Ohio Admin. Code 5160-44-13 - Nursing facility-based level of care home and community-based services programs: home modification

(A) "Home modifications" are environmental adaptations to the private home(s) of the individual authorized by the individual's person-centered services plan, that are necessary to ensure the health, welfare and safety of the individual or that enable the individual to function with greater independence in the home. Such adaptations include, but are not limited to, the installation of ramps and grab-bars, widening of doorways, modification of bathroom or kitchen facilities, or the installation of specialized electric and plumbing systems that are necessary to accommodate the medical equipment and supplies that are necessary for the welfare of the individual. Home modifications also include replacement of previous home modifications when it is determined the modification cannot be repaired through another resource. Home modifications shall not exceed a total of ten thousand dollars in a calendar year per individual. The Ohio department of medicaid (ODM), Ohio department of aging (ODA) or their designee will approve the lowest cost alternative that meets the individual's assessed needs.

(B) Home modifications do not include:

(1) Adaptations or improvements to the home that are of general utility, and are not of direct medical or remedial benefit to the individual including, but not limited to, carpeting, roof repair and central air conditioning.

(2) Adaptations that add to the total square footage of the home, except when necessary to complete an adaptation (e.g., in order to improve entrance/egress to a home or to configure a bathroom to accommodate a wheelchair).

(3) New, replacement home modifications or repair of previously approved home modifications that have been damaged as a result of apparent misuse, abuse, or negligence.

(4) Removing modifications and returning the property to its prior condition when an individual vacates the premises.

(C) Home modifications may be authorized up to one hundred and eighty consecutive days prior to an individual's transition from an institutional setting into the community.

(1) The modification is not considered complete until the individual leaves the institutional setting.

(2) The date of service for purposes of reimbursement will be the date on which the individual leaves the institutional setting. If an individual fails to transition into the community, the modification is still reimbursable.

(D) Authorization process.

(1) ODM, ODA, or their designee may require the completion of an in-home evaluation by an occupational therapist (OT) or physical therapist (PT) licensed pursuant to Chapter 4755. of the Revised Code or other appropriately qualified professional. The qualified professional conducting the evaluation will:

(a) Determine the individual's capacity to utilize the requested home modification.

(b) Determine the suitability of the immediate environment where the modification will be installed.

(c) Determine the viability of the completion of the modification to improve independence.

(d) In consultation with the individual and/or caregiver(s), develop a recommendation for a home modification to address the individual's environmental accessibility needs.

(e) Provide ODM, ODA, or their designee with a written home modification referral that addresses the individual's environmental accessibility needs.

(2) Home modification providers will submit a fixed cost proposal for the services submitted under the home modification referral which will be good for the term of the work agreement.

(a) At a minimum, the proposal will include all of the following:

(i) A drawing or diagram of the home modification, as appropriate;

(ii) A breakdown of all of the needed materials;

(iii) A breakdown of the costs of the needed materials;

(iv) A breakdown of the labor costs;

(v) A list of all building permits that must be obtained;

(vi) An estimate of the time needed to complete the home modification;

(vii) A written statement of all warranties provided, including a warranty lasting at least one year from the date of final acceptance of work against defective workmanship; and

(viii) A written guarantee that all materials, products, and installed or furnished appliances perform their advertised function.

(b) A fixed cost proposal may be adjusted for good cause only if the job specifications are modified in writing, and the adjustment is approved by ODM, ODA or their designee.

(3) ODM, ODA or their designee will review all submitted proposals with the individual and will award the home modification service to the provider that proposes the lowest cost alternative that meets the individual's assessed need.

(E) Limitations.

(1) ODM, ODA, or their designee will ensure safeguards are in place to minimize any potential conflicts of interest between the person(s) conducting any evaluations required pursuant to paragraph (D) of this rule and the home modification provider.

(2) The provider shall be reimbursed for the actual cost of material and labor for the home modification as identified in the home modification proposal. Reimbursement may be adjusted only if the job specifications are modified pursuant to the requirements in paragraph (D) of this rule.

(3) The provider will not be the owner of the individual's home where the modification is being performed.

(F) Provider requirements.

(1) The provider will:

(a) Know and understand information contained in the individual's person-centered services plan related to the modification and personal preferences about the home modification services to be furnished.

(b) Obtain final written approval from the individual and ODM, ODA or their designee after completion of the home modification.

(2) The provider record will include evidence the provider obtained and maintained:

(a) The written consent of the property owner to modify the property, including acknowledgment that the owner understands that the waiver is not responsible for returning the property to its prior condition.

(b) All permits required by law, including building permits, prior to commencing work on each job order.

(c) Any necessary inspections and inspection reports required by federal, state and local laws upon completion of each job to verify that the repair, modification or installation was completed. The provider will obtain these inspections, inspection reports, and permits prior to billing for the completed job.

(d) Documentation that the home modification was completed in accordance with the agreed upon specifications.

(e) Documentation that the home modification was tested, is in proper working order and is functional for use by the individual.

(f) Documentation that the home modification meets all applicable federal, state and local building codes and accessibility codes.

(g) Appropriate qualifications to perform jobs requiring specialized skills such as electrical work, heating/ventilation and plumbing to ODM, ODA or their designee upon request.

(h) Licensure, insurance, and bonding for general contracting services of applicable jurisdictions to ODM, ODA or their designee upon request.

(i) All permits and pre-job inspections required by law, home owners' association, or both.

(j) All necessary post-inspections and post-inspection reports required by law, a HOA, or both to verify whether each episode of service meets federal, state, and local laws or HOA requirements. Proof will be obtained prior to billing,

(G) The authorization of home modification services may be bundled with other waiver services to meet the assessed needs of the individuals. In such instances, individual waiver service limits as described in paragraph (A) of this rule still apply.

Replaces: 5160-44-13

Notes

Ohio Admin. Code 5160-44-13

Effective: 1/1/2024
Five Year Review (FYR) Dates: 01/01/2029
Promulgated Under: 119.03
Statutory Authority: 5166.02
Rule Amplifies: 5162.03, 5166.02, 5164.02
Prior Effective Dates: 03/30/1990 (Emer.), 06/29/1990, 07/01/1990, 03/12/1992 (Emer.), 06/01/1992, 07/31/1992 (Emer.), 10/30/1992, 07/01/1993 (Emer.), 07/30/1993, 09/01/1993, 01/01/1996, 07/01/1998, 07/01/2006, 10/25/2010, 07/01/2015, 11/03/2016, 01/01/2019, 06/12/2020 (Emer.), 12/10/2020