Find & Ask › Ohio › this rule
Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management
OhioregulationOhio Department of Medicaid (ODM) / Ohio Department of Aging (ODA)· effective 2024-10-06
What this rule requires your agency to do
- 1Incident reports must include, when available, the facts of what happened, incident type, date, location, names/contact of persons involved, and actions taken.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 2Upon enrollment and at each annual reassessment, the waiver case management agency must obtain, document, and maintain written confirmation that the individual received information about how to report abuse, neglect, exploitation, and other incidents.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 3For each substantiated critical incident, a prevention plan must be entered into the incident management system no later than seven business days after being notified the incident was substantiated.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 4Waiver case management agencies must enter critical incidents into the incident management system within one business day and reportable incidents within three business days of becoming aware.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 5Providers must report an incident to the relevant waiver case management agency (or MCO/OhioRISE plan) immediately upon discovery but no later than one business day after discovering it, unless required to report sooner.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 6Providers must take immediate action to ensure the health and welfare of the individual upon discovering an incident.(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
- 7Investigating entities must initiate an investigation within two business days of receiving the incident report and conclude it no later than forty-five business days after initial receipt (absent prior approval for a longer period).(Rule 5160-44-05 | NF-based level of care HCBS programs, MCOs, OhioRISE, SRS: incident management)
Applies to: cross-cutting
Sets standards and timelines for reporting, investigating, and closing critical and reportable incidents affecting individuals on Ohio HCBS waivers and related programs.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.