Administrative Rules

Rules in Effect

Public Information

173-1-02 Public hearing notices for rule proposals.
Effective: February 1, 2017


173-1-03 Public meetings.
Effective: February 10, 2019

Area Agencies on Aging (AAAs)

173-2-01 Introduction and definitions.
Effective: September 1, 2014

173-2-02 Planning and service areas.
Effective: September 1, 2014

173-2-03 Intrastate funding formula (IFF).
Effective: August 1, 2016

173-2-04 AAAs: currently-designated AAAs.
Effective: December 1, 2017

173-2-05 Designating new AAAs.
Effective: September 1, 2014

173-2-06 Area plans.
Effective: September 1, 2014

173-2-07 Monitoring AAAs and imposing corrective actions upon AAAs.
Effective: September 1, 2014

173-2-08 De-designating an AAA.
Effective: September 1, 2014

Assisted Living Program (State-Funded Component)

Assisted Living Program (Medicaid-Funded Component)

Background Checks for Paid Direct-Care Positions

Certified Provider Requirements

173-39-01 ODA provider certification: introduction and definitions.
Effective: March 1, 2017

173-39-02 ODA provider certification: requirements for every provider.
Effective: July 1, 2016

173-39-02.1 ODA provider certification: adult day service.
Effective: March 1, 2017

173-39-02.2 ODA provider certification: alternative meal service.
Effective: September 1, 2016

173-39-02.3 Pest control.
Effective: July 10, 2014

173-39-02.4 ODA provider certification: choices home care attendant service (CHCAS).
Effective: November 1, 2015

173-39-02.5 Chore service.
Effective: July 10, 2014

173-39-02.6 ODA provider certification: personal emergency response systems.
Effective: January 1, 2019

173-39-02.7 ODA provider certification: home medical equipment and supplies.
Effective: May 1, 2018

173-39-02.8 ODA provider certification: homemaker.
Effective: October 1, 2017

173-39-02.9 ODA provider certification: minor home modification, maintenance, and repair.
Effective: January 1, 2019

173-39-02.10 ODA provider certification: nutritional consultations.
Effective: September 1, 2016

173-39-02.11 ODA provider certification: personal care.
Effective: May 1, 2018

173-39-02.12 ODA provider certification: social work counseling service.
Effective: December 1, 2015

173-39-02.13 Non-emergency medical transportation.
Effective: March 1, 2019
Related forms...

173-39-02.14 ODA provider certification: home-delivered meals.
Effective: January 1, 2019
FAQs on Nutrition Rules

173-39-02.15 Independent living assistance service.
Effective: Aug. 1, 2017

173-39-02.16 Assisted living service.
Effective: June 10, 2013,
(See also OAC Chapter 3701-16 for ODH's licensure rules.)

173-39-02.17 Community transition service.
Effective: June 10, 2013

173-39-02.18 Non-medical transportation.
Effective: March 1, 2019
Related forms...

173-39-02.19 Kosher option.
Effective: January 1, 2015

173-39-02.20 ODA provider certification: enhanced community living.
Effective: November 1, 2017

173-39-02.21 Scheduling choices home care attendant and personal care services.
Effective: November 11, 2013

173-39-02.22 ODA provider certification: waiver nursing service.
Effective: January 1, 2019

173-39-02.23 ODA provider certification: out-of-home respite.
Effective: January 1, 2019

173-39-02.24 ODA provider certification: home care attendant service.
Effective: January 1, 2019

173-39-03 Provider certification.
Effective: March 17, 2011

173-39-04 Provider structural compliance review.
Effective: March 17, 2011

173-39-05 Disciplinary actions.
Effective: January 1, 2013

173-39-05.1 Non-disciplinary action resulting in certification revocation.
Effective: January 1, 2013

173-39-06 Notice of denial of certification and proposed sanctions.
Effective: September 29, 2011

173-39-07 Appeal of denial of certification and proposed sanctions.
Effective: January 1, 2013

173-39-08 Appeal hearings and adjudication orders.
Effective: September 29, 2011

Confidential Personal Information (for employees of ODA and its designees)

Golden Buckeye Program

Long-Term Care Consultations

Long-Term Care Consumer Guide

Nursing Home Quality Initiative

Older Americans Act

Older Americans Act Nutrition Program

Frequently Asked Questions: Ohio Department of Aging | Administration for Community Living

173-4-01 Older Americans Act nutrition program: introduction and definitions.
Effective: September 1, 2016

