Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-39 - Certification of Community-Based Long-Term Care Service Providers
Section 173-39-02.4 - ODA provider certification: choices home care attendant service
Universal Citation: OH Admin Code 173-39-02.4
Current through all regulations passed and filed through September 16, 2024
(A) "Choices home care attendant service" (service) means a service that provides one or more of the following activities to support the needs of an individual with impaired physical or cognitive functioning:
(1) Assisting the individual
with money management and correspondence as directed by the individual,
managing the home, handling personal affairs, and providing assistance with
self-administration of medications, as defined in rule
173-39-01 of the Administrative
Code.
(2) Assisting the individual
with ADLs and IADLs.
(3) Homemaker
activities listed in rule
173-39-02.8 of the Administrative
Code when those activities are specified in the individual's service plan and
are incidental to the activities in paragraphs (A)(1) and (A)(2) of this rule
or are essential to the health and welfare of the individual instead of other
persons living with the individual.
(4) Escort and
transportation.
(5) Providing an errand
outside of the presence of the individual that is needed by the individual to
maintain the individual's health and safety (e.g., picking up a prescription or
groceries for the individual).
(6) The activities
included in home maintenance and chores under rule
5160-44-12 of the Administrative
Code, including seasonal yard care and snow removal.
(B) Requirements for an ODA-certified provider of the choices home care attendant service:
(1) The provider is subject to rule
173-39-02 of the Administrative
Code.
(2) Availability and
scheduling:
(a) The provider shall maintain
availability to provide this service as agreed upon with the individual and as
authorized in the individual's person-centered services plan.
(b) No participant-directed provider may
provide this service in excess of the following limits:
(i) To more than five individuals per
week.
(ii) For more than forty
hours per week for any individual who employs the provider, unless the
individual's case manager authorizes working more than forty hours per week due
to an emergency that cannot be resolved by allowing another provider to provide
the service after the fortieth hour.
(iii) For more than a total of fifty-six
hours per week regardless of the number of individuals who employ the
provider.
(3)
Oversight: The individual who receives this service is the employer of record.
As used in this paragraph, "employer of record" means the individual who
employs the provider; supervises the provider; pays the appropriate state,
federal, and local taxes; and pays premiums for worker's compensation and
unemployment compensation insurance. A financial management service (FMS) acts
as the agent of the common-law employer with the participant-directed provider
the individual employs.
(4)
Provider qualifications:
(a) Initial
qualifications: A person may qualify to provide this service only if the person
meets all the following qualifications:
(i)
The person is an ODA-certified participant-directed provider or an
ODA-certified agency provider.
(ii)
The person is at least eighteen years of age.
(iii) The person has a valid social security
number and at least one of the following current, valid, government-issued,
photographic identification cards:
(a) Driver's
license.
(b) State of Ohio
identification card.
(c) United States of
America permanent residence card.
(iv) The person reads, writes, and
understands English at a level which enables the person to comply with this
rule and rule
173-39-02 of the Administrative
Code.
(v) The person is able to
effectively communicate with the individual.
(b) Qualifications to transport the
individual:
(i) If the provider intends to
transport the individual, before providing the first episode of transportation,
the provider shall show ODA's designee a valid driver's license and valid
insurance identification card to show that the provider has liability insurance
for driving a vehicle which complies with the financial responsibility
requirements in Chapter 4501:1-02 of the Administrative Code. A provider may
transport an individual in a vehicle only if ODA's designee has verified that
the vehicle is insured.
(ii) If the
provider does not intend to transport the individual, the provider shall
provide a written or electronic attestation to ODA's designee declaring the
provider will not transport the individual unless the provider complies with
paragraph
(B)(4)(b)(i) of this rule before the first episode of
transportation.
(c)
Initial training: The provider shall successfully complete any training that
the individual determined the provider needs to meet the individual's specific
needs by the deadline the individual establishes.
(d) Continuing education: The provider shall
successfully complete eight units of training that the individual determined
the provider needs to meet the individual's specific needs by the deadline the
individual establishes, but no later than the provider's anniversary
certification date. A unit of training includes a course or training activity
lasting up to an hour.
(5) Service verification:
(a) Until rule
5160-1-40 of the Administrative
Code requires a provider of this service to use EVV, the following are the
mandatory reporting items that a provider retains on a time sheet that the
individual provides through the FMS for each episode of service to comply with
the requirements under paragraph (B)(10)(a)(i) of rule
173-39-02 of the Administrative
Code:
(i) Individual's name.
(ii) Service date.
(iii) Provider's name.
(iv) Provider's arrival time.
(v) Provider's departure time.
(vi) Unique identifier of the individual to
attest to receiving the service.
(vii) Unique identifier of the provider to
attest to providing the service.
(b) The following are the mandatory reporting
items that a provider retains on a task sheet that the individual provides
through the FMS for each episode of service to comply with the requirements
under paragraph (B)(10)(a)(i) of rule
173-39-02 of the Administrative
Code:
(i) Description of the activities
provided.
(ii) Unique identifier of
the provider to attest to providing the service.
(iii) Unique identifier of the individual to
attest to receiving the service.
(C) Unit and rates:
(1) For the PASSPORT program, the appendix to
rule 5160-1-06.1 of the
Administrative Code lists the following for the choices home care attendant
service:
(a) The unit as fifteen
minutes.
(b) The maximum rate
allowable for a unit.
(2)
For the PASSPORT program, rule
5160-31-07 of the Administrative
Code establishes the rate-setting methodology for the choices home care
attendant service.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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