Ohio Admin. Code 5160-33-02 - Definitions for the assisted living home and community based services waiver (HCBS) program

(A) The purpose of this rule is to define the terms used in Chapter 5160-33 of the Administrative Code governing the medicaid assisted living HCBS waiver program.

As used in this chapter:

(B) "ADL" means activities of daily living including bathing; grooming; toileting; dressing; eating; and mobility, which refers to bed mobility, transfer, and locomotion as these are defined in 5160-3-05 of the Administrative Code.

(C)(B) "Assessment" means a face-to-face evaluation used to obtain information about an individual including his or her condition, personal goals and preferences, functional limitations, health status and other factors that are relevant to the authorization and provision of services. Assessment information supports the determination that an individual requires needs waiver services as well as the development of a service person-centered services plan.
(D)(C) " Assisted living HCBS waiver program" (ALW) means the medicaid-funded component of the assisted living program created under section 173.54 of the Revised Code and home and community based services waiver, approved by the centers for medicare and medicaid services. , that is administered by the Ohio department of aging.

(E) "Authorized representative" has the same meaning as in rule 5160-1-33 of the Administrative Code.

(F)(D) "CDJFS" means a county department of job and family services.

(G) "C.F.R." means the code of federal regulations.

(H)(E) "CMS" means the centers for medicare and medicaid services, a federal agency that is part of the United States department of health and human services, and that administers the medicaid program and approves HCBS waivers.

(I) "Case management" means a set of person centered activities provided by ODA's designee that are undertaken to ensure that the individual receives appropriate and necessary services. Under a HCBS waiver, these activities may include, but are not necessarily limited to, assessment, service plan development, service plan implementation and service monitoring as well as assistance in accessing waiver, state plan, and other non-medicaid services and resources.

(J)(F) "Certified" or "certification" means providers a provider's state of being certified by the Ohio department of aging (ODA) to provide services for as an assisted living provider HCBS waiver individuals pursuant to Chapter 173-39 of the Administrative Code or the certification ODA gives to a certified assisted living provider.
(K)(G) "HCBS" or "home and community-based services" means services furnished under the provisions set forth in 42 C.F.R. Part 441 Subpart G (October 1, 2016 2021) that permit individuals to live in a home setting rather than a nursing facility (NF) or hospital. HCBS waiver services are approved by CMS for specific populations and are not otherwise available under the medicaid state plan.
(L)(H) "Home first" means the component of the assisted living HCBS waiver program that offers priority enrollment in the waiver for to certain individuals in accordance with section 173.542 of the Revised Code.
(M)(I) "Individual" is a person enrolled on the assisted living HCBS waiver.
(N)(J) "Level of care" (LOC) means the designation describing an individual's functional levels and nursing needs pursuant to the criteria set forth in rules 5160-3-05, 5160-3-06, 5160-3-07, and 5160-3-08 of the Administrative Code.

(O) "NF" means a nursing facility as defined in section 5165.01 of the Revised Code.

(P)(K) "ODA" means the Ohio department of aging. The Ohio department of aging (ODA) is responsible for the daily operation of the assisted living home and community based services (HCBS) waiver. ODA will operate this waiver pursuant to an interagency agreement with the Ohio department of medicaid (ODM) in accordance with sections 5162.35 and 5166.21 of the Revised Code. ODA will establish processes and procedures to enroll individuals on this waiver.

(Q) "ODJFS" means the Ohio department of job and family services.

(R) "PASSPORT" means preadmission screening system providing options and resources today.

(S)(L) "ODA's designee" has the same meaning as in rule 173-39-01 of the Administrative Code ".
(T)(M) "Residential care facility" means a residential care facility as defined in section 3721.01 of the Revised Code that is issued a license pursuant to section 3721.02 of the Revised Code.
(U)(N) "Room and board" means a payment made by an individual enrolled in the assisted living waiver directly to the ODA certified assisted living waiver provider. When paying "room" the individual shall will not be charged for the same furnishings and other shelter expenses the residential care facility provides at no cost to private pay non-waiver residents pursuant to the facility's resident agreement. The term "board" means three meals a day or any other full nutritional regimen.

Room and board does not include charges for ancillary items, services, and/or social activities purchased or paid for by the individual including hygiene and supplies not provided through medicaid and reflected on the individual's care person-centered services plan, recreation and activities, and/or other items or services purchased by the individual; however ODA certified assisted living providers may, at their own discretion, provide ancillary items, services and/or social activities as part of the room and board payment.

(V)(O) "Service Plan Person-centered services plan " has the same meaning as the personcentered service plan in paragraph (B) in rule 5160-44-02 of the Administrative Code.


Ohio Admin. Code 5160-33-02
Effective: 10/13/2022
Five Year Review (FYR) Dates: 7/15/2022 and 10/13/2027
Promulgated Under: 119.03
Statutory Authority: 5166.02
Rule Amplifies: 173.54
Prior Effective Dates: 07/01/2006, 12/31/2009, 09/29/2011, 04/01/2017

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