*** -D-R___ l --':'1_ ' .... -Nt' I--LAl' " -O"-''\TE·,T1 I ___-r·' r -_ _ .1-=;',1-) 5101:3-3-15.1 _4-. _ Preadmission screening (PAS) requirements seeking admission to nursing facilities (NFs). *** for individuals (A) The purpose of this rule is to set forth the preadmision screening (PAS) requirements in order to comply with section 1919(e)(7) of the Social Security Act, as amended, which prohibits nursing facilities from admitting or enrolling individuals with serious mental illness (SMI) (as defmed in paragraph (B)(J2}Qll of rule 5101:3-3-14 of the Administrative Code) or mental retardation and/or other developmental disabilities (MRDD) (as defined in paragraph (B)~@ of rule 5101:3-3-14 of the Administrative Code) unless a thorough evaluation indicates that such placement is appropriate and adequate services will be provided. A preadmission screening identification (PA SlID) is required: (1) Prior to any new admission to a nursing facility (NF) and prior to any categorical determination as defined in rule 5101:3-3-14 of the Administrative Code unless the admission meets the criteria for a hospital exemption as set forth in para!!.raph (G) of this rule. (2) When an individual is transferred or directlv admitted to a nursing facility from a hospital that is either of the following: (a) A hospital that the Ohio department of mental health and addiction services (ODMHAS) maintains. operates. manages, and Q:ovemsunder section 5119.14 of the Revised Code for the care and tTeatment of mentallv i1l1)erSOns;or (b) A free-standing hospitaL or unit of a hospital, licensed bv ODMHAS under section 5119.33 of the Revised Code. (B) Preadmission screening identification (PAS/ID) requirements: (1) PASIID must be completed and submitted to the PASSPORT administrative agency (PAA). the Ohio depmiment of medicaid (ODM) designee, via a JFS 03622 "Preadmission Screening/Resident Review (PAS/RR) Identification Screen (rev. lli201O) or equivalent approved by ODM) with SU1)porting documentation to validate answers on the JFS 03622. (a) For individuals seeking medicaid payment. the JFS 03697 "Level of Care Assessment" (rev. 4/03) shall also be submitted in accordance with rule 5101:3-3-15 of the Administrative Code to ODM or its designee, unless the individual is enrolled in <l medicaid managed care plan (MCP) as defined in rule 5101 :3-3-14 of the Administrative Code. (b) For those individuals who will be relocating from outside of Ohio. who are not Ohio residents, and are known to have serious mental illness (SM1) and/or MRDD or whose JFS 03622 contains indications of MRDD and/or SMI, the submitter shall obtain and submit with the JFS f _,',)'h'Sh,;~-!_'ndc.xst ; !.1, m;rr./Il'itl.i: toot: i4i .:Ji r<l.d .'!'ig g .WJ3 (;:{53. (r'!;;: {!~ *~!*·"D!pAr~T·· ·N··O"'·r·'.l·E''T'c·I·I· ·E··DI ·Kr.-l ." 1.·1t . ...JJ . *** 2 5101 :3-3-15.1 03622, the JFS 03697. the other state's level two evaluation(s) of the individual and any additional documentation necessary to address the required evaluation elements specified in 1111es 5122-21-03 and 5123:2-14-01 of the Administrative Code. Submission of the required forms and information does not constitute completion of the P ASJ1D process. (c) For those individuals identified as new admissions in accordance with paragraph (B)06) of rule 5101:3-3-14 of the Administrative Code who already reside in the facility at the time the PASIID is initiated. the submitter must notify ODM or its designee of the medicaid status of the facility at the time of the PASfID submission. Cd) PAS/ID may be initiated bv the individual seeking the new admission, or by another entity on behalf of the individuaL or by any state agency or their designee responsible for PAS. The NF is ultimately responsible for ensuring that the PASIID is completed and the detennination is on file. a .,.. to an ) ne\ .