievance in writing to the OOD executive director within thirty days of the notification of the provision or denial of services.

(C) PCA shall offer a grievant an informal review with the OOD PCA program manager or designee within ten business days of OOD receiving the grievance. If a grievant accepts the offer of an informal review, they shall confirm acceptance in writing within five days of receiving the offer.

(1) PCA shall schedule an informal review within fourteen business days of receiving the acceptance of the informal review offer.

(2) The PCA program manager or designee shall provide the individual with an informal resolution in writing no later than ten business days after the informal review is held.

(D) If a grievant does not accept the informal resolution offered by PCA, the grievant may request an administrative hearing by notifying the PCA program manager or designee within ten business days of OOD sending the PCA program manager or designee's informal resolution to the grievant.

(E) If a grievant does not accept the offer of an informal review, they may request an administrative hearing by notifying the OOD PCA program manager or designee within ten business days of the offer for informal review.

(F) The grievant shall be served with notice of the administrative hearing in accordance with section 119.07 of the Revised Code.

(G) The administrative hearing shall be conducted in accordance with Chapter 119. of the Revised Code.

Last updated December 8, 2025 at 7:34 AM

Supplemental Information

Authorized By: 3304.15(C)(1), 3304.41
Amplifies: 3304.41
Five Year Review Date: 12/8/2030
Prior Effective Dates: 10/29/2018, 11/15/2024

Rule 3304-4-04 | Disciplinary infractions.

• Effective: December 8, 2025
• Promulgated Under: 119.03

(A) An eligible individual shall be determined as noncompliant with the personal care assistance (PCA) program for the following disciplinary infractions:

(1) A determination by the Ohio department of taxation, the bureau of workers' compensation, the Ohio department of job and family services, or the internal revenue service of non-payment of employer costs required by federal, state, and local law;

(2) Failure to submit W-2, 1099, or other pertinent tax documents to the appropriate authorities;

(3) Failure to pay an assistant for all services provided to the eligible individual for which they invoiced to OOD and/or failure to pay an assistant within two weeks after receipt of invoiced funds from OOD or within the specified time frames established by the PCA program;

(4) Paying an assistant for services not rendered;

(5) Using any PCA program funds as personal income;

(6) Make, present, or use any information knowing it to be false and submitting it to OOD or to the local community rehabilitation program;

(7) Misrepresenting the need for PCA program funds to OOD or to the local community rehabilitation program during application or any other time thereafter;

(8) Not responding within a specified time frame to a request for information or for a home visit by a local community rehabilitation program and/or OOD;

(9) Failure to report permanent change of residency;

(10) Violation of any requirement contained in Chapter 3304-4 of the Administrative Code;

(11) Failure to complete the annual review within the specified time frames;

(12) Failure to complete a fiscal audit within the specified time frames;

(13) Failure to produce any documentation requested by the PCA program within the specified time frames;

(14) Pattern of missing deadlines for submitting required documentation to the PCA program;

(15) Failure to report applicable changes in income status, employment status, job seeking status, training status, or changes in their vocational rehabilitation case to the PCA program within ten business days from the change;

(16) Failure to comply with PCA program rules, including individualized case decisions; and

(17) Receipt of more than one written notice from the PCA program over the course of the PCA program case for any of the above disciplinary infractions, or other suspicious activity.

(B) The PCA program shall conduct a case review to determine if an infraction occurred that results in noncompliance.

(1) The PCA program may ask the eligible individual for additional information to determine if an infraction has occurred, when appropriate. The eligible individual shall be provided with a clear submission deadline when additional information is requested.

(2) The eligible individual may be placed on a temporary suspension (invoices on hold) during the case review and/or pending the submission of information.

(C) The PCA program shall make a case decision determining if an infraction occurred and therefore an eligible individual's case is noncompliant with the PCA program's requirements. If it is determined that an infraction occurred and the case is noncompliant, the PCA program shall implement corrective action.

(D) Should the PCA program determine that an eligible individual's case is noncompliant and thereby requires corrective action, the PCA program may take any of the following, but not limited to, measures based on its review of the severity and or pattern of noncompliance as determined by the PCA program:

(1) Written reminder of the PCA program's requirements;

(2) Additional case requirement(s) implemented to facilitate compliance;

(3) Funding suspension (forfeiture of funds); and

(4) Removal from the PCA program.

The PCA program may set a time frame where an application will not be accepted from an individual who was removed from the PCA program.

(E) The PCA program shall implement corrective action for any case decision with a finding of noncompliance within five business days of the determination.

(F) The eligible individual shall be notified in writing of the decision to implement corrective action.

(G) The eligible individual may initiate the grievance process pursuant to rule 3304-4-03 of the Administrative Code regarding any PCA program case decision.

(H) The seriousness of the infraction may dictate that the case is subject to review by authorities outside of the PCA program. This review may result in additional actions from those authorities, such as criminal charges issued and prosecution in a court of law. Cost recovery may be invoiced as part of corrective action and shall take into account any additional eligible individual response and supplemental documentation provided, which may mitigate cost recovery amounts. Eligible individuals shall have forty-five days to submit any amount payable to OOD. If the amount owed to OOD is not paid within forty-five days of receipt of the notice of invoiced questioned cost, the account shall be submitted to the attorney general for collection pursuant to section 131.02 of the Revised Code.

Last updated December 8, 2025 at 7:34 AM

Supplemental Information

Authorized By: 3304.15(C)(1), 3304.41
Amplifies: 3304.41
Five Year Review Date: 12/8/2030
Prior Effective Dates: 10/9/2007