The development of licensed residential sites, previously termed “Group Homes”, was discontinued by the Ohio Department of Developmental Disabilities in 1989.
Why was this discontinued?
To support the rights of Individuals to freely choose their service provider and place of residence, it was determined that those two choices may not be inter-dependent. Meaning, an Individual’s choice of provider may not dictate the residence they must choose, nor may an Individual’s choice of residence dictate which provider will render in-home services.
…Ohio law only allows provider owned settings in limited circumstances. Under R.C. 5123.165, “no person or government entity may provide supported living to an individual with a developmental disability if the person or government entity also provides the individual a residence.” This is subject to limited exceptions. …
Are there any Exceptions to this provision?
5123:-9-33 Home and community-based services waivers – shared living under the individual options waiver. (Services formerly based under the “Adult Foster Care” and “Adult Family Living” rules)
…”(18) “Shared living” means individual-specific personal care and support necessary to meet the day-to-day needs of an adult enrolled in the individual options waiver, by an adult caregiver who resides when twenty per cent or more of the personal care and support is provided by one or more adult caregivers who reside in the same home as the individual receiving the services. Shared living is provided in conjunction with residing in the home and is part of the rhythm of life that naturally occurs when people live together in the same home. Due to the environment provided by living together in the same home, segregating these activities into discrete services is impractical.
(a) Shared living:
(i) Enables the individual to experience genuine community life;
(ii) Nurtures stability of long-term relationships within the home and the broader community;
(iii) Contributes to development of life routines chosen by the individual;
(iv) Assists the individual to routinely participate in and make positive contributions to his or her the individual’s community;
(v) Supports shared decision-making between the individual and other members of the household; and
(vi) Enhances, rather than replaces, existing family relationships and other community connections…..”
See also:
A “provider controlled residential setting” is a home where the landlord is one of the following:
For independent providers:
▪ The landlord is a corporation, limited liability company, or other entity owned partly or entirely by the independent provider; or
▪ The landlord is an immediate family member of the independent provider (spouse, parent or stepparent, child or stepchild, sibling or step sibling, grandparent or grandchild, cousin, aunt, uncle, nephew, or niece).
For an agency provider:
▪ The landlord is an immediate family member (spouse, parent or stepparent, child or stepchild, sibling or step sibling, grandparent or grandchild, cousin, aunt, uncle, nephew, or niece) of an owner or management employee of the provider; or
▪ The landlord employs a person who is also an owner or management employee of the provider; or
▪ A board member of the provider is also a board member of the landlord’s company; or
▪ The landlord is owned partly or entirely by an owner or management employee of the provider, or an immediate family member of the provider, or
▪ The landlord is an owner or management employee of the provider.
Agencies Cannot be Owners of Provider-Controlled Residential Settings
An agency cannot own a residence that qualifies as a provider-controlled residential setting. The definition of “Provider-controlled residential setting” given in Ohio Admin. Code 5123-9-02(A)(14) does not include any language that would permit this, as an agency cannot own itself, nor can an agency hire itself as a “management employee.”
Note:
View a full list of rules on the DODD website. This link opens a different website in a new tab.