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Ohio Laws and Rules
Chapter 5112: HOSPITAL CARE ASSURANCE PROGRAM
5112.01
[Repealed Effective 10/16/2013] Hospital care assurance program definitions.
As used in sections 5112.03 to 5112.21 of the Revised Code:
(A)
(1) "Hospital" means a nonfederal hospital to which either of the following applies:
(a) The hospital is registered under section 3701.07 of the Revised Code as a general medical and surgical hospital or a pediatric general hospital, and provides inpatient hospital services, as defined in 42 C.F.R. 440.10 ;
(b) The hospital is recognized under the medicare program established by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and is exempt from the medicare prospective payment system.
"Hospital" does not include a hospital operated by a health insuring corporation that has been issued a certificate of authority under section 1751.05 of the Revised Code or a hospital that does not charge patients for services.
(2) "Disproportionate share hospital" means a hospital that meets the definition of a disproportionate share hospital in rules adopted under section 5112.03 of the Revised Code.
(B) "Bad debt," "charity care," "courtesy care," and "contractual allowances" have the same meanings given these terms in regulations adopted under Title XVIII of the "Social Security Act."
(C) "Cost reporting period" means the twelve-month period used by a hospital in reporting costs for purposes of Title XVIII of the "Social Security Act."
(D) "Governmental hospital" means a county hospital with more than five hundred registered beds or a state-owned and -operated hospital with more than five hundred registered beds.
(E) "Indigent care pool" means the sum of the following:
(1) The total of assessments to be paid in a program year by all hospitals under section 5112.06 of the Revised Code, less the assessments deposited into the legislative budget services fund under section 5112.19 of the Revised Code and into the health care services administration fund created under section 5111.94 of the Revised Code;
(2) The total amount of intergovernmental transfers required to be made in the same program year by governmental hospitals under section 5112.07 of the Revised Code, less the amount of transfers deposited into the legislative budget services fund under section 5112.19 of the Revised Code and into the health care services administration fund created under section 5111.94 of the Revised Code;
(3) The total amount of federal matching funds that will be made available in the same program year as a result of funds distributed by the department of job and family services to hospitals under section 5112.08 of the Revised Code.
(F) "Intergovernmental transfer" means any transfer of money by a governmental hospital under section 5112.07 of the Revised Code.
(G) "Medical assistance program" means the program of medical assistance established under section 5111.01 of the Revised Code and Title XIX of the "Social Security Act."
(H) "Program year" means a period beginning the first day of October, or a later date designated in rules adopted under section 5112.03 of the Revised Code, and ending the thirtieth day of September, or an earlier date designated in rules adopted under that section.
(I) "Registered beds" means the total number of hospital beds registered with the department of health, as reported in the most recent "directory of registered hospitals" published by the department of health.
(J) "Total facility costs" means the total costs for all services rendered to all patients, including the direct, indirect, and overhead cost to the hospital of all services, supplies, equipment, and capital related to the care of patients, regardless of whether patients are enrolled in a health insuring corporation, excluding costs associated with providing skilled nursing services in distinct-part nursing facility units, as shown on the hospital's cost report filed under section 5112.04 of the Revised Code. Effective October 1, 1993, if rules adopted under section 5112.03 of the Revised Code so provide, "total facility costs" may exclude costs associated with providing care to recipients of any of the governmental programs listed in division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 06-05-2002
5112.03
[Repealed Effective 10/16/2013] Adoption of rules.
(A) The director of job and family services shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code for the purpose of administering sections 5112.01 to 5112.21 of the Revised Code, including rules that do all of the following:
(1) Define as a "disproportionate share hospital" any hospital included under subsection (b) of section 1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r - 4(b), as amended, and any other hospital the director determines appropriate;
(2) Prescribe the form for submission of cost reports under section 5112.04 of the Revised Code;
(3) Establish, in accordance with division (A) of section 5112.06 of the Revised Code, the assessment rate or rates to be applied to hospitals under that section;
(4) Establish schedules for hospitals to pay installments on their assessments under section 5112.06 of the Revised Code and for governmental hospitals to pay installments on their intergovernmental transfers under section 5112.07 of the Revised Code;
(5) Establish procedures to notify hospitals of adjustments made under division (B)(2)(b) of section 5112.06 of the Revised Code in the amount of installments on their assessment;
(6) Establish procedures to notify hospitals of adjustments made under division (D) of section 5112.09 of the Revised Code in the total amount of their assessment and to adjust for the remainder of the program year the amount of the installments on the assessments;
(7) Establish, in accordance with section 5112.08 of the Revised Code, the methodology for paying hospitals under that section.
The director shall consult with hospitals when adopting the rules required by divisions (A)(4) and (5) of this section in order to minimize hospitals' cash flow difficulties.
(B) Rules adopted under this section may provide that "total facility costs" excludes costs associated with any of the following:
(1) Recipients of the medical assistance program;
(2) Recipients of financial assistance provided under Chapter 5115. of the Revised Code;
(3) Recipients of the program for medically handicapped children established under section 3701.023 of the Revised Code;
(4) Recipients of the medicare program established under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended:
(5) Recipients of Title V of the "Social Security Act";
(6) Any other category of costs deemed appropriate by the director in accordance with Title XIX of the "Social Security Act" and the rules adopted under that title.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 10/16/2009.
Effective Date: 06-26-2003
5112.04
[Repealed Effective 10/16/2013] Submitting financial statement and cost report.
