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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 5165.36 | Rebasing.

...Beginning with state fiscal year 2024, the department of medicaid shall conduct a rebasing at least once every five state fiscal years. When the department conducts the rebasing for a state fiscal year, it shall conduct the rebasing for only the direct care and tax cost centers.

Section 5165.37 | Calculating rates and making payments.

...of medicaid shall make its best efforts each year to calculate nursing facilities' medicaid payment rates under this chapter in time to pay the rates by the fifteenth day of August of each state fiscal year. If the department is unable to calculate the rates so that they can be paid by that date, the department shall pay each provider the rate calculated for the provider's nursing facilities under this chapter at the...

Section 5165.38 | Reconsideration of rate.

... is entitled, the department shall increase the rate. If the department has paid the incorrect rate for a period of time, the department shall pay the provider the difference between the amount the provider was paid for that period for the nursing facility and the amount the provider should have been paid for the nursing facility.

Section 5165.40 | Adjustment of rates.

...If a nursing facility provider properly amends a cost report for the nursing facility under section 5165.107 of the Revised Code and the amended report shows that the provider received a lower medicaid payment rate under the original cost report than the provider was entitled to receive, the department of medicaid shall adjust the provider's rate for the nursing facility prospectively to reflect the corrected i...

Section 5165.41 | Redetermination of rates.

...ulted from costs reported for calendar year 1993, the interest shall be no greater than one and one-half times the current average bank prime rate. (2) If the overpayment resulted from costs reported for a subsequent calendar year: (a) The interest shall be no greater than two times the current average bank prime rate if the overpayment was no more than one per cent of the total medicaid payments to the provider fo...

Section 5165.42 | Additional penalties.

...e request, a fine of no more than the greater of the following: (1) One thousand dollars per audit; (2) Twenty-five per cent of the cumulative amount by which the costs for which documentation was not furnished increased the total medicaid payments to the provider during the state fiscal year for which the costs were used to determine a rate. (B) If an exiting operator or owner fails to provide notice of a facilit...

Section 5165.43 | Determination of interest rate.

...e bank prime rate using statistical release H.15, "selected interest rates," a weekly publication of the federal reserve board, or any successor publication. If statistical release H.15, or its successor, ceases to contain the bank prime rate information or ceases to be published, the department shall request a written statement of the average bank prime rate from the federal reserve bank of Cleveland or the f...

Section 5165.44 | Deductions.

...(A) Except as provided in division (B) of this section, the department of medicaid shall deduct the following from the next available medicaid payment the department makes to a nursing facility provider who continues to participate in medicaid: (1) Any amount the provider is required to refund, and any interest charged, under section 5165.41 of the Revised Code; (2) The amount of any penalty imposed on the pr...

Section 5165.45 | Deposits to general revenue fund.

...nt of medicaid shall transmit to the treasurer of state for deposit in the general revenue fund amounts collected from the following: (A) Refunds required by, and interest charged under, section 5165.41 of the Revised Code; (B) Amounts collected from penalties imposed under section 5165.42 of the Revised Code.

Section 5165.46 | Administrative adjudication.

...All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code: (A) Any audit disallowance that the department of medicaid makes as the result of an audit under section 5165.109 of the Revised Code; (B) Any adverse finding that results from an exception review of resident assessment data conducted for a nursing facility under section 5165.193 of the Revised ...

Section 5165.47 | Claim for medicaid payment for service provided to nursing facility resident.

...bmit a claim for medicaid payment for a service provided to a nursing facility resident if the service is included in a medicaid payment made to the nursing facility provider under this chapter or in the allowable expenses reported on a provider's cost report for a nursing facility. No nursing facility provider shall submit a separate claim for medicaid payment for a service provided to a resident of the nursin...

Section 5165.48 | Nursing facility not required to submit Medicaid claim for Medicare cost-sharing expenses under certain circumstances.

...The provider of a nursing facility is not required to submit a claim to the department of medicaid regarding the medicare cost-sharing expenses of a resident of the nursing facility who, under federal law, is eligible to have the medicaid program pay for a part of the cost-sharing expenses if the provider determines that, under rules adopted under section 5165.02 of the Revised Code, the nursing facility would ...

Section 5165.49 | Post-payment reviews of nursing facility Medicaid claims.

