Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-9 - Database Reviews and Criminal Records Checks
Section 173-9-01 - Background checks for paid direct-care positions: introduction and definitions
Universal Citation: OH Admin Code 173-9-01
Current through all regulations passed and filed through March 18, 2024
(A) Introduction: This chapter implements sections 173.38 and 173.381 of the Revised Code.
(B) Definitions for this chapter:
(1) "Area agency on aging" has the same
meaning as in section
173.14 of the Revised
Code.
(2) "Applicant" means a
person that a responsible party is giving final consideration for hiring into a
paid direct-care position that is a full-time, part-time, or temporary position
that involves providing services
to consumers through an
ODA-administered program, even if an employment service refers the person to
the responsible party. "Applicant" includes a person that a consumer
has under final consideration
for hiring as a participant-directed or self-directed provider. "Applicant"
does not include a volunteer.
(3)
"BCII" means "the bureau of criminal identification and investigation" and
includes the superintendent of BCII.
(4) "Check criminal records" means to conduct
a criminal records check.
(5)
"Community-based long-term care services" means community-based long-term care
services that are provided under any ODA-administered program.
(6) "Consumer" means a person who receives
community-based long-term care services through a program that ODA administers
. "Consumer" includes individuals
in the PASSPORT and assisted living programs and participants in
PACE.
(7) "Criminal records"
has the same meaning as "results of the criminal records check," "results," and
"report" in sections 173.38 and
173.381 of the Revised Code when
those sections use "results of the criminal records check," "results," and
"report" to refer to the criminal records that BCII provides to responsible
parties that conduct criminal records checks. Criminal records originate from
BCII unless the context indicates that the criminal records originate from the
FBI.
(8) "Criminal records check"
("check") means the criminal records check described in section
173.38 or
173.381 of the Revised Code and
Chapter 173-9 of the Administrative Code.
(9) "Database reviews" means the database
reviews
under rule 173-9-03 of the Administrative Code .
(10) "Direct-care position":
(a) "Direct-care position" means an
employment position in which an employee has either one or both of the
following:
(i) In-person contact with one or
more consumers .
(ii) Access to one or more consumers'
personal property or
records.
(b)
"Direct-care position" does not include a position
whose
sole duties are transporting people under Chapter
306. of the Revised Code (i.e., while working for a county transit
system, regional transit authority, or regional transit commission).
(11) "Disqualifying offense" means any
offense listed or described in divisions (A)(3)(a) to (A)(3)(e) of section
109.572 of the Revised
Code.
(12) "Employee" means a
person that a responsible party hired into a paid directcare position that is a
full-time, part-time, or temporary position that involves providing
services to consumers
through an ODA-administered
program, even if an employment service initially referred the person to the
responsible party. "Employee" includes a participant-directed provider and a
self-directed provider. "Employee" does not include a volunteer.
(13) "FBI" means "federal bureau of
investigation."
(14) "Fire" has the
same meaning as "terminate" in section
173.38 of the Revised Code when
the "terminate" regards firing an employee.
(15) "Hire" has the same meaning as "employ"
in section 173.38 of the Revised Code when
"employ" regards hiring an applicant.
(16)
"Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised
Code.
(17) "ODA" means "the
Ohio department of aging."
(18)
"PACE organization" has the same meaning as in rule
173-50-01 of the Administrative
Code.
(19) "PASSPORT
administrative agency" has the same meaning as in section
173.42 of the Revised
Code.
(20) "Provider" means a
person or government entity that provides community-based long-term care
services under an ODA-administered program.
(21) "Release" has the same meaning as
"terminate" in section
173.38 of the Revised Code when
"terminate" regards releasing a conditionally-hired applicant.
(22) "Request criminal records" means to
request a criminal records check, unless the context indicates that the request
is of criminal records from the FBI.
(23) "Responsible party":
(a) When hiring an applicant for, or
retaining an employee in, a paid directcare position, "responsible party" means
the area agency on aging, PASSPORT administrative agency, provider, or
sub-contractor.
(b) When hiring an
applicant for, or retaining an employee in, a paid directcare position in a
participant-direction or self-direction arrangement, "responsible party" means
the consumer .
(c) When considering a self-employed
applicant for ODA-certification under section
173.391 of the Revised Code or a
self-employed person already ODA-certified section
173.391 of the Revised Code,
"responsible party" means ODA or the
PASSPORT administrative agency.
(d)
When considering a self-employed bidder for an AAA-provider agreement under
section 173.392 of the Revised Code or a
self-employed person already in an AAA-provider agreement under section
173.392 of the Revised Code,
"responsible party" means the area agency on aging.
(24) "Retain" has the same meaning as
"continue to employ" in section
173.38 of the Revised
Code.
(25) "Reviewing databases"
means the action involved in database reviews.
(26) "Self-employed" means the state of
working for one's self with no employees. Non-agency and independent providers
are self-employed. Participant-directed providers are not self-employed because
the consumer is the employer
of record.
(27) "Sub-contractor"
means a provider that enters into a contract with a responsible party to
provide a component of one or more of the other responsible party's direct-care
positions. "Sub-contractor" includes a party that directly supplies
services to a consumer
on behalf of another
responsible party. "Sub-contractor" does not include a party that indirectly
supplies services to a consumer
by directly providing the
services to a responsible
party.
(28) "Volunteer" means a
person who serves in a direct-care position without receiving, or expecting to
receive, any form of remuneration other than reimbursement for actual expenses.
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