(A) Except as provided in division (C) of this section, each hospital, on or before the first day of July of each year or at a later date approved by the director of job and family services, shall submit to the department of job and family services a financial statement for the preceding calendar year that accurately reflects the income, expenses, assets, liabilities, and net worth of the hospital, and accompanying notes. A hospital that has a fiscal year different from the calendar year shall file its financial statement within one hundred eighty days of the end of its fiscal year or at a later date approved by the director of job and family services. The financial statement shall be prepared by an independent certified public accountant and reflect an official audit report prepared in a manner consistent with generally accepted accounting principles. The financial statement shall, to the extent that the hospital has sufficient financial records, show bad debt and charity care separately from courtesy care and contractual allowances.
(B) Except as provided in division (C) of this section, each hospital, within one hundred eighty days after the end of the hospital's cost reporting period, shall submit to the department a cost report in a format prescribed in rules adopted by the director of job and family services under section 5112.03 of the Revised Code. The department shall grant a hospital an extension of the one hundred eighty day period if the health care financing administration of the United States department of health and human services extends the date by which the hospital must submit its cost report for the hospital's cost reporting period.
(C) The director of job and family services may adopt rules under section 5112.03 of the Revised Code specifying financial information that must be submitted by hospitals for which no financial statement or cost report is available. The rules shall specify deadlines for submitting the information. Each such hospital shall submit the information specified in the rules not later than the deadline specified in the rules.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
5112.05
[Repealed Effective 10/16/2013] Assessment is impermissible health care-related tax.
The requirements of sections 5112.06 to 5112.09 of the Revised Code apply only as long as the United States health care financing administration determines that the assessment imposed under section 5112.06 of the Revised Code is a permissible health care-related tax pursuant to section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended. Whenever the department of job and family services is informed that the assessment is an impermissible health care-related tax, the department shall promptly refund to each hospital the amount of money currently in the hospital care assurance program fund created by section 5112.18 of the Revised Code that has been paid by the hospital under section 5112.06 or 5112.07 of the Revised Code, plus any investment earnings on that amount.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
5112.06
[Repealed Effective 10/16/2013] Annual assessment.
(A) For the purpose of distributing funds to hospitals under the medical assistance program pursuant to sections 5112.01 to 5112.21 of the Revised Code and depositing funds into the legislative budget services fund under section 5112.19 of the Revised Code and into the health care services administration fund created under section 5111.94 of the Revised Code, there is hereby imposed an assessment on all hospitals. Each hospital's assessment shall be based on total facility costs. All hospitals shall be assessed according to the rate or rates established each program year by the department of job and family services in rules adopted under section 5112.03 of the Revised Code. The department shall assess all hospitals uniformly and in a manner consistent with federal statutes and regulations. During any program year, the department shall not assess any hospital more than two per cent of the hospital's total facility costs.
The department shall establish an assessment rate or rates each program year that will do both of the following:
(1) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce a program of sufficient size to pay a substantial portion of the indigent care provided by hospitals;
(2) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce amounts for distribution to disproportionate share hospitals that do not exceed, in the aggregate, the limits prescribed by the United States health care financing administration under subsection (f) of section 1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r - 4(f), as amended.
(B)
(1) Except as provided in division (B)(3) of this section, each hospital shall pay its assessment in periodic installments in accordance with a schedule established by the director of job and family services in rules adopted under section 5112.03 of the Revised Code.
(2) The installments shall be equal in amount, unless either of the following applies:
(a) The department makes adjustments during a program year under division (D) of section 5112.09 of the Revised Code in the total amount of hospitals' assessments;
(b) The director of job and family services determines that adjustments in the amounts of installments are necessary for the administration of sections 5112.01 to 5112.21 of the Revised Code and that unequal installments will not create cash flow difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of the Revised Code establishing alternate schedules for hospitals to pay assessments under this section in order to reduce hospitals' cash flow difficulties.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 06-05-2002
(A) The department of job and family services may require governmental hospitals to make intergovernmental transfers each program year for the purpose of distributing funds to hospitals under the medical assistance program pursuant to sections 5112.01 to 5112.21 of the Revised Code and depositing funds into the legislative budget services fund under section 5112.19 of the Revised Code and into the health care services administration fund created under section 5111.94 of the Revised Code. The department shall not require transfers in an amount that, when combined with hospital assessments paid under section 5112.06 of the Revised Code and federal matching funds, produce amounts for distribution to disproportionate share hospitals that, in the aggregate, exceed limits prescribed by the United States health care financing administration under subsection (f) of section 1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r - 4(f), as amended.
(B) Before or during each program year, the department shall notify each governmental hospital of the amount of the intergovernmental transfer it is required to make during the program year. Each governmental hospital shall make intergovernmental transfers as required by the department under this section in periodic installments, executed by electronic fund transfer, in accordance with a schedule established in rules adopted under section 5112.03 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 06-05-2002
The director of job and family services shall adopt rules under section 5112.03 of the Revised Code establishing a methodology to pay hospitals that is sufficient to expend all money in the indigent care pool. Under the rules:
(A) The department of job and family services may classify similar hospitals into groups and allocate funds for distribution within each group.
