Ohio Adm.Code 3304 | Ohio Administrative Code 3304 — Opportunities for Ohioans with Disabilities

Chapter 3304-1 General Rules

Ohio Adm.Code 3304-1-01 Purpose of the opportunities for Ohioans with disabilities agency.

The opportunities for Ohioans with disabilities agency ("OOD") is the sole state agency designated to administer the plan under the Rehabilitation Act of 1973, 87 Stat. 355, 29 U.S.C. 701, as amended. Section 221(a) and 1633 of the Social Security Act as amended provides that disability determinations will be made by the state. OOD is composed, in part, of two bureaus and one division:

(A) The bureau of vocational rehabilitation ("BVR") provides vocational rehabilitation services to persons with disabilities other than visual.

(B) The bureau of services for the visually impaired ("BSVI") provides vocational rehabilitation services to persons who are legally blind, and to persons who are visually impaired.

(C) The division of disability determination ("DDD") makes determinations on all claims for social security disability insurance benefits and supplemental security income payments based on law, regulations, and written guidelines issued by the social security administration.

Last updated February 15, 2024 at 2:31 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3304-1-04 Duties of the OOD executive director.

The OOD executive director shall perform the following duties:

(A) Appoint, remove, or take any other disciplinary action with an OOD employee that the executive director deems necessary, without engaging in any unlawful discriminatory practices based upon age (forty years or older), color, disability, national origin (ancestry), race, genetic information, religion, sexual orientation, gender/sex (including sexual harassment), gender identity or expression, military status, status as a parent during pregnancy and immediately after the birth of a child, status as a nursing mother, status as a parent of a young child, or status as a foster parent as those terms are defined in applicable Ohio law, federal law, and any effective executive order.

(B) Sign or authorize designees to sign all grants and contract service agreements awarded by OOD to individuals, and to public and other non-profit agencies and organizations.

(C) Ensure that every contract service agreement and grant awarded by OOD that is audited by OOD shall be audited on the basis of the terms and conditions of the contract service plan or grant.

Last updated February 15, 2024 at 2:31 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3304-1-10 Audits.

(A) OOD shall audit organizations or individuals receiving its funds as it deems necessary to assure proper control of those funds.

(1) After the OOD executive director or designee's determination of audit findings, OOD shall release the following to the audited party:

(a) The audit report; and

(b) The appeal procedures; and if applicable,

(2) If the audited party does not file an objection or a request for clarification by the deadline listed in paragraph (B)(1) of this rule, if it owes OOD money, and if the amount owed is not submitted within forty-five days of receipt of OOD's billing, the account shall be submitted to the attorney general for collection.

(3) The audit shall be closed when one of the following occurs:

(a) Neither the audited party nor OOD owes money to the other and the deadline for submitting an objection or request for clarification (listed in paragraph (B)(1) of this rule) has passed; or

(b) An audit is turned over to the attorney general's office for non-payment: or

(d) The audited party submits its payment to OOD; or

(e) If OOD owes the audited party payment and if the audited party owes OOD payment, the audit shall be closed once the audited paty submits its payment to OOD and once OOD approves the audited party's billing for payment.

(4) After the audit is closed, the audit report shall be released to the auditor of state and to the OOD division of finance. Other parties may receive copies in accordance with section 149.43 of the Revised Code.

(B) If the audited party objects to the audit report in paragraph (A)(1)(a) of this rule or requires an explanation of it, the objection to the report or request for an explanation shall be made in this manner:

(1) The written objection or request for clarification shall be sent to the OOD executive director by certified mail (return receipt requested) within ten calendar days of receipt of the OOD audit report.

(2) The audited party shall then have thirty days after sending the letter of objection to OOD, or thirty days after receipt of OOD's clarification, to submit written substantiation that the findings are not correct; this written substantiation shall be submitted to OOD.

(3) After determination by the OOD executive director, OOD shall notify the audited party, by mail, about the determination; and, when applicable, shall also mail a request for a billing if OOD owes money to the audited party or a bill if the audited party owes money to OOD.

(4) The audit shall be closed as described in paragraph (A)(3) of this rule, and then the audit report shall be released as described in paragraph (A)(4) of this rule.

(5) If the amount owed to OOD is not paid within forty-five days of receipt of OOD's billing, the account shall be submitted to the attorney general for collection.

Last updated February 15, 2024 at 2:31 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3304-1-11 Accessibility to meetings, conferences, and seminars; and OOD offices.

(A) All meetings, conferences, and seminars sponsored by OOD shall be held in buildings that are in compliance with accessibility standards established by the Americans with Disabilities Act of 1990, as amended, and Ohio law, rules and code.

(B) All announcements and communications for meetings, conferences, and seminars shall include a notice indicating that services shall be made accessible to individuals with disabilities attending the meeting, if requested within specified timeframes in the notice.

Last updated February 15, 2024 at 2:31 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3304-1-13 Deadline for submitting a bill to OOD for payment.

When OOD purchases a good or service from any vendor or service provider, the vendor or service provider shall submit the bill to OOD within ninety days of OOD's acceptance of the good or service or within ninety days of the date OOD becomes aware of a bill being due. If the vendor or service provider cannot submit the bill within ninety days, the vendor or service provider may request an extension indicating the reason for needing an extension and the amount of time needed. The request for an extension must be made in writing to the OOD executive director or their designee at least thirty days before the bill is due. If the bill is not submitted to OOD within ninety days of acceptance of the good or service or if a written extension is not requested, OOD may not pay the bill. When OOD asks a vendor or service provider to bill a third party before billing OOD, that vendor or service provider shall submit the bill within ninety days of receiving payment from the third party.

Last updated February 15, 2024 at 2:32 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3304-1-15 Employee access to confidential information.

(A) All personal information systems of the opportunities for Ohioans with disabilities agency (OOD) shall be maintained in accordance with Chapter 1347. of the Revised Code.

(B) For the purposes of this rule, the following definitions apply:

(1) "Access" as a noun means an opportunity to copy, view, or otherwise perceive whereas "access" as a verb means to copy, view, or otherwise perceive.

(2) "Acquisition of a new computer system" means the purchase of a "computer system" as defined in this rule, that is not a computer system currently in place or one for which the acquisition process has been initiated as of the effective date of this rule.

(3) "Computer system" means a "system" as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(4) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(5) "Employee" means each employee of OOD regardless of whether the employee is a public official or public employee.

(6) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(7) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(8) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(9) "Person" means natural person.

(10) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(11) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(12) "Research" means a methodical investigation into a subject.

(13) "Routine" means common place, regular, habitual or ordinary.

(14) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to OOD's employees that is maintained by OOD for administrative and human resource purposes.

(15) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(16) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

(C) Procedures for accessing confidential personal information. For personal information systems, whether manual or computer systems, that contain confidential personal information, OOD shall do the following:

(1) Establish criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an OOD employee to fulfill the employee's job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. OOD shall establish procedures for determining a revision to an employee's access to confidential personal information on a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(2) Respond to an individual's request for a list of confidential personal information. On the signed written request of any individual for a list of confidential personal information about the individual maintained by OOD, OOD shall do the following:

(a) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(b) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(c) Inform the individual that OOD has no confidential personal information about the individual that is responsive to the individual's request if all information maintained by OOD relates to an investigation about the individual.

(D) Notify an individual whose confidential personal information maintained by OOD is accessed for an invalid reason.

(1) On discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, OOD shall notify the individual whose information was invalidly accessed as soon as practical and to the extent known at the time. However, OOD shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation of invalid access or jeopardize homeland or national security. Additionally, OOD may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the manual or computer system that contains the confidential personal information that was invalidly accessed.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once OOD determines that notification would not delay or impede an investigation, OOD shall disclose the access to confidential personal information made for an invalid reason to the individual.

(2) Notification provided by OOD shall inform the individual of the type of confidential personal information accessed and, if known, the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the individual of the invalid access, including written, electronic, or telephone notice.

(E) Appoint a data privacy point of contact. The OOD executive director or designee shall designate an employee of OOD to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the state of Ohio's office of information technology to assist OOD with both the implementation of privacy protections for the confidential personal information that OOD maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(F) Complete a privacy impact assessment. The data privacy point of contact for OOD shall timely complete the privacy impact assessment form developed by the office of information technology.

