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 AAAs: introduction and definitions.
Effective: September 1, 2014

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

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

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

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

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

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

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

Assisted Living Program (State-Funded Component)

173-51-01 Assisted living program (state-funded component): introduction and definitions.
Effective: November 1, 2018

173-51-02 Assisted living program (state-funded component): eligibility requirements.
Effective: November 1, 2018

173-51-03 Assisted living program (state-funded component): disenrollment and other adverse actions.
Effective: November 1, 2018
Related forms...

173-51-04 Assisted living program (state-funded): provider certification.
Effective: April 1, 2018

173-51-05 Assisted living program (state-funded): covered services.
Effective: April 1, 2018


(See also rule 173-39-02.16 of the Administrative Code for the assisted living service.)
(See also rule 173-39-02.17 of the Administrative Code for community transition.)
 

Assisted Living Program (Medicaid-Funded Component)

173-38-01 Assisted living program (Medicaid-funded component): introduction and definitions.
Effective: November 1, 2018

173-38-02 Assisted living program (Medicaid-funded component): eligibility requirements for individuals.
Effective: November 1, 2018

173-38-03 Assisted living program (Medicaid-funded component): enrollment and reassessment of individuals.
Effective: November 1, 2018

173-38-04 Assisted living program (Medicaid-funded): provider certification.
Effective: April 1, 2018

173-38-05 Assisted living program (Medicaid-funded): covered services.
Effective: April 1, 2018


(See also rule 173-39-02.16 of the Administrative Code for the assisted living service.)
(See also rule 173-39-02.17 of the Administrative Code for community transition.)
(See also Chapter 3701-16 of the Administrative Code for RCF licensure rules.)

Background Checks for Paid Direct-Care Positions

173-9-01 Background checks for paid direct-care positions: introduction and definitions.
Effective: August 1, 2017

173-9-02 Background checks for paid direct-care positions: applicability.
Effective: August 1, 2017

173-9-03 Background checks for paid direct-care positions: reviewing databases (except for the self-employed).
Effective: March 1, 2019

173-9-03.1 Background checks for paid direct-care positions: reviewing databases (for the self-employed).
Effective: March 1, 2019

173-9-04 Background checks for paid direct-care positions: when to check criminal records, inform applicants, charge fees, and use forms (except for the self-employed).
Effective: August 1, 2017

173-9-04.1 Background checks for paid direct-care positions: when to check criminal records, pay fees, and use forms (for the self-employed).
Effective: August 1, 2017

173-9-05 Background checks for paid direct-care positions: conditional hiring.
Effective: August 1, 2017

173-9-06 Background checks for paid direct-care positions: disqualifying offenses.
Effective: August 1, 2017

173-9-07 Background checks for paid direct-care positions: hiring an applicant, or retaining an employee, who has a disqualifying offense on criminal record.
Effective: August 1, 2017

173-9-07.1 Background checks for paid direct-care positions: certifying or entering into a provider agreement with a self-employed provider who has a disqualifying offense on his or her criminal record.
Effective: August 1, 2017

173-9-08 Background checks for paid direct-care positions: records: confidentiality and retention.
Effective: August 1, 2017

173-9-09 Background checks for paid direct-care positions: immunity from negligent hiring, certification, or provider agreements.
Effective: August 1, 2017

173-9-10 Background checks for paid direct-care positions: consequences for failure to comply with this chapter.
Effective: May 1, 2019

 

Certified Provider Requirements

173-39-01 ODA provider certification: introduction and definitions.
Effective: July 1, 2019

173-39-02 ODA provider certification: requirements for providers to become, and to remain, certified.
Effective: July 1, 2019

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

173-39-02.2 ODA provider certification: alternative meals.
Effective: May 1, 2019

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

173-39-02.5 ODA provider certification: home maintenance and chores.
Effective: July 1, 2019

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, 2019

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

173-39-02.9 ODA provider certification: home modification.
Effective: July 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.
Effective: December 1, 2015

173-39-02.13 Non-emergency medical transportation.
Effective: March 1, 2019
(See also: vehicle inspection forms.)

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

173-39-02.15 ODA provider certification: community integration.
Effective: July 1, 2019

173-39-02.16 ODA provider certification: assisted living service.
Effective: June 10, 2013
(See also: the Ohio Dept. of Health's licensure rules for residential care facilities.)

173-39-02.17 ODA provider certification: community transition.
Effective: July 1, 2019

173-39-02.18 Non-medical transportation.
Effective: March 1, 2019
(See also: vehicle inspection forms.)

