Ohio Administrative Code
Title 5160 - Ohio Department of Medicaid
Chapter 5160-59 - OhioRISE
Section 5160-59-05.2 - OhioRISE home and community-based services waiver: transitional services and supports
Universal Citation: OH Admin Code 5160-59-05.2
Current through all regulations passed and filed through September 16, 2024
(A) Scope. This rule sets forth provisions governing coverage for transitional services and supports provided as part of the Ohio resilience through integrated systems and excellence (OhioRISE) 1915(c) waiver program (waiver) established in accordance with 1915(c) of the Social Security Act 42, U.S.C. 1396n (January 1, 2022).
(B) Definitions. For this rule, the following definitions apply:
(1) "Homemaker/personal
care" has the same meaning as set forth in rule
5123-9-30 of the Administrative
Code.
(2) "Transitional services
and supports" (TSS) is a service designed to provide family stability supports
for the youth, primary caregiver and family as a pathway to creating a stable
environment for the youth and the family that lives in the home. It is meant to
assist the youth, in conjunction with their family/primary caregiver, as a
means to overcome the functional limitations as identified due to the result of
the youth's intensive behaviors. TSS is used to support youth
and
their caregivers
in understanding, mitigating, and
transitioning to long term solutions for behavior challenges. TSS is used to
support a youth and their caregiver
to stabilize during a transition of
care and is not intended to de-escalate crises. TSS is an additional service
for OhioRISE 1915(c) waiver enrollees and is limited to care not otherwise covered under the state plan,
including early and periodic screening, diagnostic, and treatment (EPSDT)
covered services set forth in rule
5160-1-14 of the Administrative
Code.
(C) Eligible providers and conditions of participation.
(1)
The following providers are eligible to provide TSS under the waiver program:
(a) An entity operating in accordance with
paragraph (A)(1) or (A)(2) of rule
5160-27-01 of the Administrative
Code. Eligible rendering practitioners employed by or under contract with the
entity include those described in paragraph (A)(3), (A)(4), (A)(5), or
(A)(6)(a) of rule
5160-27-01 of the Administrative
Code.
(b) An agency provider
holding certification for homemaker/personal care services in accordance with
rule 5123-9-30 of the Administrative
Code.
(c) An individual provider
who meets the criteria of an independent practitioner or licensed psychologist
as described in rule
5160-8-05 of the Administrative
Code.
(d) An individual provider
holding certification for homemaker/personal care services in accordance with
rule 5123-9-30 of the Administrative
Code.
(2) Providers who
hold certification for homemaker/personal care services, as designated in
paragraphs (C)(1)(b) and (C)(1)(d) of this rule, will also complete behavioral
health support trainings sponsored by the Ohio department of developmental
disabilities (DODD) or an Ohio department of medicaid (ODM) approved behavioral
health training prior to rendering the TSS service.
(3) With the exception of paragraph (B)(14)
of rule 5160-44-31 of the Administrative
Code, providers will comply with conditions of participation as set forth in
rule 5160-44-31 of the Administrative
Code.
(4)
TSS providers
will obtain and maintain first aid
certification from an instruction which includes hands-on training by a
certified first aid instructor. At its discretion, ODM may accept training
conducted by a solely internet-based class as sufficient for the purposes of
first aid certification.
(5) TSS
providers serving an OhioRISE youth with behaviors that pose safety concerns
for the youth or others will
have been
trained in de-escalation strategies that can be used to support the youth and
prevent the use of restraints, seclusion, and restrictive
interventions.
(6) TSS providers
serving an OhioRISE youth with an individual crisis and safety plan including
the use of restraints, seclusion, or restrictive intervention will be trained
in the appropriate use of restraints, seclusion, and restrictive
interventions.
(7)
TSS providers
will
retain all
initial and subsequent child and family-centered care plans.
(8)
TSS
providers
are subject to
compliance reviews specific to conditions of their licensure or certification
in addition to ongoing monitoring conducted by the OhioRISE plan.
(9)
For youth under
age eighteen, authorized representatives, legal guardians, birth parents,
adoptive parents, foster parents, and stepparents of the OhioRISE-enrolled
youth are prohibited from providing or receiving payment for TSS
services.
(D) Coverage.
(1) Primary components of the TSS
service may include:
(a) Training the youth
and family or caregivers in behavior stabilization techniques related to the
youth's serious emotional disturbance diagnosis;
(b) Working with the youth and family or
caregivers to identify triggers and developing person-centered approaches for
preventing behavioral crisis prior to occurrence;
(c) Assistance to the youth in acquiring,
retaining, and improving areas of self-help and socialization.
