Find & Ask Ohio › this rule

Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified

OhioregulationOhio Department of Aging (ODA)· effective 2025-04-01

What this rule requires your agency to do

  • 1The provider shall have a written or electronic incident-documentation policy and report suspected abuse, neglect, or exploitation to adult protective services and notify ODA or its designee within one business day.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 2The provider shall meet all licensure/training/staffing qualifications required by this chapter and all applicable federal, state, and local laws, including holding an NPI where applicable.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 3The provider shall have an ODM-approved EVV system in place where required under Chapter 5160-32; retain service and qualification records for six years; and participate in compliance reviews and grant ODA/HHS/state auditor/ODM access to records.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 4The provider shall accept the payment rates in its provider agreement as payment in full and not seek additional payment from the individual, and may bill only when compliant with all service-verification requirements.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 5The provider (and its employees) shall not engage in the unethical, unprofessional, disrespectful, or illegal behaviors enumerated in paragraph (B)(8) while providing services.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 6The provider shall notify ODA or its designee no later than one business day after any significant change affecting the individual's service needs or safety, and give at least thirty days' written notice before the last day of service (with stated exceptions).(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 7The provider is subject to criminal records checks and database reviews under R.C. 173.38/173.381, Chapter 173-9, and rule 5160-1-17.8.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)
  • 8The provider shall carry a minimum of one million dollars in commercial (or, for non-agency, professional) liability insurance covering individuals' losses due to theft or property damage, unless a participant-directed provider.(Rule 173-39-02 | ODA provider certification: requirements for providers to become, and to remain, certified)

Applies to: personal care

Establishes the baseline qualifications, background checks, insurance, incident-reporting, EVV, records-retention, supervision, and conduct requirements every ODA-certified provider (including personal care and participant-directed providers) must meet to become and remain certified.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.