173-39-02.19 ODA provider certification: kosher option.
Effective: May 1, 2019

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

173-39-02.21 ODA provider certification: scheduling personal care aides and participant-directed providers.
Effective: May 1, 2019

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 ODA provider certification: applying for certification.
Effective: July 1, 2019

173-39-03.1 ODA provider certification: federal heightened scrutiny of provider settings with institutional characteristics.
Effective: July 1, 2019

173-39-03.2 ODA provider certification: changes of ownership interest or organizational structure.
Effective: July 1, 2019

173-39-03.3 ODA provider certification: applying to be certified to provide additional services.
Effective: July 1, 2019

173-39-03.4 ODA provider certification: applying to be certified in additional regions or to certify additional business sites.
Effective: July 1, 2019

173-39-03.5 ODA provider certification: military provisions.
Effective: July 1, 2019

173-39-04 ODA provider certification: structural compliance reviews.
Effective: March 17, 2011

173-39-05 ODA provider certification: disciplinary actions.
Effective: January 1, 2013

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

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

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

173-39-08 ODA provider certification: appeal hearings and adjudication orders.
Effective: September 29, 2011

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

173-13-01 Introduction and definitions.
Effective: July 1, 2015

173-13-02 Procedures for accessing confidential personal information.
Effective: July 1, 2015

173-13-03 Valid reasons for accessing confidential personal information.
Effective: July 1, 2015

173-13-04 Confidentiality statutes and rules.
Effective: January 1, 2017

173-13-05 Restricting and logging access to confidential personal information in computerized personal information systems.
Effective: July 1, 2015

Golden Buckeye Program

173-6-01 Golden buckeye program: introduction and definitions.
Effective: January 1, 2017

173-6-02 Golden buckeye program: eligibility requirements for persons.
Effective: January 1, 2017

173-6-03 Golden buckeye program: enrollment process for persons sixty years of age or older.
Effective: January 1, 2017

173-6-04 Golden buckeye program: enrollment process for persons eighteen to fifty-nine years of age.
Effective: January 1, 2017

173-6-05 Golden buckeye program: business participation agreements.
Effective: January 1, 2017

173-6-06 Golden buckeye program: electronic business directory.
Effective: January 1, 2017

173-6-07 Golden buckeye program: cardholder records.
Effective: January 1, 2017

173-6-08 Golden buckeye program: ODA's administrator.
Effective: January 1, 2017

Long-Term Care Consultations

173-43-01 Introduction and definitions.
Effective: August 1, 2018

173-43-02 Process and general standards for providing consultations.
Effective: August 1, 2018

173-43-03 Required consultations and exemptions.
Effective: August 1, 2018

173-43-04 Time frames.
Effective: August 1, 2018

173-43-05 Staff certification.
Effective: August 1, 2018

Long-Term Care Consumer Guide

173-45-01 Introduction and definitions.
Effective: December 1, 2015

173-45-03 Consumer guide content.
Effective: December 1, 2015

173-45-04 Search queries.
Effective: December 1, 2015

173-45-05 Display of comparative information following execution of search query.
Effective: December 1, 2015

173-45-06 Facility page.
Effective: December 1, 2015

173-45-06.1 Information on services provided by facilities.
Effective: December 1, 2015

173-45-06.2 Facility staffing information.
Effective: December 1, 2015

173-45-07 Quality measures for nursing facilities.
Effective: December 1, 2015

173-45-08 Regulatory survey data.
Effective: December 1, 2015

173-45-09 Long-term care consumer guides: fees, invoices and penalties.
Effective: June 1, 2018

173-45-10 Consumer satisfaction surveys.
Effective: December 1, 2015

Nursing Home Quality Initiative

173-60-01 Introduction and definition.
Effective: October 12, 2014

173-60-02 Quality improvement projects: criteria for ODA approval.
Effective: October 12, 2014

173-60-03 Quality improvement projects: approval and rescission processes.
Effective: October 12, 2014

173-60-04 Quality improvement projects: online publication of approved projects.
Effective: October 12, 2014

Older Americans Act

173-3-01 Older Americans Act: introduction and definitions.
Effective: February 1, 2017

173-3-04 Older Americans Act: general requirements for AAA-provider agreements.
Effective: June 1, 2018

173-3-05 Older Americans Act: procurement standards.
Effective: June 1, 2018

173-3-05.1 Older Americans Act: procurement standards for renewable and multi-year AAA-provider agreements.
Effective: August 1, 2016

173-3-06 Older Americans Act: requirements to include in every AAA-provider agreement.
Effective: June 1, 2018

173-3-06.1 Older Americans Act: adult day service.
Effective: September 1, 2016

173-3-06.2 Older Americans Act: chores.
Effective: December 1, 2013

173-3-06.3 Older Americans Act: home maintenance, modification, and repair.
Effective: December 1, 2013

173-3-06.4 Older Americans Act: homemaker.
Effective: December 1, 2013

173-3-06.5 Older Americans Act: personal care.
Effective: January 1, 2014

173-3-06.6 Older Americans Act: transportation.
Effective: March 1, 2019
Related forms...

