Ohio Revised Code Search
| Section |
|---|
|
Section 5163.06 | Optional eligibility groups.
...The medicaid program shall cover all of the following optional eligibility groups: (A) The group consisting of children placed with adoptive parents who are specified in section 1902(a)(10)(A)(ii)(VIII) of the "Social Security Act," 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII); (B) Subject to section 5163.061 of the Revised Code, the group consisting of women during pregnancy and the maximum postpartum period permitted ... |
|
Section 5163.061 | Income eligibility threshold for pregnant women.
...The income eligibility threshold is two hundred per cent of the federal poverty line for women during pregnancy and the postpartum period beginning on the last day of the pregnancy who are covered by the medicaid program under division (B) of section 5163.06 of the Revised Code. |
|
Section 5163.063 | Medicaid coverage of employed individuals with a disability.
...The medicaid director shall adopt rules under section 5163.02 of the Revised Code as necessary to provide medicaid coverage for the optional eligibility group described in section 1902(a)(10)(A)(ii)(XIII) of the "Social Security Act," 42 U.S.C. 1396a(a)(10)(A)(ii)(XIII). By requiring the medicaid program to provide coverage to the optional eligibility group consisting of employed individuals with disabilities unde... |
|
Section 5163.07 | Income eligibility threshold for parents and caretaker relatives.
...The medicaid director shall implement the option authorized by the "Social Security Act," section 1931(b)(2)(C), 42 U.S.C. 1396u-1(b)(2)(C), to set the income eligibility threshold at ninety per cent of the federal poverty line for parents and caretaker relatives who are covered by the medicaid program under that section of the "Social Security Act." |
|
Section 5163.09 | Medicaid buy-in for workers with disabilities program.
...(A) As used in sections 5163.09 to 5163.098 of the Revised Code: "Applicant" means an individual who applies to participate in the medicaid buy-in for workers with disabilities program. "Earned income" has the meaning established by rules authorized by section 5163.098 of the Revised Code. "Employed individual with a medically improved disability" has the same meaning as in the "Social Security Act," section ... |
|
Section 5163.091 | Qualifications for program.
...Under the medicaid buy-in for workers with disabilities program, an individual who does both of the following in accordance with rules authorized by section 5163.098 of the Revised Code qualifies for the medicaid program: (A) Applies for the medicaid buy-in for workers with disabilities program; (B) Provides satisfactory evidence of all of the following: (1) That the individual is at least sixteen years of age... |
|
Section 5163.092 | Resource eligibility limit - annual adjustment.
...(A) Except as provided in division (B) of this section, the maximum value of resources, less amounts disregarded pursuant to rules authorized by section 5163.098 of the Revised Code, that an individual may have without the individual exceeding the resource eligibility limit for the medicaid buy-in for workers with disabilities program shall not exceed ten thousand dollars. (B) Each calendar year, the medicaid... |
|
Section 5163.093 | Individual income eligibility limit.
...For the purpose of determining whether an individual is within the income eligibility limit for the medicaid buy-in for workers with disabilities program, all of the following apply: (A) Twenty thousand dollars of the individual's earned income shall be disregarded. (B) No amount that the individual's employer pays to obtain health insurance for one or more members of the individual's family shall be treated as ... |
|
Section 5163.094 | Amount of annual individual premium.
...An individual shall not be required to pay a premium as a condition of qualifying for the medicaid buy-in for workers with disabilities program. |
|
Section 5163.095 | Eligibility not denied due to services received under home and community-based services medicaid waiver component.
...No individual shall be denied eligibility for the medicaid buy-in for workers with disabilities program on the basis that the individual receives services under a home and community-based services medicaid waiver component. |
|
Section 5163.096 | Continued participation where employment ceases.
...An individual participating in the medicaid buy-in for workers with disabilities program may continue to participate in the program for up to six months even though the individual ceases to have earnings from employment or to be an employed individual with a medically improved disability due to ceasing to be employed if the individual continues to meet all other eligibility requirements for the program. |
|
Section 5163.097 | Director to make federally required changes.
...If the United States secretary of health and human services requires that a provision of the medicaid buy-in for workers with disabilities program be changed or removed in order for the secretary to approve the program or to avoid an extended delay in the secretary's approval, the medicaid director shall make the change or removal. The change or removal may cause the medicaid buy-in for workers with disabilitie... |
|
Section 5163.098 | Program implementing rules; disregarded income.
