Re: HB 483 (DD MBR) update Than Johnson 05 May 2016 00:42 UTC

Thanks Jeff.
Hope to discuss Senate strategy soon?
Appreciate the effort you , Mike and others put into this.
Than

Sent from my iPad

> On May 4, 2016, at 8:37 PM, Jamie Steele <jamie.steele@ovrs.org> wrote:
>
> Jeff, this is why OPRA is so important.  Can't imagine any one could do what collectively we can do together.
>
>
> From the phone of:
> James W. Steele, MSW
> Ohio Valley Residential Services
> 2261 Victory Parkway
> Cincinnati,  Ohio. 45206
> 513-281-6800 x102
> 514-200-3695
>
> On May 4, 2016, at 8:29 PM, Jeff Davis <jdavis@opra.org<mailto:jdavis@opra.org>> wrote:
>
> House Bill 483, the Developmental Disabilities Mid Biennial Review Bill (Rep. Amstutz) had its second hearing in the House Finance Committee. A substitute bill was adopted that included an amendment addressing OPRA’s concerns with the ICF IAF exception review process. The bill is expected to be passed out of Finance Committee next Tuesday, May 10th and possibly be voted on in the House the following day. It would then move to the Senate for consideration. We will make copies available of all amendments to HB 483 this week.
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> ICF IAF Agreement with DODD
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> In addition to the statutory protection shown immediately below (and attached) the agreement between OPRA and DODD also included:
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> -Behavior Domain-Any exception review conducted by DODD that will result in a reduction to an ICFs CY2015 annual case mix score for FY17 rate settings shall not be implemented
> -Medical Domain (Incentive Spirometers)-DODD will allow the scoring of the incentive spirometer in the exception review period upon verification that the individual can appropriately perform the task.
> -Appeals process-DODD shall create a new exception review provider appeal process that includes a hearing panel made up of DODD representation as well as external party representation to address the concerns over conflict of interest.
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> DODD will prepare a letter that outlines the agreement in detail and send to stakeholders.
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>
> Changes to ICF/IID resident assessment forms and grouper methodology
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> (R.C. 5124.195; Section 752.10)
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> Provides that no change ODODD makes to its instructions or guidelines for ICF/IID resident assessment forms or the manner in which the grouper methodology is applied in determining case-mix scores is valid unless the change is applied prospectively and, before making the change, ODODD (1) notifies all ICFs/IID of the proposed change, (2) provides ICF/IID representatives an opportunity to provide their concerns and suggested revisions, and (3) in the case of a proposed change regarding the grouper methodology, determines that the proposed change is consistent with the documentation of ICF/IID staff time that was used to create the grouper methodology.
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> Requires ODODD to disregard, for the purpose of the Medicaid rates for ICF/IID services provided during fiscal year 2017, the results of an exception review conducted during calendar year 2015 if the results are based on a change discussed above, unless ODODD applied the change retroactively or, before making the change, failed to take any of the actions discussed above.
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> Additional Amendments to HB 483 Included in the Substitute Bill
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> Self-Insurance Program
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> (R.C. 9.833 and 5126.05)
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> Allows a county board of developmental disabilities to provide insurance through an individual or self-insurance program.
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> Medication aides in ICFs/IID
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> (R.C. 4723.32, 4723.61, 4723.64, 4723.651, 4723.67, and 4723.68)
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> Permits intermediate care facilities for individuals with intellectual disabilities (ICFs/IID) to use medication aides to administer medications to residents.
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> For an individual who will practice as a medication aide in an ICF/IID, permits the individual to satisfy a medication aide certificate eligibility requirement by having at least one year of direct care experience in an ICF/IID.
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> Services provided to residents of residential facilities with 17 or more resident beds
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> (R.C. 5123.42, 5123.43, and 5123.441)
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> Permits MR/DD personnel to provide health care services to residents of such a facility regardless of whether the residents are on a field trip.
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> Requires MR/DD personnel to obtain a certificate from the Ohio Department of Developmental Disabilities (ODODD) to be eligible to provide health care services to residents of such a facility.
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> Requires a registered nurse to obtain a certificate from ODODD to be eligible to provide the training.
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> Community early childhood facility closure
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> (R.C. 5123.378)
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>
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> Permits the Director to change the agreement terms with a county board or board of county commissioners regarding the closure of a community early childhood facility if certain conditions are met.
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> Medicaid cost reports for certain downsized and partially converted ICFs/IID
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> (r.C. 5124.101 (primary), 5124.10, and 5124.151
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>
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> (1)    Requires an ICF/IID that downsizes or partially converts to a provider of home and community-based services after the first day of October of a calendar year to file both of the following with ODODD in addition to a three-month cost report filed earlier: (a) a Medicaid cost report covering the entire calendar year during which the ICF/IID downsized or partially converted and (b) another Medicaid cost report covering the portion of the initial calendar year that the ICF/IID operated as a downsized or partially converted ICF/IID.
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> (2)    Requires ODODD to use the cost report covering the portion of the initial calendar year that the ICF/IID operated as a downsized or partially converted ICF/IID to determine the ICF/IID's Medicaid rate for the period (a) beginning on the day immediately following the last day that the ICF/IID is paid a rate determined using the three-month cost report filed earlier and (b) ending on the last day of the fiscal year that immediately precedes the fiscal year for which the ICF/IID begins to be paid a rate determined using the annual cost report that covers the calendar year that immediately follows the initial calendar year that the ICF/IID operated as a downsized or partially converted ICF/IID.
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> Medicaid payments to ICFs/IID for reserving beds
>
> (R.C. 5124.34)
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> Provides, for the purpose of continuing law that requires ODODD to make a Medicaid payment to an ICF/IID that reserves a bed for a resident who is temporarily absent due to participation in a therapeutic program, that participation in a therapeutic program includes visits to potential new residential settings.
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>
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> Recoupments from ICFs/IID failing to downsize
>
> (R.C. 5124.39)
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> Permits ODODD to exempt an ICF/IID from a recoupment if (1) the ICF/IID, on or before July 1, 2018, demonstrates to ODODD's satisfaction that it made a good faith effort to downsize by that date but did not for reasons beyond the ICF/IID's control and (2) the ICF/IID downsizes within a period of time after that date that ODODD determines is reasonable.
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> Income tax deduction for contributions to an ABLE account
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> (R.C. 5747.01)
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> Authorizes an income tax deduction for contributions to an "Achieve a Better Life Experience" (ABLE) savings account. Under existing law, ABLE accounts are special savings accounts that may be used to pay the disability expenses of a beneficiary.
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> The deduction equals the amount a taxpayer contributes in a taxable year, up to $2,000 per beneficiary. Contributions of more than $2,000 in a taxable year may be carried forward and deducted in future taxable years.
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> ABLE accounts:  other states’ residents
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> (R.C. 113.51, 113.52, 113.53, and 113.54)
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> Authorizes residents of other states to open ABLE accounts.
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> ABLE accounts:  issuance of interests
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> (R.C. 113.51(A)(8))
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> Authorizes the Treasurer of State to issue interests, i.e., securities, to ABLE account beneficiaries.
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> <131HB483-HC0013.pdf>
> You are receiving this important information as a Member service of the Ohio
> Provider Resource Association. Unless messages and/or replies are
> specifically directed, each posting/response is sent to the entire listserv
> group, a large and diverse body. The views of individual listserv users do
> not necessarily reflect the views of the OPRA Board or Staff. To send a
> message to this listserv, please use the reply button. To reply only to the
> original sender, please respond to the email listed after -on behalf of- in
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