The revised Residential Facility (Licensure) rules and Personal Funds rule have been filed. Although many of our previous concerns (they are attached) have been addressed, there are remaining issues. We will
be discussing these at the Program Directors and Policy Committee meetings and gathering your input. We plan to submit testimony. If you are unable to attend these meetings, please feel free to email me your comments. aallen@opra.org
Thanks.
Anita Allen
Vice President
Ohio Provider Resource Association
1152 Goodale Blvd
Columbus OH 43212
614-224-6772 x110
614-655-0170 direct
614-224-3340 fax
The Trusted Voice for Providers Serving Ohioans with Disabilities for over 40 Years.
From: Becky.Phillips@dodd.ohio.gov [mailto:Becky.Phillips@dodd.ohio.gov]
Sent: Friday, October 30, 2015 2:40 PM
To: Anita Allen <aallen@opra.org>; 'Stanfa, Lori' <lstanfa@oacbdd.org>; Marcy Samuel (Marcy.Samuel@fcbdd.org) <Marcy.Samuel@fcbdd.org>; linupwood@buckeye-express.com
Cc: Sophia.Papadimos@governor.ohio.gov; CSIPublicComments@governor.ohio.gov; gibbs.amber@cuyahogabdd.org; Michelle Giess <mgiess@rnewhope.org>; Knetzer, Joe <joe@midwesths.com>; Leibig, Debbie <dleibig@wlrs.org>; smould@ohca.org; DOttke@clermontdd.org;
Rak, Melanie <rak.melanie@cuyahogabdd.org>; Sapharas, Barb <bsapharas@aol.com>; tschnipke@acbdd.org; sjscrutton@vorys.com; Slight, Carol <cslight@fillinghome.org>; Stephan, Janet <jstephan@teamrms.com>; Barbara.Stewart@odh.ohio.gov; jodi.travers@lakebdd.org;
Weber, Marilyn <marilyn@mkwpathways.com>; 'Barnheiser, Marge' <mbarnheiser@dsaco.net>; 'Charlton, Dana' <dcharlto@columbus.rr.com>; BONNIE.CLEVENGER@medicaid.ohio.gov; 'Collver, Geoffrey' <gcollver@disabilityrightsohio.org>; ROSEANN.CULVER@medicaid.ohio.gov;
Jeff Davis <jdavis@opra.org>; Mark Davis <mdavis@opra.org>; ICILDA.DICKERSON@medicaid.ohio.gov; KIMBERLY.DONICA@medicaid.ohio.gov; 'Gargan, Bridget' <bgargan@oacbdd.org>; 'Hunter, Sadie' <shunter@columbus.rr.com>; 'Kirkman, Michael' <mkirkman@disabilityrightsohio.org>;
'Klein, Rich' <richklein18@gmail.com>; Carolyn.Knight@dodd.ohio.gov; LAURA.LEACH@medicaid.ohio.gov; 'Lyle, Deb' <dlyle@graceworks.org>; soster@coshdd.org; soster@knoxdd.com; kathy@ohiowaivernetwork.com; 'Pulliam, Dean' <dpulliam@autismohio.org>; 'Richards,
Nancy' <nrichards@clearwatercog.org>; 'Rinto, Karla' <krinto@apsiohio.org>; 'Russell, Joe' <jrussell@oacbdd.org>; 'Sapharas, Barb' <bsapharas@aol.com>; 'Slemmer, Jacalyn' <jacalynslemmer@disabilityhousingnetwork.org>; 'Tonks, Gary' <gary856@aol.com>; pvanrunkle@ohca.org;
CAROLINE.WESTBROOK@medicaid.ohio.gov; Joshua.Anderson@dodd.ohio.gov; Burke, Michelle <Michelle.Burke@dodd.ohio.gov>; Lisa.Burt@dodd.ohio.gov; Beth.Chambers@dodd.ohio.gov; Ernie.Fischer@dodd.ohio.gov; Charles.Flowers@dodd.ohio.gov; Kerry.Francis@dodd.ohio.gov;
Kate.Haller@dodd.ohio.gov; Zachary.Haughawout@dodd.ohio.gov; Thomas.Hess@dodd.ohio.gov; Lori.Horvath@dodd.ohio.gov; Cathy.Hutzel@dodd.ohio.gov; Vicki.Jenkins@dodd.ohio.gov; Teresa.Kobelt@dodd.ohio.gov; John.Martin@dodd.ohio.gov; Connie.McLaughlin@dodd.ohio.gov;
Andrew.Merickel@dodd.ohio.gov; Angel.Morgan@dodd.ohio.gov; Kelly.Mosley-Miller@dodd.ohio.gov; Kimberly.Mowry@dodd.ohio.gov; Scott.Phillips@dodd.ohio.gov; Vanessa.Prather@dodd.ohio.gov; Bradley.Singer@dodd.ohio.gov; Gregory.Swart@dodd.ohio.gov; Antoinette.Wallace@dodd.ohio.gov;
Ann.Weisent@dodd.ohio.gov; Kristi.Williams@dodd.ohio.gov; Ginnie.Whisman@dodd.ohio.gov
Subject: RE: DODD Rules Clearance - Residential Facilities & Personal Funds
Good Afternoon.