(B) The department shall establish a method of allocating funds to hospitals, taking into consideration the relative amount of indigent care provided by each hospital or group of hospitals. The amount to be allocated shall be based on any combination of the following indicators of indigent care that the director considers appropriate:
(1) Total costs, volume, or proportion of services to recipients of the medical assistance program, including recipients enrolled in health insuring corporations;
(2) Total costs, volume, or proportion of services to low-income patients in addition to recipients of the medical assistance program, which may include recipients of Title V of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and recipients of financial assistance provided under Chapter 5115. of the Revised Code;
(3) The amount of uncompensated care provided by the hospital or group of hospitals;
(4) Other factors that the director considers to be appropriate indicators of indigent care.
(C) The department shall distribute funds to each hospital or group of hospitals in a manner that first may provide for an additional distribution to individual hospitals that provide a high proportion of indigent care in relation to the total care provided by the hospital or in relation to other hospitals. The department shall establish a formula to distribute the remainder of the funds. The formula shall be consistent with section 1923 of the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall be based on any combination of the indicators of indigent care listed in division (B) of this section that the director considers appropriate.
(D) The department shall distribute funds to each hospital in installments not later than ten working days after the deadline established in rules for each hospital to pay an installment on its assessment under section 5112.06 of the Revised Code. In the case of a governmental hospital that makes intergovernmental transfers, the department shall pay an installment under this section not later than ten working days after the earlier of that deadline or the deadline established in rules for the governmental hospital to pay an installment on its intergovernmental transfer. If the amount in the hospital care assurance program fund created under section 5112.18 of the Revised Code and the portion of the health care - federal fund created under section 5111.943 of the Revised Code that is credited to that fund pursuant to division (B) of section 5112.18 of the Revised Code are insufficient to make the total distributions for which hospitals are eligible to receive in any period, the department shall reduce the amount of each distribution by the percentage by which the amount and portion are insufficient. The department shall distribute to hospitals any amounts not distributed in the period in which they are due as soon as moneys are available in the funds.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 10/16/2009.
Effective Date: 06-26-2003; 03-30-2006; 07-01-2006
5112.09
[Repealed Effective 10/16/2013] Preliminary determination of assessment.
(A) Before or during each program year, the department of job and family services shall mail to each hospital by certified mail, return receipt requested, the preliminary determination of the amount that the hospital is assessed under section 5112.06 of the Revised Code during the program year. The preliminary determination of a hospital's assessment shall be calculated for a cost-reporting period that is specified in rules adopted under section 5112.03 of the Revised Code.
The department shall consult with hospitals each year when determining the date on which it will mail the preliminary determinations in order to minimize hospitals' cash flow difficulties.
If no hospital submits a request for reconsideration under division (B) of this section, the preliminary determination constitutes the final reconciliation of each hospital's assessment under section 5112.06 of the Revised Code. The final reconciliation is subject to adjustments under division (D) of this section.
(B) Not later than fourteen days after the preliminary determinations are mailed, any hospital may submit to the department a written request to reconsider the preliminary determinations. The request shall be accompanied by written materials setting forth the basis for the reconsideration. If one or more hospitals submit a request, the department shall hold a public hearing not later than thirty days after the preliminary determinations are mailed to reconsider the preliminary determinations. The department shall mail to each hospital a written notice of the date, time, and place of the hearing at least ten days prior to the hearing. On the basis of the evidence submitted to the department or presented at the public hearing, the department shall reconsider and may adjust the preliminary determinations. The result of the reconsideration is the final reconciliation of the hospital's assessment under section 5112.06 of the Revised Code. The final reconciliation is subject to adjustments under division (D) of this section.
(C) The department shall mail to each hospital a written notice of its assessment for the program year under the final reconciliation. A hospital may appeal the final reconciliation of its assessment to the court of common pleas of Franklin county. While a judicial appeal is pending, the hospital shall pay, in accordance with the schedules required by division (B) of section 5112.06 of the Revised Code, any amount of its assessment that is not in dispute into the hospital care assurance program fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may adjust the assessment rate or rates established in rules pursuant to section 5112.06 of the Revised Code or adjust the amounts of intergovernmental transfers required under section 5112.07 of the Revised Code and, as a result of the adjustment, adjust each hospital's assessment and intergovernmental transfer, to reflect refinements made by the United States health care financing administration during that program year to the limits it prescribed under subsection (f) of section 1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r - 4(f), as amended. When adjusted, the assessment rate or rates must comply with division (A) of section 5112.06 of the Revised Code. An adjusted intergovernmental transfer must comply with division (A) of section 5112.07 of the Revised Code. The department shall notify hospitals of adjustments made under this division and adjust for the remainder of the program year the installments paid by hospitals under sections 5112.06 and 5112.07 of the Revised Code in accordance with rules adopted under section 5112.03 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
5112.10
[Repealed Effective 10/16/2013] Program year basis of operation.
The department of job and family services shall operate the hospital care assurance program established by sections 5112.01 to 5112.21 of the Revised Code on a program year basis. The department shall complete all program requirements on or before the thirtieth day of September each year.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
Except for moneys deposited into the legislative budget services fund under section 5112.19 of the Revised Code and the health care services administration fund created under section 5111.94 of the Revised Code, the department of job and family services shall not use money paid to the department under sections 5112.06 and 5112.07 of the Revised Code or money that the department pays to hospitals under section 5112.08 of the Revised Code to replace any funds appropriated by the general assembly for the medical assistance program.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 06-05-2002
5112.12 to 5112.16
[Repealed].