• aamission to (1) Pi\:S/ID must b e e0111191e1, oatcg .' Ie acterminatio prior AOl.lOa: . dilmffistraliare , Fdl a NF E ' 'e Cad e Hnlfi a"these " ,- ~"Iine~ IB -1g".fid pn'" rn ..,") e"""alesaeffij ,e", tJ.e """""ion -e.'" 1.3 -; 14 of If I' I ",,,,,uI'WJfl as c t f" meets the enrn" • ,. H He Adffiim,_ive Cod ,"illth iii pamgr"l'fl fB)'9) eel' a hospital set 1:3 forth in eal'R!!l'Ml"1m of tn' 0 pItie' Hien §!9 :; .14 . IS rule. • ",,6 the require... en t,!p s er 'exem r ;'6 (2) PAS/ID must be completed and submitted to the PASSPORT administl'ntive of job tlfid family' services (ODJFS) designee, via a JFS 03622 'P/'.•• SRR (S}'HlMRDD) Identification Screen' (rcv. 11/09) with supporting aocnmentation s~lffieient to yulidate the nnuwen; on the JFS 03622. agenc), (PA.A). the Ghio department (a) FOl' ill . d'lYlduuls . secI ' .'-lUl!; m d' . ,,*' ~!3Se~sment' (rev, '1/ '; "e lcald payment, the J 18 "J ,W", 'Ie".l ,3 15 0f thego)' d,knll ' , "1"0 ~e ,"'Itled iff 93697 ' ' of eare ::~" tire individuai,::;'''6ti",a, Cod. to o~;::~..eanoe will; mi. 01 _P) "n d.li"e" in rule 51 01 ;.d medieaid", Of-''" deSIgnee, 1 1!1! 4 ofH III e A rim' , an~ged cafe plan .. i II1IR1Tflh"p" r:,0 rl c. . " who f outSIde. mental ef Ohio,I'nne~: '55f loeatingrom. 'II 5e ". ,er'OH' ' 'viduals who WIn, "'0''11 to Irave '!IS iff~ieatiflfls ? (b) For these residefits, a!!" !lfeJs 03622 lorm een~~ffiit with the JI'S are fi.' ; 'RDD or ",ha,e 'Ill """lit lffi"" "alHaiianEsJ al (8MI) undo'01 ~~JI.U the sllbmltter ~IL _', level Iwa e, _, to allilre" die, ," h' Ell' S, _""" MRDD an 03697 to"", t e ~dee •••n""",,,a. lleee:~"2 n (J3 .Ha 03622, 'fie !ill '"admafiR _ , it,"d in rule.'~ e reauiree the iRdi'-ldua! ~~a xl,.';i~o elelHent. 'I'~a 00 Suomi'Slafi at tIr ' 'red c, .. t "~~Iue ,0 the , I A dnllTIls<1 . reqm1,101oftlc" 5123:2 Z;:;. iF;' {C I v !l: * DR""rl.AN /\Fr-I~ -~i! 1 "--:"1' J~" 1 ,E'iD * * * Torr'\.lT~';'--' J _ 1 1.... s-:«. 5101:3-3-15.1 3 ~forms and infoRllution ' docs, not con:jhlute ", ' completion of the PAS/ID , (" fi",I" in l'weordanee "rilli 'R EI ", flew admls,ilO '1 ',. those individuals iElentl e .a,5 :\~\ of the Administr~lti\:e, ~ode \\r 10 (6) I'e! , h (8)(17) of rule 5101.3.' ., h PAS,1D W Ifllhaled, tfie p~fa-;;:':rfC"iee in the facility fit tfie ~'.:'e .:: of ,He meElieai. ,te'", 61 a Teu ,J ' .. 5, (" " 'v ODlFS or Its ('C.,lg, _' ' ~lUhmlttel mu"t nO.tIt. f tl () P /' S/ID SubmiStilon. the facilitv at the tn11C0 L _y (d) PASIIl) .' . bv ' mu" " ) be ImtlUted e .,the mdivid ' " another entit"J on ,) beholf their de,i" of ' •• J dseek",tfio nen', odl ' , •Of _urine o.ee"onS! resp '" Ie fuf. '0PAe mer' g ua,I or0 by •any .,HlS'IOn, Of ft!tt ."" tile PAS.'I[), 13 .., completed :' ,Ie NF sate rcspoflsihle .gency Ol' andi.t:e\' 11~ntUelY. etermtnution I'S on i( f;)Q} ODIFSODM, or its designee, shall review the .JFS 03622 form to determine whether the individual has MRDD and/or indications of SMI. (a) An individual individual: shall be determined to have indications of SMI if the (i) Meets at least two of the three criteria specified in paragraph (B)(32) of rule 5101:3-3-14 of the Administrative Code; or (ii) Due to a mental impairment, receives supplemental security income (SSI) authorized under Title XVI of the Social Security Act, as amended; or (iii) Due to a mental impairment, receives social security disability insurance (SSDI) authorized under Title II of the Social Security Act, as amended. (b) An individual shall be determined to have indications of MRDD if the individual's condition meets the defining criteria set forth in paragraph (B)(16) of rule 5101:3-3-14 of the Administrative Code. f41ill PAS/ID results shall determine review. whether an individual is subject to further (a) Individuals determined to have no indications of SMI and/or MRDD are not subject to further PAS review. Such individuals are considered to have met the PAS requirements effective on the date an accurate and complete record was submitted to ODJFS ODM or its designee, even if *~~~~ L)RA"F""'f -NO'l" "":"1"1" 1. 