Ohio Administrative Code Search
| Rule |
|---|
|
Rule 173-9-03 | Background checks for paid direct-care positions: reviewing databases.
...(A) When to review: The responsible party shall review the databases listed under paragraph (B) of this rule to see if an applicant, employee, or self-employed provider has a disqualifying status in any of those databases before the deadlines for conducting a criminal records check on the applicant, employee, or self-employed provider in appendix B to rule 173-9-04 of the Administrative Code. The responsible party ma... |
|
Rule 173-9-04 | Background checks: paid direct-care positions: when to check criminal records, inform applicants, charge fees, and use forms (except for the self-employed).
...(A) Database reviews first: The responsible party shall conduct database reviews on each applicant (pre-hire) and each employee (post-hire) before conducting a criminal records check. If the database reviews disqualify the applicant or employee, the responsible party shall not conduct a criminal records check. If the database reviews did not disqualify the applicant or employee, the responsible party shall conduct a ... |
|
Rule 173-9-04 | Background checks for paid direct-care positions: who to check, procedures, deadlines, and special situations.
...(A) Who to check: The tables to appendix A to this rule determine on which applicants, employees, and self-employed providers to conduct a criminal records check with BCII. (B) Procedures: Sections 173.38 and 173.381 of the Revised Code and Chapter 109:5-1 of the Administrative Code establish the procedures for conducting criminal records checks. (C) Deadlines: The tables to appendix B to this r... |
|
Rule 173-9-04 | Background checks for paid direct-care positions: who to check, procedures, deadlines, and special situations.
...(A) Who to check: The tables to appendix A to this rule determine on which applicants, employees, and self-employed providers to conduct a criminal records check with BCII. (B) Procedures: Sections 173.38 and 173.381 of the Revised Code and Chapter 109:5-1 of the Administrative Code establish the procedures for conducting criminal records checks. (C) Deadlines: The tables to appendix B to this rule establish the de... |
|
Rule 173-9-05 | Background checks: paid direct-care positions: conditional hiring.
...(A) Applicability: (1) This rule addresses the conditional hiring of applicants for paid direct-care positions with agency providers or with consumers or individuals through participant-directed arrangements; the reasons to release conditionally-hired applicants; and the hiring of released applicants. (2) This rule does not require employees who hold paid direct-care positions to enter a conditional status when the... |
|
Rule 173-9-06 | Background checks: paid direct-care positions: disqualifying offenses.
...(A) Except as established in rule 173-9-07 or 173-9-07.1 of the Administrative Code, no responsible party shall hire an applicant, retain an employee, certify a self-employed provider, fail to revoke a self-employed person's certification, enter into an AAA-provider agreement (agreement) with a self-employed provider, or fail to terminate that agreement, if the applicant, employee, or self-employed provider was convi... |
|
Rule 173-9-06 | Background checks for paid direct-care positions: disqualifying offenses.
...(A) No responsible party may hire an applicant or subcontract with a self-employed provider, retain an employee or a self-employed provider, certify a self-employed provider, fail to revoke a self-employed person's certification, enter into an AAA-provider agreement (agreement) with a self-employed provider, or fail to terminate that agreement, if the applicant, employee, or self-employed provider... |
|
Rule 173-9-06 | Background checks for
paid direct-care positions: disqualifying offenses.
...(A) No responsible party may hire an applicant or subcontract with a self-employed provider, retain an employee or a self-employed provider, certify a self-employed provider, fail to revoke a self-employed person's certification, enter into an AAA-provider agreement (agreement) with a self-employed provider, or fail to terminate that agreement, if the applicant, employee, or self-employed provider... |
|
Rule 173-9-07 | Background checks: paid direct-care positions: hiring an applicant, or retaining an employee, who has a disqualifying offense on criminal record.
...There are four possible ways to hire an applicant, or retain an employee, if the applicant's or employee's criminal record contains a disqualifying offense: not being in an exclusionary period under paragraph (A) of this rule, limited grandfathering under paragraph (B) of this rule, obtaining a certificate under paragraph (C) of this rule, or obtaining a pardon under paragraph (D) of this rule. (A) Disqualifying off... |
|
Rule 173-9-07 | Background checks for paid direct-care positions: occasions when a disqualifying offense does not disqualify.
...Introduction: When the responsible party is an agency provider, PACE organization, ODA, AAA, or PAA, in the case of its applicants, employees, and subcontracted self-employed providers, there are four possible ways to hire an applicant or subcontract with a self-employed provider, or retain an employee or subcontracted self-employed provider, if the applicant's, employee's, or subcontracted self-employed ... |
|
Rule 173-9-07 | Background checks for paid direct-care positions: occasions when a disqualifying offense does not disqualify.
...Introduction: When the responsible party is an agency provider, PACE organization, AGE, AAA, or PAA, in the case of its applicants, employees, and subcontracted self-employed providers, there are four possible ways to hire an applicant or subcontract with a self-employed provider, or retain an employee or subcontracted self-employed provider, if the applicant's, employee's, or subcontracted self-employed provider's c... |
|
Rule 173-9-08 | Background checks: paid direct-care positions: records: confidentiality and retention.
