173.401 [Effective Until 8/31/2010] PASSPORT waiver amendment authorizing additional enrollments.
173.401 [Effective Until 8/31/2010] PASSPORT waiver amendment authorizing additional enrollments.
(A) As used in this section:
Area agency on aging” has the same meaning as in section 173.14 of the Revised Code.
Long-term care consultation program” means the program the department of aging is required to develop under section 173.42 of the Revised Code.
Long-term care consultation program administrator” or “administrator” means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.
PASSPORT waiver” means the federal medicaid waiver granted by the United States secretary of health and human services that authorizes the PASSPORT program.
(B) The director of job and family services shall submit to the United States secretary of health and human services an amendment to the PASSPORT waiver that authorizes additional enrollments in the PASSPORT program pursuant to this section. Beginning with the month following the month in which the United States secretary approves the amendment and each month thereafter, each area agency on aging shall determine whether individuals who reside in the area that the area agency on aging serves and are on a waiting list for the PASSPORT program have been admitted to a nursing facility. If an area agency on aging determines that such an individual has been admitted to a nursing facility, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides about the determination. The administrator shall determine whether the PASSPORT program is appropriate for the individual and whether the individual would rather participate in the PASSPORT program than continue residing in the nursing facility. If the administrator determines that the PASSPORT program is appropriate for the individual and the individual would rather participate in the PASSPORT program than continue residing in the nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department of aging shall approve the individual’s enrollment in the PASSPORT program regardless of the PASSPORT program’s waiting list and even though the enrollment causes enrollment in the program to exceed the limit that would otherwise apply. Each quarter, the department of aging shall certify to the director of budget and management the estimated increase in costs of the PASSPORT program resulting from enrollment of individuals in the PASSPORT program pursuant to this section.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
Effective Date: 2007 HB119 07-01-2007
This section is set out twice. See also § 173.401, as amended by 128th General Assembly File No. 33, HB 398, § 1, eff. 8/31/2010.
173.401 [Effective 8/31/2010] PASSPORT waiver amendment authorizing additional enrollments
(A) As used in this section:
“Area agency on aging” has the same meaning as in section 173.14 of the Revised Code.
“Long-term care consultation program” means the program the department of aging is required to develop under section 173.42 of the Revised Code.
“Long-term care consultation program administrator” or “administrator” means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
“Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.
“PASSPORT waiver” means the federal medicaid waiver granted by the United States secretary of health and human services that authorizes the PASSPORT program.
(B) The department shall establish a home first component of the PASSPORT program under which eligible individuals may be enrolled in the PASSPORT program in accordance with this section. An individual is eligible for the PASSPORT program’s home first component if all of the following apply:
(1) The individual is eligible for the PASSPORT program.
(2) The individual is on the unified waiting list established under section 173.404 of the Revised Code.
(3) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that the individual has a medical condition that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, will require the individual to be admitted to a nursing facility within thirty days of the physician’s determination.
(c) The individual has been hospitalized and a physician has determined and documented in writing that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, the individual is to be transported directly from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under section 5101.61 of the Revised Code regarding abuse, neglect, or exploitation or such a report referred to a county department of job and family services under section 5126.31 of the Revised Code or has made a request to a county department for protective services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an area agency on aging have jointly documented in writing that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, the individual should be admitted to a nursing facility.
(C) Each month , each area agency on aging shall identify individuals residing in the area that the agency serves who are eligible for the home first component of the PASSPORT program . When an area agency on aging identifies such an individual , the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides . The administrator shall determine whether the PASSPORT program is appropriate for the individual and whether the individual would rather participate in the PASSPORT program than continue or begin to reside in a nursing facility. If the administrator determines that the PASSPORT program is appropriate for the individual and the individual would rather participate in the PASSPORT program than continue or begin to reside in a nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department shall approve the individual’s enrollment in the PASSPORT program regardless of the unified waiting list established under section 173.404 of the Revised Code, unless the enrollment would cause the PASSPORT program to exceed any limit on the number of individuals who may be enrolled in the program as set by the United States secretary of health and human services in the PASSPORT waiver.
(D) Each quarter, the department of aging shall certify to the director of budget and management the estimated increase in costs of the PASSPORT program resulting from enrollment of individuals in the PASSPORT program pursuant to this section.
Amended by 128th General Assembly File No. 33, HB 398, § 1, eff. 8/31/2010.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
Effective Date: 2007 HB119 07-01-2007
This section is set out twice. See also § 173.401, effective until 8/31/2010.