1 y~r., .. L It . .E,D ..... 1.. ... 5101 :3-3-15.1 J. *** 4 the records were received at a later date. (b) Individuals determined to have indications of SMI shall be subject to further review by the Ohio department of 111 ental health (ODMHjODMHAS, in accordance with rule 5122-21-03 of the Administrative Code. Such individuals shall not be considered to have completed the PAS process until GUMliODMHAS has issued the PAS/SMI determination. (c) Individuals determined to have indications of MRDD shall be subject to further review by the Ohio department of developmental disabilities (DODD) in accordance with rule 5123:2-14-01 of the Administrative Code. Such individuals shall not be considered to have completed the PAS process until DODD has issued the PASIMRDD determination. (d) Individuals determined to have indications of both SMI and MRDD shall be subject to further review by both ODMHODMHAS and DODD in accordance with rules 5122-21-03 and 5123:2-14-01 of the Administrative Code. Such individuals shall not be considered to have completed the PAS process until OD}V'EHODMHl\S has issued the PAS/SMI determination and DODD has issued the PASIMRDD determination. (e) Any individual twenty-two years of age or older, who has previously been determined by DODD to be ruled out from PAS as defmed in paragraph (B)(31) of rule 5101:3-3-14 of the Administrative Code is not subject to further review. (-§i@ When an individual has been determined to have indications of SMI and/or MRDD, ODJFSODM or its designee shall forward the JFS 03622 form and all supporting documentation to: (a) ODMHODMHAS and/or DODD for categorical and out of state requests. In addition, for those individuals relocating from outside of Ohio, ODlFS ODM or its designee shall also send the other state's evaluation documentation to ODMHODMHAS and/or DODD. (b) The county board of DD (CBDD) and/or the OD?vll-lODM.HAS local evaluator, for all other requests. f61ill GDJFS ODM or its designee, GD.tvIHODMHAS and/or DODD are the only entities that have the authority to render PAS determinations. The individual **:* 'D'RA'P"T - 'N"rvr 01 "y"~rrc'II .. r ..L 'E"D .' .' ..••.••••. .1.. ~, ~"" ..,1, ,.,•. -r- -r- Ll. 5101:3-3-15.1 5 must not move into an Ohio NF until the PAS determination has been made. f71® The receiving NFs are responsible for ensuring that all individuals subject to PASIID receive a review and determination by ODJFSODM or its designee and, if applicable, a PAS/SMI review and determination by ODMHODMHAS and/or a PASIMRDD review and determination by DODD prior to entering the NF. f8iQ1 NFs who, whether intentionally or otherwise, accept any new admission, readmission, or NF transfer in violation of this rule are in violation of their medicaid provider agreements. This is true regardless of the payment source for the individual's NF stay. (C) PAS/SMI and PASIMRDD determination requirements: (1) There shall be no new admission of any individual with SMI or MRDD, regardless of payment source, unless the individual has either been determined, in accordance with rules 5122-21-03 and/or 5123:2-14-01 of the Administrative Code, to need the level of services provided by a NF, or has qualified for admission under the hospital exemption provision set forth in paragraph (G) of this rule. (2) PAS/SMI and/or PASIMRDD must be completed prior to any new admission of an individual determined by OD:f>·lJIODMHASand/or DODD to have SMI and/or MRDD. (a) For all such individuals identified as new admissions under the provisions of paragraph (B)~QQl of rule 5101:3-3-14 of the Administrative Code, and