Effective Date: 10-01-1992
(A) As used in this section:
(1) "Federal poverty guideline" means the official poverty guideline as revised annually by the United States secretary of health and human services in accordance with section 673 of the "Community Service Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(2) "Third-party payer" means any private or public entity or program that may be liable by law or contract to make payment to or on behalf of an individual for health care services. "Third-party payer" does not include a hospital.
(B) Each hospital that receives funds distributed under sections 5112.01 to 5112.21 of the Revised Code shall provide, without charge to the individual, basic, medically necessary hospital-level services to individuals who are residents of this state, are not recipients of the medical assistance program, and whose income is at or below the federal poverty guideline. Recipients of disability financial assistance provided under Chapter 5115. of the Revised Code qualify for services under this section. The director of job and family services shall adopt rules under section 5112.03 of the Revised Code specifying the hospital services to be provided under this section.
(C) Nothing in this section shall be construed to prevent a hospital from requiring an individual to apply for eligibility under the medical assistance program before the hospital processes an application under this section. Hospitals may bill any third-party payer for services rendered under this section. Hospitals may bill the medical assistance program, in accordance with Chapter 5111. of the Revised Code and the rules adopted under that chapter, for services rendered under this section if the individual becomes a recipient of the program. Hospitals may bill individuals for services under this section if all of the following apply:
(1) The hospital has an established post-billing procedure for determining the individual's income and canceling the charges if the individual is found to qualify for services under this section.
(2) The initial bill, and at least the first follow-up bill, is accompanied by a written statement that does all of the following:
(a) Explains that individuals with income at or below the federal poverty guideline are eligible for services without charge;
(b) Specifies the federal poverty guideline for individuals and families of various sizes at the time the bill is sent;
(c) Describes the procedure required by division (C)(1) of this section.
(3) The hospital complies with any additional rules the department adopts under section 5112.03 of the Revised Code.
Notwithstanding division (B) of this section, a hospital providing care to an individual under this section is subrogated to the rights of any individual to receive compensation or benefits from any person or governmental entity for the hospital goods and services rendered.
(D) Each hospital shall collect and report to the department, in the form and manner prescribed by the department, information on the number and identity of patients served pursuant to this section.
(E) This section applies beginning May 22, 1992, regardless of whether the department has adopted rules specifying the services to be provided. Nothing in this section alters the scope or limits the obligation of any governmental entity or program, including the program awarding reparations to victims of crime under sections 2743.51 to 2743.72 of the Revised Code and the program for medically handicapped children established under section 3701.023 of the Revised Code, to pay for hospital services in accordance with state or local law.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 10/16/2009.
Effective Date: 06-26-2003
5112.18
[Repealed Effective 10/16/2013] Hospital care assurance program fund.
(A) Except as provided in section 5112.19 of the Revised Code, all payments of assessments by hospitals under section 5112.06 of the Revised Code and all intergovernmental transfers under section 5112.07 of the Revised Code shall be deposited in the state treasury to the credit of the hospital care assurance program fund, hereby created. All investment earnings of the hospital care assurance program fund shall be credited to the fund. The department of job and family services shall maintain records that show the amount of money in the hospital care assurance program fund at any time that has been paid by each hospital and the amount of any investment earnings on that amount. All moneys credited to the hospital care assurance program fund shall be used solely to make payments to hospitals under division (D) of this section and section 5112.08 of the Revised Code.
(B) All federal matching funds received as a result of the department distributing funds from the hospital care assurance program fund to hospitals under section 5112.08 of the Revised Code shall be credited to the health care - federal fund created under section 5111.943 of the Revised Code.
(C) All distributions of funds to hospitals under section 5112.08 of the Revised Code are conditional on:
(1) Expiration of the time for appeals under section 5112.09 of the Revised Code without the filing of an appeal, or on court determinations, in the event of appeals, that the hospital is entitled to the funds;
(2) The sum of the following being sufficient to distribute the funds after the final determination of any appeals:
(a) The available money in the hospital care assurance program fund;
(b) The available portion of the money in the health care - federal fund that is credited to that fund pursuant to division (B) of this section.
(3) The hospital's compliance with section 5112.17 of the Revised Code.
(D) If an audit conducted by the department of the amounts of payments made and funds received by hospitals under sections 5112.06, 5112.07, and 5112.08 of the Revised Code identifies amounts that, due to errors by the department, a hospital should not have been required to pay but did pay, should have been required to pay but did not pay, should not have received but did receive, or should have received but did not receive, the department shall:
(1) Make payments to any hospital that the audit reveals paid amounts it should not have been required to pay or did not receive amounts it should have received;
(2) Take action to recover from a hospital any amounts that the audit reveals it should have been required to pay but did not pay or that it should not have received but did receive.
Payments made under division (D)(1) of this section shall be made from the hospital care assurance program fund. Amounts recovered under division (D)(2) of this section shall be deposited to the credit of that fund. Any hospital may appeal the amount the hospital is to be paid under division (D)(1) or the amount that is to be recovered from the hospital under division (D)(2) of this section to the court of common pleas of Franklin county.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000; 07-01-2006
5112.19
[Repealed Effective 10/16/2013] Legislative budget services fund.
