Anita,
Does this only apply to NMT vehicles for Day Service Providers? Is it correct to assume that vehicles used to transport our individuals in our ICFs are not impacted by this? Does this extend to the ICFs that we manage for the county board and that they pay us to transport our folks in the ICF to various day programs? 

Gina Kerman

Executive Director



2346 W. 14th Street
Cleveland, OH 44113
216-481-4823 ex 120

gkerman@rose-marycenter.com
http://www.rose-marycenter.com

Mission Statement: Rose-Mary continues the ministry of Jesus Christ by nurturing individuals with disabilities and celebrating love, family, dignity, and faith within the community.

 


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On Jan 10, 2018, at 5:10 PM, Anita Allen <AAllen@opra.org> wrote:

Please see below from Vorys in response to some of the questions that have been posed on the list serve. We will continue to seek clarification and are planning on scheduling a member meeting to discuss. 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: Canowitz, Robin L. [mailto:rlcanowitz@vorys.com]
Sent: Wednesday, January 10, 2018 2:37 PM
To: Anita Allen <AAllen@opra.org>


The regulations for CMVs are separate from the regulations for NMT, and are something that providers are caught up in because they get paid for the transport, and/or have certain sized vans or buses.  The regulations regarding drivers of CMVs are enforced by the Public Utilities Commission of Ohio (PUCO). 

 

This update was prompted by a question from a member, which led to additional research regarding driver requirements for those operating commercial motor vehicles.  Not all vehicles used for NMT are considered CMVs, and in those instances, only the NMT Rules apply. 

 

If a CMV is used for NMT, the Agency is supposed to be in compliance now, but recognizing that they are probably not in complete compliance - we think that they should do their best to get everything into compliance as soon as they can.  We think the most important one would be to get the medical exam in case one of their drivers gets pulled over.  That is the most likely way that the PUCO would get involved, and the most likely way for the PUCO to start digging around. 

 

 

 

<image002.jpg>

Robin L. Canowitz
Senior Attorney

Vorys, Sater, Seymour and Pease LLP
52 East Gay Street | Columbus, Ohio 43215

Direct: 614.464.4953
Fax: 614.719.4953
Email: rlcanowitz@vorys.com
www.vorys.com

 

 

 

 

 

 

 

 

 

From the law offices of Vorys, Sater, Seymour and Pease LLP.
 
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