(A) Except for service providers who
provide only interpreting, rehabilitation technology, work incentive planning
and coordination, pre-employment transition services or transportation
services, vocational rehabilitation service providers must have preliminary or
final accreditation or certification by at least one of the following
entities:
(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);
(c) Community integration (COI);
(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.
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 in the areas of career
planning and individual employment supports with at least one year of
experience in providing career planning service and individual employment
supports. The scope of services for these providers is limited to individuals
who 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) Vocational
rehabilitation 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) Vocational
rehabilitation service providers who provide supported employment job
development services under the VR fee schedule, must pass the certified
employment support professional (CESP) exam offered by the association of
people supporting employment first (APSE).
(3) Vocational
rehabilitation service providers that offer supported employment job
development services to individuals with severe persistent mental illness
(SPMI), which includes individuals with diagnosis of mental health/substance
use disorder (MH/SUD), and are certified and meet the fidelity requirements as
a program in accordance with rule 5122-29-11 of the Administrative Code are
exempt from the CESP requirement.
(4) Vocational
rehabilitation service providers that offer pre-employment transition services
must have a minimum of one year of experience in delivering relevant
vocational, educational, or independent living services to students with
disabilities.
(C) The following requirements regarding
licensure, accreditation, or certification also apply to vocational
rehabilitation service providers:
(1) Vocational
rehabilitation service providers must maintain and renew certification or
accreditation according to the entity by which the provider was initially
certified;
(2) Vocational
rehabilitation 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) Vocational
rehabilitation service provider 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 vocational rehabilitation 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 must have an authorized
representative 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 and the VR provider manual, 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 not offer or provide services for which
OOD has not approved the provider as meeting the minimum
qualifications.
(i) OOD shall not
purchase services from providers who do not meet the minimum qualifications for
services as provided in this rule.
(ii) Providers shall
notify OOD in writing if they no longer meet the minimum requirements for the
service, within five business days of the event and shall not accept any new
authorizations for the service.
(iii) OOD shall edit
information in the PMP (such as counties of service coverage) which are not
accurate or for the benefit of the system integrity.
(5) Providers may be
removed from the provider management program (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) OOD shall approve
subcontracting relationships between accredited and non-accredited agencies.
Independent contractors working for accredited agencies as employees shall not
be required to be approved by OOD.
(a) If a vocational rehabilitation service provider
subcontracts any of its VR services through other providers, it 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 surveys 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.
(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 due date of October first.
Provider 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 be used to include current, and potential new employees, including
owners, and independent contractors, who provide direct services under the
vocational rehabilitation fee schedule or addendum 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 high school equivalence 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.
(c) Ohio department of developmental disabilities online
abuser registry.
(d) Ohio medicaid provider exclusion and suspension
list.
(e) Ohio attorney general sex offender search.
(f) Ohio department of rehabilitation and correction
offender search.
(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 conduct an FBI/BCI criminal record check, which provides information on
the provider staff or applicant's criminal history. 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) Provider staff shown with a corresponding offense shall
reference the below exclusions 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 no unreported criminal convictions or 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) All provider
applicants are required to maintain written/electronic background checks for
all provider staff, working with OOD participants.
Providers shall provide a written/electronic verification of
background checks to OOD within twenty-four hours' notice, if
requested.
(8) Providers may use
electronic background check monitoring systems, such as, but not limited to,
safeguard, hireright, backgroundchecks.com, or rapback.
(9) Approved providers
shall perform background checks on all current provider staff every five years
and maintain written/electronic verification on file.
Providers using electronic background check monitoring systems
listed in paragraph (H)(8) of this rule are not required to perform subsequent
background checks every five years, but must have on file and be able to
produce on request (within twenty-four hours) documentation of continuous use
of said background check monitoring systems.
(10) Background check
exclusions for criminal background offenses.
(a) Provider staff who have criminal offenses are
prohibited from providing OOD services if the offense is found in Tiers
I-IV.
(b) Exclusions for provider staff
(i) Tier I: Permanent
exclusion provider 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: 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, a
violation of an existing or former municipal ordinance or law of this state,
any other state, or the United States that is substantially equivalent to any
of the offenses or violations described in Tier I.
(ii) Tier II: Ten year
exclusion provider 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: 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, a violation of an existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses or violations described
in Tier II.
(iii) Tier III: Seven
year exclusion provider 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:
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, a violation of an existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses or violations described
in Tier III.
(iv) Tier IV: Five year
exclusion provider 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: 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, a violation of an existing or
former municipal ordinance or law of this state, any other state, or the United
States that is substantially equivalent to any of the offenses or violations
described in Tier IV.
(v) Tier V: no exclusion.
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:
(a) Drug possession that is a minor drug possession
offense;
(b) Illegal use or possession of drug
paraphernalia;
(c) Illegal use or possession of marijuana drug
paraphernalia;
(d) A violation of an existing or former municipal
ordinance or law of this state, any other state, or the United States that is
substantially equivalent to any of the offenses or violations described in Tier
V.
(c) Governor's pardon or court order expungement is
allowable and Provider staff may allow provider applicant or employee to
provide OOD services.
(d) 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.
(e) 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.
(f) OOD will allow provider staff who are current certified
peer recovery supporters as defined by rule 5122-29-15 of the Administrative
Code, may 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) Be at least eighteen years of age and have two years of
driving experience.
(b) Shall hold a valid driver's license as specified
by Ohio law.
(c) Is covered by valid liability insurance as specified by
Ohio law.
(d) 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.
(ii) Suspended or revoked
driver's license.
(e) Approved providers shall maintain and be able to
produce on request (within twenty-four hours) documentation of these
requirements.
(12) Providers not
following the listed standards for staff background checks and exclusions shall
result in a remedy 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, and appropriate professional
boundaries.
(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. Providers shall
follow the VR provider manual guidelines 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.
(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 within
twenty-four hours of a provider becoming 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) OOD shall review the
circumstances of any CPI exposure or breach. When OOD determines a breach has
occurred, OOD may require the provider to offer the affected participant
identity theft protection for at least one year. In all circumstances providers
shall notify the participant of the incident.
(6) Providers shall
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.
(7) 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.
(8) 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.
(9) 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 provider
manual. Providers shall use OOD's designated payment system and submission
process.
(10) 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
course correct 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
(c) Suspension or revocation of approval
status.
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, or do not successfully complete their CAP to OOD's
satisfaction, 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 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) The executive director of OOD may
waive any paragraph or paragraphs of this rule, if necessary, to appropriately
serve individuals with disabilities.
(L) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.