From the first installment of assessments paid under section 5112.06 of the Revised Code and intergovernmental transfers made under section 5112.07 of the Revised Code during each program year beginning in an odd-numbered calendar year, the department of job and family services shall deposit into the state treasury to the credit of the legislative budget services fund, which is hereby created, a total amount equal to the amount by which the biennial appropriation from that fund exceeds the amount of unexpended, unencumbered moneys in that fund. All investment earnings of the legislative budget services fund shall be credited to that fund. Money in the legislative budget services fund shall be used solely to pay the expenses of the legislative budget office of the legislative service commission.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
Related Legislative Provision: See 129th General AssemblyFile No.28,HB 153, §690.10.
Effective Date: 07-01-1997
5112.21
[Repealed Effective 10/16/2013] Confidentiality.
Except as specifically required by sections 5112.01 to 5112.19 of the Revised Code, information filed under those sections shall not include any patient-identifying material. Information that includes patient-identifying material is not a public record under section 149.43 of the Revised Code, and no patient-identifying material shall be released publicly by the department of job and family services or by any person under contract with the department who has access to such information.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 07-01-2000
5112.30
Definitions for sections 5112.30 to 5112.39.
As used in sections 5112.30 to 5112.39 of the Revised Code:
(A) "Franchise permit fee rate" means the following:
(1)
For fiscal year 2012, seventeen dollars and ninety-nine cents;
(2) For fiscal year 2013 and each fiscal year thereafter, eighteen dollars and thirty-two cents.
(B) "Indirect guarantee percentage" means the percentage specified in section 1903(w)(4)(C)(ii) of the "Social Security Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as amended, that is to be used in determining whether a class of providers is indirectly held harmless for any portion of the costs of a broad-based health-care-related tax. If the indirect guarantee percentage changes during a fiscal year, the indirect guarantee percentage is the following:
(1) For the part of the fiscal year before the change takes effect, the percentage in effect before the change;
(2) For the part of the fiscal year beginning with the date the indirect guarantee percentage changes, the new percentage.
(C) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code, except that, until August 1, 2009, it does not include any such facility operated by the department of developmental disabilities.
(D) "Medicaid" has the same meaning as in section 5111.01 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Amended by 128th General Assemblych.9,SB 79, §1, eff. 10/6/2009.
Effective Date: 06-30-1995; 06-30-2005
5112.31
Annual franchise permit fee.
The department of job and family services shall do all of the following:
(A) Subject to section 5112.331 of the Revised Code and divisions (B) and (C) of this section and for the purposes specified in section 5112.371 of the Revised Code, assess for each fiscal year each intermediate care facility for the mentally retarded a franchise permit fee equal to the franchise permit fee rate multiplied by the product of the following:
(1) The number of beds certified under Title XIX of the "Social Security Act" on the first day of May of the calendar year in which the assessment is determined pursuant to division (A) of section 5112.33 of the Revised Code;
(2) The number of days in the fiscal year.
(B) If the total amount of the franchise permit fee assessed under division (A) of this section for a fiscal year exceeds the indirect guarantee percentage of the actual net patient revenue for all intermediate care facilities for the mentally retarded for that fiscal year and seventy-five per cent or more of the total number of intermediate care facilities for the mentally retarded receive enhanced medicaid payments or other state payments equal to seventy-five per cent or more of their total franchise permit fee assessments, do both of the following:
(1) Recalculate the assessments under division (A) of this section using a per bed per day rate equal to the indirect guarantee percentage of actual net patient revenue for all intermediate care facilities for the mentally retarded for that fiscal year;
(2) Refund the difference between the amount of the franchise permit fee assessed for that fiscal year under division (A) of this section and the amount recalculated under division (B)(1) of this section as a credit against the assessments imposed under division (A) of this section for the subsequent fiscal year.
(C) If the United States secretary of health and human services determines that the franchise permit fee established by sections 5112.30 to 5112.39 of the Revised Code would be an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 105 Stat. 1793 (1991), 42 U.S.C. 1396b(w), as amended, take all necessary actions to cease implementation of those sections in accordance with rules adopted under section 5112.39 of the Revised Code.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Effective Date: 07-01-2003; 07-01-2005; 06-30-2006; 2008 HB562 07-01-2008
Effective Date: 2008 HB562
06-24-2008
5112.32
Reporting number of beds in each facility.
For the purpose of the franchise permit fee imposed under section 5112.31 of the Revised Code, the department of developmental disabilities shall:
(A) Not later than August 1, 1993, report to the department of job and family services the number of beds in each intermediate care facility for the mentally retarded certified on July 1, 1993, under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;
(B) Not later than June 1, 1994, and the first day of each June thereafter, report to the department of job and family services the number of beds in each such facility certified on the preceding first day of May under that title.
Amended by 128th General Assemblych.9,SB 79, §1, eff. 10/6/2009.
Effective Date: 07-01-2000
5112.33
Determination, notice and payment of annual franchise permit fee.
(A) Not later than the fifteenth day of August of each year, the department of job and family services shall determine the annual franchise permit fee for each intermediate care facility for the mentally retarded in accordance with section 5112.31 of the Revised Code.
(B) Not later than the first day of September of each year, the department shall mail to each intermediate care facility for the mentally retarded notice of the amount of the franchise permit fee the facility has been assessed under section 5112.31 of the Revised Code.
