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(A) The United States centers for
medicare and medicaid services limits the number of slots available for
enrollment in the medicaid-funded components of the assisted living and
PASSPORT programs which may cause a waiting list. A lack of capacity in PACE
may also cause a waiting list. ODA has authority to operate and manage
enrollment into those programs, including the ability to establish a waiting
list. (This rule does not apply to the state-funded components of the assisted
living or PASSPORT programs.)(B) Waiting list:
(1) If ODA's
designee determines an individual meets all non-financial eligibility
requirements for the program to which the individual applied, but a slot is not
available for enrollment in the program, ODA's designee shall place the
individual on the unified waiting list established under section 173.55 of the
Revised Code according to the latter of the date the individual applied for the
program to which the individual applied or the date the individual met all
non-financial eligibility requirements for the program to which the individual
applied. The following rules present the non-financial eligibility
requirements:(a) Assisted living: See rule 5160-33-03 of the Administrative
Code.(b) PACE: See rule 173-50-02 of the Administrative
Code.(c) PASSPORT: See rule 5160-31-03 of the Administrative
Code.(2) With the exception of
the circumstances specified in paragraph (A) of this rule, ODA's designee
shall offer enrollment to any individual on the unified waiting list for the
assisted living, PACE, or PASSPORT programs who meets all of the eligibility
requirements for the program to which the individual applied, in compliance
with the enrollment rule for the program to which the individual applied,
according to the chronological order that ODA's designee placed him or her
on the waiting list.(a) The following rules present the eligibility
requirements:(i) Assisted living: See
rule 5160-33-03 of the Administrative Code.(ii) PACE: See rule 173-50-02 of the Administrative
Code.(iii) PASSPORT: See rule 5160-31-03 of the Administrative
Code.(b) The following rules present the enrollment
process:(i) Assisted living: See
rules 173-38-03 and 5160-33-04 of the Administrative Code.(ii) PACE: See rule 173-50-03 of the Administrative
Code.(iii) PASSPORT: See rules 173-42-03 and 5160-31-04 of the
Administrative Code.(3) ODA's designee
shall offer enrollment to an individual on the unified waiting list for the
assisted living, PACE, or PASSPORT programs if the individual meets all of the
eligibility requirements for the program to which the individual applied
according to the chronological order ODA's designee placed the individual
on the unified waiting list, unless prohibited by rule 173-38-03, 173-50-03, or
173-42-03 of the Administrative Code.(4) If ODA's
designee offers enrollment to an individual from the unified waiting list, but
the individual declines enrollment, the individual may remain on the unified
waiting list and ODA's designee shall offer enrollment to the next
individual on the list according to the order this rule
establishes.(5) If a slot is
available in the program to which an eligible individual applied, ODA's
designee or the PACE organization shall not place the individual on the unified
waiting list.(C) Definitions for this
rule:"Assisted living program" (program)
means the medicaid-funded component of the assisted living program created
under section 173.54 of the Revised Code but not the state-funded component of
the assisted living program created under section 173.543 of the Revised Code.
The program provides individuals in the program with the assisted living
service under rule 173-39-02.16 of the Administrative Code and, in some cases,
the community transition service under rule 173-39-02.17 of the Administrative
Code, if the individuals reside in a residential care facility and would
otherwise receive services in a nursing facility if the medicaid-funded
component of the program were not available."Nursing facility" has the same meaning
as in section 5165.01 of the Revised Code."ODA" means "the Ohio department
of aging.""ODA's designee" has the same
meaning as in rule 173-39-01 of the Administrative Code."PACE" means "the program of
all-inclusive care for the elderly.""PASSPORT program" (PASSPORT) means the
medicaid-funded component of the PASSPORT program created under section 173.52
of the Revised Code, but not the state-funded component of the PASSPORT program
created under section 173.522 of the Revised Code.
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