Ohio Admin. Code 173-3-06.5 - Older Americans Act: personal care
(A) Definition for this rule: "Personal care"
means a service comprised of activities to help a consumer achieve optimal
functioning with ADLs and IADLs.
(1)
"Personal care" includes the following activities:
(c)(b) Homemaker
activities listed in rule
173-3-06.4 of the
Administrative Code, if the activities are specified in the consumer's
activities plan and are incidental to the activities provided, or are essential
to the health and safety of the consumer, rather than the consumer's family.
The homemaker activities include routine meal-related activities, routine
household activities, and routine transportation activities.
(d)(c)
The activities described in paragraphs (A)(1)(a) to (A)(1)(c)
(A)(1)(b)
of this rule when they assist the consumer as respite to the consumer's
caregiver or are essential to the health and safety of the consumer as respite
to the consumer's caregiver.
(a) Assisting the consumer with
ADLs, IADLs,
managing
the household management ,
handling personal affairs, and
providing assistance with
self-administration of medications.
(b) Assisting the consumer with ADLs
and IADLs.
(2) "Personal care" does not include the
following activities:
(a) Activities provided
outside of the home with the exception of
the
except for routine transportation
activities listed in paragraph (A)(1)(c)
(A)(1)(b) of this rule.
(b) Activities within the scope of home
maintenance and chores.
(c)
Activities available through third-party insurers, community supports, Ohio
medicaid state plan, or a medicaid waiver program.
(d) Activities to administer or set-up
medications.
(B) Requirements for every AAA-provider
agreement for personal care paid, in whole or in part, with Older Americans Act
funds:
(2)(3) Availability: The
provider shall maintain the following:
(3)(4)
PCAs:
(4)(5) PCA supervisors,
PCA trainers, and PCA testers:
(5)(6) Provider's
policies:
(6)(7) Service
verification:
(1) General requirements: The
AAA-provider agreement is subject to the
requirements in rule
173-3-06 of the Administrative
Code for every AAA-provider agreement paid, in whole
or in part, with Older Americans Act funds.
(2)
Licensure: The
provider is subject to the requirement under Chapter 3740. of the Revised Code
and Chapter 3701-60 of the Administrative Code for the provider to hold a
current, valid license to provide skilled home health services or nonmedical
home health services.
(a)
Adequate staffing levels to provide personal care at least five days per
week.
(b) A back-up plan for
providing personal care when the provider has no PCA available.
(c) The availability of a PCA supervisor
during all hours when PCAs are scheduled to work.
(a) Initial qualifications: The provider
shall only
may allow a person to serve as a PCA
only if the person meets at least one of the
following qualifications and if the provider meets the verification
requirements under paragraph (B)(3)(d)
(B)(4)(d) of this rule:
(i) STNA: The person successfully completed a
nurse aide training and competency evaluation program approved by Ohio
department of health (ODH) under section
3721.31 of the Revised
Code.
(ii) Medicare: The person met
the qualifications to be a medicare-certified home health aide according to one
of the following sets of standards:
(iii) Previous experience: The person has at
least one year of supervised employment experience as a home health aide or
nurse aide, and has successfully completed
competency evaluation covering the topics listed under paragraph
(B)(3)(a)(v)(b)
(B)(4)(a)(v)(b) of this rule.
(iv) Vocational programs: The person
successfully completed the COALA home health training program or another
vocational school program that included at least sixty hours of training and
competency evaluation covering the topics listed under paragraph
(B)(3)(a)(v)(b)
(B)(4)(a)(v)(b) of this rule.
(v) Other programs: The person successfully
completed a training and competency evaluation program with the following
characteristics:
(a) The training lasted at
least sixty hours.
(b) All the
following subjects were included in the program's training and its competency
evaluation:
(i) Communications skills,
including the ability to read, write, and make brief and accurate reports
(oral, written, or electronic).
(ii) Observation, reporting, and retaining
records of a consumer's status and activities provided to the
consumer.
(iii) Reading and
recording a consumer's temperature, pulse, and respiration.
