Current through all regulations passed and filed through September 16, 2024
(A)
" Personal
emergency response systems" (PERS) is a service
with a monitoring, reminder and/or reporting component available to support
individuals' independence in the community. PERS include telecommunications
equipment, a central monitoring station (station), and a medium for two-way,
hands-free communication between the individual and the station. Personnel at
the station respond to an individual's alarm signal via the individual's PERS
equipment.
(B)
" PERS equipment"
means
equipment that is appropriate to meet the assessed needs of the
individual as authorized on the individual's person-centered services plan and
that
meets all of the following characteristics:
(1)
Includes an activation device
that is wearable and water-resistant
according to a
generally-accepted industry standard for water resistance to a level matching
the individual's assessed needs and preferences.
(2)
Has an internal battery providing at least
twenty-four hours of power without recharging.
(3)
Accommodates the individual's needs and
preferences .
(C)
" PERS" does not
include:
(1) Remote video monitoring of the
individual in his or her home.
(2)
Systems that connect
the individual to only emergency service personnel.
(D) PERS provider requirements. The provider
will:
(1) Ensure and maintain a record of the
successful completion of training on how to respond to alarm signals by each
staff member whose job duties include responding to alarm signals at the
station.
(2) Ensure each individual
is able to choose the PERS device that meets his or her assessed needs and
preferences as authorized by the individual's person-centered services
plan.
(3) Install and activate the
individual's PERS equipment no later than seven days after the date PERS has
been authorized on the individual's person-centered services plan by the Ohio
department of medicaid (ODM), the Ohio department of aging (ODA) or their
designee.
(4)
Train
each individual receiving PERS with the following:
(a) An initial demonstration on how to use
their PERS equipment. The demonstration can be conducted by telephone or
electronically, unless the individual's needs necessitate
an
in-person visit.
(b) A
successful return demonstration by the individual of all components of the PERS
equipment and monthly testing.
(5) Ensure the availability of language
assistance in the event the individual has limited English language
proficiency.
(6)
Consult with the individual
and case manager before activating PERS equipment
to develop an initial written response plan regarding how to proceed when an
alarm is signaled within the following
parameters.
(a) The written
response plan
includes a summary of the individual's
information regarding medical diagnosis, treatment and preferences, as well as
the contact information for the individual's designated responder.
(i) For the purpose of this rule, a
designated responder is a person or organization identified in an individual's
written response plan who the station contacts if the individual signals an
alarm and requires assistance from the designated responder.
(ii) The provider
identifies emergency service personnel on the written
response plan
only if the individual does not
designate a responder or only designates
one responder.
(b)
The provider
notifies each person the individual designated
when activating the individual's
PERS equipment and on an annual basis thereafter as part of the monthly
service
that,
at a minimum,
the individual designated the
person as a responder and to provide instructions on how to respond when
an alarm is signaled.
(c)
The
provider consults
with the individual and ODM, ODA or
their designee to identify a new designated responder in the written response
plan whenever the person the individual chooses to be a
designated responder refuses to participate or stops
participating.
(7)
Replace any
malfunctioning PERS equipment at no additional cost to
the individual, ODM, ODA, or their designee no later than twenty-four
hours after it is notified of the malfunction, or no later than twenty-four
hours after the malfunction is detected through the monthly testing of
equipment, unless the malfunction is due to the individual's apparent misuse,
abuse, or negligence of the equipment.
(8)
Provide ongoing
customer support to the individual, designated responder, ODM, ODA and its
designee upon request of one or more of those parties as part of the monthly service.
(9)
The provider will notify ODM, ODA, or
their designee, in writing, if at any time, the provider determines inability
to meet the individual's assessed needs, as identified through the individual's
person-centered services plan.
(10) Employ staff to comprise a central
monitoring station located in the United States or may subcontract with another
company to use a station located in the United States to provide the station
component of the PERS.
(11)
Maintain a primary system to receive and respond to alarm signals from
individuals twenty-four hours a day, every day of the year;
(12) Maintain a secondary system to respond
to all incoming alarm signals in case the primary system is unable to respond
to alarm signals;
(13) Respond to
each alarm signal no more than sixty seconds after it receives the alarm
signal;
(14) Notify ODM, ODA or
their designee of any emergency involving an individual no more than
twenty-four hours after the individual sends the alarm signal;
(15) Notify ODM, ODA or their designee when a
pattern of frequent false alarms has been established for an
individual;
(16) Contact emergency
service personnel in the event a provider receives an alarm signal, but the
station cannot reach a designated responder; and
(17)
Remain in
communication with the individual in the event of a
personal emergency through the two-way communication feature of the PERS
equipment until a designated responder or emergency service personnel arrives
in the individual's home, the personal emergency
subsides, or after it is determined there is no personal emergency (e.g. false alarm).
(E) PERS providers
will
maintain the following documentation for each individual receiving PERS:
(1) Date and time of equipment delivery and
installation;
(2) A copy of the
individual's initial and all subsequent written response plans;
(3) Date the individual and designated
responder received initial and annual notification from the PERS provider as
required by paragraph (D)(6)(b) of this rule;
(4) Date, time and results of monthly
testing; and
(5) Date, time and
summary of actions taken regarding service-related contacts.