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Section 5168.76 | Franchise fee on health insuring corporation plans.

...168.84 of the Revised Code, a franchise fee is hereby imposed each month beginning with July 2017 on each health insuring corporation plan. The franchise fee shall have a component based on Ohio medicaid member months and another component based on other Ohio member months. (B) The department of medicaid shall determine the amount of  the monthly franchise fee to be imposed on a health insuring  corporation plan un...

Section 5168.77 | Component due dates.

...The component of the monthly franchise fee based on Ohio medicaid member months is due not later than the fifth business day of the month immediately following the month for which it is imposed. The component of the monthly franchise fee based on other Ohio member months is due not later than the last day of September of the calendar year in which the rate year ends, and the total amount due under that component for ...

Section 5168.78 | Documentation.

...s to verify the amount of the franchise fees imposed on the health insuring corporation plans administered by the corporation and to ensure the corporation's compliance with sections 5168.75 to 5168.86 of the Revised Code. On receipt of the request, the health insuring corporation shall provide the department the requested documentation. The department also may review relevant documentation possessed by other entitie...

Section 5168.79 | Determination of higher fee.

...termines that the amount of a franchise fee that a health insuring corporation paid is less than the amount it should have paid, the department shall notify the health insuring corporation. Except as otherwise provided by the results of a reconsideration conducted under section 5168.80 of the Revised Code, the health insuring corporation shall pay the amount due.

Section 5168.80 | Request for reconsideration.

...A health insuring corporation may request a reconsideration of a determination made by the department of medicaid under section 5168.79 of the Revised Code. A reconsideration may be requested solely on the grounds that the department made a material error in making the determination. A request for a reconsideration must be received by the department not later than fifteen days after the date the department notifies t...

Section 5168.81 | Penalty for overdue payments.

...ll amount of a component of a franchise fee when due, the department of medicaid may assess a ten per cent penalty on the amount due for each month or fraction thereof that the component of the franchise fee is overdue.

Section 5168.82 | Waiver required.

...The franchise fee shall not be imposed on any health insuring corporation plan unless there is in effect a waiver authorizing the franchise fee issued by the United States secretary of health and human services pursuant to section 1903(w)(3)(E) of the "Social Security Act," 42 U.S.C. 1396b(w)(3)(E).

Section 5168.83 | Refunds.

...If the total amount of franchise fees imposed on all health insuring corporation plans under section 5168.76 of the Revised Code during a fiscal year exceeds the indirect guarantee percentage of the net patient revenue for all health insuring corporations for that fiscal year and seventy-five per cent or more of all health insuring corporations receive enhanced medicaid payments or other state payments equal to seven...

Section 5168.84 | Modification or cessation.

... services determines that the franchise fee is an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), the department of medicaid shall do either of the following as appropriate: (A) Modify the imposition of the franchise fee, including (if necessary) the amount of the franchise fee, in a manner needed for the United States centers to reverse its determination...

Section 5168.85 | Health insuring corporation franchise fee fund.

...e health insuring corporation franchise fee fund. All payments and penalties paid by health insuring corporations under sections 5168.77, 5168.79, and 5168.81 of the Revised Code shall be deposited into the fund. money in the fund shall be used to make medicaid payments to medicaid providers and medicaid managed care organizations. (B) Any interest or other investment proceeds earned on money in the fund shall be cr...

Section 5168.86 | Implementation.

...The medicaid director may adopt rules in accordance with Chapter 119. as necessary to implement sections 5168.75 to 5168.86 of the Revised Code.

Section 5168.90 | Quarterly report to LSC.

...ssion both of the following: (1) The fee rates and the aggregate total of the fees assessed for each of the following: (a) The hospital assessment established under section 5168.21 of the Revised Code; (b) The nursing home and hospital long-term care unit franchise permit fee under section 5168.41 of the Revised Code; (c) The ICF/IID franchise permit fee under section 5168.61 of the Revised Code; (d) T...

Section 5168.99 | Penalties.

...(A) The medicaid director shall impose a penalty for each day that a hospital fails to report the information required under section 5168.05 of the Revised Code on or before the dates specified in that section. The amount of the penalty shall be established by the director in rules adopted under section 5168.02 of the Revised Code. (B) In addition to any other remedy available to the department of medicaid under law...

