Ohio Admin. Code 5123-2-01 - Technology first
(A)
Purpose
This rule implements the technology first policy in accordance with section 5123.025 of the Revised Code.
(B)
Definitions
For the purposes of this rule, the following definitions apply:
(1)
"County board" means a county board of developmental
disabilities.
(2)
"Department" means the Ohio department of developmental
disabilities.
(3)
"Home and community-based services" has the same
meaning as in section
5123.01 of the Revised
Code.
(4)
"Individual" means a person with a developmental
disability or for purposes of giving, refusing to give, or withdrawing consent
for services, the person's guardian in accordance with section
5126.043 of the Revised Code or
other person authorized to give consent.
(5)
"Individual
service plan" means the written description of services, supports, and
activities to be provided to an individual and includes an "individual program
plan" as that term is used in
42 C.F.R.
483.440 as in effect on the effective date of
this rule.
(6)
"Intermediate care facility for individuals with
intellectual disabilities" has the same meaning as in section
5124.01 of the Revised
Code.
(7)
"Technology first policy" means the state of Ohio
policy, established in section
5123.025 of the Revised Code,
that individuals with developmental disabilities have access to technology
solutions.
(8)
"Technology solution" means any product, device,
equipment, or service used to maintain, increase, or improve the functional
capabilities of an individual with developmental disabilities and that is
deployed in accordance with applicable federal, state, and local rules and
regulations. The efficacy of a technology solution is subject to review and
approval by the department.
(C)
Implementing the
technology first policy
(1)
Each county board and each intermediate care facility
for individuals with intellectual disabilities will:
(a)
Within one
hundred eighty calendar days of the effective date of this rule or within one
hundred eighty calendar days of licensure of a new intermediate care facility
for individuals with intellectual disabilities, as applicable, develop and
implement a written local policy to enact the technology first policy. The
written local policy will:
(i)
Clearly delineate that technology solutions are to
be:
(a)
Explored
and documented throughout the initial and ongoing person-centered assessment
and planning process; and
(b)
Used to the greatest extent possible to support the
outcomes in an individual service plan.
(ii)
Address ability
to increase capacity for use of technology solutions and outline specific
steps, as applicable, to be taken including, when applicable, establishment of
benchmarks for increasing the number of individuals who benefit from the use of
technology solutions.
(iii)
Identify strategies for increasing the level of
knowledge, skill, and comfort of staff related to assessing how technology may
help meet needs or achieve outcomes and the use of technology
solutions.
(b)
Annually review and update, as applicable, its goals
and objectives related to increasing the use of technology solutions by
individuals served.
(2)
Each county board
will actively collaborate with individuals served and their families, providers
of services, the department, and community partners (e.g., local schools,
mental health agencies, area agencies on aging, county departments of job and
family services, public transit authorities, local vocational rehabilitation
centers, and employers) to expand awareness and use of technology solutions by
individuals served.
(3)
Each intermediate care facility for individuals with
intellectual disabilities will actively collaborate with residents served and
their families, persons or entities under contract to provide services to
residents, the department, and community partners (e.g., county boards, local
schools, mental health agencies, local vocational rehabilitation centers, and
employers) to expand awareness and use of technology solutions by residents
served.
(4)
Each individual served by a county board or an
intermediate care facility for individuals with intellectual disabilities will
participate in a personcentered assessment and planning process in accordance
with rule
5123-3-03 or
5123-4-02 of the Administrative
Code, as applicable, which identifies the individual's unique strengths,
interests, abilities, preferences, and resources and explores how technology
solutions might support the individual's desired outcomes.
(a)
Through the
person-centered planning process:
(i)
The individual and the individual's team will discuss
any technology solution previously or currently used by the individual and the
effectiveness of the technology solution;
(ii)
The individual
and the individual's team will discuss the individual's needs, explore
information regarding available technology solutions, and consider how each
technology solution might:
(a)
Enhance the individual's personal
freedom;
(b)
Increase the individual's ability to communicate
effectively with others;
(c)
Expand opportunities for the individual to access and
pursue available activities and establish meaningful relationships with people
who are important to the individual;
(d)
Enable the
individual to perform tasks that support the individual's efforts to obtain or
maintain employment; or
(e)
Help the individual increase and/or maintain
independence with daily tasks and activities.
(iii)
After
discussing whether or not technology solutions may be appropriate, the
individual and the individual's team:
(a)
Will discuss how
available technology solutions may advance what is important to or important
for the individual;
(b)
May make referrals for assessments by technology
subject matter experts to identify technology solutions; and
(c)
May identify
additional evaluations needed to determine whether other available technology
solutions meet the individual's assessed needs.
(iv)
When available
technology solutions have been determined by the individual and the
individual's team to meet the individual's assessed needs, they will be
included in the individual service plan.
(a)
Technology
solutions included for the duration of the individual service plan may be
reviewed and modified at any time based on a request by the individual or the
individual's team. Technology solutions included on a trial basis are to be
reviewed by the individual and the individual's team at the conclusion of the
trial period.
(b)
When reviewing a technology solution to determine
whether the technology solution is effective and should continue, the
individual and the individual's team are to consider:
(i)
The individual's
experience in terms of achieving outcomes described in paragraph (C)(4)(a)(ii)
of this rule;
(ii)
Whether the technology solution enhanced the
individual's health or safety;
(iii)
Whether
additional support is needed to facilitate use of the technology solution
(e.g., scheduled battery replacements or more frequent communication with the
technology solution vendor).
(iv)
Whether the
technology solution reduced dependence on staff by increasing the individual's
independence and without having the effect of isolating the individual from the
individual's community or preventing the individual from interacting with
people with or without disabilities; and
(v)
Whether the
individual has a desire to continue to use the technology
solution.
(b)
The results of
the person-centered planning process, including, as applicable, the
individual's desired outcomes as they relate to technology solutions and the
activities that will occur to expand the individual's exploration, awareness,
and use of technology solutions, will be integrated into the individual service
plan. The individual service plan will be amended if the individual's service
needs change.
(5)
The department will consult and collaborate with
individuals and families who receive services, county boards, providers of home
and community based services, intermediate care facilities for individuals with
intellectual disabilities, vendors of technology solutions, and other state
agencies to:
(a)
Identify best practices;
(b)
Share information
about available technology solutions and ways the technology solutions provide
individuals with more independence;
(c)
Identify funding
sources or other means for procuring identified technology
solutions;
(d)
Identify and expand capacity for technology-related
assessment;
(e)
Facilitate effective partnerships; and
(f)
Identify ways the
department can support statewide efforts to expand use of technology
solutions.
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.025
Rule Amplifies: 5123.04, 5123.025
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