09/28/2023

LeadingAge Ohio Submits Comments on Proposed AL Waiver Rules Requirements for Memory Care

Today, LeadingAge Ohio submitted comments to the Ohio Department of Aging in response to the proposed AL waiver rules requirements for memory care, Chapter 173-39-02 ODA Provider Certification: Assisted Living Service. The rules reflect significant changes particularly as they pertain to the newly-created add-on payment for memory care. The rules do not include the rule appendix with reimbursement levels, but contacts at the Department of Aging indicate that rates should be available in the coming days. In the rules, two different levels of provider certification are outlined with significant new requirements for any assisted living community seeking the add-on payment for memory care.

The LeadingAge Ohio Clinical/Operations Subcommittee met for a complete review of the rules, noting numerous areas where they will oppose the draft language, and brainstorming possible improvements to the rule, including the following:

• Updating the memory care definition from an individual receiving a documented diagnosis of any form of dementia, to any form of cognitive impairment.
• Removing the word “mission” within the proposed mission statement for memory care section, and suggesting this language be moved to the section of the rule that describes requirements for disclosures on the facility website.
• Removing the word “at all times” within the outdoor spaces section of the proposed rules because this implies that residents should have unrestrained access to the outdoors at all times, which is not always practical.
• Removing the language that would require a resident call light be answered within 10 minutes, as this requirement is impractical and unattainable.
• Regarding the proposed staffing ratio of 1:10, LeadingAge Ohio shared concern about the lack of clarity in how this would be interpreted, and concerned about setting an arbitrary ratio which is unsupported in research literature. In other areas that require staffing levels, they are not defined as ratios, but rather as hours of care per resident day.

It is yet unclear whether the upcoming revisions to Ohio’s residential care facility (RCF) licensure rules will include memory care requirements that mirror those in the draft certification rules.  

To read the complete comments, click here. Questions may be directed to Policy Director, Tiffany Bukoffsky, at tbukoffsky@leadingageohio.org.