(d) Training and skill-building for families
and caregivers regarding mitigation and support techniques for when crises
occur;
(e) Training and
skill-building for families and caregivers to understand and implement positive
coping strategies to directly address crisis or escalation of risk
behaviors;
(f) Acting as a conduit
between the family or caregivers, the youth and the youth's care coordinator to
assist in system navigation;
(g)
Assistance to the youth with engagement in the broader community; and
(h) Assistance to the youth and family or
caregivers with coping skills both in home and community settings.
(2) Other family stability
supports activities related to youth and family or caregivers stabilization and
transition beyond those listed in paragraphs (D)(1) and (D)(2) of this rule may
be considered as permissible tangential activities allowable under the TSS
service only when approved by the OhioRISE plan as part of the child and
family-centered care plan prior to a provider rendering and receiving
reimbursement for the service.
(3)
Staffing may be provided to a youth at a ratio of up to two to one when there
is a demonstrated need for the staffing level and when approved by the OhioRISE
plan and documented on the child and family-centered care plan by the youth's
care coordinator working within the CME as defined in rule
5160-59-01 of the Administrative
Code, or the OhioRISE plan.
(4)
The TSS service may
be made available within twenty-four hours upon a change in circumstance or
qualifying condition as described in paragraph (E) of this rule.
(5) The youth's care coordinator working
within the CME or OhioRISE plan will assist the youth and their primary
caregiver in determining the need for the TSS service.
(6) The youth's care coordinator working
within the CME or OhioRISE plan may recommend TSS services, as well as the providers of TSS, as part of
the child and family-centered care plan.
(7) The OhioRISE plan will need to approve
TSS services as part of the child and
family-centered care plan prior to receipt and reimbursement of
the TSS service.
(E) Limitations.
(1)
The TSS
service will only be provided to youth meeting
eligibility criteria for the waiver as set forth in rule
5160-59-04 of the Administrative
Code and who are enrolled on the waiver at the time of service
delivery.
(2)
The TSS service
will not be provided to a youth prior to establishment of initial or ongoing
enrollment and eligibility criteria for the waiver as set forth in rule
5160-59-04 of the Administrative
Code.
(3)
The TSS service will
assist
a youth
who experiences changes in circumstances or qualifying conditions, which include but are not limited to:
(a) Within twenty-four hours of the youth
enrolling on the waiver following a discharge from one of the following
settings:
(i) A psychiatric residential
treatment facility (PRTF) as described in
42 C.F.R.
441.150 (October 1,
2023)
through 42 C.F.R
441.184 (October 1,
2023);
(ii) An intermediate care facility for
individuals with an intellectual disability (ICF/IID) as defined in section
5124.01 of the Revised
Code;
(iii) An inpatient
psychiatric hospital as defined in
42 CFR
440.160 (October 1,
2023);
(iv) A residential facility as defined in
rule 5122-30-03 of the Administrative
Code; or
(v) A qualified
residential treatment program (QRTP) as described in rule
5101:2-9-42 of the
Administrative Code.
(b)
Within twenty-four hours of when the youth is transitioning between custodians
or caregivers, for example, following a
transition into a kinship caregiver's home.
(4) Reimbursement may be made for
the TSS service
when rendered by a provider in accordance with paragraph (C) of this rule to a
youth enrolled in the OhioRISE 1915(c) waiver program in accordance with rule
5160-59-04 of the Administrative
Code.
(5) When determined eligible
for the OhioRISE 1915(c) waiver, the initial seventy-two hours will be approved
with the child and family-centered care plan, or until other appropriate
behavioral health service provided under the OhioRISE plan are scheduled to
begin, or whichever occurs first. When the TSS
service is needed beyond a seventy-two hour
period, the child and family-centered care plan will need to be updated,
reviewed, and approved by the OhioRISE plan prior to additional TSS services
being provided.
(6) When the
OhioRISE plan denies, reduces, terminates or suspends TSS services, this
constitutes an adverse benefit determination and can be appealed in accordance
with rule
5160-26-08.4 of the
Administrative Code.
(F) Service documentation for TSS will include each of the following to validate reimbursement for medicaid services:
(1) Date
of service;
(2) Place of
service;
(3) Name of youth
receiving service;
(4) Medicaid
identification number of youth receiving service;
(5) Name of provider;
(6) Provider identifier;
(7) Written or electronic signature of the
person delivering the service, or initials of the person delivering the service
if a signature and corresponding initials are on file with the provider;
and
(8) A summary of the amount,
scope, duration, and frequency of services delivered that directly relate to
the services specified in the approved child and family-centered care plan to
be provided.
(9) A summary of when
restraints, seclusion, and restrictive interventions were used including a
date, time, the de-escalation techniques used to prevent the restraints,
seclusion, and restrictive interventions and whether or not the use of
restraints, seclusion, and restrictive interventions was included on the
individual crisis and safety plan.
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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