(G) Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to OOD's exercise of its powers or duties, for which only authorized OOD employees may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI OOD maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims, other financial activities, or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure, permit, eligibility, and filing processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings or evidentiary review by a hearing examiner;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues, payroll, Federal Medical Leave Act issues, disability issues, employee assistance program issues);

(14) Complying with an executive order or policy;

(15) Complying with an OOD policy or procedure, or a state administrative policy or directive issued by the department of administrative services (DAS), the office of budget and management (OBM), or other similar state agency;

(16) Complying with a collective bargaining agreement provision;

(17) Administering an OOD program;

(18) Facilitating operational efficiencies or responding to complaints, grievances or appeals against OOD; or

(19) Maintaining data systems or performing information technology responsibilities.

(H) Confidentiality. The following federal statues or regulations or state statues and administrative rules make personal information maintained by OOD confidential:

(1) Social security numbers pursuant to 5 U.S.C. 552a, unless the individual was told that the number would be disclosed;

(2) Bureau of criminal investigation and information criminal records check results pursuant to section 4776.04 of the Revised Code;

(3) Personal information identified by the state vocational rehabilitation services program pursuant to 34 C.F.R. 361.38 in effect on the effective date of this rule;

(4) Any personal information identified in rule 3304-2-63 of the Administrative Code;

(5) Any personal information that is considered confidential under section 149.43 and section 3304.21 of the Revised Code.

(6) Employee assistance program records as stated in section 124.88 of the Revised Code.

(7) Medical records of OOD employees or their family members: "Family Medical Leave Act of 1993," Pub. L. No. 103-3; 29 U.S.C. Sec. 260 as implemented in 29 C.F.R. 825.500; Section I of the "Americans with Disabilities Act of 1990," 42 U.S.C. Sec. 12112(d).

(I) For personal information systems that are computer systems and contain confidential personal information, OOD shall do the following:

(1) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(2) Acquisition of a new computer system. When OOD acquires a new computer system that stores, manages or contains confidential personal information, OOD shall include a mechanism for recording specific access by employees of OOD to confidential personal information in the system.

(3) Upgrading existing computer systems. When OOD modifies an existing computer system, OOD shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system, or acquisition of a new computer system, shall include a mechanism for recording specific access by OOD employees to confidential personal information in the system.

(J) Logging requirements regarding confidential personal information in existing computer systems.

(1) Employees who access confidential personal information within computer systems shall maintain a log that records that access unless a mechanism automatically records specific access by OOD employees to that computer system.

(2) Access to personal confidential information is not required to be entered into the log under the following circumstances:

(a) The OOD employee is accessing confidential personal information for official OOD purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The OOD employee is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The OOD employee comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(d) The OOD employee accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself; or

(ii) The individual makes a request that OOD takes some action on that individual's behalf and accessing the confidential personal information is required to consider or process that request.

(K) Log management. The agency shall issue a policy that specifies the following:

(1) The form or forms for logging and in what format;

(2) Who shall maintain the log;

(3) What information shall be captured in the log;

(4) How the log shall be stored; and

(5) How long information kept in the log is to be retained.

(L) Nothing in this rule limits OOD from requiring logging in any circumstance that it deems necessary.

Last updated May 11, 2026 at 10:19 AM

History

Effective: May 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3304-2-63

OOD collects and maintains confidential information on individuals. OOD, and anyone with access to the confidential information, shall keep such information confidential. OOD shall destroy individual information when the information is no longer necessary and relevant to the lawful functions of OOD, and when the destruction is permitted in accordance with other state and federal regulations that govern OOD.

Throughout this rule, the individual's legal guardian (court-appointed with authority to act in this area, or a parent for a minor) shall have the same rights as the individual. The individual's legal guardian shall sign any consent to release information.

(A) "Confidential information" means any information received about any individual who has been referred to OOD, has applied for services, is currently receiving services, or has received services.

(B) Within fifteen days of the individual's written request, OOD shall release any information contained in the individual's case record except for that information listed in paragraphs (D) to (D)(2) of this rule, and shall inform the individual of the individual's right to disagree with information that has been collected and how the individual may register the disagreement. The individual shall receive one copy of information on a one-time, no-cost basis.

(C) An individual may request in writing to review the individual's case record. On receiving the individual's request, OOD shall schedule a mutually convenient time for the individual to review the individual's case record.

(1) A counselor or supervisor shall be present during the individual's review.

(2) On request, the individual shall receive one copy of information on a one-time, no-cost basis.

(D) The individual requesting the individual's case record shall not have access to the following information:

(1) Medical, psychological, or other information that an OOD medical or psychological consultant determines may be harmful to the individual or is marked confidential. Such information shall be released only to a third party designated by the individual, in writing, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual, in which case the information shall be released to the court-appointed representative. OOD shall not assume the cost for the interpretation of any information to the individual. The individual shall be informed of the procedure for obtaining the release of information to a third party if any information is removed from the case record under this section for the individual's review.

(2) OOD shall not release unpurchased information, or information which otherwise indicates the information shall not be shown to the individual. If the individual requests such information, the individual shall be referred to the source where the information was obtained.

(E) An individual may object to any information in the individual's case record. On receiving an objection, OOD shall review the disputed information for accuracy, relevance, timeliness, and completeness. OOD shall inform the individual of the results of the review and the action taken, if any, within ninety calendar days of the individual's objection.

(1) Unverified or inaccurate information about eligibility or justification for services provided or not provided shall not be destroyed, but shall not be used for any further purpose in evaluating eligibility or services.

(2) Information that cannot be verified or is inaccurate, and does not concern eligibility or services, shall be destroyed, or when possible, redacted or corrected.

At the individual's written request, OOD shall inform any person the individual designates that the disputed information has been removed.

(3) An individual not satisfied with the review and the action taken may submit a written rebuttal about information not destroyed, redacted or corrected. OOD shall place the individual's rebuttal in the individual's case record. OOD may add a statement explaining why the information was not destroyed.

At the individual's written request, OOD shall provide the rebuttal, or corrected record, to any person the individual designates.

(F) The individual, or the individual's legal guardian, may sign a general consent permitting OOD to provide confidential information to third parties to obtain or provide services to the individual. This includes, but is not limited to, obtaining services from service providers, vendors, other agencies, and facilities; to obtain placement from employers; to report to the referral source; and to provide information requested by law enforcement agencies. OOD shall inform the provider or cooperating agency the following on the release of confidential information:

(1) Whether any information shall only be released pursuant to the provisions in paragraph (D) of this rule;

(2) That the information shall not be released to others without the individual's consent; and

(3) That the information shall be used only for the purpose provided.

(G) OOD shall obtain the individual, or the individual's legal guardian, specific written consent to release confidential information for the following purposes.

(1) To permit any other person to have access to the individual's case record to which the individual has access. Any person so designated by the individual shall receive one copy of the individual's case record at no cost.

(2) To release information to the media, but OOD shall release only information that may be released to the individual.

(3) For a purpose not covered elsewhere in this rule.

(4) To respond to a subpoena request for an individual's records. The attorney who subpoenaed the records shall be responsible for obtaining the individual's written consent.

(H) OOD does not require consent from the individual to release confidential information for investigations in connection with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); to protect the individual or others when the individual poses a threat to the individual's safety or to the safety of others; in response to a court order; to report a felony as required by law; or when required by state or federal law.

In addition, OOD does not require the individual's consent to release individual confidential information to an organization, agency, or individual engaged in audit, evaluation, or research for purposes directly connected with the administration of the vocational rehabilitation program, or for purposes which would significantly improve the quality of life for persons with disabilities, and both of the following conditions are met:

(1) If the organization, agency, or individual assures that:

(a) The information shall be used only for the purposes for which it is being provided;

(b) The information shall be released only to persons officially connected with the audit, evaluation, or research;

(d) The information shall be managed in a manner to protect confidentiality;

(e) The final product shall not reveal any personal identifying information without the written consent of the individual, or the individual's legal guardian or legal representative; and

(2) The OOD executive director or designee has approved the release.

(I) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated July 6, 2026 at 9:18 AM

History

Effective: July 2, 2026
Promulgated Under: 119.03

Chapter 3304-2 Vocational Rehabilitation Program

Ohio Adm.Code 3304-2-21 Third-party payments.