regardless of payment source, the PAS/SMI and/or the PASIMRDD determination requirements must be met before the individual is admitted to any NF or facility in the process of obtaining its initial medicaid certification and NF provider agreement. Individuals determined not to need NF services shall not be admitted or enrolled and medicaid payment will not be available for NF services. (b) For all such individuals identified as new admissions under the provisions of paragraph (B)fH7f.l6l(c) of rule 5101:3-3-14 of the Administrative Code who are current residents of the facility, the PAS/SMI and/or the PAS/MRDD requirements must be met prior to the effective date of the NF provider agreement between ODJFS ODM and the newly certified NF and/or prior to the availability of medicaid payment for the medicaid eligible individual. *** A.F:·T· DR.I...:.'1. •. ·E,D1. '1\t *' * . .~. 'F1· \) .l."VE-i,'1'"' ···F:I·l NI J ..•... J J 5101:3-3-15.1 6 (3) ODMTIODMHAS and DODD are prohibited from utilizing criteria relating to the need for NF care or specialized services that are inconsistent with C.F.R. 483.108 and the ODJFSODM approved state plan for medicaid. The approved state plan for medicaid includes level of care criteria, contained in Chapter 5101:3-3 of the Administrative Code. Therefore, OD~lHODMHAS and DODD must use criteria consistent with Chapter 5101:3-3 of the Administrative Code in making their determinations regarding whether individuals with SMI and/or MRDD need the level of services provided by a NF. (D) PAS/ID, PAS/SMI, and PASIMRDD requests for additional information: (1) ODJFS ODM or its designee, ODMHODMRA..S and/or DODD may request any additional information required in order to make an PAS determination. (2) If ODJFS ODM or its designee, ODMHODMHAS and/or DODD require additional information in order to make the PAS determination they shall provide written notice to the NF, the individual, the hospital, the referring entity, and the individual's representative, if applicable. This notice shall specify the missing forms, data elements and other documentation needed to make the required determinations. (3) In the event the individual and/or other entity does not provide the necessary information within fourteen calendar days, 9DlFS ODM or its designee, OmvfnODMHAS and/or DODD shall provide written notice to the individual, the individual's guardian or authorized representative, if applicable, and the NF that the admission is prohibited due to failure to provide information necessary for the completion of the PAS process and that the individual may appeal the determination in accordance with the provisions of division 5101:6 of the Administrative Code. The individual, regardless of payment source, must not be admitted to the NF. (4) If the individual was seeking medicaid coverage of the proposed NF stay, the county department of job and family services (CDJFS) must also be notified that the individual is not eligible for the admission due to failure to cooperate in the establishment of eligibility. (5) If the individual or other entity submits the requested information within the timeframes specified in the notice, ODJFS ODM or its designee, or DODD and/or ODMHODMHAS shall continue with the PAS process. (E) PAS/ID, PAS/SMI, and PASIMRDD notification: ."f- ~ ~ ·I~ I,' 5101:3-3-15.1 D·RA·F", , " . .,',.1. i -! ·N'OI'T\ ·Y····h"""'-"·J' ' 'F\I'L.'E"".··[', 'j' ",(.,,'~~ ,. ii' _ ,,1. .., ",LI, , . ,. ,.....!, !