Current through all regulations passed and filed through December 9, 2024
Section 173-39-02.8 - ODA provider certification: homemaker(A) Definitions for this rule: (1) "Homemaker" means a service enabling individuals to achieve and maintain clean, safe and healthy environments, assisting individuals to manage their personal appointments and day-to-day household activities, and ensuring individuals maintain their current living arrangements. Homemaker activities include the following when authorized in the person-centered services plan: (a) Assistance with meal planning.(b) Meal preparation, grocery purchase planning, and assisting individuals with shopping and other errands.(c) Laundry, including washing, drying, folding, ironing, and putting away laundry in the individual's home and washing and drying at a laundromat if the individual does not have a working washer and dryer.(d) House cleaning including dusting furniture, sweeping, vacuuming, and mopping floors; kitchen care including dishes, appliances, and counters; bathroom care; emptying and cleaning bedside commodes; changing bed linens; washing inside windows within reach from the floor; and removing trash.(e) Errands outside of the presence of the individual which are needed by the individual to maintain the individual's health and safety (e.g., picking up a prescription or groceries for the individual).(f) Acting as a travel attendant for individuals.(2) "Aide" means the person who provides homemaker activities.(B) Requirements for ODA-certified providers of homemaker:(1) General requirements: The provider is subject to rule 173-39-02 of the Administrative Code.(2) Eligible providers of homemaker are ODA-certified agency providers.(3) Availability: The provider shall maintain adequate staffing levels to provide the service at least five days per week, including having a back-up plan for providing the service when the provider has no aide or aide supervisor available.(4) Provider policies: The provider shall develop written or electronic personnel requirements, including all the following:(a) Job descriptions for each position.(b) Documentation of each employee's qualifications for the homemaker activities to be provided. (5) Staff qualifications: (a) Aides: (i) General standard: No aide may provide an activity under paragraph (A)(1) of this rule unless the aide successfully completes training and competency evaluation on that activity.(ii) Initial qualifications: A person qualifies to serve as an aide only if the person meets at least one of the following qualifications:(a) The person meets at least one of the qualifications to be a PCA under paragraph (C)(3)(a) of rule 173-39-02.11 of the Administrative Code, the training and competency evaluation comply with paragraph (C)(3)(e) of rule 173-39-02.11 of the Administrative Code, and the provider meets the verification requirements under paragraph (C)(3)(f) of rule 173-39-02.11 of the Administrative Code.(b) The person successfully completed training and competency evaluation on any activity listed under paragraph (A)(1) of this rule that the person would provide as an aide. For example, a person who would provide only laundry activities as an aide would qualify to be an aide by successfully completing training and competency evaluation on laundry activities.
(iii) Before providing activities to individuals, the provider shall conduct a competency evaluation of any aide not listed on ODH's nurse aide registry as "active," "in good standing," or "expired" for any activity the aide is expected to provide to individuals. (b) Supervisors: A person qualifies to serve as an aide supervisor only if the person meets one or more of the following qualifications: (i) The person has a bachelor's or associate's degree in a health and human services area.(ii) The person is an RN or LPN .(iii) The person is a licensed social independent worker (LISW) or licensed social worker (LSW).(iv) The person completed at least two years of work as an aide, as defined by this rule.(c) All staff: (i) Orientation: Before allowing any staff member to provide homemaker activities to an individual, the provider shall ensure that the aide successfully completes orientation on all the following topics: (a) The provider's expectations of homemaker staff.(b) The provider's ethical standards under rule 173-39-02 of the Administrative Code.(c) An overview of the provider's personnel policies.(d) The organization and lines of communication of the provider's agency.(e) Person-centered planning process.(f) Incident-reporting procedures.(g) Emergency procedures.
(h) Standard precautions for infection control, including hand washing and the disposal of bodily waste.(ii) In-service training: The provider shall ensure that each aide successfully completes a minimum of six hours of ODA-approved in-service training every twelve months on a topic elated to an activity that the aide provides or may provide after successfully completing training with competency evaluation.(6) Supervisory requirements: (a) Initial: The supervisor shall complete an initial visit, which may occur at the aide's initial homemaker visit to the individual to define the expected activities of the homemaker aide and prepare a written or electronic activities plan consistent with the individual's person-centered services plan. During a state of emergency declared by the governor or federal public health emergency, the supervisor may conduct the visit by telephone, video conference, or in person at the individual's home.(b) Subsequent: The supervisor shall complete an evaluation of the aide's compliance with the activities plan, the individual's satisfaction, and job performance during a home visit with the individual at least every ninety days . The supervisor may conduct each visit with or without the presence of the aide being evaluated. The supervisor may conduct the visit by telephone, video conference, or in person.(c) Verification: In the individual's activity plan, the supervisor shall retain a record of the initial visit and each subsequent visit that includes either of the following:(i) For an in-person visit, the date of the visit, an indication that the visit occurred in person at the individual's home, the supervisor's name, the supervisor's unique identifier, the individual's name, and a unique identifier of the individual or the individual's caregiver. During a state of emergency declared by the governor or a federal public health emergency, the provider may verify that the supervisor provided the initial or subsequent visit without collecting a unique identifier of the individual or the individual's caregiver.(ii) For a visit by telephone or video conference, the date of the visit, an indication of whether the visit was provided by telephone or video conference, the supervisor's name, the individual's name, and evidence that a visit occurred by telephone or video conference (e.g., a record automatically generated by telehealth software, a record showing that the supervisor's phone called the individual's phone, or clinical notes from the supervisor).(7) Service verification: The following are the mandatory reporting items for each episode of service: the individual's name, the date of service, a description of the activities provided, the name of the aide providing the activities, the aide's arrival and departure times, the unique identifier of the aide, and the unique identifier of the individual to attest to receiving the service.(C) Units and rates: (1) For the PASSPORT program, the appendix to rule 5160-1-06.1 of the Administrative Code lists the following:(a) One unit of homemaker service as fifteen minutes.(b) The maximum rate allowable for a unit of homemaker activities.(2) For the PASSPORT program, rule 5160-31-07 of the Administrative Code establishes the rate-setting methodology.Ohio Admin. Code 173-39-02.8
Effective: 7/1/2024
Five Year Review (FYR) Dates: 3/26/2024 and 06/29/2029
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.391, 173.52, 173.522, 173.54, 173.543
Rule Amplifies: 173.39, 173.391, 173.52, 173.522; 42 CFR 441.352
Prior Effective Dates: 03/31/2006, 10/01/2017, 06/11/2020 (Emer.), 01/10/2021, 04/04/2022