Thank you for providing feedback on proposed new Chapter 5123:2-3 rules governing licensed residential facilities and/or proposed new rule 5123:2-2-07 (Personal Funds of the Individual). The following
documents are attached:
·
A summary of clearance comments submitted to the Department regarding the Chapter 5123:2-3 rules with the Department’s responses;
·
Proposed new Chapter 5123:2-3 rules as we intend to file them (revisions made after June 26 are denoted by underline and strikethrough);
·
A summary of clearance comments submitted to the Department regarding rule 5123:2-2-07 with the Department’s responses; and
·
Proposed new rule 5123:2-2-07 as we intend to file it (revisions made after June 26 are denoted by underline and strikethrough).
We appreciate the time and effort expended by all who worked with us throughout the long process of redeveloping the residential facility rules and creating a comprehensive rule to safeguard individuals’ funds.
Becky
From: Phillips, Becky
Sent: Friday, June 26, 2015 1:22 PM
To: Allen, Anita; Barnheiser, Marge; Charlton, Dana; Clevenger, Bonnie; Collver, Geoffrey; Coshocton County Supt.; Culver, Roseann; Davis, Jeff; Davis, Mark; Dickerson, Icilda; Gargan, Bridget; Hunter, Sadie; Kirkman, Michael; Klein, Rich; Knight, Carolyn;
Leach, Laura; Lyle, Deb; Moscardino, Debra; Oster, Steve; Phillips, Kathy; Pulliam, Dean; Richards, Nancy; Rinto, Karla; Russell, Joe; Sapharas, Barb; Slemmer, Jacalyn; Stanfa, Lori; Tonks, Gary; Van Runkle, Pete; Westbrook, Caroline
Cc: Anderson, Joshua; Burke, Michelle; Fischer, Ernie; Flowers, Charlie; Francis, Kerry; Haller, Kate; Haughawout, Zachary; Hess, Tom; Horvath, Lori; Kobelt, Teresa; Martin, John; Moon, Melody; Mosley-Miller, Kelly; Rengert, Ann; Singer, Bradley; Wallace,
Antoinette; Weisent, Ann; Whisman, Ginnie
Subject: DODD Rules Clearance - Residential Facilities & Personal Funds
Good Afternoon.
