Find & Ask › Ohio › this rule

Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons

OhioregulationOhio Department of Medicaid· effective 2026-01-01

What this rule requires your agency to do

  • 1Tier III: a seven-year exclusionary period applies from the date fully discharged from all imprisonment, probation, or parole for the listed Tier III offenses.(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)
  • 2Tier IV: a five-year exclusionary period applies from the date fully discharged from all imprisonment, probation, or parole for the listed Tier IV offenses.(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)
  • 3Multiple disqualifying offenses extend the applicable exclusionary period (e.g., a fifteen-year period for combined Tier II offenses).(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)
  • 4Tier I: persons convicted of or pleading guilty to the listed permanent-exclusion offenses (e.g., aggravated murder, rape, patient abuse or neglect, medicaid fraud) are permanently excluded from providing HCBS.(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)
  • 5A waiver agency may only employ or continue to employ an applicant, employee, or subcontractor convicted of a disqualifying offense in a position providing HCBS in accordance with the exclusionary timeframes set forth in the rule.(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)
  • 6Tier II: a ten-year exclusionary period applies from the date fully discharged from all imprisonment, probation, or parole for the listed Tier II offenses.(Rule 5160-45-11 | ODM-administered waiver programs: exclusionary periods for disqualifying offenses; certificates; and pardons)

Applies to: cross-cutting

OAC rule setting tiered exclusionary periods barring waiver agencies and independent providers from employing or using persons convicted of specified disqualifying offenses.

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