• 7 (1) In accordance with all requirements specified in rule 5101:6-2-32 of the Administrative Code, ODJfSODM, or its designee, shall report the outcome of the PASIID to the individual, their guardian, or authorized representative (if applicable) and to the entity which initiated the review, and the applicable state department(s) who receive the JFS 03622 and JFS 03697 (if applicable). (2) The admitting NF shall maintain the results of the PASIID in the individual's resident record at the facility. (3) In accordance with all requirements specified in rule 5101:6-2-32 of the Administrative Code, DODD and/or ODMHODMHAS must provide written notice of the PAS-MRDD and/or PAS-SMI determination to the individual, their legal guardian of person or authorized representative (if applicable), the individual's physician and the facility. If the individual has applied for medicaid payment of the NF stay, GDlFS ODM and if applicable, the CDJFS and/or the medicaid managed care plan (MCP), must also be notified. If an adverse determination is issued, the facility must then provide the individual, regardless of payment source, with notice of the intent to discharge in accordance with section 3721.16 of the Revised Code. (4) The admitting NF shall retain the written notification of the PAS/SMI and/or PASIMRDD determinations received from GDMHODMHAS and/or DODD in the individual's resident record at the facility. (F) An individual shall be required to undergo a new PAS/ID in accordance with the provisions of this rule if: (1) The individual received PAS/ID, PAS/SMI and/or PASIMRDD that NF services are needed and has not been admitted to a NF within one hundred eighty days for the most recent PAS determination that does not meet the definition in paragraph (B)(3) of rule 5101:3-3-14 of the Administrative Code; (2) The individual received PAS/SMI and/or PASIMRDD that NF services are needed and has not been admitted to a NF within the time period specified by GDMHODMHAS or DODD for a PAS that meets the definition of paragraph (B)(3) of rule 5101:3-3-14 of the Administrative Code. (G) Criteria for a Hospital (convaleseent)hospital exemption, as defined in rule 5101:3-3-14 of the Administrative Code. from PAS reouiremenh (1) An individual is to be admitted or enrolled directly from an Ohio hospital or a till}t of a hospital that is not operated by or I.icensed bv ODMHAS under *** DRA' 'F:T' _NO-rl""'lVP,r["R'I¥" E"D __.I J-":' .. .I .. L~, 1, ,.I.. ,,' ,. '.', *** 8 5101:3-3-15.1 section 5119:14 or section 5119.33 of the Revised Code. after receiving acute inpatient care at that hospital or is an Ohio resident being admitted or enrolled directly from an out-of-state hospital after receiving acute inpatient care at the hospital: and (2) The individual requires the level of services provided which was treated in the hospital; and (3) The individual's attending physician has provided by a NF for the condition written certification, si2:ned and dated no later tban the date of discharge from the hospita1. stating that the individual is likely to require the level of services provided by a NF for less than thirty days. (l) The difjcilRrging hospital must complete the hospitni (convule:Jcent) exemption from preadmission screening notification form OF'S 07(00) (11/09). The ferm must be signed and dated by the attending physician no later than the date of discharge from the hospitul certifying that all of the hospital (eom'uleseent) exemption criteria os defined in pnrugraph (B)(9) of rule 5101:3 3 14 ofthe Administn~tive Code huve been met. (2) The dischurging hospital must send the completed frDol"ooriate Pi\.'\:. fOFm to tho ndmitting NF and . dg9) es of thatrule all acknowle ofetthe (B)( r ' ""eop'.f! is the.fiteno pla~emen us delineated the:NF 1l1,paragraph ~ '3) Ift"e ~,F Ofet ffl, ~ indlVld<lB:l,. l tkf - ' •• . "'."'pa 3' 1/1 ot_tIi0 1'dmi •••• -.ti-ve-G ,,101.3 •• -v ' £ en The Hdmitting NF shull maintain the documentation in the resident's record at the f/lei I itv. (51 The ]\rF "1 II ImtIate . .... " . , • the ..