(xi) Providing [on-site] professional services for the individual by qualified members of a clinical discipline which are part of the development or implementation of an individualized service plan and which are intended to enable the person [or] and, as appropriate, his or her family to cope with health care, emotional, psychological, behavioral or programmatic [problems] issues. [in order] The purpose of the professional service is to maintain or improve the person's health, safety or level of functioning.

New subparagraphs (xii), (xiii) and (xiv) are added to paragraph 635-10.4(b)(1) as follows:

Note: Rest of section is renumbered accordingly.

New subparagraphs (xi), (xii), (xiii) and (xiv) are added to paragraph 635-10.4(b)(2) as follows:

Note: Rest of section is renumbered accordingly

A new paragraph (14) is added to subdivision 635-10.5(b) as follows:

(14) To bill for each day that residential habilitation services are provided in the individual's home (At-Home Residential Habilitation), staff shall deliver and daily document at least one face-to-face individualized residential habilitation service for each continuous time period that residential habilitation is provided to the individual. To bill for each day that family care residential habilitation services are provided, the family care provider shall deliver and daily document at least one face-to-face individualized residential habilitation service to the individual.

Note: Rest of section is renumbered accordingly.

A Revised Regulatory Impact Statement is not being submitted because the non-substantive changes to the originally proposed text do not necessitate revisions to the information provided in the original Regulatory Impact Statement. The minor non-substantive changes were to substitute a word used in the text with preferred terminology and to change the numeration from the proposed text.

A Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not being submitted because the non-substantive changes to the originally proposed text do not necessitate revisions to the information provided in the original Regulatory Flexibility Analysis for Small Businesses and Local Governments. The minor non-substantive changes were to substitute a word used in the text with preferred terminology and to change the numeration from the proposed text.

A Revised Rural Area Flexibility Analysis is not being submitted because the non-substantive changes to the originally proposed text do not necessitate revisions to the information provided in the original Rural Area Flexibility Analysis. The minor non-substantive changes were to substitute a word used in the text with preferred terminology and to change the numeration from the proposed text.

A Revised Job Impact Statement is not being submitted because the non-substantive changes to the originally proposed text do not necessitate revisions to the information provided in the original Job Impact Statement. The minor non-substantive changes were to substitute a word used in the text with preferred terminology and to change the numeration from the proposed text.

OMRDD received one comment regarding this proposed rule making. The comment was received from an individual.

1. Comment: The individual found it unclear as to what distinguishes a “face-to-face” individualized residential habilitation service from any other individualized residential habilitation service and thought some definition is needed to supplement the new requirement.

Response: There is no need for further clarification in the regulation. There is no change in the service delivery and documentation requirements because of this regulatory amendment as the requirements in the amendment were part of an Administrative Memorandum issued by OMRDD in March, 2004 and they have already been implemented by the provider community. This amendment simply formalizes the requirement in regulation and also clarifies that billable service time can only be counted when the service is provided and the person is present. That being said, indirect services, such as attending ISP reviews, telephone contacts, and paperwork, for example, are considered a cost factor and are included in the residential habilitation rate.