Opportunities for Ohioans with Disabilities - Personal Care Assistance Program - Disciplinary causes and procedures.


Published: 2018-10-29

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(A) Any one of the following shall constitute a violation by the applicant/participant of program rules and be cause for suspension or removal of an applicant/participant from the program:

(1) A determination by the Ohio department of taxation, the bureau of workers' compensation, the Ohio department of job and family services, or the internal revenue service of non-payment of employer taxes required by federal/state law;

(2) Failure to pay a personal care assistant for all services billed to OOD and/or failure to pay a personal care assistant within two weeks after receipt of reimbursement from OOD;

(3) Paying an assistant for services not rendered;

(4) Utilizing any program funds as personal income;

(5) Falsifying information submitted to OOD or to the local community rehabilitation program, including but not limited to reimbursement billings; employment, job seeking, or training information; assistant time; and payroll records;

(6) Misrepresenting the need for program funds to OOD or to the local community rehabilitation program during application or any other time thereafter;

(7) Not responding within a designated time frame to a request for information or for a home visit by a local community rehabilitation program and/or OOD in accordance with paragraph (B)(2) of this rule;

(8) Failure to report permanent change of residency;

(9) Failure to complete the annual review within the specified time frames; and.

(10) More than one written notice from the PCA program over the course of the PCA case, including notice of any of the items listed above or other suspicious activity.

(B) If OOD or a local community rehabilitation program has reason to believe that a participant is or has been engaging in any activity listed in paragraph (A) of this rule, the following steps shall be taken:

(1) OOD and the local community rehabilitation program shall inform each other of the alleged problem.

(2) The program coordinator for the OOD personal care assistance program shall gather and review any appropriate information, which may include information requested from the participant or the results of a visit made by a local community rehabilitation program or OOD representative to the participant's residence. If it is determined there is cause to believe that an applicant/participant has violated program rules, the PCA program coordinator shall present the information, any related evidence, and a recommendation for action to his/her supervisor within ten working days of becoming aware of the problem.

(3) The supervisor, within ten working days of receipt of the recommendation from the PCA program coordinator, may approve, disapprove, or modify the recommendation and shall inform the participant of the decision. If the decision is to suspend or remove the participant, the participant shall be sent a notice in writing by certified mail, return receipt requested. The following information shall be included in the notice:

(a) All of the charges or other reasons for the proposed action;

(b) The specific program rules that are alleged to have been violated;

(c) That a request for a hearing shall be made in writing to the OOD executive director within twenty working days of the mailing date of the notice;

(d) That, if a hearing is timely requested, it shall be granted, and if a hearing is not requested, the proposed action will be taken; and

(e) That, if a hearing is timely requested, it shall be held in accordance with Chapter 119. of the Revised Code. At the hearing the participant may appear and legally represent himself/herself, or be represented by an attorney (any fee for this counsel shall be assumed by the participant), or present positions, arguments, contentions in writing. At the hearing the participant or an attorney may present evidence and examine witnesses for and against him or her.

(4) A copy of the notice shall be mailed to attorneys or other representatives of record representing the participant.

(C) If a hearing is requested, it shall be held in accordance with section 119.09 of the Revised Code.