...(A) The medicaid director shall adopt rules under section 5163.02 of the Revised Code as necessary to implement the medicaid buy-in for workers with disabilities program. The rules shall do all of the following: (1) Specify assets, asset values, and amounts to be disregarded in determining asset and income eligibility limits for the program; (2) Establish meanings for the terms "earned income," "health insurance... |
|
Section 5163.10 | Implementation of the presumptive eligibility for pregnant women option.
...(A) As used in this section: ( 1) "Presumptive eligibility for pregnant women option" means the option available under section 1920 of the "Social Security Act," 42 U.S.C. 1396r-1, to make ambulatory prenatal care available to pregnant women under the medicaid program during presumptive eligibility periods. ( 2) "Qualified provider" has the same meaning as in section 1920(b)(2) of the "Social Security Act," 42 U.... |
|
Section 5163.101 | Implementation of the presumptive eligibility for children option.
...(A) As used in this section: (1) "Children's hospital" has the same meaning as in section 2151.86 of the Revised Code. (2) "Federally qualified health center" has the same meaning as in section 1905(l)(2)(B) of the "Social Security Act," 42 U.S.C. 1396d(l)(2)(B). (3) "Federally qualified health center look-alike" has the same meaning as in section 3701.047 of the Revised Code. (4) "Presumptive eligibility for... |
|
Section 5163.103 | Presumptive eligibility error rate training.
...(A) As used in this section: (1) "Presumptive eligibility error rate" means the rate at which a qualified entity or qualified provider deems an individual presumptively eligible for medicaid under sections 5163.10 to 5163.102 of the Revised Code when the individual is ineligible for the medicaid program. (2) "Qualified entity" has the same meaning as in section 5163.101 of the Revised Code. (3) "Qualified pr... |
|
Section 5163.104 | Presumptive eligibility error rate reports.
...As used in this section, "presumptive eligibility error rate" has the same meaning as in section 5163.103 of the Revised Code. Quarterly, the department of medicaid shall report to the general assembly the presumptive eligibility error rate for presumptive eligibility determinations made during the previous quarter. Reports made under this section shall be submitted to the general assembly in accordance with sectio... |
|
Section 5163.11 | Medicaid expansion eligibility group redetermination.
...To the extent permissible under federal law, the department of medicaid shall redetermine the eligibility of members of the expansion eligibility group for medicaid benefits every six months. |
|
Section 5163.20 | Beneficiary of disability trust.
...If a medicaid recipient is the beneficiary of a trust created pursuant to section 5815.28 of the Revised Code, then, notwithstanding any contrary provision of this chapter or of a rule adopted under section 5163.02 of the Revised Code, divisions (C) and (D) of that section shall apply in determining the assets or resources of the recipient, the recipient's estate, the settlor, or the settlor's estate and to cla... |
|
Section 5163.21 | Eligibility determinations for cases involving medicaid programs.
...d supplant or replace medicaid or other public assistance; (b) A provision that prohibits the trustee from making payments that would impact or have an effect on the applicant's or recipient's right, ability, or opportunity to receive medicaid or other public assistance; (c) A provision that attempts to prevent the trust or its corpus or principal from being a resource available to the applicant or recipient. (... |
|
Section 5163.22 | Life insurance policies.
...(A) The general assembly hereby finds that the state has an insurable interest in medicaid recipients because of the state's statutory right to recover from the estate of a recipient state funds used to provide the recipient with medicaid services. (B) As used in this section: (1) "Beneficiary" means the person or entity designated in a life insurance policy to receive the proceeds of the policy on the death... |
|
Section 5163.30 | Disposal of assets under market value after look-back date.
...(A) As used in this section: (1) "Assets" include all of an individual's income and resources and those of the individual's spouse, including any income or resources the individual or spouse is entitled to but does not receive because of action by any of the following: (a) The individual or spouse; (b) A person or government entity, including a court or administrative agency, with legal authority to act in plac... |
|
Section 5163.31 | Real property not homestead after 13-month institutional residence.
...(A) Except as provided by division (A) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/IID services, or other medicaid-funded long-term care services, the medicaid director may consider an aged, blind, or disabled individual's real property to not be the individual's homestead or principal place of residence once th... |
|
Section 5163.32 | Equity interest in home exceeds $500,000.
...(A) Except as otherwise provided by this section, no individual shall qualify for nursing facility services or other medicaid-funded long-term care services if the individual's equity interest in the individual's home exceeds five hundred thousand dollars. The medicaid director shall increase this amount effective January 1, 2011, and the first day of each year thereafter, by the percentage increase in the cons... |
|
Section 5163.33 | Deducting personal needs allowance from recipient's income.
