Ohio Administrative Code Search
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Rule 5160-3-06 | Criteria for the protective level of care.
...(A) The criteria for the protective level of care is met when: (1) The individual's needs for long-term services and supports (LTSS) are less than the criteria for the intermediate or skilled levels of care, as described in paragraphs (A)(4), (B), and (C) of rule 5160-3-08 of the Administrative Code. (2) The individual's LTSS needs are less than the criteria for the developmental disabilities le... |
Rule 5160-3-06 | Criteria for the protective level of care.
...(A) This rule describes the criteria for an individual to meet the protective level of care. (B) The criteria for the protective level of care is met when: (1) The individual's needs for long-term services and supports (LTSS), as defined in rule 5101:3-3-05 of the Administrative Code, are less than the criteria for the intermediate or skilled levels of care, as described in paragraphs (B)(4), (C), and (D)(4) of ru... |
Rule 5160-3-06.1 | Institutions for mental diseases (IMDs).
...(A) The purpose of this rule is to set forth the process by which the Ohio department of medicaid (ODM) shall identify nursing facilities (NFs) that are at risk of becoming IMDs, the preventive measures to be taken by ODM when such facilities have been identified, and the course of action to be taken if a NF is identified as an IMD. Medicaid payment is not available for services provided to individuals in an IMD wh... |
Rule 5160-3-08 | Criteria for nursing facility-based level of care.
...(A) This rule describes the criteria for an individual to meet the nursing facility (NF)-based level of care. The NF-based level of care includes the intermediate and skilled levels of care. An individual is determined to meet the NF-based level of care when the individual meets the criteria as described in paragraphs (B) to (D) of this rule. (B) The criteria for the intermediate level of care is met when: (1) The... |
Rule 5160-3-08 | Criteria for nursing facility-based level of care.
...(A) The criteria for the intermediate level of care is met when: (1) The individual's needs for long-term services and supports (LTSS) exceed the criteria for the protective level of care, as described in paragraph (A)(3) of rule 5160-3-06 of the Administrative Code; (2) The individual's LTSS needs are less than the criteria for the skilled level of care, as described in paragraph (C) of th... |
Rule 5160-3-14 | Process and timeframes for a level of care determination for nursing facility-based level of care programs.
...(A) This rule describes the processes and timeframes for a level of care determination, as defined in rule 5160-3-05 of the Administrative Code, for a nursing facility (NF)-based level of care program, as defined in rule 5160-3-05 of the Administrative Code. (1) The processes described in this rule will not be used for a determination for an ICF-IID-based level of care, as defined in rule 5160-3... |
Rule 5160-3-14 | Process and timeframes for a level of care determination for nursing facility-based level of care programs.
...(A) Level of care determination process, generally: (1) A level of care determination may occur in-person, by a desk review, or by telephone and is one component of medicaid eligibility to receive medicaid payment for services provided in a nursing facility (NF) or through a NF-based home and community-based services (HCBS) waiver or other NF-based level of care program. (2) An individual who is... |
Rule 5160-3-15 | Preadmission screening and resident review (PASRR) definitions.
...(A) The purpose of this rule is to set forth the definitions for terms contained in rules 5160-3-15.1, 5160-3-15.2, 5122-21-03 and 5123-14-01 of the Administrative Code. (B) Definitions: (1) "Adverse determination" means a determination made in accordance with rules 5160-3-15.1, 5160-3-15.2, 5122-21-03 and 5123-14-01 of the Administrative Code, that an individual does not require the level of se... |
Rule 5160-3-15.1 | Preadmission screening requirements for individuals seeking admission to nursing facilities.
...(A) The purpose of this rule is to set forth the level I and level II preadmission screening requirements pursuant to section 1919(e)(7) of the Social Security Act, as in effect July 1, 2019, to ensure that individuals seeking admission, as defined in rule 5160-3-15 of the Administrative Code, to a medicaid-certified nursing facility (NF) who have serious mental illness (SMI) and/or a developmenta... |
Rule 5160-3-15.2 | Resident review requirements for individuals residing in nursing facilities.
...(A) The purpose of this rule is to set forth resident review requirements in compliance with section 1919(e)(7) of the Social Security Act, as in effect on July 1, 2019, which prohibits nursing facilities (NF) from retaining individuals with serious mental illness (SMI) as defined in rule 5160-3-15 of the Administrative Code and/or developmental disabilities (DD) as defined in rule 5160-3-15 of th... |
Rule 5160-3-16.3 | Nursing facilities (NFs): private rooms.
...(A) A NF may provide private room accommodations, if available, as follows: (1) For a medicaid eligible resident if the resident requires a private room due to medical necessity such as the need for infection control or for therapeutic purposes; or (2) Semi-private or ward accommodations are not available; or (3) In accordance with sections 5165.01 and 5165.158 of the Revised Code. (B) Rei... |
Rule 5160-3-16.4 | Nursing facilities (NFs): covered days and bed-hold days.
...(A) Definitions. (1) "Home and community-based services" (HCBS) means services that enable individuals to live in a community setting rather than in an institutional setting such as a NF, an intermediate care facility for individuals with intellectual disabilities (ICF-IID), or a hospital. (2) "Hospitalization" means transfer of a NF resident to a medical institution as defined in paragraph (A)(4) of this rule. A N... |
Rule 5160-3-18 | Nursing facilities (NFs): ventilator program.
...(A) Purpose. In accordance with section 5165.157 of the Revised Code, this rule establishes an alternative purchasing model for the provision of nursing facility (NF) services to ventilator dependent individuals which may include ventilator weaning. (B) Definitions. For purposes of this rule the following definitions apply: (1) "Discrete unit" means an area in a NF that is set aside from the l... |
Rule 5160-3-19 | Nursing facilities (NFs): relationship of NF services to other covered medicaid services.