(A) Regardless of any contract provision to the contrary, OOD shall pay for the costs of vocational rehabilitation services available to assist an individual with a disability in preparing for, securing, retaining, advancing in, or regaining an employment outcome consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice and pursuant to this chapter . Unless otherwise specified in rule 3304-2-52 of the Administrative Code, OOD payments for costs shall be made after all third-party payment sources are exhausted.

(B) As used in this rule, "third-party payor" means any insurer or other third-party payor licensed by the Ohio superintendent of insurance and any payor under any individual or group contract.

(C) This rule is designed to implement "Title IV of the Workforce Investment Act," 29 U.S.C. 2801-2945, which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701-797 and resulting regulations.

Last updated February 18, 2025 at 8:02 AM

History

Effective: February 17, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3304-2-52

(A) Definitions

(1) "Comparable benefits" means service and benefits, including accommodations and auxiliary aids and services, that are provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits; are available to the individual at the time needed to ensure the progress toward achieving the employment outcome in the individual's individualized plan for employment; and are commensurate to the services that the individual would otherwise receive from OOD.

(2) "Extreme medical risk" means a probability of substantially increasing functional impairment or a risk of death if medical services, including mental health services, are not provided expeditiously. Determination of such risk shall be based on medical evidence provided by an appropriate, licensed medical professional.

(B) OOD shall provide services to an individual with a disability at the least cost consistent with their disability and rehabilitation needs, except if otherwise noted in this rule.

(C) If an individual with a disability, consistent with informed choice, chooses to receive services from a OOD-approved provider, vendor, or supplier other than the least cost provider, vendor, or supplier identified in accordance with this rule, OOD shall only pay for the services in the amount it would cost to go to the least cost service provider. Any costs incurred by the individual above the least cost amount shall be the individual's sole responsibility to pay.

(D) OOD shall not pay for missed appointments or other supplies and services which have not been provided, except when required for purchase order items and except for the reasonable and standard cancellation rates as determined by OOD for American sign language and international language interpreting services.

(E) OOD shall purchase services and supplies from only service providers, suppliers, and vendors who agree not to charge or accept any payment from an individual with a disability or the individual's family unless the amount of the charge or payment is previously known and approved by OOD.

(F) Notwithstanding paragraph (B) of this rule, an individual with a disability may not choose an alternative provider, supplier, or vendor when goods or services are procured via contract through the OOD or state of Ohio procurement process.

(G) An individual with a disability may be expected to pay for services to the extent they are able.

(H) OOD shall use comparable benefits to pay for services, unless such a determination would interrupt or delay:

(1) Services to an individual with a disability who is at extreme medical risk;

(2) An immediate job placement; or

(3) The progress of an individual with a disability toward achieving the employment outcome in the individualized plan for employment.

(I) The following services do not require the use of nor the determination of the availability of comparable benefits:

Assessments for determining eligibility and vocational rehabilitation needs, counseling and guidance, referral, job-related services, including job search and placement assistance, on-the-job support services, follow-up and follow-along services, and rehabilitation technology including assistive technology, including when any of these are provided as post-employment services.

(J) Pursuant to section 3304.15 of the Revised Code, the executive director shall establish a fee schedule for vocational rehabilitation services. The executive director hereby adopts the vocational rehabilitation fee schedule indicated in appendix A to this rule, developed with stakeholder input. Any community rehabilitation program, entity or person providing a service listed on the vocational rehabilitation fee schedule shall bill in accordance with the fee schedule.

(K) The executive director hereby adopts the medical psychological, and dental fee schedule indicated in appendix B to this rule. For medical, psychological, and dental services not located in appendix B to this rule, the maximum fees shall be based on the fee schedule established by the Ohio department of medicaid as set forth in Chapter 5160-1 of the Administrative Code.

(L) An exception to paragraphs (J) and (K) of this rule are for supplies or services procured via contract through the OOD or state of Ohio procurement process, in which the executive director has determined that purchase of those supplies or services is beneficial and necessary for individuals with disabilities.

(M) OOD shall pay only the fee agreed upon up to the maximum listed in the fee schedules, provided for in this rule, or the cost of supplies or services procured via contract through the OOD or state of Ohio procurement process, less the individual with a disability's contribution and less any applicable comparable benefit.

(N) Exceptions to this rule may be made only upon the express, written approval of the executive director of OOD or the executive director's designee.

(O) This rule is designed to implement "the Workforce Innovation and Opportunity Act of 1973," and "Title IV of the Workforce Investment Act," 29 U.S.C. 2801 2945, which contains the 1998 amendments to "The Rehabilitation Act of 1973," 29 U.S.C. 701 - 797 and resulting regulations.

View AppendixView Appendix

Last updated July 6, 2026 at 8:11 AM

History

Effective: July 2, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3304-2-51 Vocational rehabilitation program.

(A) Definitions

(1) "Individual's representative" means any representative chosen by an applicant or eligible individual with a disability, as appropriate. Includes a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.

(2) "Appropriate mode of communication" means specialized aids and supports that enable the individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to the use of interpreters, open and closed-captioned videos, specialized telecommunication services and audio recordings, brailed and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations and simple language materials.

(B) OOD shall provide vocational rehabilitation services for the individual with a disability, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, including the need for supported employment, so that they may prepare for, secure, retain, advance in, or regain competitive integrated employment.

(C) OOD shall not require a duration of residency to provide services to an applicant who is present in Ohio. To obtain OOD services, an applicant shall establish either United States citizenship or as a legal entrant into the United States. OOD may require an applicant to provide a verification of employment authorization.

(D) OOD shall provide information to a vocational rehabilitation applicant or recipient of vocational rehabilitation services about rights and duties, rights of persons with a developmental disability, informed choice, confidentiality, methods of appeal, and the client assistance program. All required information and materials, including the individualized plan for employment and any amendments, shall be provided to the individual and, as appropriate, the individual's representative, in writing and, when appropriate, to the maximum extent possible, in the individual's native language and/or through an appropriate mode of communication. The individual with a disability shall also be provided information on OOD's civil rights compliance.

(E) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated September 29, 2025 at 8:02 AM

History

Effective: September 26, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3304-2-53 Qualifications and standards for service providers and vendors.

(A) Except for service providers who provide only interpreting, rehabilitation technology, work incentive planning and coordination, pre-employment transition services (pre-ets), or transportation services; vocational rehabilitation (VR) service providers must have preliminary or final accreditation or certification by at least one of the following entities to provide VR fee schedule services:

(1) The commission on accreditation of rehabilitation facilities (CARF) so long as the accreditation is for any one of the following categories of VR service;

(a) Community employment services (CES);

(b) Comprehensive vocational evaluation (CVE);

(d) Employee development services (EDS);

(e) Employment skills training (EST);

(f) Employment planning services (EPS);

(g) Organizational employment services (OES);

(h) Vision rehabilitation services (VRS); or

(i) Vocational services (VS).

(2) The joint commission (JC) for accreditation in behavioral health care;

(3) The association for education and rehabilitation of the blind and visually impaired, institutions of higher education or organizations (schools or agencies) serving individuals who are blind or with low vision;

(4) The national orientation and mobility certification (NOMC) for cane travel and non-visual instruction and the national certification in rehabilitation teaching for the blind (NCRTB) for non-visual instruction. Certification through the governing board with oversight of these two certifications, the national blindness certification board (NBPCB) is an allowable credential;

Providers with NBPCB certification are required to provide proof of liability insurance policy to OOD in amount not less than two hundred fifty thousand dollars per incident.

(5) The academy for certification of vision rehabilitation and education professionals (ACVREP) serving individuals who are blind or with low vision receiving vision rehabilitation and education services; or

Providers with ACVREP certification are required to provide proof of liability insurance to OOD in amount not less than two hundred fifty thousand dollars per incident.

(6) Providers certified by the Ohio department of developmental disabilities (DODD) with at least one year of experience in providing career planning and individual employment support services as defined in rules 5123-9-13 and 5123-9-15 of the Administrative Code respectively. The scope of services for these providers is limited to individuals who would meet eligibility requirements for county boards of developmental disabilities.

