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Section 5168.13 | Confidentiality.

...s patient-identifying material is not a public record under section 149.43 of the Revised Code, and no patient-identifying material shall be released publicly by the department of medicaid or by any person under contract with the department who has access to such information.

Section 5168.14 | Providing basic, medically necessary hospital-level services to individuals who are residents.

...(A) Each hospital that receives funds distributed under sections 5168.01 to 5168.14 of the Revised Code shall provide, without charge to the individual, basic, medically necessary hospital-level services to individuals who are residents of this state, are not medicaid recipients, and whose income is at or below the federal poverty line. The medicaid director shall adopt rules under section 5168.02 of the Revised Code...

Section 5168.20 | Definitions for R.C. 5168.20 to 5168.28.

...r of the following calendar year. (C) "Cost reporting period" means the period of time used by a hospital in reporting costs for purposes of the medicare program. (D) "Federal fiscal year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year. (E)(1) Except as provided in division (E)(2) of this section, "hospital" me...

Section 5168.21 | Additional annual assessment.

...entage of the hospital's total facility costs for the period of time specified in division (B) of this section. The amount of a hospital's total facility costs shall be derived from cost-reporting data for the hospital submitted to the department of medicaid for purposes of the hospital care assurance program. If a hospital has not submitted that cost-reporting data to the department, the amount of a hospital's total...

Section 5168.22 | Preliminary determination of assessment amount.

...(A) Before or during each assessment program year, the department of medicaid shall issue to each hospital the preliminary determination of the amount that the hospital is assessed under section 5168.21 of the Revised Code for the assessment program year. Except as provided in division (B) of this section, the preliminary determination becomes the final determination for the assessment program year fifteen days after...

Section 5168.23 | Assessment payment schedule.

...Each hospital shall pay the amount it is assessed under section 5168.21 of the Revised Code in accordance with a payment schedule the department of medicaid shall establish for each assessment program year. The department shall consult with the Ohio hospital association before establishing the payment schedule for any assessment program year. The department shall include the payment schedule in each preliminary deter...

Section 5168.24 | Audit.

...The department of medicaid may audit a hospital to ensure that the hospital properly pays the amount it is assessed under section 5168.21 of the Revised Code. The department shall take action to recover from a hospital any amount the audit reveals that the hospital should have paid but did not pay.

Section 5168.25 | Hospital assessment fund.

...ll use money in the fund to pay for the costs of the medicaid program, including the program's administrative costs.

Section 5168.26 | Excluded costs.

...percentage of hospitals' total facility costs to be used in calculating hospitals' assessments under section 5168.21 of the Revised Code. (B) The rules adopted under this section may do the following: (1) Provide that a hospital's total facility costs for the purpose of the assessment under section 5168.21 of the Revised Code exclude any of the following: (a) A hospital's costs associated with providing care...

Section 5168.27 | Implementation shall not cause reduction in federal participation for medicaid program.

...The medicaid director shall implement the assessment imposed by section 5168.21 of the Revised Code in a manner that does not cause a reduction in federal financial participation for the medicaid program under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).

Section 5168.28 | Determination of assessment as impermissible health care-related tax.

...If the United States secretary of health and human services determines that the assessment imposed by section 5168.21 of the Revised Code is an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director shall take all necessary actions to cease implementation of sections 5168.20 to 5168.27 of the Revised Code and shall promptly refund to each hosp...

Section 5168.40 | Franchise permit fee definitions.

...ly held harmless for any portion of the costs of a broad-based health-care-related tax. If the indirect guarantee percentage changes during a fiscal year, the indirect guarantee percentage is the following: (1) For the part of the fiscal year before the change takes effect, the percentage in effect before the change; (2) For the part of the fiscal year beginning with the date the indirect guarantee percentage c...

Section 5168.41 | Determination of nursing home and hospital long-term care franchise permit fee rate.

