173-14-27 Bed fee collection guidelines.

(A) The department of aging shall collect an annual bed fee of six dollars for each bed maintained for resident use by each of the facilities listed in division (A) of section 173.26 of the Revised Code.

(B) Annually, the department shall provide each of the facilities described in paragraph (A) of this rule with a billing statement requesting payment of the bed fee. The billing statement shall include the following information:

(1) The time period covered by the billing statement;

(2) The basis for calculating the amount owed by the facility;

(3) The deadline for receipt of payment;

(4) A statement indicating that payment shall be made in the form of a check or money order made payable to the office of the long-term care ombudsman of the Ohio department of aging;

(5) The address to where the payment shall be sent; and,

(6) The consequences of non-payment.

(C) Full payment of the bed fee shall be made to the department within thirty days of the date on which the billing statement was sent to the facility. The department may extend the due date as the department deems appropriate. In accordance with division (A) of section 173.26 of the Revised Code, a facility that fails, within ninety days after the established deadline, to pay a required payment shall be assessed at two times the original invoiced payment.

(D) In accordance with section 131.02 of the Revised Code, the department shall certify to the attorney general the amount of any payment not received by the department within forty-five days after the final due date.

The attorney general shall give immediate notice by mail or otherwise to the indebted party of the nature and amount of the indebtedness.

The attorney general shall collect the claim or secure a judgment and issue an execution for its collection.

Each claim shall bear interest, from the day on which the claim became due, at the base rate per annum for advances and discounts to member banks in effect at the federal reserve bank in the second federal reserve district. The attorney general and the department may adjust any claim in such manner as is equitable. They may extend the time of the payment of a claim or judgment for such period of time not to exceed one year as is best for the interests of the state, and they may require and take security for its payment.

Five Year Review (FYR) Dates: 05/01/2015 and 05/01/2020
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.26 ; Sections 305(a)(1)(C) and 712(a)(5)(D) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2014 edition).
Rule Amplifies: 173.26
Prior Effective Dates: 07/11/1991, 12/27/2001, 10/31/2003, 12/28/2006

Prior History: (R.C. 119.032 review dates: 11/09/2010 and 11/05/2015
Promulgated Under: 119.03
Statutory Authority: 173.02, 173.26
Rule Amplifies: 173.26
Prior Effective Dates: 07/11/1991, 12/27/2001, 10/31/2003, 12/28/2006 )