...(A) In determining the amount of income that a medicaid recipient must apply monthly toward payment of the cost of care in a nursing facility or ICF/IID, a county department of job and family services shall deduct from the recipient's monthly income a monthly personal needs allowance in accordance with the "Social Security Act," section 1902(q), 42 U.S.C. 1396a(q). (B) In the case of a resident of a nursing facility... |
|
Section 145.32 | Age and service retirement.
...Eligibility of members of the public employees retirement system, including for members described in section 145.196 of the Revised Code and other than those subject to section 145.332 of the Revised Code, for age and service retirement shall be determined under this section. (A) A member is eligible for age and service retirement under this division if, not later than five years after January 7, 2013, the member ... |
|
Section 145.323 | Cost of living increase.
...otherwise provided in this section, the public employees retirement board shall annually increase each allowance, pension, or benefit payable under this chapter. Until the last day of December of the fifth full calendar year after the effective date of this amendment, the increase shall be three per cent. For each succeeding calendar year, the increase shall be as follows: (1) For each allowance, pension, or be... |
|
Section 145.33 | Allowance upon age and service retirement.
...(A)(1) Except as provided in sections 145.332 and 145.335 of the Revised Code, when a member retires on age and service retirement, the member's total annual single lifetime allowance shall be an amount adjusted in accordance with division (A)(2) or (B) of this section and determined by multiplying the member's total service credit by the following: (a) If the member is eligible for age and service retirement unde... |
|
Section 145.331 | Disability allowance recipient applying for service retirement.
...(A) A recipient of a disability allowance under section 145.361 of the Revised Code who is subject to division (C)(3) of that section may make application for age and service retirement under this section. Retirement shall be effective on the first day of the first month following the last day for which the disability allowance is paid. (B) The annual allowance payable under this section shall consist of the sum o... |
|
Section 145.333 | Contribution based benefit cap.
...benefit cap, a limit established by the public employees retirement board on the retirement allowance a member may receive. (B) Based on the advice of an actuary appointed by the board, the board shall designate a number as the CBBC factor. The board may revise the factor pursuant to advice from an actuary appointed by the board. (C) Prior to paying a retirement allowance, the public employees retirement system... |
|
Section 145.334 | Election as PERS law enforcement officer or public safety officer.
... a PERS law enforcement officer or PERS public safety officer by giving notice to the public employees retirement system on a form provided by the public employees retirement board. To be valid, the notice must be received by the retirement system not later than ninety days after the effective date of this section . The election, once made, causes the member to be considered a PERS law enforcement officer or PERS pub... |
|
Section 145.335 | Age and service retirement for former combined plan members.
... section applies only to members of the public employees retirement system participating in the PERS combined plan, as defined in section 145.196 of the Revised Code, that was consolidated by the system with the PERS defined benefit plan under that section. (B)(1) When a member described in section 145.196 of the Revised Code retires on age and service retirement, the total annual single lifetime allowance for tha... |
|
Section 145.35 | Providing disability coverage for on-duty illness or injury.
...ian" means a physician appointed by the public employees retirement board to conduct a medical examination of a disability benefit applicant or recipient. (2) "Medical consultant" means a physician appointed by the board to review a member's application for a disability benefit or an appeal of a denial or termination of a benefit. (3) "On-duty illness or injury" means an illness or injury that occurred during o... |
|
Section 145.351 | Annual report disability retirement experience of each employer.
...each first day of March thereafter, the public employees retirement board shall make and submit a report for the preceding fiscal year of the disability retirement experience of each employer. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied, and the percentage of disability benefi... |
|
Section 145.36 | Benefits upon disability retirement.
...plicable age, and is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall be retired on disability under this section. The applicable age is sixty if the member is described in division (A) or (B) of section 145.32 or division (A), (B), or (E)(1), (3), or (4) of section 145.332 of the Revised Code. It is sixty-two if the member ... |
|
Section 145.361 | Annual amount of disability allowance.
...r this section who is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall receive a disability allowance under this section. The allowance shall be an annual amount equal to the greater of the following: (1) Forty-five per cent of the member's final average salary; (2) The member's total service credit multiplied by two and two-t... |
|
Section 145.362 | Disability benefit recipient to retain membership status.
... disability benefit was received by the public employees retirement system before January 7, 2013, shall, regardless of when the disability occurred, retain membership status and shall be considered on leave of absence from employment during the first five years following the effective date of a disability benefit, notwithstanding any contrary provisions in this chapter. A disability benefit recipient whose applicat... |
|
Section 145.363 | Social security disability insurance benefits.