...The department of medicaid may conduct a post-payment review of a claim submitted by a nursing facility provider and paid by the medicaid program to determine whether the provider was overpaid. The department shall provide the provider a written summary of the review's results. The review's results are not subject to an adjudication under Chapter 119. of the Revised Code; however, the provider may request that ...

Section 5165.50 | Notice of facility closure or withdrawal of participation.

...An exiting operator or owner of a nursing facility participating in the medicaid program shall provide the department of medicaid written notice of a facility closure or voluntary withdrawal of participation not less than ninety days before the effective date of the facility closure or voluntary withdrawal of participation. The written notice shall be provided to the department in accordance with the method spe...

Section 5165.501 | Compliance with Social Security Act required.

...An operator shall comply with the "Social Security Act," section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility undergoes a voluntary withdrawal of participation.

Section 5165.51 | Notice of change of operator.

...s section in an emergency, such as the death of the operator. The written notice shall include all of the following: (1) The name of the exiting operator and, if any, the exiting operator's authorized agent; (2) The name of the nursing facility that is the subject of the change of operator; (3) The exiting operator's seven-digit medicaid legacy number and ten-digit national provider identifier number for the...

Section 5165.511 | Agreements with entering operators effective on date of change of operator.

...ued under division (B) of section 3721.026 of the Revised Code. (C) The department receives both of the following in accordance with the method specified in rules authorized by section 5165.53 of the Revised Code and not later than ten days after the effective date of the change of operator: (1) From the entering operator, a completed application for a provider agreement and all other forms and documents specifie...

Section 5165.512 | Agreements with entering operators effective on a later date.

...e. (2) The effective date shall be not earlier than the latest of the following: (a) The effective date of the change of operator; (b) The date that the entering operator complies with section 5165.51 of the Revised Code and division (A)(2) of this section; (c) The date that the exiting operator or owner complies with section 5165.51 of the Revised Code and division (A)(3) of this section. (3) The effective ...

Section 5165.513 | Entering operator duties under provider agreement.

...an of correction; (b) Compliance with health and safety standards; (c) Compliance with the ownership and financial interest disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3; (d) Compliance with the civil rights requirements of 45 C.F.R. parts 80, 84, and 90; (e) Compliance with additional requirements imposed by the department; (f) Any sanctions relating to remedies for violation of the provider...

Section 5165.514 | Exiting operator deemed operator pending change.

...In the case of a change of operator, the exiting operator shall be considered to be the operator of the nursing facility for purposes of the medicaid program, including medicaid payments, until the effective date of the entering operator's provider agreement if the provider agreement is entered into under section 5165.511 or 5165.512 of the Revised Code.

Section 5165.515 | Provider agreement with operator not complying with prior agreement.

...der agreement unless the department of health certifies the nursing facility for participation in medicaid. The effective date of the provider agreement shall not precede any of the following: (A) The date that the department of health certifies the nursing facility; (B) The effective date of the change of operator; (C) The date the requirement of section 5165.51 of the Revised Code is satisfied.

Section 5165.516 | Medicaid reimbursement adjustments; change of operator.

...The medicaid director may adopt rules under section 5165.02 of the Revised Code governing adjustments to the medicaid payment rate for a nursing facility that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agreement is entered int...

Section 5165.517 | Determination of change of operator for purposes of licensure not controlling.

...The department of health's determination that a change of operator has or has not occurred for purposes of licensure under Chapter 3721. of the Revised Code shall not affect the department of medicaid's determination of whether or when a change of operator occurs or the effective date of an entering operator's provider agreement under section 5165.511, section 5165.512, or, pursuant to section 5165.515, section...

Section 5165.518 | Nursing facility operator identity.

...(A) Each nursing facility shall ensure that the identity of the operator that holds the license to operate the facility issued under section 3721.02 of the Revised Code and the operator that holds the medicaid provider agreement for the facility issued under section 5165.07 of the Revised Code is the same person and is consistently identified for both purposes. (B) A nursing facility that has a difference in the id...

Section 5165.52 | Overpayment amounts determined following notice of closure, etc.

...fiscal audit for the last state fiscal year or portion thereof in which the exiting operator participated in the medicaid program; (4) Other amounts the department determines are applicable. (C) The department shall provide the exiting operator written notice of the department's estimate under division (A) of this section not later than thirty days after whichever of the following applies: the department receiv...