173-4-02 Older Americans Act nutrition program: meals eligible for payment.
Effective: September 1, 2016

173-4-03 Older Americans Act nutrition program: consumer enrollment.
Effective: September 1, 2016

173-4-04 Older Americans Act nutrition program: procuring for person direction.
Effective: September 1, 2016

173-4-05 Older Americans Act nutrition program: nutrition projects.
Effective: September 1, 2016

173-4-05.1 Older Americans Act nutrition program: congregate dining projects.
Effective: September 1, 2016

173-4-05.2 Older Americans Act nutrition program: home-delivered meals projects.
Effective: August 24, 2017

173-4-05.3 Older Americans Act nutrition program: congregate dining projects based in restaurants or grocery stores.
Effective: September 1, 2016

173-4-06 Older Americans Act nutrition program: diet orders.
Effective: March 1, 2017

173-4-07 Older Americans Act nutrition program: nutrition counseling.
Effective: September 1, 2016

173-4-08 Older Americans Act nutrition program: nutrition education.
Effective: September 1, 2016

173-4-09 Older Americans Act nutrition program: nutrition health screening.
Effective: September 1, 2016
Related form...

173-4-10 Older Americans Act nutrition program: grocery shopping assistance.
Effective: September 1, 2016

173-4-11 Older Americans Act nutrition program: grocery ordering and delivery.
Effective: September 1, 2016

(See also: State of Ohio Uniform Food Safety Code.)

Ombudsman

173-14-01 Definitions.
Effective: May 1, 2018

173-14-02 Types of representatives.
Effective: May 1, 2018

173-14-03 Duties of the representatives of the office.
Effective: May 1, 2018

173-14-04 Hours of professional development required for representatives of the office; certification.
Effective: May 1, 2018

173-14-05 The administration of ombudsman professional development.
Effective: May 1, 2018

173-14-06 Professional development deadlines.
Effective: May 1, 2018

173-14-07 Professional development curricula.
Effective: May 1, 2018

173-14-08 Content of orientation; approval of orientation sites.
Effective: May 1, 2018

173-14-09 Observation of survey or inspection.
Effective: May 1, 2018

173-14-10 Content and administration of examinations.
Effective: May 1, 2018

173-14-11 Registration of representatives.
Effective: May 1, 2018

173-14-12 Separation of representatives from the office.
Effective: May 1, 2018

173-14-13 Continuing education requirements, approval of clock hours, certifying fulfillment.
Effective: May 1, 2018

173-14-14 Staffing requirements, staff qualifications and background checks.
Effective: April 1, 2018

173-14-15 Conflicts of interest.
Effective: May 1, 2018

173-14-16 Complaint-handling protocol.
Effective: May 1, 2018

173-14-17 Referral of complaints to the state long-term care ombudsman.
Effective: May 1, 2018

173-14-18 Referrals of complaints to other agencies.
Effective: May 1, 2018

173-14-19 Case records and reporting of core services.
Effective: May 1, 2018

173-14-20 System advocacy.
Effective: May 1, 2018

173-14-21 Designated long-term care ombudsman regions.
Effective: May 1, 2018

173-14-22 Initial designation of regional long-term care ombudsman programs: standards.
Effective: May 1, 2018

173-14-23 Initial designation of regional long-term care ombudsman programs: process.
Effective: May 1, 2018

173-14-24 Development of ombudsman plans by all programs.
Effective: May 1, 2018

173-14-25 Program review for continued designation.
Effective: May 1, 2018

173-14-26 Changes in a regional program's designation status; notice rights; and hearing requirements.
Effective: May 1, 2018

173-14-27 Decertification of a representative or removal of a candidate for certification.
Effective: May 1, 2018

173-14-28 Bed fee collection guidelines.
Effective: August 1, 2017

173-14-29 Response to allegations about ombudsman performance.
Effective: May 1, 2018

 

PACE

173-50-01 Introduction and definitions.
Effective: August 1, 2016

173-50-02 PACE: eligibility requirements.
Effective: November 1, 2018

173-50-03 PACE: enrollment process.
Effective: November 1, 2018

173-50-04 Voluntary disenrollment.
Effective: August 1, 2016

173-50-05 Involuntary disenrollment.
Effective: August 1, 2016

PASSPORT Program (State-Funded Component)

PASSPORT Program (Medicaid-Funded Component)

Senior Facilities Program

Unified Waiting List

173-44-04 Unified waiting list.
Effective: November 1, 2018

Forms

 


Participate in Our Rule Development

Ohio State HouseAnyone may participate in the Ohio Department of Aging's rule-development process. For more information, please see Participating in ODA's Rule Development and An Overview of Administrative Rulemaking.