Section 5168.991 | Offsetting unpaid penalty.

...The department of medicaid may offset the amount of a hospital's unpaid penalty imposed under section 5168.99 of the Revised Code from one or more payments due the hospital under the medicaid program. The total amount that may be offset from one or more payments shall not exceed the amount of the unpaid penalty.

Section 903.01 | Concentrated animal feeding facility definitions.

...hat raise aquatic animals. (B) "Animal feeding facility" means a lot, building, or structure where both of the following conditions are met: (1) Agricultural animals have been, are, or will be stabled or confined and fed or maintained there for a total of forty-five days or more in any twelve-month period. (2) Crops, vegetative forage growth, or post-harvest residues are not sustained in the normal growing season ...

Section 903.02 | Program for issuance of permits to install [see Section 3 of H.B. 363 of the 128th General Assembly].

...or construct a new concentrated animal feeding facility without first obtaining a permit to install issued by the director under this section. (B) The director or the director's authorized representative may help an applicant for a permit to install during the permitting process by providing guidance and technical assistance. (C) An applicant for a permit to install shall submit an application to the director ...

Section 903.03 | Program for issuance of permits to operate [see Section 3 of H.B. 363 of the 128th General Assembly].

.... (2) Except for a concentrated animal feeding facility that is operating under an installation permit, on and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall own or operate a concentrated animal feeding facility without a permit to operate issued by the director under this section. (B) The director or the director's authorized represent...

Section 903.05 | Application for a permit to install or permit to operate [see Section 3 of H.B. 363 of the 128th General Assembly].

...permit to operate a concentrated animal feeding facility that is submitted by an applicant who has not owned or operated a concentrated animal feeding facility in this state for at least two of the five years immediately preceding the submission of the application shall be accompanied by all of the following: (1) A listing of all animal feeding facilities that the applicant or any person identified by the applicant...

Section 903.06 | Insect and rodent control plan [see Section 3 of H.B. 363 of the 128th General Assembly].

...er or operator of a concentrated animal feeding facility shall prepare and submit to the director of agriculture in accordance with rules an insect and rodent control plan designed to minimize the presence and negative effects of insects and rodents at the concentrated animal feeding facility and in surrounding areas, including land on which manure is stored or applied. The plan shall conform to best management...

Section 903.07 | Livestock manager certification [see Section 3 of H.B. 363 of the 128th General Assembly].

...f manure at a major concentrated animal feeding facility, including the land application of manure or the removal of manure from a manure storage or treatment facility, shall be conducted only by or under the supervision of a person holding a livestock manager certification issued under this section. A person managing or handling manure who is acting under the instructions and control of a person holding a livestock ...

Section 903.08 | Participating in national pollutant discharge elimination system.

...handling of storm water from an animal feeding facility or of pollutants from concentrated animal feeding operations is transferred from the director of environmental protection to the director of agriculture. Thereafter, the director of environmental protection shall have no authority to enforce the terms and conditions of those NPDES permits. After the transfer of authority under division (A)(2) of this sect...

Section 903.081 | Permits not to be granted.

...ncludes retirement benefits, consultant fees, and stock dividends. "Income" does not include mutual fund payments or other diversified investments for which the recipient does not know the identity of the primary sources of the income. (3) "Permittee" and "applicant for a NPDES permit" does not include any department or agency of the state.

Section 903.082 | Determination of size of concentrated animal feeding facility by director.

...griculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply: (1) The director has specified a corrective action to be taken under section 939.07 of the Revised Code. (2) The director or the director's authorized representative has inspected the animal feeding fa...

Section 903.09 | Issuance of draft permits.

...county in which the concentrated animal feeding facility or discharger is located or proposed to be located. The director shall mail notice of the issuance of a draft permit and a copy of the draft permit to the board of county commissioners of the county and the board of township trustees of the township in which the concentrated animal feeding facility or discharger is located or proposed to be located. The directo...

Section 903.10 | Administrative rules for permits to install and permits to operate [see Section 3 of H.B. 363 of the 128th General Assembly].

...a modification of a concentrated animal feeding facility; (2) A description of what constitutes a major operational change at a concentrated animal feeding facility; (3) The amount of the fee that must be submitted with each permit application and each application for a permit modification; (4) Information that must be included in the designs and plans required to be submitted with an application for a permit to i...