Ohio Administrative Code
Title 5160 - Ohio Department of Medicaid
Chapter 5160-41 - HCBS Waiver VII Program
Section 5160-41-05 - Waiting lists for home and community-based services administered by the Ohio department of developmental disabilities

(1) "County board" means a county board of developmental disabilities established under Chapter 5126. of the Revised Code with local administrative authority.

(2) "DODD" means the Ohio department of developmental disabilities established under section 121.02 of the Revised Code.

(3) "Home and community-based services" means services provided under a medicaid-funded waiver pursuant to section 5166.04 of the Revised Code.

(4) "ODM" means the Ohio department of medicaid.

(5) "Waiting lists" means a list established and maintained in accordance with rule 5123-9-04 of the Administrative Code.

(1) County boards shall establish and maintain waiting lists for home and communitybased services in accordance with rule 5123-9-04 of the Administrative Code.

(2) There shall be no waiting list for the following services:

(1) Whenever an applicant for or enrollee of a waiver program administered by DODD is affected by any action proposed or taken by DODD and/or ODM, or when action is recommended by the county board, the entity recommending or taking the action will provide medicaid due process in accordance with section 5101.35 of the Revised Code through the state fair hearing process, and as specified in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code. Such actions may include, but are not limited to, the approval, denial, or termination of enrollment or a denial or change in the level, and/or type of waiver services delivered to a waiver enrollee.

(2) If an applicant or enrollee requests a hearing, as specified in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code, the participation of DODD and the county board is required during the hearing proceedings to justify the decision under appeal.