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Emergency Rules
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On June 11, 2020, Governor Mike DeWine issued Executive Order 2020-23D. The order authorizes the Ohio Department of Aging to immediately adopt an emergency rule, an emergency rescission of a rule, and emergency amendments to other rules.

The emergency rule, emergency rescission, and emergency amendments took effect on June 11, 2020 and will remain in effect for 120 days. They will expire on October 10, 2020. The effective period for any emergency amendment requiring CMS approval is the same. One emergency amendment in rule 173-39-04 of the Administrative Code contains a sunset provision that will require that emergency amendment to sunset (i.e., end) on July 8, 2020.

Inventory of emergency filings made on June 11, 2020

Emergency rule, emergency rescission, and emergency amendments

Emergency amendments

  • 173-3-06 Older Americans Act: requirements to include in every AAA-provider agreement.
  • 173-3-06.1 Older Americans Act: adult day service.
  • 173-3-06.2 Older Americans Act: home maintenance and chores.
  • 173-3-06.3 Older Americans Act: home modification.
  • 173-3-06.4 Older Americans Act: homemaker.
  • 173-3-06.5 Older Americans Act: personal care.
  • 173-3-06.6 Older Americans Act: transportation.
  • 173-4-03 Older Americans Act nutrition program: consumer enrollment.
  • 173-4-04 Older Americans Act nutrition program: procuring for person direction.
  • 173-4-05 Older Americans Act nutrition program: nutrition projects.
  • 173-4-05.1 Older Americans Act nutrition program: congregate dining projects.
  • 173-4-05.2 Older Americans Act nutrition program: home-delivered meals projects.
  • 173-4-05.3 Older Americans Act nutrition program: congregate dining projects based in restaurants or grocery stores.
  • 173-4-07 Older Americans Act nutrition program: nutrition counseling.
  • 173-4-09 Older Americans Act nutrition program: nutrition health screening.
  • 173-4-10 Older Americans Act nutrition program: grocery shopping assistance.
  • 173-4-11 Older Americans Act nutrition program: grocery ordering and delivery.
  • 173-38-03 Assisted living program (medicaid-funded component): enrollment and reassessment of individuals.
  • 173-39-02 ODA provider certification: requirements for providers to become, and to remain, certified.
  • 173-39-02.1 ODA provider certification: adult day service.
  • 173-39-02.7 ODA provider certification: home medical equipment and supplies.
  • 173-39-02.8 ODA provider certification: homemaker.
  • 173-39-02.11 ODA provider certification: personal care.
  • 173-39-02.12 ODA provider certification: Social work counseling service.
  • 173-39-02.14 ODA provider certification: home-delivered meals.
  • 173-39-02.18 Non-medical transportation.
  • 173-39-02.23 ODA provider certification: out-of-home respite.
  • 173-39-03 ODA provider certification: applying for certification.
  • 173-39-03.3 ODA provider certification: applying to be certified to provide additional services.
  • 173-39-03.4 ODA provider certification: applying to be certified in additional regions or to certify additional business sites.
  • 173-39-04 ODA provider certification: structural compliance reviews.
  • 173-40-02 PASSPORT program (state-funded component): individual eligibility requirements.
  • 173-42-03 PASSPORT program (medicaid-funded component): enrollment and reassessment of individuals.
  • 173-42-06 PASSPORT program (medicaid-funded component): individuals' choices and responsibilities.
  • 173-43-02 Long-term care consultation program: process and general standards for providing consultations.
  • 173-43-03 Long-term care consultation program: required consultations and exemptions.
  • 173-43-04 Long-term care consultation program: time frames.
  • 173-43-05 Long-term care consultation program: staff certification.
  • 173-50-03 PACE: enrollment process.
  • 173-51-02 Assisted living program (state-funded component): eligibility requirements.

Emergency recission

  • 173-39-02.21 ODA provider certification: scheduling personal care aides and participant-directed providers.

Emergency rule

  • 173-14-30 Alternative to visits during the COVID-19 state of emergency.