(C) Subject to section 5112.331 of the Revised Code, each intermediate care facility for the mentally retarded shall pay its fee under section 5112.31 of the Revised Code to the department in quarterly installment payments not later than forty-five days after the last day of each September, December, March, and June.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Effective Date: 07-01-2000
(A) If, during the period beginning on the first day of May of a calendar year and ending on the first day of January of the immediately following calendar year, the operator of an intermediate care facility for the mentally retarded converts, pursuant to section 5111.874 of the Revised Code, one or more of the facility's beds to providing home and community-based services, the department of job and family services shall do the following:
(1) If the facility's medicaid certification is terminated because of the conversion, terminate the facility's franchise permit fee effective on the first day of the quarter immediately following the quarter in which the department receives the notice of the conversion from the director of health;
(2) If the facility's certified capacity under medicaid is reduced because of the conversion, redetermine the facility's franchise permit fee in accordance with division (B) of this section for the second half of the fiscal year for which the fee is assessed.
(B)
(1) To redetermine an intermediate care facility for the mentally retarded's franchise permit fee, the department shall multiply the franchise permit fee rate by the product of the following:
(a) The number of the facility's beds that remain certified under Title XIX of the "Social Security Act" as of the date the conversion takes effect;
(b) The number of days in the second half of the fiscal year for which the redetermination is made.
(2) The intermediate care facility for the mentally retarded shall pay its franchise permit fee as redetermined under division (B)(1) of this section in installment payments not later than forty-five days after the last day of March and June of the fiscal year for which the redetermination is made.
Added by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
5112.34
Assessing penalty for overdue installment.
If an intermediate care facility for the mentally retarded fails to pay the full amount of an installment when due, the department of job and family services may assess a five per cent penalty on the amount due for each month or fraction thereof the installment is overdue.
Effective Date: 07-01-2000
5112.341
Additional sanctions for overdue installment.
(A) In addition to assessing a penalty pursuant to section 5112.34 of the Revised Code, the department of job and family services may do any of the following if an intermediate care facility for the mentally retarded fails to pay the full amount of a franchise permit fee installment when due:
(1) Withhold an amount less than or equal to the installment and penalty assessed under section 5112.34 of the Revised Code from a medicaid payment due the facility until the facility pays the installment and penalty;
(2) Offset an amount less than or equal to the installment and penalty assessed under section 5112.34 of the Revised Code from a medicaid payment due the facility ;
(3) Terminate the facility's medicaid provider agreement.
(B) The department may offset a medicaid payment under division (A) of this section without providing notice to the intermediate care facility for the mentally retarded and without conducting an adjudication under Chapter 119. of the Revised Code.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Effective Date: 06-30-2005; 2007 HB119 06-30-2007
(A) An intermediate care facility for the mentally retarded may appeal the franchise permit fee imposed under section 5112.31 of the Revised Code solely on the grounds that the department of job and family services committed a material error in determining the amount of the fee. A request for an appeal must be received by the department not later than fifteen days after the date the department mails the notice of the fee and must include written materials setting forth the basis for the appeal.
(B) If an intermediate care facility for the mentally retarded submits a request for an appeal within the time required under division (A) of this section, the department shall hold a public hearing in Columbus not later than thirty days after the date the department receives the request for an appeal. The department shall, not later than ten days before the date of the hearing, mail a notice of the date, time, and place of the hearing to the facility. The department may hear all requested appeals in one public hearing.
(C) On the basis of the evidence presented at the hearing or any other evidence submitted by the intermediate care facility for the mentally retarded, the department may adjust a fee. The department's decision is final.
Effective Date: 07-01-2000
5112.37
Home and community-based services for mentally retarded and developmentally disabled fund.
There is hereby created in the state treasury the home and community-based services for the mentally retarded and developmentally disabled fund. All installment payments and penalties paid by an intermediate care facility for the mentally retarded under sections 5112.33 and 5112.34 of the Revised Code shall be deposited into the fund. As soon as possible after the end of each quarter, the director of job and family services shall certify to the director of budget and management the amount of money that is in the fund as of the last day of that quarter. On receipt of a certification, the director of budget and management shall transfer the amount so certified from the home and community-based services for the mentally retarded and developmentally disabled fund to the department of developmental disabilities operating and services fund created under section 5112.371 of the Revised Code.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Amended by 128th General Assemblych.9,SB 79, §1, eff. 10/6/2009.
Effective Date: 07-01-2000; 2008 HB562 07-01-2008
5112.371
Department of developmental disabilities operating and services fund.
There is hereby created in the state treasury the department of developmental disabilities operating and services fund. The fund shall consist of the money transferred to it under section 5112.37 of the Revised Code. The money in the fund shall be used for the expenses of the programs that the department of developmental disabilities administers and the department's administrative expenses.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9,HB 1, §105.01, eff. 7/17/2009.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Amended by 128th General Assemblych.9,SB 79, §1, eff. 10/6/2009.
Effective Date: 2008 HB562 07-01-2008
5112.38
Investigation - enforcement.
The department of job and family services may make any investigation it considers appropriate to obtain information necessary to fulfill its duties under sections 5112.30 to 5112.39 of the Revised Code. At the request of the department, the attorney general shall aid in any such investigations. The attorney general shall institute and prosecute all necessary actions for the enforcement of sections 5112.30 to 5112.39 of the Revised Code, except that at the request of the attorney general, the county prosecutor of the county in which an intermediate care facility for the mentally retarded that has failed to comply with those sections is located shall institute and prosecute any necessary action against the facility.
