Rule 173-9-02 | Background checks: paid direct-care positions: applicability.
(A) Applicability: Chapter 173-9 of the Administrative Code (the chapter) applies to every every paid direct-care position unless this rule states otherwise. (ODA defined "direct-care position" in rule 173-9-01 of the Administrative Code.)
(B) Limited applicability: Although the chapter applies to any a person who is an applicant (pre-hire) for a paid direct-care position, a person who is an employee in one of the following paid direct-care positions is not required to undergo subsequent (post-hire) database reviews and criminal records checks:
(1) A direct-care position that only delivers home-delivered meals.
(2) A direct-care position that only has access to one or more consumers' (or individuals') personal records (e.g., a position in an office, kitchen, or central monitoring station).
(3) A direct-care position that only provides a one-time chore service, home maintenance, home modification, home repair, or pest control. If the person provides a subsequent episode of service to the same consumer (or individual) or to another consumer (or individual) who is enrolled in an ODA-administered program, the person shall undergo subsequent (post-hire) database reviews and criminal records checks.
(C) Inapplicability: The chapter does not apply to the following positions:
(1) A volunteer position.
(2) A position that solely involves transporting consumers or individuals while working for a county transit system, regional transit authority, or regional transit commission.
(3) A position that involves providing legal services.
(4) A position in a residential care facility.
(5) A position providing medicare-certified home health services.
(6) A position that only serves individuals who are enrolled in an ODM-administered medicaid waiver program.
(D) No implied factors: Whether a position is supervised or unsupervised, alone or never alone, enters a home or never enters a home, regulated elsewhere or not regulated elsewhere is not a factor that determines if the chapter applies to the position.
(E) Chief administrators: Requirements in the chapter for responsible parties of area agencies on aging, PASSPORT administrative agencies, agency providers, consumers, individuals, and agency sub-contractors to request, review, or retain criminal records are requirements of each responsible party's chief administrator or any person that the chief administrator designates for these tasks.
Amplifies: 173.38, 173.381; 42 C.F.R. 460.68(a), 460.71(b)(1), 460.71(b)(2) (November 15, 2016).
Five Year Review Date: 8/1/2022
Prior Effective Dates: 7/11/1991, 3/4/1997 (Emer.), 7/31/1997, 12/27/2001, 4/17/2003, 12/28/2006, 1/1/2008, 2/15/2009, 8/11/2011, 1/1/2013, 4/1/2014, 2/1/2015