(A) Except as otherwise provided by 42 C.F.R. § 431.51, an individual with a developmental disability who is eligible for home and community-based services has the right to obtain the services from any provider of the services that is qualified to furnish the services and is willing to furnish the services to the individual. A county board of developmental disabilities that has medicaid local administrative authority under division (A) of section 5126.055 of the Revised Code for home and community-based services and refuses to permit an individual to obtain home and community-based services from a qualified and willing provider shall provide the individual timely notice that the individual may appeal under section 5160.31 of the Revised Code.

Terms Used In Ohio Code 5126.046

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Developmental disability: includes intellectual disability. See Ohio Code 5126.01
  • Residential services: includes program management, as described in section 5126. See Ohio Code 5126.01
  • Supported living: includes the provision of all of the following:

    (a) Housing, food, clothing, habilitation, staff support, professional services, and any related support services necessary to ensure the health, safety, and welfare of the individual receiving the services;

    (b) A combination of lifelong or extended-duration supervision, training, and other services essential to daily living, including assessment and evaluation and assistance with the cost of training materials, transportation, fees, and supplies;

    (c) Personal care services and homemaker services;

    (d) Household maintenance that does not include modifications to the physical structure of the residence;

    (e) Respite care services;

    (f) Program management, as described in section 5126. See Ohio Code 5126.01

(B) Except as otherwise provided by 42 C.F.R. § 431.51, an individual with a developmental disability who is eligible for ICF/IID services has the right to obtain the services from any provider that is qualified to furnish the services and is willing to furnish the services to the individual.

(C) An individual with a developmental disability who is eligible for both home and community-based services and ICF/IID services has the right to choose whether to receive home and community-based services or ICF/IID services.

(D) An individual with a developmental disability who is eligible for nonmedicaid residential services or nonmedicaid supported living has the right to obtain the services from any provider of the residential services or supported living that is qualified to furnish the residential services or supported living and is willing to furnish the residential services or supported living to the individual.

(E) The director of developmental disabilities shall adopt rules in accordance with Chapter 119 of the Revised Code governing the implementation of this section. The rules shall include procedures for individuals to choose their providers.

  Previous section
Next section  
 Chapter 5126 Contents