(B) In addition to the requirements listed in paragraph (A) of this rule, additional credentialing shall be required as specified for the following services:

(1) VR service providers who conduct work incentives planning or coordination shall be certified as a community work incentives coordinator (CWIC) or work incentives practitioner (WIP);

(2) VR service providers who provide job search assistance-supported employment (credential) services under the VR fee schedule for participants who would meet eligibility requirements for county boards of developmental disabilities shall be certified by the Ohio department of developmental disabilities (DODD) in the areas of career planning and individual employment supports. Provider staff who are providing the service directly to the VR participant shall pass the certified employment support professional (CESP) exam and maintain the credential offered by the association of people supporting employment first (APSE) or hold a certified rehabilitation counselor (CRC) credential to provide parts 1 and 2 of the job assistance supported employment (credential) service;

(3) VR service providers that offer supported employment job search assistance-supported employment (credential) services to individuals with serious mental illness or co-occurring mental illness and substance use disorder, and have have passed an individual placement and support (IPS) fidelity review administered by the Ohio department of mental health and addiction services (OMHAS) are exempt from the CESP/CRC requirement; and

(4) VR service providers that offer pre-ets must have a minimum of one year of experience in delivering relevant vocational, educational, or independent living services to students with disabilities.

(1) VR service providers must maintain and renew certification or accreditation according to the entity by which the provider was initially certified;

(2) VR service providers shall submit documentation from the appropriate body verifying certification, accreditation, or preliminary accreditation to OOD before requesting any payment from OOD according to its fee schedule; and

(3) VR service providers shall immediately notify OOD in writing if accreditation or certification lapses, is revoked, or suspended.

(D) OOD shall not purchase or reimburse for any services from any community rehabilitation program that does not obtain accreditation following preliminary accreditation, maintain appropriate accreditation, or certification status.

(E) Prior to utilization and when requested by OOD, the community rehabilitation program shall complete a provider acknowledgement and submit to OOD.

(F) Nothing in this rule creates an obligation for OOD to purchase services from a provider, and OOD retains sole discretion over the expenditure of VR funds.

(G) Provider applicants and approved providers.

(1) Provider applicants seeking to deliver any of the services listed in the VR fee schedule shall submit an application and supporting documentation through the provider management program (PMP). The term "provider applicant" within this rule relates to new provider agencies and does not apply to current approved providers' individual staff or individual applicant(s).

(a) Provider applicants shall be required to participate in an initial orientation prior to their application being approved in the PMP.

(b) Provider applicants shall disclose any lapses, revocation, or suspensions of any individual staff or agency licenses, accreditations, or certifications within the previous five years of the date of their application.

Failure to provide complete and accurate information shall result in the immediate termination of the provider's approved status.

(c) Provider applicants shall have an authorized representative of the provider complete a provider acknowledgement before becoming an approved provider.

(2) OOD shall review provider application materials to determine compliance with the requirements in paragraphs (A) and (C) of this rule, as well as any other relevant agency or staff factors, performance, fiscal, or safety history that may relate to the provision of quality services for individuals with disabilities. OOD may request additional information as deemed necessary to ensure compliance with paragraphs (A) and (C) of this rule prior to approving a provider's application.

(3) OOD has sole discretion to approve a provider's application or specific services, in whole or part.

(4) Approved providers.

(a) Approved providers shall comply with rule 3304-2-53 of the Administrative Code, the VR services and standards guide, and technical assistance provided by OOD.

Approved providers are not employees of OOD. Providers are independent agencies, with no guarantee of referrals for services regardless of current provider status.

(b) Providers shall only offer or provide services for which OOD has approved the provider as meeting the minimum qualifications.

(i) OOD shall only purchase services from providers who meet the minimum qualifications for services as provided in this rule.

(ii) Providers shall notify OOD in writing within five business days from the date the provider no longer meets minimum qualifications. Providers who do not meet minimum qualifications shall not accept any new authorizations for the service.

(iii) OOD shall edit information in the PMP to correct innacuracies or for system integrity.

(5) Providers may be removed from the PMP if they have not received or accepted an authorization for services within the previous two federal fiscal years.

Providers may submit a new application in PMP to request regaining their approved provider status.

(6) If a provider uses a non-accredited subcontractor organization to provide any VR services, that provider must receive approval from OOD.

(a) If a VR service provider subcontracts any of its VR services through other providers, the provider must obtain certification, preliminary accreditation, or accreditation in all VR services in which it subcontracts unless a credentialing body identified in paragraph (A)(1) of this rule routinely oversees all services, including subcontracted services, in the course of the certification or accreditation process.

(b) The approved provider is responsible for all services rendered by its subcontractor.

(c) Subcontracting shall not exceed twelve months, without the written approval of the OOD executive director or designee.

(7) OOD may periodically require approved providers to complete OOD provided training in relation to specific service delivery, such as pre-ets, summer youth, and supported employment job development. OOD may also periodically require providers to complete OOD provided training in relation to health and safety, and implementation of new systems such as the VR fee schedule updates, and the vendor portal payment process. Training may be required as part of provider support and remedies identified in paragraph (J) of this rule.

(8) Approved providers shall submit a completed provider acknowledgment to OOD by October first of each federal fiscal year. The provider acknowledgement may be submitted up to sixty days prior to the October first due date. Providers shall not offer or provide services in the new federal fiscal year until the provider acknowledgement is submitted to OOD.

(H) Provider staff qualifications and background checks.

(1) The term provider staff shall include current, and potential new employees, including owners, and independent contractors, who provide direct services under the VR fee schedule or addenda services.

(a) Unpaid interns and volunteers shall not be considered provider staff and shall not invoice for services provided to OOD participants.

(b) Provider staff shall be at least eighteen years of age and hold a high school diploma or the equivalent.

(2) Providers shall perform background checks for provider staff, which shall include a check of the following databases:

(a) System for award management;

(b) Office of the inspector general;

(d) Ohio medicaid provider exclusion and suspension list;

(e) Ohio attorney general sex offender search;

(f) Ohio department of rehabilitation and correction offender search; and

(g) Ohio department of health nurse aide registry.

(3) Provider staff who are listed in any of the databases with a corresponding offense are prohibited from serving OOD participants.

(4) The provider shall also obtain an FBI and BCI criminal record check. This background check may occur concurrently or after the provider staff successfully completes the requirements listed in paragraph (H)(2) of this rule.

(a) If provider staff has continuously lived within Ohio for at least five years, only a BCI criminal check is required.

(b) If provider staff has lived within Ohio for fewer than five years, or if provider staff were convicted of a crime in another state or of a federal offense, an FBI and BCI criminal records check is required to be completed.

(c) If a background check reveals a provider staff with an offense the provider shall reference the paragraph (H)(10) of this rule disqualifying offenses to determine if they can serve OOD participants.

(5) Approved providers may conditionally hire provider staff for up to sixty days while pending receipt of the provider staff's criminal records results if all of the following occurs:

(a) If provider staff has continuously lived within Ohio for at least five years, only a BCI criminal check is required;

(b) Provider staff signs an agency attestation asserting they have not been convicted of, pled guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense and has no unreported pending criminal charges; and

(c) Provider staff who have received provisional hiring cannot serve OOD participants beyond sixty days, or if the provider staff criminal records check lists a disqualifying offense.

(6) Provider applicants are required to submit background checks for all initial owners, management, and provider staff as part of their PMP application.

(7) Providers shall maintain written/electronic background checks for all provider staff, working with OOD participants.

(8) Providers shall provide a written/electronic verification of any provider staff's background check to OOD within twenty-four hours' notice, if requested by OOD.

(9) Approved providers shall perform a check of the databases contained in paragraph (H)(2) of this rule and obtain BCI background checks for all current provider staff no less than once every five years and maintain written/electronic verification on file.

(10) Background check disqualifying offenses for provider staff with criminal offenses.

(a) Tier I: Permanent disqualification. Providers shall not employ an applicant or continue to employ an employee, if the applicant or employee has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, or substantial equivalent: aggravated murder, murder, voluntary manslaughter, felonious assault, permitting child abuse, failing to provide for a functionally impaired person, patient abuse and neglect, patient endangerment, kidnapping, abduction, human trafficking, unlawful conduct with respect to documents, rape, sexual battery, unlawful sexual conduct with a minor/formerly corruption of a minor, gross sexual imposition, importuning, voyeurism, felonious sexual penetration, disseminating matter harmful to juveniles, pandering obscenity, pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, illegal use of minor in nudity-oriented material or performance, soliciting/providing support for act of terrorism, making terrorist threats, terrorism, medicaid fraud, conspiracy, attempt, or complicity when the underlying offense is any of the offenses or violations listed in Tier I.

