Ohio Admin. Code 5122-36-04 - Responsibilities of the living arrangement

Each living arrangement housing a RSS resident shall:

(A) A living arrangement described in paragraph (A)(5) of rule 5122-36-02 of the Administrative Code is eligible to accept RSS payments from an individual who receives RSS payments only if all of the following are the case:

(A)(1) Accept The living arrangement accepts the allowable fee in rule 5122-36-05 of the Administrative Code as payment in full for all accommodations, supervision, and personal care services the living arrangement provides to the RSS resident an individual who receives RSS payments. The living arrangement shall will not request additional payment for these services from the resident individual, the individual's representative, the resident's individual's family, or any other local, state, or federal agency.

(B)(2) Provide The living arrangement provides OhioMHAS or its designee with access to any RSS resident's records pertaining to the individual receiving RSS payments.

(C)(3) Allow The living arrangement allows each resident individual receiving RSS payments to meet privately with OhioMHAS or its designee.

(D)(4) Notify The living arrangement notifies OhioMHAS or its designee at least ten days before transferring or discharging a resident an individual receiving RSS payments to another living arrangement.

(E)(5) Notify The living arrangement notifies OhioMHAS or its designee of any significant changes in the resident's status of an individual receiving RSS payments that might affect the resident's that individual's needs.

(F)(6) Not The living arrangement does not act as legal guardian or attorney-in-fact under a power of attorney for any resident individual receiving RSS payments unless it was appointed guardian or named power of attorney attorney-in-fact before July 1, 2000. However, the living arrangement may act as a resident's authorized representative.

(G)(7) Not The living arrangement does not act as a representative payee for the purposes of RSS benefits payments.

(H)(8) Maintain The living arrangement maintains the required licensure as required by division (D)(1) of section 5119.41 of the Revised described in paragraph (A) (5)(a) or (A)(5)(b) of rule 5122-36-02 of the Administrative Code.

(I)(9) Respond The living arrangement responds to and cooperate cooperates with the OhioMHAS quarterly RSS resident verification surveys process concerning individuals enrolled in the program.

(J)(10) Return The living arrangement returns any RSS payment that it receives for a resident an individual who was disenrolled from the program or left the living arrangement before the beginning of the month for which the payment was made.

(K)(11) Give The living arrangement gives a prorated portion of any RSS payment to a resident an individual who finds it necessary to leave the living arrangement due to extenuating circumstances before the end of the month for which the payment was made. The living arrangement shall is to pay even if the resident individual fails to give the minimum notice of departure that an admissions agreement or other contract between the living arrangement and the resident individual requires. Examples of extenuating circumstances include:

(1) The living arrangement cannot provide the level of care that the resident's mental, emotional, or physical condition requires;

(2) The health, safety, or welfare of the resident or any other person residing in the living arrangement requires a transfer or discharge;

(3) The living arrangement no longer has a current, valid license or certification; or,

(4) The living arrangement goes out of business.

(L)(12) Permit The living arrangement permits each resident individual receiving RSS payments to have daily access to his or her the individual's personal funds during regularly-scheduled office hours, as specified in a posted notice that is available to each resident individual.

(M)(13) Have The living arrangement has each resident individual receiving RSS payments sign receipts for all funds exchanged between the resident individual and the living arrangement including those pertaining to payment for care, spending money, and any purchases the living arrangement makes on the resident's individual's behalf. Additionally, the living arrangement shall will provide each resident individual with a quarterly itemized account statement, and, if the resident individual gives the living arrangement permission to do so, the living arrangement shall provide ODMH's OhioMHAS's designee with this statement.

(N)(14) Provide The living arrangement provides transportation for each resident individual receiving RSS payments as needed. If the living arrangement provides transportation for a charge to the resident, the living arrangement shall provide the resident with complete information regarding the living arrangement's transportation policy, including information concerning costs, and other transportation options available to the resident.

(O)(15) Refrain The living arrangement refrains from charging a resident an individual receiving RSS payments more than the usual and customary rate for furnishing transportation or purchasing items.

(P)(16) Provide The living arrangement provides for the resident's needs, of an individual receiving RSS payments as determined by ODMH's OhioMHAS's designee. If the living arrangement cannot meet the resident's individual's needs, it shall will cooperate with ODMH's OhioMHAS's designee to relocate the resident individual to a living arrangement that can meet the resident's individual's needs.

(B) OhioMHAS may determine that a living arrangement is responsible for repaying an RSS payment the living arrangement has received on or after the date the individual to whom the payment relates became ineligible for RSS or the individual moved from the eligible living arrangement. The living arrangement is to return the funds by sending a check or money order, made payable to the "Ohio Treasurer of State," to: "RSS Return Payments, c/o OhioMHAS, 30 E. Broad Street, 36th Floor, Columbus, Ohio 43215." The full name of the individual to whom the payment relates, as well as the time period for which the returned payment covers, is to be applied on the memo line of the check or money order.

A return of funds described in this paragraph is to be made not later than thirty days after the date the individual to whom the payment relates became ineligible for RSS or the individual moved from an eligible living arrangement.

Notes

Ohio Admin. Code 5122-36-04

Effective: 9/3/2022
Five Year Review (FYR) Dates: 6/14/2022 and 09/03/2027
Promulgated Under: 119.03
Statutory Authority: R.C. 5119.41
Rule Amplifies: R.C. 5119.41
Prior Effective Dates: 07/01/2000, 09/29/2002, 03/07/2011, 02/17/2012, 07/15/2017