...llowing: (1) Information from medicaid cost reports filed under section 5165.10 of the Revised Code that are the most recent at the time the determination is made; (2) The projected total medicaid payment rates for nursing facility services for the fiscal year; (3) The projected total number of medicaid days for the fiscal year.

Section 5168.42 | Annual franchise permit fee.

...The department of medicaid shall do all of the following: (A) Subject to sections 5168.44, 5168.45, and 5168.48 of the Revised Code and divisions (C) and (D) of this section and for the purposes specified in section 5168.54 of the Revised Code, determine an annual franchise permit fee on each nursing home in an amount equal to the franchise permit fee rate multiplied by the product of the following: (1) The ...

Section 5168.43 | Waiver of franchise permit fee.

...(A) Not later than four months after July 17, 2009, the department of medicaid shall apply to the United States secretary of health and human services for a waiver under the "Social Security Act," section 1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code: (1) Reduce the franchise permit fee ra...

Section 5168.44 | Approval of waiver; Reduction in franchise permit fee rate.

...If the United States secretary of health and human services approves the waiver sought under section 5168.43 of the Revised Code, the department of medicaid shall, for each nursing home and hospital that qualifies for a reduction of its franchise permit fee rate under the waiver, reduce the franchise permit fee rate in accordance with the terms of the waiver. For purposes of the first fiscal year during which the wai...

Section 5168.45 | Increase in franchise permit fee rate.

...(A) If the United States secretary of health and human services approves the waiver sought under section 5168.43 of the Revised Code, the department of medicaid may do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code: (1) Determine how much money the franchise permit fee would have raised in a fiscal year if not for the waiver; (2) For each nursing home and...

Section 5168.46 | Annual reports.

...The department of health shall do all of the following: (A) For the purpose of the determinations made under divisions (A) and (B) of section 5168.42 of the Revised Code and not later than the first day of each June, report to the department of medicaid the following: (1) For each nursing home, the number of beds in the nursing home licensed on the preceding first day of May under section 3721.02 or 3721.09 ...

Section 5168.47 | Determination, notice, and payment of annual fee.

...(A) Not later than the fifteenth day of September of each year, the department of medicaid shall determine the annual franchise permit fee for each nursing home and hospital in accordance with section 5168.42 of the Revised Code and any adjustments made in accordance with sections 5168.44 and 5168.45 of the Revised Code. (B) Not later than the first day of October of each year, the department shall notify, electroni...

Section 5168.48 | Redetermination of franchise permit fees.

...(A) Not later than the last day of February of each year, the department of medicaid shall redetermine each nursing home's and hospital's franchise permit fee if one or more bed surrenders occur during the period beginning on the first day of May of the preceding calendar year and ending on the first day of January of the calendar year in which the redetermination is made. (B) In redetermining nursing homes' and hos...

Section 5168.49 | Change of operator; division of franchise permit fees.

...If a nursing home or hospital undergoes a change of operator during a fiscal year, the responsibility for paying the franchise permit fee that was determined for the nursing home or hospital under section 5168.47 of the Revised Code, or redetermined for the nursing home or hospital under section 5168.48 of the Revised Code, for that fiscal year shall be divided proportionally. The exiting operator shall be responsibl...

Section 5168.50 | Direct billing for franchise permit fee prohibited.

...No nursing home or hospital shall directly bill its residents for the franchise permit fee paid under section 5168.47 or 5168.48 of the Revised Code or otherwise directly pass the fee through to its residents.

Section 5168.51 | Assessment for past due fee installment.

...If a nursing home or hospital fails to pay the full amount of a franchise permit fee installment when due, the department of medicaid may assess a five per cent penalty on the amount due for each month or fraction thereof the installment is overdue.

Section 5168.52 | Additional sanctions for past due fee installment.

...(A) In addition to assessing a penalty pursuant to section 5168.51 of the Revised Code, the department of medicaid may do any of the following if a nursing facility or hospital fails to pay the full amount of a franchise permit fee installment when due: (1) Withhold an amount less than or equal to the installment and penalty assessed under section 5168.51 of the Revised Code from a medicaid payment due the nu...