(b) Tier II: Ten year disqualification. Providers shall not employ an applicant or continue to employ an employee for a period of ten years from the date the applicant or employee was fully discharged from imprisonment, probation, and parole, if the applicant or employee has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, or substantial equivalent: involuntary manslaughter, reckless homicide, child stealing {as it existed prior to July 1, 1996}, criminal child enticement, extortion, compelling prostitution, promoting prostitution, enticement or solicitation to patronize a prostitute, procurement of a prostitute for another, aggravated arson, arson, aggravated robbery, aggravated burglary, illegal use of supplemental nutrition assistance program or women, infants, and children program benefits, worker's compensation fraud, identity fraud, aggravated riot, carrying concealed weapon, illegal conveyance or possession of deadly weapon or dangerous ordnance in a school safety zone, illegal possession of an object indistinguishable from a firearm in a school safety zone, illegal conveyance, possession, or control of a deadly weapon or ordnance into a courthouse, having weapons while under disability, improperly discharging a firearm at or into a habitation or school, discharge of firearm on or near prohibited premises, improperly furnishing firearms to minor, engaging in pattern of corrupt activity, participating in criminal gang, corrupting another drugs, trafficking in drugs, illegal manufacture of drugs or cultivation of marihuana, illegal assembly of possession of chemicals for the manufacture of drugs, placing harmful objects in food or confection, conspiracy, attempt, or complicity when the underlying offense is any of the offenses or violations listed in Tier II.

(c) Tier III: Seven year disqualification. Providers shall not employ an applicant or continue to employ an employee for a period of seven years from the date the applicant or employee was fully discharged from imprisonment, probation, and parole, if the applicant or employee has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, or substantial equivalent: cruelty to animals, prohibitions concerning companion animals, aggravated assault, aggravated menacing, menacing by stalking, coercion, disrupting public service, robbery, burglary, insurance fraud, inciting to violence, riot, inducing panic, endangering children, domestic violence, intimidation, perjury, falsification, falsification in theft offense, falsification to purchase firearm, or falsification to obtain a concealed handgun license, escape, aiding escape or resistance to lawful authority, illegal conveyance of weapons, drugs or other prohibited items onto grounds of detention facility or institution, funding of drug or marijuana trafficking, illegal administration or distribution of anabolic steroids, tampering with drugs, ethnic intimidation, conspiracy, attempt, or complicity when the underlying offense is any of the offenses or violations listed in Tier III.

(d) Tier IV: Five year disqualification. Providers shall not employ an applicant or continue to employ an employee for a period of five years from the date the applicant or employee was fully discharged from imprisonment, probation, and parole, if the applicant or employee has been convicted of, pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, or substantial equivalent: assault, menacing, public indecency, soliciting after positive human immunodeficiency virus test, prostitution, deception to obtain matter harmful to juveniles, breaking and entering, theft, unauthorize use of a vehicle, unauthorized use of property, computer, cable, or telecommunication property, telecommunications fraud, passing bad checks, misuse of credit cards, forgery, forging identification cards, criminal stimulation, defrauding a rental agency or hostelry, tampering with records, securing writings by deception, personating an officer, unlawful display of law enforcement emblem, defrauding creditors, receiving stolen property, unlawful abortion, unlawful abortion upon minor, unlawful distribution of an abortion-inducing drug, interference with custody, contributing to unruliness of delinquency of child, tampering with evidence, compounding a crime, disclosure of confidential information, obstructing justice, assaulting/harassing police dog or horse/service animal, impersonation of peace officer, illegal administration, dispensing, distribution, manufacture, possession, selling, or using any dangerous veterinary drug, drug possession other than a minor drug possession offense, permitting drug abuse, deception to obtain dangerous drugs, illegal processing of drug documents, illegal dispensing of drug samples, unlawful purchase of pseudoephedrine product, conspiracy, attempt, or complicity when the underlying offense is any of the offenses or violations listed in Tier IV.

(e) Tier V: No disqualification. Provider staff are not prohibited from providing OOD services if the provider staff employee or applicant has been convicted or pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following, or substantial equivalent:

(i) Drug possession that is a minor drug possession offense;

(ii) Illegal use or possession of drug paraphernalia;

(iii) Illegal use or possession of marijuana drug paraphernalia.

(f) Governor's pardon or court order expungement is allowable and Provider staff may allow provider applicant or employee to provide OOD services.

(g) OOD will allow provider staff who hold a current certificate of qualification for employment (CQE) issued by a court of common pleas with competent jurisdiction pursuant to section 2953.25 of the Revised Code with the exception of provider staff who have an offense listed in Tier 1 of this rule.

(h) OOD will allow provider staff who hold a current certificate of achievement (COA) and employability in a home and community-based services-related field, issued by the Ohio department of rehabilitation and correction pursuant to section 2961.22 of Revised Code, except for provider staff who have an offense listed in Tier 1 of this rule.

(i) OOD will allow provider staff who are current certified peer recovery supporters as defined by rule 5122-29-15.1 of the Administrative Code to provide direct services to individuals who are over eighteen years of age who have a mental health or substance abuse disorder diagnosis, except for provider staff who have an offense listed in Tier 1 of this rule.

(11) Provider staff transporting participants are subject to the requirements in this paragraph and shall also meet the following additional requirements:

(a) Shall be at least eighteen years of age;

(b) Shall have two years of driving experience;

(d) Shall be covered by valid liability insurance as specified by Ohio law;

(e) Shall have their Ohio BMV driving record reviewed by an approved provider. Provider staff is prohibited from transporting OOD participants if the Ohio BMV (or equivalent state BMV) report shows the following:

(i) Six or more points on their driving record; or

(ii) Suspended or revoked driver's license.

(f) Approved providers shall maintain and be able to produce on request (within twenty-four hours) documentation of these requirements.

(12) Providers failure to follow the listed requirements for staff background checks and exclusions shall result in OOD action identified in paragraph (J) of this rule.

(I) Ethics, safety, and protection of confidential personal information.

(1) Provider staff shall adhere to the ethical code of conduct for any licensure, certifications, or accreditation credential that the agency or individual may hold. Providers are responsible for the safety of individuals they are serving and must hold appropriate insurance for any safety issues which may occur. Insurance coverage must be a minimum of two hundred fifty thousand dollars per occurrence.

(2) Providers shall have policies or procedures concerning participant safety that includes at a minimum, the handling of medical emergencies, equal employment opportunity violations, sexual harassment, appropriate professional boundaries, and others as required by OOD.

(a) Providers shall provide to OOD a copy of all policies and procedures that address participant health and safety within twenty-four hours of being requested.

(b) Providers shall report and document all events which affect or pose a threat to the health and safety of individuals receiving services from OOD through the significant incident report form (SIRF). Providers shall follow the VR services and standards guide and other instruction on the SIRF regarding timelines, contact, and reporting process.

(3) Provider staff shall protect confidential personal information (CPI) of all program participants it serves. CPI includes, but is not limited to: Individual's full name, address, social security number, copies of identification, i.e., driver's license, disability/medical history, or any combination of information that could potentially identify a specific individual. Providers must develop and follow written policies and procedures to ensure that this information is kept in a secure and confidential manner. Providers must develop and follow policies and procedures in regard to the following areas:

(a) Securely store paper or electronic information, such as in a locked file cabinet or locked office when not in use;

(b) Store electronic media information securely, such as in an encrypted format on a computer or other mobile device;

(c) Transport data where the data is not visible from the exterior of the vehicle, and is not stored overnight in a vehicle;

(d) Restrict access to individual's information for business related needs, and prevent access to records of family members or with any cohabitating persons;

(e) Prevent electronic communications from being sent to unintended recipients; and

(f) Other areas as identified and required by accrediting, certification, or state and federal agencies.

On inquiry, providers shall provide their internal CPI controls, including use of confidential e-mail, staff policy, and staff training guidelines.

(4) Any provider loss, misplacement, unauthorized sharing of, or other violation of CPI involving an individual receiving services from OOD must be reported to OOD immediately when a provider becomes aware of the incident. OOD shall review the circumstances of any such CPI exposure or breach and meet with the provider to discuss possible resolutions, which may include OOD requiring the provider to offer the affected participant identity theft protection for at least one year. In all circumstances the participant must be notified of any loss of confidential personal information.