173-3-07 Older Americans Act: consumer contributions.
Effective: June 1, 2018

173-3-09 Older Americans Act: administrative hearings for adversely-affected providers.
Effective: August 1, 2016

Older Americans Act Nutrition Program

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

173-11-03 Senior facilities program: application process.
Effective: May 1, 2019

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: None at this time 


Recently-Completed Comment Periods

The following comment periods have ended and the rules are awaiting recommendation from the Common Sense Initiative Office to file with the Joint Committee on Agency Rule Review (JCARR) to begin the legislature's portion of the rule-review process.

Comment Period: None at this time 

ODA files a rule proposal with the Joint Committee on Agency Rule Review (JCARR) to begin the legislature's rule-review process. The process requires ODA to conduct a public hearing 31 to 40 days after the original file date. Generally, 41-65 days after the original file date, JCARR schedules ODA to appear before a meeting concerning the rule proposal.

Currently Under JCARR's Review

173-39-03.2 ODA provider certification: changes of ownership interest or organizational structure.

 

Recently-Completed JCARR's Review

173-39-04 ODA provider certification: structural compliance reviews.

173-39-05 ODA provider certification: disciplinary actions.

173-39-05.1 Non-disciplinary action resulting in certification revocation.

173-39-06 Notice of denial of certification and proposed sanctions.

173-39-07 Appeal of denial of certification and proposed disciplinary actions.

173-39-08 Appeal hearings and adjudication orders.

 

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.

 

 

August 8, 2019 173-39-03.2 ODA provider certification: changes of ownership interest or organizational structure.

 

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:

Certification of Qualification for Employment

5120-15-01 Certification of qualification for employment.

Medicaid: Electronic Visit Verification (EVV)

5160-1-40 Electronic visit verification (EVV).

Medicaid: One Standard for Three Services

One Standard for Three Services
5160-44-12 Nursing facility-based level of care home and community-based services programs: home maintenance and chore services.
5160-44-14 Nursing facility-based level of care home and community-based services programs: community integration services.
5160-44-26 Nursing facility-based level of care home and community-based services programs: community transition services.
5160-58-04 MyCare Ohio HCBS Waiver Program Covered Services and Providers.

Medicaid: Incident Management

Incident Management
5160-44-05 Nursing facility-based level of care home, community-based services (HCBS) programs and specialized recovery services (SRS) program: incident management.
5160-45-05 Ohio department of medicaid (ODM) -administered waiver program: incident management system.
5160-58-05.3 MyCare Ohio waiver: incident management system

Medicaid: Rates

Rates
5160-1-06.1 Home and community-based service waivers: PASSPORT.
5160-1-06.5 Home and community based services (HCBS) waivers:
assisted living.

5160-31-05 PASSPORT HCBS waiver program covered services.
5160-31-07 PASSPORT HCBS waiver program rate setting.
5160-33-07 Assisted living home and community based services (HCBS)
waiver rate setting.

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.

Speech and Hearing Professionals Board

4744-1-01 Procedure for adoption of rules.
4744-1-02 Method of determining time and place of meetings.
4744-1-03 Personal information systems.
4744-1-04 Duties of officers and staff.
4747-1-01 Public notice – rules.
4747-1-04 Duties and powers of the board.
4747-1-05 Duties of the chairperson.
4747-1-06 Duties of the vice chairperson.
4747-1-07 Duties of the secretary.
4747-1-11 Renewal Procedures.
4747-1-12 Duplicate certificates.
4747-1-15 Fraud and/or misrepresentation, suspension, revocation or refusal of issuance of licenses and trainee permits.
4747-1-17 Licensee responsibilities.
4747-1-18 Complaint procedures.
4747-1-20 Sunshine law.
4747-1-21 Rules governing personal information systems.
4747-1-22 Fees.
4747-1-23 Code of ethics.
4753-1-01 Procedure for adoption of rules.
4753-1-02 Method of determining time and place of meetings.
4753-1-04 Personal information systems.
4753-1-05 Duties of officers and staff.
4753-2-01 Telehealth communications.
4753-3-01 Application for license.
4753-3-03 Notice of change of address.
4753-3-10 Exempt practice; renewal.
4753-5-01 Speech-language pathologist or audiologist; fee for initial license; fee for renewal of license; late renewal fee.
4753-9-01 "Code of Ethics."