Current through all regulations passed and filed through November 4, 2024
Section 3304-4-01 - Definitions for the personal care assistance programThe following terms are used throughout Chapter 3304-4 of the Administrative Code:
(A) "Applicant" means a person who has applied for services from the personal care assistance (PCA) program.(B) "Assistant" means a person who provides personal assistance services.(C) "Competitive employment" means full-time or part-time work in the competitive labor market in an integrated setting and for which earnings are at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled; and for which earnings are equivalent to at least twenty hours per week at the minimum wage. In the case of self-employment, full-time or part-time work that yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or similar tasks and who have similar training experiences and skills; and for which net profit earnings are equivalent to at least twenty hours per week at the minimum wage.(D) "Days" means business days.(E) "Eligible Individual" means a person who is eligible to receive persona care assistance (PCA) program funding for wages and related employer costs paid for personal assistance services through the PCA program.(F) "Employed" means engaged in competitive employment.(G) "Employer costs" means costs incurred as a result of employing a personal care assistant as a W2 employee or 1099 contractor.(H) "Integrated setting," with respect to an employment outcome, means a setting typically found in the community in which persons with a disability interact with persons who do not have a disability, other than service providers, to the same extent that non-disabled persons in comparable positions interact with other persons. (I) "PCA program" means the OOD personal care assistance program.(J) "Personal assistance services" means services that help a person who has a severe physical disability perform the activities of daily living. (K) "OOD" is an acronym for the opportunities for Ohioans with disabilities agency that administers the personal care assistance (PCA) program.(L) "Severe physical disability" means a physical impairment that substantially limits a person's functional capability to engage in major life activities, thus requiring assistance with a minimum of three of the following activities of daily living: (1) Ambulating - the ability to move about, with or without devices like canes, crutches, walkers, manual or power wheelchairs;(2) Bathing - getting in and out of the shower/tub, ensuring safety while bathing, applying cleansing agent, rinsing, and drying;(3) Bladder care - managing the use of a catheter and urine bag;(4) Bowel program - regular emptying of the bowels for cleansing and health;(5) Communication services - assisting with verbal, written, and signed communication;(6) Dressing - selecting clothing, putting on and taking off clothing/prosthesis (including fastening and unfastening clothing articles/prosthesis);(7) Driver services - assistance with transportation with a driver who is not compensated through other funding sources;(8) Eating - getting food or drink from a plate/bowl to the mouth, chewing, and swallowing;(9) Fine motor activities - coordinating small muscles of hand, fingers, toes, wrists, lips, tongue, including the ability to grasp, pick up, and release objects;(10) Grooming - hair care, nail care, oral hygiene, and skin care (including applying or removing makeup);(11) Household chores - cleaning, organizing and maintaining the space in the home;(12) Laundry - washing, drying, folding, hanging, ironing, and mending clothing and household items;(13) Meal preparation - planning meals, obtaining groceries, opening food packages, safely using kitchen appliances, and cooking/reheating meals;(14) Medication management - obtaining, organizing, and maintaining medications, and taking medications as directed;(15) Physical therapy exercises - therapeutic exercises to promote optimal physical functioning and pain management, including range of motion exercises;(16) Reading services - oral presentation of text;(17) Record keeping - preparing and managing correspondence, filing, completing forms, writing personal checks;(18) Toileting - using a toilet/bedpan/urinal, changing incontinence supplies or feminine hygiene products, and self-cleansing, including a formal bowel program;(19) Transfers / repositioning - moving from one position to another; and(20) Ventilator maintenance - monitoring and promoting the safe use of a ventilator, including suctioning.(M) "ADL" means activities of daily living which is an person's routine daily self-care activities. Specific ADLs are defined in paragraph (L).Ohio Admin. Code 3304-4-01
Effective: 11/15/2024
Five Year Review (FYR) Dates: 8/19/2024 and 11/15/2029
Promulgated Under: 119.03
Statutory Authority: 3304.41
Rule Amplifies: 3304.41
Prior Effective Dates: 10/01/1982, 07/01/1986, 07/01/1996, 09/01/1999, 11/01/2002, 10/09/2007, 11/14/2013, 10/29/2018, 06/10/2022