Opportunities for Ohioans with Disabilities - Personal Care Assistance Program - Grievances.

Published: 2018-10-29

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If an applicant/participant who is determined ineligible for personal assistance services is dissatisfied with that decision, or if an applicant/participant is dissatisfied with a program decision that affects the provision or denial of personal assistance services, the applicant/participant shall take the following steps:

(A) The applicant/participant shall discuss the decision/action with the PCA program coordinator within five working days of the decision or action that has caused dissatisfaction.

(B) If an applicant/participant remains dissatisfied after the discussion with the program coordinator, they may request an informal review of the matter by the program coordinator's supervisor within ten working days of the discussion with the PCA program coordinator. The request shall be in writing and shall state the action or decision that has caused the dissatisfaction, why the action or decision is not satisfactory, and the remedy requested. Within twenty working days of receipt of the request, the supervisor shall conduct an investigation, reach a decision and inform applicant/participant of this decision by certified mail. During this investigation the supervisor may conduct interview(s) with all involved parties, including but not limited to, the applicant/participant, the local community rehabilitation program, and the PCA program coordinator.

(C) If dissatisfied with the supervisor's response, the applicant/participant may, within ten working days of the mailing of the supervisor's decision, request of the executive director of OOD a formal administrative hearing conducted in accordance with the substantive terms of Chapter 119 of the Revised Code. The request shall be in writing and shall state the cause of dissatisfaction.

(D) The applicant/participant may have a representative in any proceeding described in this rule; any costs for such representation shall be assumed by the applicant/participant.

(E) The provisions of this rule shall not apply to actions made in accordance with rule 3304-1-04 of the Administrative Code.

(F) Applicants and program participants shall be informed in writing of their rights under this rule at the time they are notified of the eligibility decision. Such notice shall be in a format requested by the applicant/participant.