Section 173-3-06.2 - Older Americans Act: home maintenance and chores(A) "Home maintenance and chores" means a service providing critical cleaning, maintenance, or repair of elements in a consumer's home or surrounding property which are necessary to preserve the consumer's health and welfare. (1) "Home maintenance and chores" includes the assessment, materials, and labor involved in any of the following activities: (a) Heavy household cleaning, including washing walls and ceilings; washing the outside of windows, washing the inside of difficult-to-reach windows; removing, cleaning, and re-hanging curtains or drapery; and, shampooing carpets or furniture.(b) Disposing garbage or recyclable materials.(c) Seasonal outdoor maintenance, including cleaning gutters and downspouts; removing leaves, snow, or ice; trimming shrubs; cutting grass; or installing existing storm windows.(d) Inspecting HVAC equipment, water heater, or water pump.(e) Repairing damaged, malfunctioning, or unsafe HVAC equipment, plumbing, electrical systems, roofing, stairs, or floors.(f) Household maintenance, including replacing light bulbs, unclogging a drain, lighting a pilot light, replacing an electrical fuse, replacing broken window panes, repairing/replacing damaged window or door screens, or changing a furnace filter.(2) "Home maintenance and chores" does not include any of the following activities: (a) An activity that another person (e.g., a landlord) has a legal or contractual responsibility to provide.(b) An activity that is available through third-party insurers, community supports, Ohio medicaid state plan, or a medicaid waiver program.(B) Requirements for every AAA-provider agreement for home maintenance and chores paid, in whole or in part, with Older Americans Act funds:(1) The AAA-provider agreement is subject to the requirements in rule 173-3-06 of the Administrative Code .(2) Licensure or accreditation: If an activity needs a license or credential (e.g., pest control), only a provider who possesses the current, valid license or credential qualifies to provide the activity.(3) Consent agreement: The provider shall not provide any of the activities described in paragraphs (A)(1)(e) to (A)(1)(g) of this rule without first obtaining a written or electronic consent agreement from the homeowner, which may be the consumer, the consumer's family, or a landlord.(4) Health and safety: If the provider anticipates health or safety risks to the consumer during an activity, the provider shall inform the consumer and the AAA of the risks and provide the activity on dates and times that minimize those risks. The provider is subject to any and all applicable local codes or ordinances in the provision of each activity.(5) Service verification: The following are the mandatory reporting items for each activity that a provider retains to comply with the requirements under paragraph (B)(9) of rule 173-3-06 of the Administrative Code:(b) Date that the activity was provided.(c) Description of the activity provided.(d) Name of each employee providing the activity.(e) The unique identifier of the provider to attest to providing the activity.(f) The unique identifier of the consumer or the consumer's caregiver to attest to receiving the activity. During a state of emergency declared by the governor or a federal public health emergency, the provider may verify the activity provided without collecting the unique identifier of the consumer or the consumer's caregiver.(C) Units: One unit of home maintenance and chores is one activity reported in hours. Providers may report partial hours to two decimal places (e.g., "0.25 hours"). Material costs are part of the hourly rate. (For example, if a provider normally charges thirty dollars per hour and a three-hour service involves thirty dollars in materials, the provider would bill for three units at forty dollars per unit.)Ohio Admin. Code 173-3-06.2
Effective: 1/1/2023
Five Year Review (FYR) Dates: 10/14/2022 and 11/30/2027
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.39, 173.392; 42 U.S.C. 3025, 3030d; 45 C.F.R. 1321.11, 1321.65
Prior Effective Dates: 02/15/2009, 12/01/2013, 05/08/2020, 06/11/2020 (Emer.), 12/31/2020, 01/29/2022