Ohio Revised Code Search
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Section 5164.341 | Criminal records check by independent provider.
... the bureau; (b) A civil or criminal action regarding the medicaid program. With respect to an administrative hearing dealing with the denial, suspension, or termination of a provider agreement, the report of a criminal records check may be introduced as evidence at the hearing and if admitted, becomes part of the hearing record. Any such report shall be admitted only under seal and shall maintain its status as... |
Section 5164.342 | Criminal records checks by waiver agencies.
...equest made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following: (1) The applicant or employee who is the subject of the criminal records check or the representative of the applicant or employee; (2) The chief administrator of the waiver agency that requires the applicant or employee to request th... |
Section 5164.35 | Provider offenses.
...pose of this section when the provider, acting with actual knowledge of the representation or information involved, acting in deliberate ignorance of the truth or falsity of the representation or information involved, or acting in reckless disregard of the truth or falsity of the representation or information involved, deceives another or causes another to be deceived by any false or misleading representation, by wit... |
Section 5164.36 | Credible allegation of fraud or disqualifying indictment; suspension of provider agreement.
...t charges the person with committing an act to which both of the following apply: (i) The act would be a felony or misdemeanor under the laws of this state or the jurisdiction within which the act occurred. (ii) The act relates to or results from furnishing or billing for medicaid services under the medicaid program or relates to or results from performing management or administrative services relating to furni... |
Section 5164.37 | Suspension of provider agreement without notice.
...(A) The department of medicaid may suspend a medicaid provider's provider agreement without prior notice if the department has evidence that the provider presents a danger of immediate and serious harm to the health, safety, or welfare of medicaid recipients. The department also shall suspend all medicaid payments to the medicaid provider for services rendered, regardless of the date that the services were rendered, ... |
Section 5164.38 | Adjudication orders of department.
... to either of the following: (1) Any action taken or decision made by the department of medicaid with respect to entering into or refusing to enter into a contract with a managed care organization pursuant to section 5167.10 of the Revised Code; (2) Any action taken by the department under division (D)(2) of section 5124.60, division (D)(1) or (2) of section 5124.61, or sections 5165.60 to 5165.89 of the Revise... |
Section 5164.39 | Hearing not required unless timely requested.
...In any action taken by the department of medicaid under section 5164.38 or 5164.57 of the Revised Code or any other state statute governing the medicaid program that requires the department to give notice of an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, if the department gives notice of the opportunity for a hearing but the medicaid provider or other entity subject to the not... |
Section 5164.44 | Employee status of independent provider.
...gram and is not employed by, under contract with, or affiliated with another entity that provides the services. (3) "Nursing services" means all of the following: (a) Nursing services covered by the medicaid program as part of the home health services benefit pursuant to 42 C.F.R. 440.70(b)(1); (b) Private duty nursing services, as defined in 42 C.F.R. 440.80, covered by the medicaid program; (c) Nursing serv... |
Section 5164.45 | Contracts for examination, processing, and determination of medicaid claims.
...der; (7) Establish and maintain fiscal records for the medicaid program; (8) Perform statistical and research studies; (9) Develop and implement programs for medicaid cost containment; (10) Perform such other duties as are necessary to carry out the medicaid program. (B) The department may contract with any person or persons as an insuring agent for the examination, processing, and determination of medicaid... |
Section 5164.46 | Electronic claims submission process; electronic fund transfers.
...(A) As used in this section, "electronic claims submission process" means any of the following: (1) Electronic interchange of data; (2) Direct entry of data through an internet-based mechanism implemented by the department of medicaid; (3) Any other process for the electronic submission of claims that is specified in rules adopted under section 5162.02 of the Revised Code. (B) Not later than January 1, 2013,... |
Section 5164.47 | Contracting for review and analysis, quality assurance and quality review.
...12 of the Revised Code, be considered a public entity and the director shall seek federal financial participation for costs incurred by OCHSPS in performing the service or services. |
Section 5164.471 | Summary data regarding perinatal services.
...Not less than once each year and in accordance with all state and federal laws governing the confidentiality of patient-identifying information, the department of medicaid shall make summary data regarding perinatal services available on request to local organizations concerned with infant mortality reduction initiatives and recipients of grants administered by the division of family and community health services in... |
Section 5164.48 | Medicaid payments made to organization on behalf of providers.