Effective Date: 07-01-2000
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following:
(A) Prescribe the actions the department will take to cease implementation of sections 5112.30 to 5112.39 of the Revised Code if the United States secretary of health and human services determines that the franchise permit fee imposed under section 5112.31 of the Revised Code is an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 105 Stat. 1793 ( 1991), 42 U.S.C. 1396b(w), as amended;
(B)
Establish any other requirements or procedures the director considers necessary to implement sections 5112.30 to 5112.39 of the Revised Code.
Amended by 129th General AssemblyFile No.127,HB 487, §101.01, eff. 9/10/2012.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 7/1/2011.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Effective Date: 07-01-2000
5112.40
[Repealed Effective 10/1/2013] Definitions.
As used in sections 5112.40 to 5112.48 of the Revised Code:
(A) "Applicable assessment percentage" means the percentage specified in rules adopted under section 5112.46 of the Revised Code that is used in calculating a hospital's assessment under section 5112.41 of the Revised Code.
(B) "Assessment program year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year.
(C) "Cost reporting period" means the period of time used by a hospital in reporting costs for purposes of the medicare program.
(D) "Federal fiscal year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year.
(E)
(1) Except as provided in division (E)(2) of this section, "hospital" means a hospital to which any of the following applies:
(a) The hospital is registered under section 3701.07 of the Revised Code as a general medical and surgical hospital or a pediatric general hospital and provides inpatient hospital services, as defined in 42 C.F.R. 440.10.
(b) The hospital is recognized under the medicare program as a cancer hospital and is exempt from the medicare prospective payment system.
(c) The hospital is a psychiatric hospital licensed under section 5119.20 of the Revised Code.
(2) "Hospital" does not include either of the following:
(a) A federal hospital;
(b) A hospital that does not charge any of its patients for its services.
(F) "Hospital care assurance program" means the program established under sections 5112.01 to 5112.21 of the Revised Code.
(G) "Medicaid" has the same meaning as in section 5111.01 of the Revised Code.
(H) "Medicare" means the program established under Title XVIII of the Social Security Act.
(I) "State fiscal year" means the twelve-month period beginning the first day of July of a calendar year and ending the last day of June of the following calendar year.
(J) (1) Except as provided in divisions (J)(2) and (3) of this section, "total facility costs" means the total costs to a hospital for all care provided to all patients, including the direct, indirect, and overhead costs to the hospital of all services, supplies, equipment, and capital related to the care of patients, regardless of whether patients are enrolled in a health insuring corporation.
(2) "Total facility costs" excludes all of the following of a hospital's costs as shown on the cost-reporting data used for purposes of determining the hospital's assessment under section 5112.41 of the Revised Code:
(a) Skilled nursing services provided in distinct-part nursing facility units;
(b) Home health services;
(c) Hospice services;
(d) Ambulance services;
(e) Renting durable medical equipment;
(f) Selling durable medical equipment.
(3) "Total facility costs" excludes any costs excluded from a hospital's total facility costs pursuant to rules, if any, adopted under division (B)(1) of section 5112.46 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 10/1/2011.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Effective Date: 06-30-1995
5112.41
[Repealed Effective 10/1/2013] Additional annual assessment.
(A) For the purposes specified in section 5112.45 of the Revised Code and subject to section 5112.48 of the Revised Code, there is hereby imposed an assessment on all hospitals each assessment program year. The amount of a hospital's assessment for an assessment program year shall equal the applicable assessment percentage of the hospital's total facility costs for the period of time specified in division (B) of this section. The amount of a hospital's total facility costs shall be derived from cost-reporting data for the hospital submitted to the department of job and family services for purposes of the hospital care assurance program. If a hospital has not submitted that cost-reporting data to the department, the amount of a hospital's total facility costs shall be derived from other financial statements that the hospital shall provide to the department as directed by the department. The cost-reporting data or financial statements used to determine a hospital's assessment is subject to the same type of adjustments made to the cost-reporting data under the hospital care assurance program.
(B)
The period of time specified in this division is the hospital's cost reporting period that ends in the state fiscal year that ends in the federal fiscal year that precedes the federal fiscal year that precedes the assessment program year for which the assessment is imposed.
(C) The assessment imposed by this section on a hospital is in addition to the assessment imposed by section 5112.06 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 10/1/2011.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.42
[Repealed Effective 10/1/2013] Preliminary determination of assessment amount.
(A) Before or during each assessment program year, the department of job and family services shall mail to each hospital by certified mail, return receipt requested, the preliminary determination of the amount that the hospital is assessed under section 5112.41 of the Revised Code for the assessment program year. Except as provided in division (B) of this section, the preliminary determination becomes the final determination for the assessment program year fifteen days after the preliminary determination is mailed to the hospital.
(B) A hospital may request that the department reconsider the preliminary determination mailed to the hospital under division (A) of this section by submitting to the department a written request for a reconsideration not later than fourteen days after the hospital's preliminary determination is mailed to the hospital. The request must be accompanied by written materials setting forth the basis for the reconsideration. On receipt of the timely request, the department shall reconsider the preliminary determination and may adjust the preliminary determination on the basis of the written materials accompanying the request. The result of the reconsideration is the final determination of the hospital's assessment under section 5112.41 of the Revised Code for the assessment program year.
(C) The department shall mail to each hospital a written notice of the final determination of its assessment for the assessment program year. A hospital may appeal the final determination to the court of common pleas of Franklin county. While a judicial appeal is pending, the hospital shall pay, in accordance with section 5112.43 of the Revised Code, any amount of its assessment that is not in dispute.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.43
[Repealed Effective 10/1/2013] Assessment payment schedule.