You are receiving this message pursuant to the requirements of
Executive Order 2011-01K which requires state agencies, including the Ohio Department of Developmental Disabilities, to draft rules in collaboration with stakeholders, assess and justify adverse
impact on the business community, and provide opportunity for the affected public to provide input on the rules. Over the past year, the Department has been working with stakeholders to review and revise rules governing licensed residential facilities. As
a result of this comprehensive review, the
Department is proposing to rescind 24 existing rules:
5123:2-3-01 |
Definitions |
5123:2-3-02 |
Licensure Application, Issuance, Survey, Renewal, and Sanction Procedures |
5123:2-3-03 |
Establishing a Term License |
5123:2-3-04 |
General Requirements |
5123:2-3-05 |
Admission, Discharge, and Transfer
|
5123:2-3-07 |
Employment and Staffing
|
5123:2-3-08 |
Staff Training |
5123:2-3-09 |
Medication |
5123:2-3-10 |
Physical Environment Requirements |
5123:2-3-11 |
Fire Safety and Emergency Response Plans |
5123:2-3-12 |
Food, Clothing, and Personal Items |
5123:2-3-13 |
Individual Records |
5123:2-3-14 |
Personal Funds of the Individual |
5123:2-3-15 |
Procedures to Waive Licensure Rule Requirements |
5123:2-3-16 |
Emergency Removal of Individuals From a Residential Facility |
5123:2-3-17 |
Individual Plan |
5123:2-3-19 |
Licensed Providers of Waiver Services |
5123:2-3-20 |
Receipt, Investigation, and Disposition of Complaints |
5123:2-3-21 |
Public Notification Program of Adverse Action Taken by the Department |
5123:2-3-22 |
Licensing Fees for Residential Facilities |
5123:2-3-23 |
Issuance of Interim Licenses |
5123:2-3-24 |
Participation of Individuals in Day Activities |
5123:2-3-26 |
Development of Licensed Residential Beds |
5123:2-19-01 |
Standards for Evaluating Applicants as Potential Receivers of Residential Facilities |
and bring forth 10 new replacement rules:
5123:2-3-01 |
Licensed Residential Facilities - Administration and Operation |
5123:2-3-02 |
Licensed Residential Facilities - Physical Environment Standards, Fire Safety, and Emergency Response Planning |
5123:2-3-03 |
Licensed Residential Facilities - Person-Centered Planning |
5123:2-3-04 |
Licensed Residential Facilities - Provision of Services and Maintenance of Service Records |
5123:2-3-05 |
Licensed Residential Facilities - Admission, Termination of Services, and Transfer |
5123:2-3-06 |
Licensed Residential Facilities - Compliance Reviews, Issuance of Licenses, and Adverse Actions
|
5123:2-3-07 |
Licensed Residential Facilities - Immediate Removal of Residents |
5123:2-3-08 |
Licensed Residential Facilities - Development of Licensed Residential Beds |
5123:2-3-09 |
Licensed Residential Facilities - Standards for Evaluating Potential Receivers |
5123:2-3-10 |
Licensed Residential Facilities - Procedures to Waive Rule Requirements |
The rules have been consolidated and reorganized. Definitions of terms used are included within each rule. Recommendations made by a panel reviewing the health and safety system for individuals
with developmental disabilities who receive services have been incorporated. Citations to the Administrative Code and Revised Code have been updated. Provisions that merely duplicate the Revised Code have been eliminated. Overall, the volume of rules has
been reduced while maintaining provisions essential to health and safety.
Additionally, the Department is proposing to adopt a new rule that applies broadly to the developmental disabilities service delivery system, including licensed residential facilities:
5123:2-2-07 |
Personal Funds of the Individual |
Rule 5123:2-2-07 establishes standards of accountability for a provider when the individual plan or individual service plan indicates the provider will be responsible for managing the individual’s
funds. The new rule replaces existing rule 5123:2-3-14.
The proposed new rules are attached along with the Business Impact Analysis. The Business Impact Analysis includes a crosswalk of existing and proposed new rules. These documents will be posted
at the Department’s Rules Under Development webpage:
http://dodd.ohio.gov/RulesLaws/Pages/Rules-Under-Development.aspx
The existing rules to be rescinded are available for review at the Department’s Rules in Effect webpage:
http://dodd.ohio.gov/RulesLaws/Pages/RulesInEffect.aspx
Please send your comments to the Common Sense Initiative Office at
CSIPublicComments@governor.ohio.gov and to me at
Becky.Phillips@dodd.ohio.gov by
July 13.
Thank you.
Becky Phillips
Administrative Rules Coordinator
Ohio Department of Developmental Disabilities
(614) 644-7393
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