5101:3-3-02.2 Termination, denial, and non-renewal of long term care provider agreements.

(A) Written notice.

(1) The Ohio department of job and family services (ODJFS) may terminate, deny, or not renew a provider agreement upon thirty days written notice to the nursing facility (NF) .

(2) Notices and termination orders must comply with provisions set forth in sections 5111.06 and 5111.51 of the Revised Code.

(B) Reasons for which ODJFS may terminate, deny, or not renew a provider agreement.

(1) According to section 5111.22 of the Revised Code, ODJFS may terminate, deny, or not renew a provider agreement if ODJFS determines such an agreement is not in the best interests of the state or medicaid residents of long term care facilities.

(2) ODJFS may terminate, deny, or not renew a provider agreement on the basis of best interest including, but not limited to, the following reasons:

(a) The provider has not fully and accurately disclosed to ODJFS information as required by the provider agreement or any rule contained in division 5101:3 of the Administrative Code;

(b) The provider has failed to abide by or to have the capacity to comply with the terms and conditions of the provider agreement and/or rules and regulations promulgated by ODJFS;

(c) The provider has been found liable by a court for negligent performance of professional duties;

(d) The provider has failed to file cost reports as required according to rule 5101:3-3-20 of the Administrative Code;

(e) The provider has made false statements or has altered records, documents, or charts. Alteration does not include properly documented correction of records;

(f) The provider has failed to cooperate or provide requested records or documentation for purposes of an audit or review of any provider activity by any federal, state, or local agency;

(g) The provider has been found in violation of section 504 of the Rehabilitation Act of 1973, as amended; the Civil Rights Act of 1964, as amended; or Public Law 101-336 (the Americans with Disabilities Act of 1990) in relation to the employment of individuals, the provision of services, or the purchase of goods and services;

(h) The attorney general, auditor of state, or any board, bureau, commission, or department has recommended ODJFS terminate the provider agreement where the reason for the request bears a reasonable relationship to the administration of the medicaid program or the integrity of state and/or federal funds;

(i) The provider has violated the prohibition against billing medicaid residents for covered services or factoring as found in rule 5101:3-1-13.1 or 5101:3-1-23 of the Administrative Code;

(j) The facility has been found by the Ohio department of health (ODH) during a survey of the facility to have an emergency that is the result of a deficiency or cluster of deficiencies, and that constitutes immediate jeopardy;

(k) The provider does not comply with the requirements of section 5111.30 of the Revised Code for the installation of fire extinguishing and fire alarm systems, and with the requirements of section 3721.071 of the Revised Code for the submission of a written fire safety code; and

(l) The provider fails to pay the full amount of a franchise permit fee (FPF) pursuant to section 3721.541 of the Revised Code.

(C) Reasons for which ODJFS shall terminate, deny, or not renew a provider agreement.

(1) ODJFS shall terminate, deny, or not renew a provider agreement when any of the situations set forth in division (D) of section 5111.06 of the Revised Code occur including, but not limited to, the following:

(a) The provider has been terminated, suspended, or excluded by the medicare program and/or by the United States centers for medicare and medicaid services (CMS) and that action is binding on participation in the medicaid program or renders federal financial participation unavailable for participation in the medicaid program. Under these conditions, medicaid termination and payment sanction dates shall be the same as medicare termination and payment sanction dates;

(b) The facility has been decertified by the Ohio department of health (ODH) and/or the United States department of health and human services;

(c) The provider, or its owner, officer, authorized agent, associate, manager, or employee has pled guilty to or been convicted of a criminal offense, found liable in a civil action, or voluntarily settled a civil suit brought pursuant to section 109.85 of the Revised Code;

(d) The provider has committed medicaid fraud as defined in rule 5101:3-1-29 of the Administrative Code;

(e) The provider has pled guilty to or been convicted of a criminal activity materially related to either the medicare or medicaid program; or

(f) Any license, permit, or certificate that is required by ODJFS or the terms of the provider agreement has been denied, suspended, revoked, or not renewed.

(g) The provider has failed to ensure a nursing facility's full participation in the medicare program as a skilled nursing facility (SNF) pursuant to section 5111.21 of the Revised Code and rule 5101:3-3-02.4 of the Administrative Code.

(2) If ODH terminates certification of a facility, ODJFS shall terminate the facility's provider agreement pursuant to division (D) of section 5111.06 and division (B) of section 5111.52 of the Revised Code.

(D) Adjudication order.

(1) According to section 5111.06 of the Revised Code, ODJFS shall terminate, deny, or not renew an existing provider agreement by issuing an order pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, unless such action occurred as the result of events described in paragraph (C) of this rule.

(2) According to division (E) of section 5111.51 of the Revised Code, if ODJFS issues a termination order as the result of events set forth in paragraph

(B)(2)(j) of this rule, the termination may take effect prior to or during the pendency of the proceeding under Chapter 119. of the Revised Code.

(E) Impact of provider actions on CMS-imposed reasonable assurance periods.

(1) When seeking reentry to the medicaid program, providers are subject to procedures set forth in CMS publication 100-07 entitled "State Operations Manual" at Chapter 7 sections 7321B to 7321D (09/10/10) for SNFs and NFs, to comply with the provisions at 42 CFR 489.57 that govern reinstatement after termination, and require that the reason for termination of the previous agreement has been removed and there is reasonable assurance that it will not recur.

(2) After CMS has initiated involuntary termination action for a dually certified SNF/NF, or after ODH has initiated involuntary termination action for a medicaid-certified NF, a provider of a NF who is permitted to voluntarily terminate, voluntarily withdraw, or undergoes a change of operator, or the subsequent operator of the same facility, shall be subject to reasonable assurance requirements set by CMS when seeking reentry to the medicaid program.

(3) CMS or ODH initiates a termination action when it sends a provider the initial notice certifying noncompliance and proposing termination.

(4) Certification of noncompliance is a citation of noncompliance with a condition, or a nursing facility certification requirement cited at or above a scope level one and a severity level two pursuant to section 5111.35 of the Revised Code.

Effective: 01/10/2013
R.C. 119.032 review dates: 02/01/2016
Promulgated Under: 119.03
Statutory Authority: 5111.02
Rule Amplifies: 109.85 , 3721.071 , 3721.541 , 5111.01 , 5111.02 , 5111.03 , 5111.06 , 5111.22 , 5111.30 , 5111.31 , 5111.51 , 5111.52 , 5111.58 , 5111.60 , 5112.341
Prior Effective Dates: 4/7/77, 12/30/77, 1/1/79, 3/23/79, 8/31/79, 11/1/79, 7/1/80, 7/7/80, 10/1/87, 1/1/95, 5/16/02, 9/29/05, 2/15/11