Ohio Revised Code Search
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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.
...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.
...g through sale, lease, merger, or other action; (7) If the manner in which the entering operator becomes the nursing facility's operator involves more than one step, a description of each step; (8) Written authorization from the exiting operator or owner and entering operator for the department to process a provider agreement for the entering operator; (9) The names and addresses of the persons to whom the depa... |
Section 5165.511 | Agreements with entering operators effective on date of change of operator.
...The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met: (A) The department receives a properly completed written notice required by section 5165.51 of the Revised Code on or before the date required by that section. (B) The department receives from the... |
Section 5165.512 | Agreements with entering operators effective on a later date.
...(A) The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the date determined under division (B) of this section if all of the following are the case: (1) The department receives a properly completed written notice required by section 5165.51 of the Revised Code. (2) The department receives, from the entering operator and in accordance ... |
Section 5165.513 | Entering operator duties under provider agreement.
...es, notification for correction of contract violations, and history of deficiencies. (B) Division (A)(3) of this section does not prohibit a nursing facility provider from excluding one or more parts of the nursing facility from the provider agreement pursuant to division (B)(1) of section 5165.08 of the Revised Code. |
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.
...The department of medicaid may enter into a provider agreement as provided in section 5165.07 of the Revised Code, rather than section 5165.511 or 5165.512 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (A)(3) of section 5165.513 of the Revised Code. The department may not enter into the provider agreement unle... |
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.
...e effective date of this section , take action to ensure that the same person is the operator for both purposes and is consistently identified for both purposes. An action taken in accordance with this division shall not be considered a change of operator as defined in section 3721.01 or 5165.01 of the Revised Code. |
Section 5165.52 | Overpayment amounts determined following notice of closure, etc.
...he exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department under the medicaid program, including a franchise permit fee. (B) In estimating the exiting operator's other actual and potential debts to the department under the medicaid program, the department shall use a debt estimation methodology the medicaid director shall establish in rules authorized ... |
Section 5165.521 | Withholding amounts owed from medicaid payments to exiting operator.
...erator assumes liability for the total, actual amount of debt the exiting operator owes the department under the medicaid program as determined under section 5165.525 of the Revised Code, the department shall not make the withholding. (2) If the exiting operator, entering operator, or affiliated operator assumes liability for only the portion of the amount specified in division (B)(1) of this section that represen... |
Section 5165.522 | Cost report by exiting operator; waiver.
...(A) Except as provided in division (B) of this section, an exiting operator shall file with the department of medicaid a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation. The cost report shall cover the period that begins with... |
Section 5165.523 | Failure to file cost report; payments deemed overpayments.
...If an exiting operator required by section 5165.522 of the Revised Code to file a cost report with the department of medicaid fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department may impose on the e... |
Section 5165.524 | Final payment withheld pending receipt of cost reports.
...The department of medicaid may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5165.10 and 5165.522 of the Revised Code. |
Section 5165.525 | Determination of debt of exiting operator; summary report.
...artment of medicaid shall determine the actual amount of debt an exiting operator owes the department under the medicaid program by completing all final fiscal audits not already completed and performing all other appropriate actions the department determines to be necessary. The department shall issue an initial debt summary report on this matter not later than sixty days after the date the exiting operator files th... |
Section 5165.526 | Release of amount withheld less amounts owed.
...epartment of medicaid shall release the actual amount withheld under division (A) of section 5165.521 of the Revised Code, less any amount the exiting operator owes the department under the medicaid program, as follows: (A) Unless the department issues the initial debt summary report required by section 5165.525 of the Revised Code not later than sixty days after the date the exiting operator files the properly co... |
Section 5165.527 | Release of amount withheld on postponement of change of operator.
...thdrawal of participation and the transactions leading to the change of operator, facility closure, or voluntary withdrawal of participation are postponed for at least thirty days but less than ninety days after the date originally proposed for the change of operator, facility closure, or voluntary withdrawal of participation as reported in the written notice required by section 5165.50 or 5165.51 of the Revis... |
Section 5165.528 | Disposition of amounts withheld from payment due an exiting operator.
...(A) All amounts withheld under section 5165.521 of the Revised Code from payment due an exiting operator under the medicaid program shall be deposited into the medicaid payment withholding fund created by the controlling board pursuant to section 131.35 of the Revised Code. Money in the fund shall be used as follows: (1) To pay an exiting operator when a withholding is released to the exiting operator under sectio... |
Section 5165.53 | Adoption of rules regarding change in operators.
...shall comply with the "Social Security Act," section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding restrictions on transfers or discharges of nursing facility residents in the case of a voluntary withdrawal of participation. The rules may prescribe a medicaid payment methodology and other procedures that are applicable after the effective date of a voluntary withdrawal of participation that differ from th... |
Section 5165.60 | Definitions for sections 5165.60 to 5165.89.
... the Revised Code, the "Social Security Act," sections 1819(c) and 1919(c), 42 U.S.C. 1395i-3(c) and 1396r(c), and federal regulations issued under those sections of the "Social Security Act." As used in sections 5165.60 to 5165.89 of the Revised Code: (A) "Certification requirements" means the requirements for nursing facilities established under the "Social Security Act," sections 1819 and 1919, 42 U.S.C. 1... |
Section 5165.61 | Adoption of rules.
...an services under the "Social Security Act," sections 1819 and 1919, 42 U.S.C. 1395i-3 and 1396r, and necessary for administration and enforcement of sections 5165.60 to 5165.89 of the Revised Code. If the secretary does not issue appropriate regulations for enforcement of those sections of the "Social Security Act" on or before December 13, 1990, the medicaid director may adopt, under section 5165.02 of the R... |