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Ohio Laws and Rules
(A) Purpose
The purpose of this rule is to delineate the procedures by which county boards may supplement their state matching funds allocation for HCBS waiver services. Additionally, this rule specifies those sources of funds that may be used to supplement the county board state match allocation. This rule provides the department authority to withhold subsidies and other payments that are otherwise due the county to ensure adequate match for HCBS waiver services when a county board fails to pay matching funds.
(B) Definitions
(1) “County board” means a county board of mental retardation and developmental disabilities established under Chapter 5126. of the Revised Code.
(2) “Department” means the Ohio department of mental retardation and developmental disabilities.
(3) “Fund transfers” means the payment by a county board to the department of public funds to be used as matching funds for HCBS waiver services.
(4) “HCBS” means medicaid-funded home and community-based services provided under a medicaid component that the department administers pursuant to section 5111.871 of the Revised Code.
(5) “Matching funds” means the nonfederal share of medicaid eligible expenditures for services provided to medicaid eligible individuals, which is the cost of medicaid services less the amount of federal financial participation (FFP).
(C) In accordance with section 5126.057 of the Revised Code, a county board that has local medicaid administrative authority shall pay the matching funds for eligible individuals receiving medicaid home and community-based services that the department is not required to pay under paragraph (B) of section 5123.047 of the Revised Code.
(D) County boards may supplement any state matching funds for medicaid services allocated to the county by the department by designation of local funds or state subsidies distributed by the department for non-medicaid programs or services.
(1) The county board may designate for use as medicaid matching funds, amounts from the following funding sources:
(a) Funds that the department distributes to the county board as subsidy payments.
(b) Tax equity.
(c) Local levy funds.
(d) Earned federal revenue.
(e) Other public funds.
(2) Fund transfers of local levy funds, other public funds, subsidy payments received from the department, or earned federal revenue will require payment by electronic funds transfer (EFT) or check made payable to the “Treasurer, State of Ohio.” Fund transfers shall be submitted quarterly to the department based on an itemized invoice issued by the department.
(E) County boards that fail to pay the matching funds of medicaid expenditures shall be subject to any of the following actions by the department to recover any shortfall of match for actual expenditures for medicaid services:
(1) Withholding of any subsidies due the county from the department.
(2) Reduction of payments for medicaid earned federal revenue for service rendered by the county.
(3) Bringing a mandamus action against the county board pursuant to section 5123.0411 of the Revised Code.
Replaces: 5123:2-9-02
Effective: 02/16/2007
R.C. 119.032 review dates: 02/16/2012
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5111.871
Rule Amplifies: 5123.04, 5126.057, 5111.871
Prior Effective Dates: 04/28/2003