•..reSident rOVIen' pro-'c"" " '"f d III . rule 5101:3 .,,dO 15')' A . ". to ,hi, ELI speOl te clHyin tl:ef.:;li~!!the ncimmlstwtl've Code, pnor to the indiyiduul's thiliieth (6) The PAA shall send n copy of the form to ODME and/or DODD if the individual hus svmotoms of 81••.11andlor a dia2:nosis of MRDD. (7) If 0:11 individual admitted to u NJt4ta.Uer the hOLlpital (convalescent) exemption is admitted to n hospital Of tn-;.nsfers to 8:11otherHF during the tlrst thirty days of their NF Gta)" the days in the hOGpital or previous Pili' \vill count to\-vardtheir thirty day hospital (eoflvaleclcent) exemption time period. A new hospital exemption shall not be granted during the existing exemption time period. A resident revie;.,,- ERR) shall bc initiated by theN¥' in acoordanoe with rule 5101:3 3 15.2 of the i\dministrative Code if the individual requires a continued NF stav bevolld thirtv davs. (8) If /ln adverse detem1ination of either a PA8/S1vlL PAS,'IvIRDD. RR/SMT or ! ,I. ~*-1" I ·D. '1=>A 1=,'T' ..'. .'\.. .J.. -1' TOr)!T .,t"l 'y. .. 'E'lFl' ffE,D _.L .1....1. 5101 :3-3-15.1 * ** 9 RR/:;\lRDD determination has been issued by ODf'vlH or DODD v;ithin the lant ~,ixty calendar days prior to the no' •••· admi:;;jion or enrollment the individual is Hot eligible for u h03pitul cxcmptien and a PAS 10 r;hall be initintAc1 in nf'f'AnlHl1Cc \,<'ith nflmrrmnh n~)(2) ofthiR rule (H) Process for a hospital exemption. (1) The discharging hospital must complete the "Hospital Exemption from Preadmission equivalent approved by ODM. The JFS 07000 the attending physician no later than the date of JFS 07000 (rev. 1112010), Screening Notification" or must be signed and dated bv discharge from the hospitaL (2) The discharging hospital must send the completed IFS 07000 to the admitting NF and appropriate PAA. (3) When the NF accepts the placement of the individual, the NF acknowledges that all three exemption criteria are met as described in paragraph (0) 0[th1S rule. (4) The admitting NF shall maintain the documentation in the resident's record at the facility. (5) The NF shall initiate the resident review process, as specified in rule 5101:3-3-15.2 of the AdministTative Code, prior to the individual's thirtieth day in the facility. (6) The PAA shall send a copy of the JFS 07000 to ODMHAS and/or DODD if the individual has symptoms of SMI and/or a diagnosis ofMRDD. (7) When an individual admitted to a NF lmder the hospital exemption is admitted to a hospital or transfers to another NF during the first thirty days of their NF stay, the days in the hospital or previous NF will count toward their thirtv day hospital exemption time period. A new hospital exemption shall not be granted during the existing exemption time period. A resident review (RR) shall be initiated by the NF in accordance with rule 5101:3-3-15.2 of the Administrative rode if the individual requires a continued NF stay bevond thirty davs. (8) tH7ill When an adverse detemlination of either a PAS/SMI, PAS/MRDD, RRISMI or RR/MRDD determination has been issued by ODMHAS or DODD within the last sixty calendar days prior to the new admission or enrollment. the individual is not eligible for a hospital exemption and a PAS 10 shall be initiated in accordance with paragraph (B)(1) of this rule. Medicaid payment is not available for NF stays to individuals who are otherwise medicaid-eligible until the date on which the PAS requirements have been met. c ** 5101:3-3-15.1 - 'N' ,,_, 'Orr VE"rr .I" J IT.lJ. "E'' ~~** 10 ~ill Adverse PAS determinations may be appealed in accordance with division 5101:6 of the Administrative Code. f::B(K) ODJFSODM has authority to assure compliance with the provisions of this rule. NF's, local administrators, hospitals and all state agencies and their designees shall comply, with accuracy and timeliness, to all requests for records and compliance plans issued by ODJFSODM or its designees.
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