...This rule identifies covered services generally available to medicaid recipients and describes the relationship of such services to those provided by a NF. Whenever reference is made to payment for services through the NF per diem, the rules governing such payment are set forth in Chapter 5160-3 of the Administrative Code. (A) Acupuncture services. All covered acupuncture services provided by an eligibl... |
Rule 5160-3-20 | Nursing facilities (NFs) : medicaid cost report filing, disclosure requirements, and records retention.
...In addition to the provisions contained in sections 5165.10 to 5165.109 of the Revised Code, the following provisions apply. (A) For reporting purposes NFs shall use the chart of accounts for NFs as set forth in rule 5160-3-42 of the Administrative Code, or relate its chart of accounts directly to the cost report. (B) Unless an extension is granted by the Ohio department of medicaid (ODM), NF cost... |
Rule 5160-3-30.1 | Nursing facilities (NFs) and hospital long term care units: appeal of the franchise permit fee (FPF) determination or re-determination.
...(A) When submitting an appeal of a FPF determination or re-determination for a nursing home or hospital long term care unit in accordance with section 5168.53 of the Revised Code, a facility operator shall follow these procedures: (1) The appeal shall be in writing and must be received by the Ohio department of medicaid (ODM) not later than fifteen days after the date on which the FPF assessment notice was mailed. ... |
Rule 5160-3-30.4 | Nursing facilities (NFs), nursing homes (NHs), and long term care hospital beds: procedure for terminating the franchise permit fee (FPF).
...(A) Definitions. "Effective FPF termination date" (EFTD) means the date on which the centers for medicare and medicaid services (CMS) determines that the FPF does not qualify for federal financial participation. (B) Determination of the FPF as an impermissible health care related tax. If CMS determines that the FPF is an impermissible health care related tax, the Ohio department of medicaid (OD... |
Rule 5160-3-32 | Nursing facilities (NFs): debt estimation methodology.
...(A) The Ohio department of medicaid (ODM) shall use the debt estimation methodology set forth in this rule to estimate the exiting operator's actual and potential debts to ODM and the United States centers for medicare and medicaid services (CMS) under the medicaid program in cases of a change of operator, facility closure, voluntary termination, involuntary termination, or voluntary withdrawal. ... |
Rule 5160-3-32 | Nursing facilities (NFs): debt estimation methodology.
...(A) The Ohio department of medicaid (ODM) uses the debt estimation methodology set forth in this rule to estimate the exiting operator's actual and potential debts to ODM and the United States centers for medicare and medicaid services (CMS) under the medicaid program in cases of a change of operator, facility closure, voluntary termination, involuntary termination, or voluntary withdrawal. (B) O... |
Rule 5160-3-32.1 | Nursing facilities (NFs): debt estimate and debt summary report procedure.
...(A) Debt estimate. For the purposes of division (C) of section 5165.52 of the Revised Code, the debt estimate for change of operator, facility closure, voluntary termination, involuntary termination, or voluntary withdrawal is considered provided by the Ohio department of medicaid (ODM) on the date of mailing, date of personal service, or date of publication. (B) Initial debt summary report. (1... |
Rule 5160-3-39 | Payment and adjustment process for nursing facilities (NFs) and intermediate care facilities for the mentally retarded (ICFs-MR).
...(A) Forms. For dates of services preceding July 1, 2005, NFs shall submit the form "Nursing Facility Payment and Adjustment Authorization" (JFS 09400, rev. 10/2012) directly to the Ohio department of job and family services (ODJFS) for the reimbursement of services. The county department of job and family services (CDJFS) and NFs shall use the "Facility/CDJFS Transmittal" (JFS 09401, rev. 4/2011) form to exchange i... |
Rule 5160-3-39.1 | Nursing facilities (NFs): claim submission.
...(A) Requirements for submitting claims for services not included in the NF per diem rate. Notwithstanding the requirements set forth in paragraph (A)(2) of rule 5160-1-19 of the Administrative Code, NF providers shall submit medicare crossover claims and claims for medicaid reimbursement for allowable services that are not included in the NF per diem rate in accordance with the requirements set forth in rule 5160-1-... |
Rule 5160-3-39.1 | Nursing facilities (NFs): claim submission.
...(A) Nursing facilities shall submit claims in accordance with rule 5160-1-19 of the Administrative Code. Additional requirements specific to the submission of long-term care per diem claims are in paragraphs (B) to (E) of this rule. (B) Additional requirements to be met prior to submitting claims for services included in the per diem. (1) Individual is a medicaid recipient for the dates of servi... |
Rule 5160-3-42 | Nursing facilities (NFs): chart of
accounts.
...(A) The Ohio department of medicaid (ODM) requires that all facilities file cost reports annually to comply with section 5165.10 of the Revised Code. (1) The chart of accounts in table 1 to table 8 of appendix A to this rule is to establish the minimum level of detail to allow for cost report preparation. (2) If the chart of accounts in appendix A to this rule is not used by the provider, it ... |
Rule 5160-3-42.3 | Nursing facilities (NFs): capital asset and depreciation guidelines.
...(A) Depreciation on buildings, components, and equipment used in the provision of patient care that are not reimbursable by medicaid directly to the medical equipment supplier may be paid for through the NF per diem rate. (B) For purposes of determining if an expenditure should be capitalized, NF providers are to refer to the centers for medicare and medicaid services (CMS) publication 15-1, Chap... |