(5) Providers shall immediately notify OOD when their accreditation, certification, or licensure has been revoked or suspended by an accrediting or certifying body or another state or federal authority in writing to PCMU@ood.ohio.gov. This includes situations that do not involve individuals served by OOD. OOD will review the information and may request additional information to determine the next step. At OOD's discretion, referrals and authorizations may be temporarily suspended until the issue is resolved. Failure to notify OOD of an issue shall result in suspension from the OOD-approved provider list until the issue has been resolved.

(6) Conflicts of interest: A conflict of interest exists if the private interests of the provider or staff, interferes with the public interest in which the staff person is required to serve in the exercise of the provider's authority and duties in the provider's position of employment. Provider staff shall not provide a service to or access any case information for program participants with whom they may have a potential conflict of interest. Provider staff may not provide services to immediate family members (including in-laws and step-relatives). Individuals may receive services from provider staff outside of their immediate family members or those that report directly to them. Providers must develop a procedure which outlines how to address potential conflicts of interest. If a provider has questions regarding the appropriate service provision to any individuals, or any potential conflicts of interest, they must disclose and address this with OOD before providing services.

(7) OOD retains discretion to prohibit delivery of services by specific provider staff members to OOD participants. OOD may consider previous service delivery and history, complaints, and allegations for the provider staff member.

(8) Providers are required to submit authentic and accurate billing and reports which account for services, times, and costs. Providers may not sign on behalf of participants, nor duplicate participant signatures. Providers must submit billings and reports though OOD's designated procedure outlined in the VR services and standards guide. Providers shall use OOD's designated payment system and submission process.

(9) Providers not following any of the above standards regarding ethics, safety, or proper protection of CPI may result in a remedy identified in paragraph (J) of this rule.

(J) Provider support and management

(1) Providers shall establish written internal quality control mechanisms to deliver quality services and ensure accurate reports and invoices.

(2) OOD shall perform reviews of provider services, for various reasons including, but not limited to, specific service delivery issues, risk-based reviews, fiscal integrity, and routine program evaluation and monitoring. Reviews may include service quality, reporting accuracy, fiscal components, and other service dimensions.

(3) Provider reviews may produce observations or findings. Observations are expected to be addressed to rectify minor and easily corrected errors. More pervasive, systemic, ongoing, or egregious findings will result in a formal corrective action plan (CAP) designed to correct identified findings.

(4) Providers shall be given the opportunity to respond to any provider review, observation, or finding, including submitting additional documentation, information, or responses. Providers may submit an initial objection in writing within ten days of receiving a review, observation, or finding to note that they disagree and will provide a written rebuttal (further documentation, information, or response). If a provider submits an objection, then the provider shall submit their rebuttal within thirty days of receiving the review, observation, or finding. This process may result in a CAP with a required cure period.

(5) As a response to fiscal, quality, or safety concerns, OOD may implement during investigations or as part of a CAP an alternate billing process such as a single point of contact for bills submitted together monthly, suspension of specific services with a nexus to the observation or finding, or suspension of all services, based on the protection and safety of individuals with disabilities, the history and pattern of concerns, and the severity or scope of concerns. OOD also reserves the right to suspend the use of any specific provider staff for services based on any noted concerns.

(6) Cost recovery may be invoiced as part of any fact-finding investigation or review and will take into account any additional provider response and supplemental documentation provided which may mitigate cost recovery amounts. Providers shall have forty-five days to submit any amount payable to OOD. If the amount owed to OOD is not paid within forty-five days of receipt of the notice of invoiced questioned cost, the account shall be submitted to the attorney general for collection pursuant to section 131.02 of the Revised Code.

(7) When deficits are identified through reviews or other means, OOD shall generally implement the following sequence of intervention strategies:

(a) Technical assistance;

(b) Corrective action plan;

Corrective action plan may coincide with an alternate billing process, suspension of referrals, and/or cost recovery; and

OOD shall identify the appropriate intervention strategy for performance deficits. OOD will consider past performance history, the pervasiveness of the concern, the impact on participant safety and public health and fiscal implications as part of this assessment.

(8) Failure to provide requested documentation or implement appropriate corrective actions during intervention strategies shall result in suspension of the provider's status until the documentation is provided and reviewed by OOD. Providers with repeated CAPs without resolving the deficits on an ongoing basis may result in the revocation of approval status.

(9) Providers shall produce requested documentation or background information within five business days or at a later date if agreed to in writing by OOD. Failure to provide the requested materials shall result in a suspension of the provider's status until the materials are provided and reviewed.

(10) Providers who do not comply with a CAP, do not successfully complete their CAP to OOD's satisfaction, and/or do not complete payment of cost recovery may result in the temporary or ongoing suspension of services, or suspension or revocation of approved provider status. OOD shall make its decision considering factors such as past performance history, the pervasiveness of the concern, and the impact on fiscal integrity, participant safety, and public health.

(11) OOD will provide technical guidance and support to providers and refer providers to available resources and technical guidance where appropriate.

(K) Medical, psychological, and dental suppliers.

(1) Medical, psychological, and dental suppliers are not required to adhere to requirements outlined for providers.

(2) OOD shall only purchase medical, psychological, and dental services from suppliers with the proper licensure or certification.

(L) The executive director of OOD may waive any paragraph or paragraphs of this rule, if necessary, to appropriately serve individuals with disabilities.

(M) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Last updated July 28, 2025 at 8:23 AM

History

Effective: July 28, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5123-9-13

(A) Purpose

This rule defines career planning and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The expected outcome of career planning is the individual's achievement of competitive integrated employment and/or career advancement in competitive integrated employment.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(1) "Acuity assessment group" means one of four groups (i.e., group A-1, group A, group B, or group C) to which an individual is assigned based on the individual's score resulting from administration of the acuity assessment instrument in accordance with rule 5123-9-19 of the Administrative Code.

(2) "Adult day support" has the same meaning as in rule 5123-9-17 of the Administrative Code.

(3) "Agency provider" means an entity that directly employs at least one person in addition to a director of operations for the purpose of providing services for which the entity is certified in accordance with rule 5123-2-08 of the Administrative Code.

(4) "Career planning" means individualized, person-centered, comprehensive employment planning and support that provides assistance for individuals to achieve or advance in competitive integrated employment. Career planning is a focused and time-limited engagement of an individual in identification of a career direction and development of a plan for achieving competitive integrated employment and the supports needed to achieve that employment. Components of career planning include:

(a) Benefits education and analysis. Benefits education and analysis, also known as "work incentives planning," provides information to individuals, families, guardians, advocates, service and support administrators, and educators about the impact of paid employment on a range of public assistance and benefits programs, including but not limited to supplemental security income, social security disability insurance, medicaid buy-in for workers with disabilities, medicare continuation benefits, veteran's benefits, supplemental nutrition assistance program, and housing assistance. A maximum of four benefits education and analyses may be funded through the individual's waiver in a waiver eligibility span.

(b) Career discovery. Career discovery is an individualized, comprehensive process to help an individual, who is pursuing individualized integrated employment or self-employment, reveal how interests and activities of daily life may be translated into possibilities for integrated employment. Career discovery results in identification of the individual's interests in one or more specific aspects of the job market; the individual's skills, strengths, and other contributions likely to be valuable to employers or valuable to the community if offered through self-employment; and conditions necessary for the individual's successful employment or self-employment. This service culminates in development of a written career discovery profile summarizing the process, revelations, and recommendations for next steps to be used to develop the individual's vocational portfolio. A maximum of four career discovery processes may be funded through the individual's waiver in a waiver eligibility span.

(c) Career exploration. Career exploration assists an individual to interact with job holders and observe jobs and job tasks. Career exploration may include informational interviews with and/or shadowing persons who are actually performing the job duties of the identified occupation. When possible, the individual will be given an opportunity to perform actual job duties as well.

(d) Employment/self-employment plan. Employment/self-employment plan is an individualized service to create a clear plan for employment or the start-up phase of self-employment and includes a planning meeting involving the job seeker and other key people who will be instrumental in supporting the job seeker to become employed in competitive integrated employment. The service may include career advancement planning for individuals who are already employed. This service culminates in development of a written employment plan directly tied to the results of career exploration, if previously authorized, situational observation and assessment, and/or career discovery. For individuals seeking self-employment, this service culminates in development of a self-employment business plan that identifies training and technical assistance needs and potential supports and resources for those services as well as potential sources of business financing given that medicaid funds may not be used to defray the capital expenses associated with starting a business. A maximum of four employment/self-employment plans may be funded through the individual's waiver in a waiver eligibility span.