Unless rules adopted under section 5112.46 of the Revised Code establish a different payment schedule, each hospital shall pay the amount it is assessed under section 5112.41 of the Revised Code in accordance with the following payment schedule:
(A) Twenty-eight per cent of a hospital's assessment is due on the last business day of October of each assessment program year.
(B) Thirty-one per cent of a hospital's assessment is due on the last business day of February of each assessment program year.
(C) Forty-one per cent of a hospital's assessment is due on the last business day of May of each assessment program year.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.44
[Repealed Effective 10/1/2013] Audit.
The department of job and family services may audit a hospital to ensure that the hospital properly pays the amount it is assessed under section 5112.41 of the Revised Code. The department shall take action to recover from a hospital any amount the audit reveals that the hospital should have paid but did not pay.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.45
[Repealed Effective 10/1/2013] Hospital assessment fund.
There is hereby created in the state treasury the hospital assessment fund. All installment payments made by hospitals under section 5112.43 of the Revised Code and all recoveries the department of job and family services makes under section 5112.44 of the Revised Code shall be deposited into the fund. All investment earnings of the fund shall be credited to the fund. The department shall use money in the fund to pay for the costs of the medicaid program, including the program's administrative costs.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.46
[Repealed Effective 10/1/2013] Excluded costs.
(A) The director of job and family services shall adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 5112.40 to 5112.48 of the Revised Code, including rules that specify the percentage of hospitals' total facility costs to be used in calculating hospitals' assessments under section 5112.41 of the Revised Code.
(B) The rules adopted under this section may do the following:
(1) Provide that a hospital's total facility costs for the purpose of the assessment under section 5112.41 of the Revised Code exclude any of the following:
(a) A hospital's costs associated with providing care to recipients of any of the following:
(i) The medicaid program;
(ii) The medicare program;
(iii) The disability financial assistance program established under Chapter 5115. of the Revised Code;
(iv) The program for medically handicapped children established under section 3701.023 of the Revised Code;
(v) Services provided under the maternal and child health services block grant established under Title V of the Social Security Act.
(b) Any other category of hospital costs the director deems appropriate under federal law and regulations governing the medicaid program.
(2) Subject to division (C) of this section, provide for the percentage of hospitals' total facility costs used in calculating hospitals' assessments to vary for different hospitals;
(3) To reduce hospitals' cash flow difficulties, establish a schedule for hospitals to pay their assessments that is different from the schedule established under section 5112.43 of the Revised Code.
(C) Before adopting rules authorized by division (B)(2) of this section that establish varied percentages to be used in calculating hospitals' assessments, the director shall obtain a waiver from the United States secretary of health and human services under section 1903(w)(3)(E) of the "Social Security Act," 105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if the varied percentages would cause the assessments to not be imposed uniformly.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 10/1/2011.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
The director of job and family services shall implement the assessment imposed by section 5112.41 of the Revised Code in a manner that does not cause a reduction in federal financial participation for the medicaid program under 42 U.S.C. 1396b(w).
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
If the United States secretary of health and human services determines that the assessment imposed by section 5112.41 of the Revised Code is an impermissible health care-related tax under 42 U.S.C. 1396b(w), the director of job and family services shall take all necessary actions to cease implementation of sections 5112.40 to 5112.47 of the Revised Code and shall promptly refund to each hospital the amount of money in the hospital assessment fund at the time the refund is to be made that the hospital paid under section 5112.43 of the Revised Code, plus any corresponding investment earnings on that amount.
Amended by 129th General AssemblyFile No.28,HB 153, §620.10, eff. 6/30/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §125.10, eff. 10/1/2013.
Added by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
5112.99
[Repealed Effective 10/16/2013] Penalty.
(A) The director of job and family services shall impose a penalty for each day that a hospital fails to report the information required under section 5112.04 of the Revised Code on or before the dates specified in that section. The amount of the penalty shall be established by the director in rules adopted under section 5112.03 of the Revised Code.
(B) In addition to any other remedy available to the department of job and family services under law to collect unpaid assessments and transfers under sections 5112.01 to 5112.21 of the Revised Code, the director shall impose a penalty of ten per cent of the amount due on any hospital that fails to pay assessments or make intergovernmental transfers by the dates required by rules adopted under section 5112.03 of the Revised Code.
(C) In addition to any other remedy available to the department of job and family services under law to collect unpaid assessments imposed under section 5112.41 of the Revised Code, the director shall impose a penalty of ten per cent of the amount due on any hospital that fails to pay the assessment by the date it is due.
(D) The director shall waive the penalties provided for in this section for good cause shown by the hospital.
(E) All penalties imposed under this section shall be deposited into the health care administration fund created by section 5111.94 of the Revised Code.
Amended by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 6/30/2011.
Amended by 129th General AssemblyFile No.28,HB 153, §690.10, eff. 9/29/2011.
Repealed by 128th General AssemblyFile No.9,HB 1, §640.10, eff. 10/16/2013.
Effective Date: 09-26-2003
5112.991
Offsetting unpaid penalty.
The department of job and family services may offset the amount of a hospital's unpaid penalty imposed under section 5112.99 of the Revised Code from one or more payments due the hospital under the medicaid program. The total amount that may be offset from one or more payments shall not exceed the amount of the unpaid penalty.
Added by 129th General AssemblyFile No.28,HB 153, §101.01, eff. 6/30/2011.