(iv) Basic infection control, including hand
washing and the disposal of bodily waste.
(v) Basic elements of bodily functioning and
changes in body function that should be reported to a PCA supervisor.
(vi) The homemaker activities listed in rule
173-3-06.4 of the
Administrative Code.
(vii)
Recognition of emergencies, and knowledge of emergency procedures.
(viii) Physical, emotional, and developmental
needs of consumers, including the need for privacy and respect for consumers
and their property.
(ix) Techniques
in personal hygiene and grooming that include bed, tub, shower, and partial
bath techniques; shampoo in sink, tub, or bed; nail and skin care; oral
hygiene; toileting and elimination; safe transfer and ambulation; normal range
of motion and positioning; and adequate nutrition and fluid intake.
(b)
Orientation: Before allowing PCAs or other employees to meet consumers in
person, the provider shall provide
ensure that the PCAs or other employees
with
successfully
completed orientation that, at a minimum, addresses
addressed
the following topics:
(i) The provider's
expectations of employees.
(ii)
Person-centered care.
(iii) The
provider's ethical standards.
(iv)
An overview of the provider's personnel policies.
(v) The organization and lines of
communication of the provider's agency.
(vi) Incident reporting.
(vii) Emergency procedures.
(c) Additional training: The
provider shall ensure that each PCA successfully
completes additional training and competency evaluation if the PCA is expected
to perform activities for which the PCA did not receive training or undergo
competency evaluation under paragraph (B)(3)(a)
(B)(4)(a)
of this rule.
(d) In-service
training: The provider shall retain records to show that each PCA successfully
completes eight hours of in-service training every twelve months. Agency- and
program-specific orientation do not count toward the eight hours. If the PCA is
also a homemaker aide (aide) according to rule
173-3-06.4 of the
Administrative Code, the provider may consider eight hours of
successfully-completed in-service training as an aide to count for the eight
hours required by this paragraph.
(e) Training sources:
(i) An organization other than the provider
may provide the orientation and training required in paragraphs
(B)(3)(b)
(B)(4)(b) to (B)(3)(d)
(B)(4)(d)
of this rule. Any training successfully through
https://mylearning.dodd.ohio.gov/
or https://collinslearnng.com/home-health-care/
is approved.
(ii) The portion of
training that is not competency evaluation may occur online.
(iii) The portion of competency evaluation
that involves return demonstration only qualifies as competency evaluation
under paragraph (B)(3)(a)
(B)(4)(a) of this rule if it is conducted in
person.
(f) Verification
of compliance with PCA requirements:
(i) The
provider shall either retain copies of
certificates of completion earned by each PCA after the PCA meets
qualifications/requirements under paragraph (B)(3)
(B)(4) of this
rule for successfully completing any training and competency evaluation
program, orientation, additional training, and in-service training under
paragraph (B)(3)
(B)(4) of this rule.
Additionally, the provider shall also
or
record the following information for each PCA, and retain it, if it does not
appear on the PCA's certificate of completion (or if the PCA did not receive a
certificate of completion): name of the school or training organization, name
of the course, training dates, and training hours successfully
completed.
(ii) If a person meets
the initial qualifications to be a PCA under paragraph
(B)(3)(a)
(B)(4)(a) of this rule by successfully completing a
nurse aide training and competency evaluation program described in paragraph
(B)(3)(a)(i)
(B)(4)(a)(i) of this rule, the provider shall retain a
copy of the search results from ODH's nurse aide registry (https://nurseaideregistry.odh.ohio.gov/Public/PublicNurseAideSearch)
to verify the registry listed the person as "active," "in good standing," or
"expired."
(iii) If a person meets
the initial qualifications to be a PCA under paragraph
(B)(3)(a)
(B)(4)(a) of this rule only by the previous employment
experience described in paragraph (B)(3)(a)(iii)
(B)(4)(a)(iii) of this rule, the provider shall also
retain records to verify the person's name, the former employer's name and
contact information, the former supervisor's name, the date the person began
working for the former employer, and the date the person stopped working for
the former employer.