(e) Job development. Job development is an individualized service to develop a strategy to achieve competitive integrated employment. The job development strategy will reflect best practices. The service may include analyzing a job site, identifying necessary accommodations, and negotiating with an employer for customized employment. This service is intended to result in achievement of competitive integrated employment consistent with the job seeker's or job holder's personal and career goals as identified in the individual service plan, as determined through career exploration, situational observation and assessment, career discovery, and/or the employment planning process. This service will not be provided to an individual on place four of the path to competitive integrated employment as described in paragraph (D)(2)(d) of rule 5123-2-05 of the Administrative Code.

(f) Self-employment launch. Self-employment launch is support to implement a self-employment business plan and launch a business. This service is intended to result in the achievement of an integrated employment outcome consistent with the job seeker's or job holder's personal and career goals as identified in the individual service plan, as determined through career exploration, situational observation and assessment, career discovery, and/or the employment planning process. This service will not be provided to an individual on place four of the path to competitive integrated employment as described in paragraph (D)(2)(d) of rule 5123-2-05 of the Administrative Code.

(g) Situational observation and assessment. Situational observation and assessment is observation and assessment, not to exceed thirty days, of the individual's interpersonal skills, work behaviors, and vocational skills through practical, experiential, community integrated, paid work experiences related to the individual's preferences as established in the individual service plan. Information gathered through situational observation and assessment provides a context to further determine the skills or behaviors to be developed by the individual to ensure success in the individual's preferred work environment. A maximum of four situational observations and assessments may be funded through the individual's waiver in a waiver eligibility span.

(h) Worksite accessibility. Worksite accessibility includes:

(i) Time spent identifying the need for and ensuring the provision of reasonable worksite accommodations that allow the job seeker or job holder to gain, retain, and enhance employment or self-employment; and

(ii) Time spent ensuring the provision of reasonable worksite accommodations through partnership efforts with the employer and, when appropriate, the opportunities for Ohioans with disabilities agency.

(5) "Competitive integrated employment" means work (including self-employment) that is performed on a full-time or part-time basis:

(a) For which an individual is:

(i) Compensated:

(a) At a rate that is not less than the higher of the rate specified in the Fair Labor Standards Act of 1938, 29 U.S.C. 206(a)(1), as in effect on the effective date of this rule, or the rate specified in the applicable state or local minimum wage law and is not less than the customary rate paid by the employer for the same or similar work performed by other employees who do not have disabilities, and who are in similar occupations by the same employer and who have similar training, experience, and skills; or

(b) In the case of an individual who is self-employed, yields an income that is comparable to the income received by persons without disabilities, who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(ii) Eligible for the level of benefits provided to other full-time and part-time employees;

(b) At a location where the individual interacts with persons without disabilities to the same extent as employees who are not receiving home and community-based services;

(i) Dispersed enclaves in which individuals work in a self-contained unit within a company or service site in the community or perform multiple jobs in the company, but are not integrated with non-disabled employees of the company; or

(ii) Mobile work crews comprised solely of individuals operating as a distinct unit and/or self-contained business working in several locations within the community; and

(d) That, as appropriate, presents opportunities for advancement that are similar to those for persons without disabilities who have similar positions.

(6) "County board" means a county board of developmental disabilities.

(7) "Customized employment" means competitive integrated employment designed to meet the specific abilities of an individual with a significant disability and the business needs of an employer that is carried out through flexible strategies such as job exploration by the individual and working with an employer to facilitate placement including:

(a) Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;

(b) Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; and

(8) "Department" means the Ohio department of developmental disabilities.

(9) "Fifteen-minute billing unit" means a billing unit that equals fifteen minutes of service delivery time or is greater or equal to eight minutes and less than or equal to twenty-two minutes of service delivery time. Minutes of service delivery time accrued throughout a day will be added together for the purpose of calculating the number of fifteen-minute billing units for the day.

(10) "Group employment support" has the same meaning as in rule 5123-9-16 of the Administrative Code.

(11) "Independent provider" means a self-employed person who provides services for which the person is certified in accordance with rule 5123-2-09 of the Administrative Code and does not employ, either directly or through contract, anyone else to provide the services.

(12) "Individual" means a person with a developmental disability or for purposes of giving, refusing to give, or withdrawing consent for services, the person's guardian in accordance with section 5126.043 of the Revised Code or other person authorized to give consent.

(13) "Individual employment support" has the same meaning as in rule 5123-9-15 of the Administrative Code.

(14) "Individual service plan" means the written description of services, supports, and activities to be provided to an individual.

(15) "Mentor" means a person employed by or under contract with the agency provider who has experience providing direct services to persons with developmental disabilities and who is available on a regular basis to provide guidance to new direct support professionals regarding techniques and practices that enhance the effectiveness of the provision of career planning.

(16) "Pay stub" means a document issued by an employer that shows, for a specified period of time, an employee's gross earnings, deductions from those earnings, and net pay.

(17) "Service and support administrator" means a person, regardless of title, employed by or under contract with a county board to perform the functions of service and support administration and who holds the appropriate certification in accordance with rule 5123-5-02 of the Administrative Code.

(18) "Service documentation" means all records and information on one or more documents, including documents that may be created or maintained in electronic software programs, created and maintained contemporaneously with the delivery of services, and kept in a manner as to fully disclose the nature and extent of services delivered that includes the items delineated in paragraph (E) of this rule to validate payment for medicaid services.

(19) "Vocational habilitation" has the same meaning as in rule 5123-9-14 of the Administrative Code.

(20) "Waiver eligibility span" means the twelve-month period following either an individual's initial waiver enrollment date or a subsequent eligibility re-determination date.

(1) Career planning will be provided by an agency provider or an independent provider that meets the requirements of this rule and that has a medicaid provider agreement with the Ohio department of medicaid.

(2) An applicant seeking approval to provide career planning will complete and submit an application and adhere to the requirements of as applicable, rule 5123-2-08 or 5123-2-09 of the Administrative Code.

(3) An applicant seeking independent provider certification to provide career planning will have:

(a) At least one year of full-time (or part-time equivalent), paid work experience related to employment planning and support that assists individuals to achieve competitive integrated employment; or

(b) Thirty hours of formal training related to employment planning and support that assists individuals to achieve competitive integrated employment.

(4) In addition to meeting the requirements set forth in paragraph (C)(3) of this rule, an applicant seeking independent provider certification to provide some components of career planning will meet additional requirements:

(a) An independent provider of the benefits education and analysis component of career planning will have successfully completed nationally approved or accredited training in benefits education and analysis.

(b) An independent provider of the worksite accessibility component of career planning will hold an appropriate license (e.g., occupational therapist) or certification (e.g., certified professional ergonomist issued by the "Board of Certification in Professional Ergonomics"), or have successfully completed appropriate training by an accredited college or university.

(5) An agency provider will ensure that direct support professionals who provide career planning successfully complete, no later than thirty calendar days after hire, training in:

(a) Services that comprise career planning including the expectation that career planning will eventually lead to competitive integrated employment;

(b) Signs and symptoms of illness or injury and procedure for response;

(d) Program-specific transportation safely.

(6) An agency provider will ensure that:

(a) Direct support professionals who perform the benefits education and analysis component of career planning have successfully completed nationally approved or accredited training in benefits education and analysis.

(b) Direct support professionals who perform the worksite accessibility component of career planning hold an appropriate license (e.g., occupational therapist) or certification (e.g., certified professional ergonomist issued by the "Board of Certification in Professional Ergonomics"), or have successfully completed appropriate training by an accredited college or university.

(7) An agency provider will ensure that direct support professionals who provide career planning (other than those who have at least one year of experience providing career planning at the point of hire), during the first year after hire, are assigned and have access to a mentor.

(8) An agency provider will ensure that direct support professionals who provide career planning (other than those who have at least one year of experience providing career planning at the point of hire), no later than one year after hire, successfully complete at least eight hours of training specific to the provision of career planning that includes, but is not limited to:

(a) Skill building in advancement of individuals on the path to competitive integrated employment as described in rule 5123-2-05 of the Administrative Code and development of individuals' strengths and skills necessary for competitive integrated employment; and

(b) Self-determination which includes assisting the individual to develop self-advocacy skills, to exercise civil rights, to exercise control and responsibility over the services received, and to acquire skills that enable becoming more independent, productive, and integrated within the community.

