Ohio Administrative Code
Title 5123:2 - Community Services
Chapter 5123:2-9 - Home and Community-Based Services Waivers
Section 5123:2-9-27 - Home and community-based services waivers - emergency assistance under the level one waiver
Universal Citation: OH Admin Code 5123:2-9-27
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
This rule sets forth coverage and eligibility for emergency assistance under the level one waiver.
(B) Definitions
(1)
"County board" means a county board of
developmental disabilities.
(2)
"Department"
means the Ohio department of developmental disabilities.
(3)
"Emergency
assistance" means an increased amount of environmental accessibility
adaptations, homemaker/personal care, informal respite, personal emergency
response systems, remote monitoring, remote monitoring equipment, residential
respite, specialized medical equipment and supplies, or transportation
necessary to support an individual in an emergency situation.
(4)
"Environmental
accessibility adaptations" has the same meaning as in rule
5123:2-9-23
of the Administrative Code.
(5)
"Homemaker/personal care" has the same meaning as in rule
5123:2-9-30
of the Administrative Code.
(6)
"Individual"
means a person with a developmental disability or for purposes of giving,
refusing to give, or withdrawing consent for services, his or her guardian in
accordance with section
5126.043 of the Revised Code or
other person authorized to give consent.
(7)
"Individual
service plan" means the written description of services, supports, and
activities to be provided to an individual.
(8)
"Informal
respite" has the same meaning as in rule
5123:2-9-21
of the Administrative Code.
(9)
"Intermediate
care facility for individuals with intellectual disabilities" has the same
meaning as in section
5124.01 of the Revised
Code.
(10)
"Personal emergency response systems" has the same
meaning as in rule
5123:2-9-26
of the Administrative Code.
(11)
"Remote
monitoring" has the same meaning as in rule
5123:2-9-35
of the Administrative Code.
(12)
"Remote
monitoring equipment" has the same meaning as in rule
5123:2-9-35
of the Administrative Code.
(13)
"Residential
respite" has the same meaning as in rule
5123:2-9-34
of the Administrative Code.
(14)
"Service and
support administrator" means a person, regardless of title, employed by or
under contract with a county board to perform the functions of service and
support administration who holds the appropriate certification in accordance
with rule
5123:2-5-02
of the Administrative Code.
(15)
"Specialized
medical equipment and supplies" has the same meaning as in rule
5123:2-9-25
of the Administrative Code.
(16)
"Three-year
period" means the three-year period beginning with the individual's initial
enrollment date and ending three years later. Subsequent three-year periods
begin with the ending date of the previous three-year period and end three
years later.
(17)
"Transportation" has the same meaning as in rule
5123:2-9-24
of the Administrative Code.
(18)
"Waiver
eligibility span" means the twelve-month period following either an
individual's initial enrollment date or a subsequent eligibility
re-determination date.
(C) Eligibility for emergency assistance
(1)
An individual enrolled in the level one waiver shall be
eligible for emergency assistance if he or she:
(a)
Has lost his or
her present residence for any reason including legal action;
(b)
Has lost his or
her present caregiver for any reason, including death of caregiver or change in
caregiver's mental or physical status resulting in the caregiver's inability to
perform effectively for the individual;
(c)
Has been the
victim of abuse, neglect, or exploitation;
(d)
Has health and
welfare conditions that pose a serious risk to the individual of immediate harm
or death; or
(e)
Has significant changes in his or her emotional or
physical condition that necessitate substantial, expanded accommodations that
cannot be reasonably provided by the individual's present caregiver.
(2)
Eligibility for emergency assistance shall be
determined through the individual service plan development
process.
(3)
If the individual is determined to be eligible for
emergency assistance, the service and support administrator, through the
individual service plan development process, shall recommend emergency
assistance funds in an amount not to exceed eight thousand five hundred twenty
dollars within a three-year period.
(4)
If the
individual's request is denied, the county board shall give the individual
notice of the individual's due process and hearing rights under section
5160.31 of the Revised Code and
Chapters 5101:6-1 to 5101:6-9 of the Administrative
Code.
(D) Requirements for service delivery
(1)
Emergency
assistance shall be provided pursuant to an individual service plan that
conforms to the requirements of rule
5123:2-1-11
of the Administrative Code.
(2)
Emergency
assistance shall only be used to support an individual on an interim basis
until nonrecurring circumstances that present a threat to the individual's
health and welfare are resolved.
(3)
Environmental
accessibility adaptations, homemaker/personal care, informal respite, personal
emergency response systems, remote monitoring, remote monitoring equipment,
residential respite, specialized medical equipment and supplies, or
transportation provided as emergency assistance shall be provided in accordance
with Chapter 5123:2-9 of the Administrative Code.
(E) Payment standards
(1)
The service codes to be used for environmental accessibility
adaptations, homemaker/personal care, informal respite, personal emergency
response systems, remote monitoring, remote monitoring equipment, residential
respite, specialized medical equipment and supplies, and transportation when
these services are provided as emergency assistance are contained in the
appendix to this rule.
(2)
Emergency assistance shall not exceed eight thousand
five hundred twenty dollars within a three-year period.
Replaces: 5123:2-9-27
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