Section 5160-44-16 - Nursing facility-based level of care home and community-based services programs: personal emergency response systems(A) " Personal emergency response systems" (PERS) is a service with a monitoring, reminder and/or reporting component available to support individuals' independence in the community. PERS include telecommunications equipment, a central monitoring station (station), and a medium for two-way, hands-free communication between the individual and the station. Personnel at the station respond to an individual's alarm signal via the individual's PERS equipment.(B) " PERS equipment" means equipment that is appropriate to meet the assessed needs of the individual as authorized on the individual's person-centered services plan and that meets all of the following characteristics: (1) Includes an activation device that is wearable and water-resistant according to a generally-accepted industry standard for water resistance to a level matching the individual's assessed needs and preferences.(2) Has an internal battery providing at least twenty-four hours of power without recharging. (3) Accommodates the individual's needs and preferences .(C) " PERS" does not include: (1) Remote video monitoring of the individual in his or her home.(2) Systems that connect the individual to only emergency service personnel.(D) PERS provider requirements. The provider will: (1) Ensure and maintain a record of the successful completion of training on how to respond to alarm signals by each staff member whose job duties include responding to alarm signals at the station.(2) Ensure each individual is able to choose the PERS device that meets his or her assessed needs and preferences as authorized by the individual's person-centered services plan.(3) Install and activate the individual's PERS equipment no later than seven days after the date PERS has been authorized on the individual's person-centered services plan by the Ohio department of medicaid (ODM), the Ohio department of aging (ODA) or their designee.(4) Train each individual receiving PERS with the following: (a) An initial demonstration on how to use their PERS equipment. The demonstration can be conducted by telephone or electronically, unless the individual's needs necessitate an in-person visit.(b) A successful return demonstration by the individual of all components of the PERS equipment and monthly testing.(5) Ensure the availability of language assistance in the event the individual has limited English language proficiency.(6) Consult with the individual and case manager before activating PERS equipment to develop an initial written response plan regarding how to proceed when an alarm is signaled within the following parameters. (a) The written response plan includes a summary of the individual's information regarding medical diagnosis, treatment and preferences, as well as the contact information for the individual's designated responder. (i) For the purpose of this rule, a designated responder is a person or organization identified in an individual's written response plan who the station contacts if the individual signals an alarm and requires assistance from the designated responder.(ii) The provider identifies emergency service personnel on the written response plan only if the individual does not designate a responder or only designates one responder. (b) The provider notifies each person the individual designated when activating the individual's PERS equipment and on an annual basis thereafter as part of the monthly service that, at a minimum, the individual designated the person as a responder and to provide instructions on how to respond when an alarm is signaled.(c) The provider consults with the individual and ODM, ODA or their designee to identify a new designated responder in the written response plan whenever the person the individual chooses to be a designated responder refuses to participate or stops participating.(7) Replace any malfunctioning PERS equipment at no additional cost to the individual, ODM, ODA, or their designee no later than twenty-four hours after it is notified of the malfunction, or no later than twenty-four hours after the malfunction is detected through the monthly testing of equipment, unless the malfunction is due to the individual's apparent misuse, abuse, or negligence of the equipment.(8) Provide ongoing customer support to the individual, designated responder, ODM, ODA and its designee upon request of one or more of those parties as part of the monthly service.(9) The provider will notify ODM, ODA, or their designee, in writing, if at any time, the provider determines inability to meet the individual's assessed needs, as identified through the individual's person-centered services plan.(10) Employ staff to comprise a central monitoring station located in the United States or may subcontract with another company to use a station located in the United States to provide the station component of the PERS.(11) Maintain a primary system to receive and respond to alarm signals from individuals twenty-four hours a day, every day of the year;(12) Maintain a secondary system to respond to all incoming alarm signals in case the primary system is unable to respond to alarm signals;(13) Respond to each alarm signal no more than sixty seconds after it receives the alarm signal;(14) Notify ODM, ODA or their designee of any emergency involving an individual no more than twenty-four hours after the individual sends the alarm signal;(15) Notify ODM, ODA or their designee when a pattern of frequent false alarms has been established for an individual;(16) Contact emergency service personnel in the event a provider receives an alarm signal, but the station cannot reach a designated responder; and(17) Remain in communication with the individual in the event of a personal emergency through the two-way communication feature of the PERS equipment until a designated responder or emergency service personnel arrives in the individual's home, the personal emergency subsides, or after it is determined there is no personal emergency (e.g. false alarm).(E) PERS providers will maintain the following documentation for each individual receiving PERS: (1) Date and time of equipment delivery and installation;(2) A copy of the individual's initial and all subsequent written response plans;(3) Date the individual and designated responder received initial and annual notification from the PERS provider as required by paragraph (D)(6)(b) of this rule;(4) Date, time and results of monthly testing; and(5) Date, time and summary of actions taken regarding service-related contacts. Ohio Admin. Code 5160-44-16
Effective: 1/1/2024
Five Year Review (FYR) Dates: 9/22/2023 and 01/01/2029
Promulgated Under: 119.03
Statutory Authority: 5166.02
Rule Amplifies: 5162.03, 5166.02, 5164.02
Prior Effective Dates: 03/30/1990 (Emer.), 06/29/1990, 07/01/1990, 03/12/1992 (Emer.), 06/01/1992, 07/31/1992 (Emer.), 10/30/1992, 07/01/1993 (Emer.), 07/30/1993, 09/01/1993, 01/01/1996, 07/01/1998, 07/01/2006, 10/25/2010, 07/01/2015, 11/03/2016, 01/01/2019, 06/12/2020 (Emer.), 12/10/2020