(9) Failure to comply with this rule and as applicable, rule 5123-2-08 or 5123-2-09 of the Administrative Code, may result in denial, suspension, or revocation of the provider's certification.

(D) Requirements for service delivery

(1) The expected outcome of career planning is the individual's achievement of competitive integrated employment and/or career advancement in competitive integrated employment.

(2) The service and support administrator will ensure that documentation is maintained to demonstrate that the service provided as career planning to an individual enrolled in a waiver is not otherwise available as vocational rehabilitation services funded under section 110 of the Rehabilitation Act of 1973, 29 U.S.C. 730, as in effect on the effective date of this rule, or as special education or related services as those terms are defined in section 602 of the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1401, as in effect on the effective date of this rule.

(3) Career planning will be provided pursuant to a person-centered individual service plan that conforms to the requirements of rules 5123-4-02 and 5123-2-05 of the Administrative Code and be coordinated with other services and supports set forth in the individual service plan. An individual will be made aware of the potential impact of outcome-based payments described in paragraph (F)(6) of this rule before the job development component of career planning is authorized in the individual service plan.

(4) Career planning may be provided in a variety of settings but will not be furnished in the individual's home except when a home visit is conducted as part of the career discovery component of career planning or when the individual is self-employed and the home is the site of self-employment.

(5) Career planning will be provided at a ratio of one direct support professional to one individual.

(6) Career planning services may extend to those times when the individual is not physically present while the provider is performing career planning activities on behalf of the individual.

(7) A provider of career planning will complete reports and collect and submit data via the department's outcome tracking system in accordance with rule 5123-2-05 of the Administrative Code.

(8) A provider of career planning will recognize changes in the individual's condition and behavior as well as safety and sanitation hazards, report to the service and support administrator, and record the changes in the individual's written record.

(E) Documentation of services

(1) Service documentation for the career exploration, job development, self-employment launch, and worksite accessibility components of career planning will include each of the following to validate payment for medicaid services:

(a) Type of service.

(b) Date of service.

(d) Name of individual receiving service.

(e) Medicaid identification number of individual receiving service.

(f) Name of provider.

(g) Provider identifier/contract number.

(h) Written or electronic signature of the person delivering the service, or initials of the person delivering the service if a signature and corresponding initials are on file with the provider.

(i) Description and details of the services delivered that directly relate to the services specified in the approved individual service plan as the services to be provided.

(j) Times the delivered service started and stopped.

(k) Number of units of the delivered service.

(2) Service documentation for the benefits education and analysis, career discovery, employment/self-employment plan, and situational observation and assessment components of career planning will include each of the following to validate payment for medicaid services:

(a) Type of service.

(b) Date of service.

(d) Name of individual receiving service.

(e) Medicaid identification number of individual receiving service.

(f) Name of provider.

(g) Provider identifier/contract number.

(h) Written or electronic signature of the person delivering the service, or initials of the person delivering the service if a signature and corresponding initials are on file with the provider.

(i) Description and details of the services delivered that directly relate to the services specified in the approved individual service plan as the services to be provided. The description and details of the services delivered will be sufficient to demonstrate achievement of the desired outcomes in order to serve as the report required for payment for delivery of the services.

(F) Payment standards

(1) The billing units, service codes, and payment rates for career planning are contained in the appendix to this rule.

(2) Payment for adult day support, career planning, group employment support, individual employment support, and vocational habilitation, alone or in combination, will not exceed the budget limitations contained in appendix B to rule 5123-9-19 of the Administrative Code.

(3) The county board will authorize payment for the benefits education and analysis, career discovery, employment/self-employment plan, and situational observation and assessment components of career planning within ten calendar days of acceptance of a report required for payment for delivery of services pursuant to paragraph (E)(2)(i) of this rule.

(4) Payment rates for the career exploration, job development, self-employment launch, and worksite accessibility components of career planning will be adjusted by the behavioral support rate modification to reflect the needs of an individual requiring behavioral support upon determination by the department that the individual meets the criteria set forth in paragraph (F)(4)(a) of this rule. The amount of the behavioral support rate modification applied to each fifteen-minute billing unit of service is contained in the appendix to this rule.

(a) The department will determine that an individual meets the criteria for the behavioral support rate modification when:

(i) The individual has been assessed within the last twelve months to present a danger to self or others or have the potential to present a danger to self or others; and

(ii) A behavioral support strategy that is a component of the individual service plan has been developed in accordance with the requirements in rules established by the department; and

(iii) The individual either:

(a) Has a response of "yes" to at least four items in question thirty-two of the behavioral domain of the Ohio developmental disabilities profile; or

(b) Requires a structured environment that, if removed, will result in the individual's engagement in behavior destructive to self or others.

(b) The duration of the behavioral support rate modification is limited to the individual's waiver eligibility span, may be determined needed or no longer needed within that waiver eligibility span, and may be renewed annually.

(c) The purpose of the behavioral support rate modification is to provide funding for the implementation of behavioral support strategies by staff who have the level of training necessary to implement the strategies; the department retains the right to verify that staff who implement behavioral support strategies have received training (e.g., specialized training recommended by clinicians or the team or training regarding an individual's behavioral support strategy) that is adequate to meet the needs of the individuals served.

(5) Payment rates for the career exploration, job development, self-employment launch, and worksite accessibility components of career planning will be adjusted by the medical assistance rate modification to reflect the needs of an individual requiring medical assistance upon determination by the county board that the individual meets the criteria set forth in paragraph (F)(5)(a) of this rule. The amount of the medical assistance rate modification applied to each fifteen-minute billing unit of service is contained in the appendix to this rule.

(a) The county board will determine that an individual meets the criteria for the medical assistance rate modification when:

(i) The individual requires the administration of fluid, nutrition, and/or prescribed medication through gastrostomy and/or jejunostomy tube; and/or requires the administration of insulin through subcutaneous injection, inhalation, or insulin pump; and/or requires the administration of medication for the treatment of metabolic glycemic disorder by subcutaneous injection; or

(ii) The individual requires a nursing procedure or nursing task that a licensed nurse agrees to delegate in accordance with rules in Chapter 4723-13 of the Administrative Code, which is provided in accordance with section 5123.42 of the Revised Code, and when such procedure or nursing task is not the administration of oral prescribed medication, topical prescribed medication, oxygen, or metered dose inhaled medication, or a health-related activity as defined in rule 5123-6-01 of the Administrative Code.

(b) The duration of the medical assistance rate modification is limited to the individual's waiver eligibility span, may be determined needed or no longer needed within that waiver eligibility span, and may be renewed annually.

(6) A provider of the job development component of career planning may be eligible for an outcome-based payment following an individual's achievement of competitive integrated employment.

(a) A provider may obtain either or both of two possible outcome-based payments for each individual served:

(i) One payment when the individual achieves competitive integrated employment.

(ii) One payment when the individual achieves competitive integrated employment that:

(a) Pays at least twelve dollars per hour; and/or

(b) Employs the individual for an average of at least thirty hours per week as determined over the course of at least four weeks.

(b) To obtain an outcome-based payment, a provider will secure one or more pay stubs from the individual served sufficient to document the competitive integrated employment and/or hourly wage or average hours worked following provision of the job development component of career planning. The provider will submit the pay stub or pay stubs to the individual's service and support administrator, who will authorize the outcome-based payment in the individual service plan. When pay stubs cannot be secured, the provider will instead submit an attestation in the format prescribed by the department that the outcome has been achieved.

(c) The amount of the outcome-based payment is determined by the nature of the competitive integrated employment and the acuity assessment group assignment of the individual at the time the individual achieves competitive integrated employment.

(d) No more than two outcome-based payments will be made during an individual's waiver eligibility span.

(e) The service codes and payment rates for outcome-based payments are contained in the appendix to this rule.

View Appendix

Last updated June 25, 2025 at 5:44 PM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5123-9-15

(A) Purpose

This rule defines individual employment support and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The expected outcome of individual employment support is competitive integrated employment in a job well-matched to the individual's interests, strengths, priorities, and abilities that meets the individual's personal and career goals.

(B) Definitions

For the purposes of this rule, the following definitions apply:

(2) "Adult day support" has the same meaning as in rule 5123-9-17 of the Administrative Code.

(4) "Career planning" has the same meaning as in rule 5123-9-13 of the Administrative Code.