...ion for such benefit is received by the public employees retirement system on or after January 7, 2013, shall, regardless of when the disability occurred, apply for social security disability insurance benefit payments under 42 U.S.C. 423 if the recipient meets the requirements of divisions (a)(1)(A),(B), and (C) of that section. The application for a social security disability insurance benefit shall be made before ... |
|
Section 145.37 | Coordinating and integrating membership in state retirement systems.
...(1) "State retirement system" means the public employees retirement system, school employees retirement system, or state teachers retirement system. (2) "Total service credit" means all service credit earned in the state retirement systems, except credit for service subject to section 145.38 of the Revised Code. Total service credit shall not exceed one year of credit for any twelve-month period. (3) In addition to... |
|
Section 145.381 | Re-employing retirant.
...or most recently has been employed by a public employer in a position that is customarily filled by a vote of members of a board or commission or by the legislative authority of a county, municipal corporation, or township. (B) A board, commission, or legislative authority that proposes to continue the employment as a reemployed retirant or rehire as a reemployed retirant to the same position an individual described... |
|
Section 145.382 | Employment of certain retirants notwithstanding restrictions.
...d service retirement allowance from the public employees retirement system, and hereafter referred to as a retirant, may be employed, notwithstanding sections 145.38 and 145.46 of the Revised Code, if his later employment has been in a position described in any of the following categories: (1) A position authorized by section 101.31, 121.03, or 121.04 of the Revised Code; (2) A position to which appointment is made... |
|
Section 145.383 | Continuing contributions to state system after retirement.
...s a position for which a member of the public employees retirement system is making contributions to the system. (3) "Other state retirement system" means the state teachers retirement system or the school employees retirement system. (4) "State retirement system" means the public employees retirement system, state teachers retirement system, or the school employees retirement system. (B)(1) A member of the p... |
|
Section 145.384 | Retirant may apply for monthly annuity or lump sum payment.
...d Code may file an application with the public employees retirement system to receive either a benefit, as provided in division (B)(2) of this section, or payment of the retirant's contributions made under those sections, as provided in division (H) of this section. (2) A benefit under this section shall consist of an annuity having a reserve equal to the amount of the retirant's accumulated contributions for the pe... |
|
Section 145.385 | Reemployed retirant electing to resume retirement allowance.
...llowance resume by giving notice to the public employees retirement system. The notice must be given not later than ninety days after October 1, 2002. (B) The retirement allowance shall resume on the first day of the month following receipt of notice by the retirement system. (C) The annuity portion of the retirement allowance that has accumulated to the retirant's credit shall be paid as a single payment on the f... |
|
Section 145.39 | Increasing pension, benefit, or allowance when limits of 26 USC 415 are raised.
...S.C.A. 415, as amended, are raised, the public employees retirement board shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 145.323, 145.33, 145.331, 145.332, 145.335, 145.36, or 145.361 or former section 145.34 of the Revised Code was limited by the application of section 415. The amount of the increased pension, benefit, or allow... |
|
Section 145.391 | Establishing and maintaining qualified governmental excess benefit arrangement.
...The public employees retirement board may establish and maintain a qualified governmental excess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the public employees retirement system and be maintained... |
|
Section 145.40 | Payment to member who ceases to be a public employee.
... become exempt from contribution to the public employees retirement system pursuant to section 145.03 of the Revised Code or ceases to be a public employee for any cause other than death, retirement, receipt of a disability benefit, or current employment in a position in which the member has elected to participate in an alternative retirement plan under section 3305.05 or 3305.051 of the Revised Code, upon applicatio... |
|
Section 145.401 | Making additional payment upon death of member or withdrawal of contributions.
...east five years of service credit, the public employees retirement board shall include the amount specified in rules adopted by the board in the amount payable under section 145.40 of the Revised Code to the member, or under division (B) of section 145.43 of the Revised Code to a beneficiary or beneficiaries of the member, unless at the time of death the member was a disability benefit recipient. The amount sp... |
|
Section 145.402 | Payments to members who are members of another state retirement system.
...ection, on application, a member of the public employees retirement system who is also a member of one or both of the other retirement systems and has ceased to be a public employee for the purposes of this chapter may be paid, in accordance with section 145.40 of the Revised Code, the member's accumulated contributions to the public employees retirement system, plus any applicable amount calculated under section 145... |
|
Section 145.41 | Termination of membership - leave of absence.
...irement or who otherwise ceases to be a public employee for any reason other than death or retirement may leave the member's accumulated contributions on deposit with the public employees retirement board and, for the purposes of the public employees retirement system, be considered on a membership leave of absence. The member's membership rights shall continue until the member has withdrawn the member's accumulated ... |