(a)
Qualifications: The provider shall only
may allow only an
RN (or LPN under the direction of an RN) to be a PCA supervisor, PCA trainer,
or PCA tester.
(b) PCA supervisor
visits:
(i) Initial: The PCA supervisor shall
visit each consumer in person at the consumer's home to define the expected
activities of the PCA and develop a written or electronic activity plan with
the consumer either before allowing a PCA to provide an episode of service to
the consumer or during the PCA's initial episode of service to the consumer.
During a state of emergency declared by the governor or a federal public health
emergency, the PCA supervisor may conduct the visit by telephone, video
conference, or in person at the consumer's home.
(ii) Subsequent: The PCA supervisor shall
visit the consumer in person at the consumer's home at least once every sixty
days after the PCA's initial episode of service with the consumer to evaluate
compliance with the activities plan, the consumer's satisfaction, and the PCA's
performance. The PCA supervisor may conduct subsequent visits with or without
the presence of the PCA being evaluated. During a state of emergency declared
by the governor or a federal public health emergency, the PCA supervisor may
conduct subsequent visits by telephone or video conference, unless an emergency
requires visiting the consumer in person at the consumer's home.
(iii) Verification: In the consumer's record,
the PCA supervisor shall retain a record of the initial visit and each
subsequent visit that includes the date of the visit; whether the visit
occurred by telephone, video conference, or in person at the consumer's home;
the PCA supervisor's name and signature; the consumer's name; and a unique
identifier of the consumer or the consumer's caregiver. During a state of
emergency declared by the governor or a federal public health emergency, the
provider may verify that the PCA supervisor provided the initial or subsequent
visit without collecting a unique identifier of the consumer or the consumer's
caregiver.
(a) The provider shall develop,
implement, comply with, and maintain written or electronic policies on all the
following topics:
(i) Job
descriptions.
(ii) Qualifications
to provide personal care.
(iii)
Performance appraisals.
(iv)
Incident reporting.
(v) Obtaining
the consumer's written or electronic permission before releasing information
concerning the consumer to anyone.
(vi) The required content, handling, storage,
and retention of consumer records.
(vii) The provider's ethical
standards.
(viii) Assistance with
self-administration of medication.
(b) The provider shall make its policies
available to all employees and provide to ODA or the AAA upon
request.
(a) The provider
shall use a monitoring system that complies
with
is subject to section
121.36 of the Revised
Code.
(b) The
provider shall verify each episode of service
provided for which it bills the AAA using the provider's choice of either an
electronic or manual system that collects all the following
are the mandatory reporting items for each episode of
service that a provider retains to comply with the requirements under paragraph
(B)(9) of rule
173-3-06 of the Administrative
Code :
(i) Consumer's name.
(ii) Service date.
(iii) PCA's arrival time.
(iv) PCA's departure time.
(v) Description of the activities
provided.
(vi) Service
units.
(vii) Name of each PCA in
contact with the consumer.
(viii)
Signature of
The
unique identifier of each PCA in contact with the consumer
to verify the accuracy of the record
to attest to providing the service .
(ix)
A
The unique identifier of the consumer or the
consumer's caregiver to verify the accuracy of the
record
to attest to receiving the
service .
(c)
During a state of emergency declared by the governor or a federal public health
emergency, the provider may verify each episode of service provided without
collecting the unique identifier in paragraph
(B)(6)(b)(ix) of this rule
of the consumer or
the consumer's caregiver .
(C) Unit of service: A unit of personal care
is one hour of personal care. Providers may report partial hours to two decimal
places (e.g., " 0.25 hours").
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 121.36, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 121.36, 173.39, 173.392; 42 U.S.C. 3025, 3030d; 45 C.F.R. 1321.11, 1321.65
Prior Effective Dates: 02/23/2009, 02/14/2010, 01/01/2014, 05/08/2020, 06/11/2020 (Emer.), 12/31/2020, 01/29/2022
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