...(A) Confidentiality: Criminal records are not public records. The responsible party shall only make criminal records available to the following people: (1) The applicant, employee, or self-employed provider who is the subject of the criminal records check or the applicant's, employee's, or self-employed provider's representative. (2) The responsible party that conducted the criminal records check or the responsible... |
|
Rule 173-9-08 | Background checks for paid direct-care positions: confidentiality and retention of records.
...(A) Confidentiality: Criminal records are not public records. The responsible party may make criminal records available only to the people or entities listed under division (I) of section 173.38 of the Revised Code or division (G) of section 173.381 of the Revised Code. (B) Records retention: (1) Personnel files: (a) What to retain: To verify compliance with this chapter, the responsible party ... |
|
Rule 173-9-08 | Background checks for paid direct-care positions: confidentiality and retention of records.
...(A) Confidentiality: Criminal records are not public records. The responsible party may make criminal records available only to the people or entities listed under division (I) of section 173.38 of the Revised Code or division (G) of section 173.381 of the Revised Code. (B) Records retention: (1) Personnel files: (a) What to retain: To verify compliance with this chapter, the responsible party shall retain the fol... |
|
Rule 173-13-04 | Confidential personal information: statutes and rules.
...The following statutes and rules make personal information maintained by ODA confidential: Section 111.43 of the Revised Code for not treating addresses of participants in the safe at home program as public records. Section 149.43 of the Revised Code for the general statute on public records. Section 173.061 of the Revised Code for records that identify recipients of golden buckeye cards. Section 173.22 o... |
|
Rule 173-13-04 | Confidential personal information: statutes and rules.
...The following statutes and rules make personal information maintained by ODA confidential: Sections 111.41 to 111.47 of the Revised Code for not treating the name, address, and other personally-identifiable information of a person as public records if the person is a certified participant in the safe at home address confidentiality program administered by the secretary of state. Section 149.43 of the Revi... |
|
Rule 173-13-04 | Confidential personal information: statutes and rules.
...The following statutes and rules make personal information maintained by ODA confidential: Sections 111.41 to 111.47 of the Revised Code for not treating the name, address, and other personally-identifiable information of a person as public records if the person is a certified participant in the safe at home address confidentiality program administered by the secretary of state. Section 149.43 of the Revi... |
|
Rule 173-13-04 | Confidential personal information: statutes and rules.
...The following statutes and rules make personal information maintained by ODA confidential: Sections 111.41 to 111.47 of the Revised Code for not treating the name, address, and other personally-identifiable information of a person as public records if the person is a certified participant in the safe at home address confidentiality program administered by the secretary of state. Section 149.43 of the Revi... |
|
Rule 173-14-01 | Definitions.
...As used in this chapter: (A) "Action plan" means a plan developed by an ombudsman in conjunction with the consumer as part of the complaint-handling process. The plan includes strategies and actions to be taken by the representative including target dates. (B) "Advocacy" means planning, preparing, and conducting community education programs, training events, and legislative and other public rela... |
|
Rule 173-14-01 | Definitions.
...As used in this chapter: "Action plan" means a plan that that an ombudsman develops in conjunction with the client as part of the complaint-handling process. The plan includes strategies and actions for the ombudsman to take and target dates for the ombudsman to meet. "Advocacy" means planning, preparing, and conducting community education programs, training events, and legislative and other public relations contac... |
|
Rule 173-14-02 | Types of representatives.
...(A) (1) There shall be three categories of representatives of the office: (a) Ombudsman associate; (b) Ombudsman specialist; and, (c) Ombudsman program director. (2) Paid staff of the office shall be certified as either ombudsman specialists or ombudsman program directors. A regional program may pay staff who perform only the duties of an associate with the approval of the SLTCO based on a... |
|
Rule 173-14-02 | Types of representatives.
...(A) (1) There shall be three categories of representatives of the office: (a) Ombudsman associate; (b) Ombudsman specialist; and, (c) Ombudsman program director. (2) Paid staff of the office shall be certified as either ombudsman specialists or ombudsman program directors. A regional program may pay staff who perform only the duties of an associate with the approval of the SLTCO based on a... |
|
Rule 173-14-02 | Types of representatives and non-representative staff; identification cards.
...(A) Representatives: (1) There are three categories of representatives of the office: (a) Ombudsman associate. (b) Ombudsman specialist. (c) Ombudsman program director. (2) Paid staff of the office are certified as either ombudsman specialists or ombudsman program directors. A regional program may pay staff who perform only the duties of an associate with the approval of the SLTCO based on ... |
|
Rule 173-14-02 | Types of ombudsman staff and non-representative individuals; identification cards.
...(A) Ombudsman: (1) There are four types of an ombudsman: (a) Ombudsman candidate. (b) Ombudsman associate. (c) Ombudsman specialist. (d) Ombudsman program director. (2) Paid staff of the office are certified as either ombudsman specialists or ombudsman program directors. A regional program may pay staff who perform only the duties of an associate with the approval of the SL... |
|
Rule 173-14-07 | Training and certification: curricula.
...(A) 45 C.F.R. 1324.13(c)(2)(iii) and 1324.13(d) establish a requirement for all program staff or volunteers who have access to residents, files, records, and other information of the ombudsman program who are subject to disclosure requirements to undergo training to be certified as an ombudsman. (B) Ombudsman associates: The certification training curricula for all candidates seeking certification as ombudsman assoc... |