Current through all regulations passed and filed through December 9, 2024
Section 173-39-02.12 - ODA provider certification: social work or counseling(A) Definitions for this rule:(1) "Social work or counseling" (service) means a service to an individual or to an individual's caregiver to promote the individual's physical, social, or emotional well-being; and the development and maintenance of a stable and supportive environment for the individual. (a) "Social work or counseling" includes crisis interventions, grief counseling, and other social work and counseling interventions that support the individual's health and welfare.(b) "Social work or counseling" does not include any of the following:(i) A service provided in place of case management.(ii) A service provided to the individual's authorized representative or caregiver that is unrelated to the individual's well-being.(iii) A service provided if the individual receives a similar service paid (in full or in part) by medicare, state plan medicaid, or another third- party payer.(2) "E.passport" has the same meaning as in section 4732.40 of the Revised Code.(B) Requirements for an ODA-certified provider of social work or counseling:(1) General requirements: The provider is subject to rule 173-39-02 of the Administrative Code.(2) Venue: The provider shall provide this service in the individual's home, in another community-based setting agreed upon by the individual and the provider, or by telephone or video conference as permitted by the licensing board for the licensed professional providing this service.(3) Assessment: The provider shall assess each individual, including the individual's psycho-social, financial, and environmental statuses.(4) Treatment plan: (a) The provider shall develop a treatment plan that includes a method of treatment and number of sessions and share the plan with the individual and the individual's case manager within ten business days after the provider completes the assessment.(b) The provider shall implement the treatment plan.(5) Provider qualifications: No person may provide the service, whether as a non- agency provider or as an employee or subcontractor of an agency provider, unless the person meets the following qualifications.(a) The person has a current, valid license in good standing with the provider's state licensing board to be one of the following:(i) Licensed psychologist or licensed psychologist with an e.passport.(ii) Licensed professional clinical counselor (LPCC), including an LPCC from a member state with an unencumbered multistate license under section 4757.51 of the Revised Code.(iii) Licensed professional counselor (LPC), including an LPC from a member state with an unencumbered multistate license under section 4757.51 of the Revised Code.(iv) Independent marriage and family therapist (IMFT).(v) Marriage and family therapist (MFT).(vi) Licensed independent social worker (LISW) including, beginning on August 9, 2024, an LISW from a member state with an unencumbered multistate license under section 4757.52 of the Revised Code.(vii) Licensed social worker (LSW) including, beginning on August 9, 2024, an LSW from a member state with an unencumbered multistate license under section 4757.52 of the Revised Code.(viii) An advanced practice RN designated as a CNP or CNS and certified as a psychiatric-mental health CNP or CNS by the American nurses credentialing center.(b) The person has at least one year of social work or counseling experience.(6) Service verification: The following are the mandatory reporting items for each session:(c) Time of day each session begins and ends.(d) Name of staff member providing social work or counseling to the individual or the individual's caregiver (if an agency provider).(e) A unique identifier of the individual to attest to participating in the session.(C) Unit and rate:(1) For the PASSPORT program, the appendix to rule 5160-1-06.1 of the Administrative Code lists the following: (a) A unit of a social work or counseling as fifteen minutes of session time with the individual.(b) The maximum-allowable rate for a unit of social work or counseling.(2) For the PASSPORT program, rule 5160-31-07 of the Administrative Code establishes the rate-setting methodology for social work or counseling. Replaces: 173-39-02.12
Ohio Admin. Code 173-39-02.12
Effective: 7/1/2024
Five Year Review (FYR) Dates: 06/29/2029
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.391, 173.52, 173.522
Rule Amplifies: 173.39, 173.391, 173.52, 173.522; 42 C.F.R. 441.352
Prior Effective Dates: 03/31/2006, 09/02/2010, 12/01/2015, 06/11/2020 (Emer.), 10/23/2020, 04/17/2022