...The medicaid director may implement a system under which medicaid payments for medicaid services are made to an organization on behalf of medicaid providers. The system may not provide for an organization to receive an amount that exceeds, in aggregate, the amount the medicaid program would have paid directly to medicaid providers if not for this section. |
Section 5164.55 | Final fiscal audits.
...The department of medicaid may conduct final fiscal audits of medicaid providers in accordance with the applicable requirements set forth in federal laws and regulations and determine any amounts the provider may owe the state. When conducting final fiscal audits, the department shall consider generally accepted auditing standards, which include the use of statistical sampling. |
Section 5164.56 | Lien for amount owed by provider.
...Under the medicaid program, any amount determined to be owed the state by a final fiscal audit conducted pursuant to section 5164.55 of the Revised Code, upon the issuance of an adjudication order pursuant to Chapter 119. of the Revised Code that contains a finding that there is a preponderance of the evidence that a medicaid provider will liquidate assets or file bankruptcy in order to prevent payment of the a... |
Section 5164.57 | Recovery of medicaid overpayments.
...(A)(1) Except as provided in division (A)(2) of this section, the department of medicaid may recover a medicaid payment or portion of a payment made to a medicaid provider to which the provider is not entitled if the department notifies the provider of the overpayment during the five-year period immediately following the end of the state fiscal year in which the overpayment was made. (2) In the case of a hospital me... |
Section 5164.58 | Agency action to recover overpayment to provider.
...a state agency that enters into a contract with the department of medicaid under section 5162.35 of the Revised Code identifies that a medicaid overpayment has been made to a medicaid provider, the state agency may commence actions to recover the overpayment on behalf of the department. (B) In recovering an overpayment pursuant to this section, a state agency shall comply with the following procedures: (1) Th... |
Section 5164.59 | Deduction of incorrect payments.
...The department of medicaid may deduct from medicaid payments for medicaid services rendered by a medicaid provider any amounts the provider owes the state as the result of incorrect medicaid payments the department has made to the provider. |
Section 5164.60 | Interest on Medicaid provider excess payments.
...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 federal reserve board. |
Section 5164.61 | Scope of available remedies for recovery of excess payments.
...The authority, under state and federal law, of the department of medicaid or a county department of job and family services to recover excess medicaid payments made to a medicaid provider is not limited by the availability of remedies under sections 5162.21 and 5162.23 of the Revised Code for recovering benefits paid on behalf of medicaid recipients. |
Section 5164.70 | Limitations on medicaid payments for services.
...Except as otherwise required by federal statute or regulation, no medicaid payment for any medicaid service provided by a hospital, nursing facility, or ICF/IID shall exceed the limits established under Subpart C of 42 C.F.R. Part 447. |
Section 5164.71 | Payments for freestanding medical laboratory charges.
...Medicaid payments for freestanding medical laboratory charges shall not exceed the customary and usual fee for laboratory profiles. |
Section 5164.72 | Limitations on payments for inpatient hospital care.
...The number of days of inpatient hospital care for which a medicaid payment is made on behalf of a medicaid recipient to a hospital that is not paid under a diagnostic-related-group prospective payment system shall not exceed thirty days during a period beginning on the day of the recipient's admission to the hospital and ending sixty days after the termination of that hospital stay, except that the department of medi... |
Section 5164.721 | Claims by freestanding birthing centers.
...both of the following: (A) For a long-acting reversible contraceptive device that is covered by medicaid and provided to a medicaid recipient during the period after the recipient gives birth in the hospital or center and before the recipient is discharged from that location ; (B) Separate from another medicaid claim for other inpatient care the hospital or center provides to the medicaid recipient. |
Section 5164.73 | Division of payments between physician or podiatrist and nurse.
...ed nurse-midwife, or certified nurse practitioner for services performed by the nurse shall be determined and agreed on by the nurse and collaborating physician or podiatrist. In no case shall the medicaid payment exceed the medicaid payment that the physician or podiatrist would have received had the physician or podiatrist provided the entire service. |