Please contact ODA's policy development manager to give input on improving ODA's rules. You may also contact the Common-Sense Initiative (CSI) office to give input on improving ODA's rules. CSI's mission is to generate a more jobs-friendly regulatory climate in Ohio. CSI highlighted ODA's achievements in improving Ohio's regulatory climate in its 2012, 2013, 2014, 2015, 2016, 2017, and 2018 annual reports.

Sign up for email updates on ODA's rules.

Before ODA files a rule proposal with the Joint Committee on Agency Rule Review (JCARR) to begin the legislature's rule-review process;ODA generally publishes the proposal on this web page in search of comments. Your participation in this stage of the rule-development process is very important. We may revise a rule or its business-impact analysis according to your comments.


Current Public Comment Periods

Comment Period: March 7-21, 2019 

Rule Package: One Set of Standards for Three Services

Send Comments


Recently-Completed Comment Periods

The following comment periods have ended and the rules are awaiting recommendation to file from the Common Sense Initiative Office.

Comment Period: October 15-28, 2018 

Rule Package: ODA Provider Certification: Structural Compliance Reviews

 

The legislature's formal rule-review process requires the department to conduct a public hearing on each rule proposal 31 to 40 days after we first file the rule proposal with the Joint Committee on Agency Rule Review.

April 26, 2019 Requirements for Every Provider

45 CFR 1321.7 says, "The Older Americans Act intends that the State agency on aging shall be the leader relative to all aging issues on behalf of all older persons in the State. This means that the State agency shall proactively carry out a wide range of functions related to advocacy, planning, coordination, interagency linkages, information sharing, brokering, monitoring and evaluation, designed to lead to the development or enhancement of comprehensive and coordinated community based systems in, or serving, communities throughout the State. These systems shall be designed to assist older persons in leading independent, meaningful and dignified lives in their own homes and communities as long as possible."

R.C. §173.01  requires any state agency filing a rule proposal with the Joint Committee on Agency Rule Review (JCARR) to notify ODA of the proposal if it would primarily affect older Ohioans. The section also establishes a process for ODA to suggest ways to improve such a rule proposal. (Cf., 45 CFR 1321.13)

R.C. §3923.50 requires the Ohio Department of Insurance to consult with ODA on rule proposals that it files with JCARR regarding the Ohio Long-Term Care Insurance Program.

Additionally, R.C. §5162.66 requires the Ohio Department of Medicaid to consult with ODA on rule proposals that it files with JCARR regarding the Resident Protection Fund.

ODA intends to feature certain state and federal rules of interest below, as well as executive orders. ODA does not intend to feature every rule or executive order of interest below.

Featured Proposals:

Certificate of Need

3701-12-04 Reviewability determinations; appeals.


3701-12-05 Scope of review: reviewable activities.


3701-12-08 Certificate of need application and completeness process; public notice; certificate of need review; certificate of need expedited review; and decision process; appeals.


3701-12-09 Certificate of need application and completeness process for applications filed under section 3702.593 of the Revised Code; comparative review; review and decision process; public notice; appeals.


3701-12-11 Opportunity to submit written comments during the course of a certificate of need review.


3701-12-18 Validity requirements, follow-up and withdrawal of certificates of need.

Do-Not-Resuscitate (DNR) Protocol

3701-62-01 Definitions.

 

3701-62-02 Authority of advanced practice nurses and physician assistants.

 

3701-62-03 Immunity from criminal prosecution, civil liability, and professional disciplinary action.

 

3701-62-04 Do-not-resuscitate identification.

 

3701-62-05 Do-not-resuscitate protocol.

 

3701-62-06 Revocation of DNR identification or DNR order.

 

3701-62-07 Emergency medical services personnel; compliance with DNR protocol.

 

3701-62-08 Attending physician, PA, APRN, or health care facility unwilling or unable to comply with DNR protocol.

 

3701-62-09 Transfer of person between health care facilities: forwarding of DNR order.

 

3701-62-10 Relationship of DNR orders and identification with living will declarations and durable powers of attorney for health care.

 

3701-62-11 Compliance with DNR protocol not homicide or suicide.

 

3701-62-12 Effect of DNR identification or order on insurance.

 

3701-62-13 Individual rights not abrogated.

 

3701-62-14 Prohibitions.

Housing Accommodations for Older Persons

4112-6-03 Housing accommodations for older persons.