2006 Ohio Revised Code - 5111.87. Medicaid waivers for individuals with autism or developmental delays or disabilities.

§ 5111.87. Medicaid waivers for individuals with autism or developmental delays or disabilities.
 

(A)  As used in this section and section 5111.871 [5111.87.1] of the Revised Code: 

(1) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code. 

(2) "Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code. 

(B)  The director of job and family services may apply to the United States secretary of health and human services for both of the following: 

(1) One or more medicaid waiver components under which home and community-based services are provided to individuals with mental retardation or other developmental disability as an alternative to placement in an intermediate care facility for the mentally retarded; 

(2) One or more medicaid waiver components under which home and community-based services are provided in the form of any of the following: 

(a) Early intervention and supportive services for children under three years of age who have developmental delays or disabilities the director determines are significant; 

(b) Therapeutic services for children who have autism; 

(c) Specialized habilitative services for individuals who are eighteen years of age or older and have autism. 

(C)  No medicaid waiver component authorized by division (B)(2)(b) or (c) of this section shall provide services that are available under another medicaid waiver component. No medicaid waiver component authorized by division (B)(2)(b) of this section shall provide services to an individual that the individual is eligible to receive through an individualized education program as defined in section 3323.01 of the Revised Code. 

(D)  The director of mental retardation and developmental disabilities or director of health may request that the director of job and family services apply for one or more medicaid waivers under this section. 

(E)  Before applying for a waiver under this section, the director of job and family services shall seek, accept, and consider public comments. 
 

HISTORY: 149 v H 94. Eff 9-5-2001; 150 v H 95, § 1, eff. 6-26-03; 150 v S 189, § 1, eff. 6-29-04; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

The effective date is set by section 78 of S.B. 189 (150 v  - ). 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 5111.87, amended and renumbered RC § 5111.87.1 in 149 v H 94, eff 9-5-2001.

The provisions of § 3 of HB 405 (149 v  - ) read as follows: 

SECTION 3. On the recommendation of the Director of Mental Retardation and Developmental Disabilities, the Director of Job and Family Services may seek one or more Medicaid waivers pursuant to section 5111.87 of the Revised Code including a waiver under which home and community-based services are provided in the form of family support services programs established by county boards of mental retardation and developmental disabilities; under section 5126.11 of the Revised Code. Notwithstanding division (A) of section 5111.873 of the Revised Code, the Director of Job and Family Services is not required to adopt rules under that section by the effective date of the waiver under which home and community-based services are provided in the form of family support services programs. 

 

Effect of Amendments

151 v H 66, effective September 29, 2005, rewrote the section. 

150 v S 189, effective June 29, 2004, deleted "that operate for three to four years each and" preceding "under which" in the introductory language of (B)(2); and deleted (C), relating to the term for which an individual may receive services under an autism component of the medicaid program, and redesignated the remaining subsections accordingly. 

H.B. 95, Acts 2003, effective June 26, 2003, redesignated the former provisions as (A) and the introductory paragraph of (B) and (B)(1); inserted "both of the following" in the introductory paragraph of (B); and added (B)(2) through (E).