Section 5168.53 | Appeals.

...is section, the department shall hold a public hearing in Columbus not later than thirty days after the date the department receives the request for an appeal. The department shall, not later than ten days before the date of the hearing, notify, electronically or by United States postal service, the nursing home or hospital of the date, time, and place of the hearing. The department may hear all the requested appeals...

Section 4929.09 | Designating natural gas supplies that have been obtained to provide exempt service.

...supplies for the exempt service and the cost of the designated supplies shall not be considered in the determination of rates and charges for the company's nonexempt services, including rates and charges determined pursuant to section 4905.302 of the Revised Code.

Section 4929.10 | Adoption of rules.

...The public utilities commission shall adopt rules to carry out this chapter. Initial rules shall be adopted within one hundred eighty days after the effective date of this section.

Section 4929.11 | Automatic adjustment mechanism or device for rates.

... accordance with changes in a specified cost or costs. (B) Upon an application filed under section 4909.18 or 4929.05 of the Revised Code, the commission may allow any automatic adjustment mechanism or device as described in division (A) of this section.

Section 4929.111 | Implementation of capital expenditure program.

...f this section shall specify the total cost of the capital expenditure program. (C) If the commission finds that the capital expenditure program is consistent with the natural gas company's obligation under section 4905.22 of the Revised Code to furnish necessary and adequate services and facilities, which services and facilities the commission finds to be just and reasonable, the commission shall approve the...

Section 4929.12 | No intent to modify existing powers.

...ification to the existing powers of the public utilities commission under Title XLIX of the Revised Code.

Section 4929.13 | Exercising rights of public utility.

....04 or 4929.05 of the Revised Code is a public utility for the purpose of exercising the rights of a public utility in support of its regulated services and goods. Nothing in this chapter affects the right of appropriation of a natural gas company under law in support of its regulated services and goods.

Section 4929.14 | Applying consumer sales practices act.

... not subject to the jurisdiction of the public utilities commission pursuant to section 4929.03 to 4929.05 of the Revised Code.

Section 4929.15 | Investigating service complaints.

...ating good cause, may be filed with the public utilities commission. The commission shall rule on the application within ten days after the date of its filing. (C) A person subpoenaed under this section shall comply with the terms of the subpoena, unless, as provided under division (B) of this section, the parties agree to modify the terms of the subpoena or unless the commission has modified or quashed the subpoena...

Section 4929.16 | Definitions.

...s. (B)(1) "Infrastructure development costs" means costs associated with an investment in infrastructure development to which either of the following apply: (a) The investment is for any deposit required by the natural gas company, as defined in the line-extension provision of the company's tariff, less any contribution in aid of construction received from the owner or developer of the project. (b) The investme...

Section 4929.161 | Application for infrastructure development rider.

...tly incurred infrastructure development costs of one or more economic development projects approved under section 4929.163 of the Revised Code. (B) The commission shall approve a maximum of one infrastructure development rider per company. (C) The commission shall not accept an application for infrastructure development costs described under division (B)(1)(b) of section 4929.16 of the Revised Code unless a natur...

Section 4929.162 | Effect of infrastructure development rider.

...regulatory deferral, including carrying costs at the company's cost of long-term debt as approved in its most recent rate case or as otherwise provided in division (C)(2) of this section, for the infrastructure development rider revenue requirement in any year in which the approved customer charge exceeds or is expected to exceed the limitation under division (A) of this section. Only new costs from that year may be ...

Section 4929.163 | Application for economic development project.

...y will incur infrastructure development costs. (B) The company shall file the application for project approval prior to beginning the project. (C) The application for project approval, to the extent applicable, shall contain a description of each of the following: (1) The economic development project; (2) The infrastructure development costs to be expended on the project; (3) How the project meets the crite...

Section 4929.165 | Annual reports.

...) Detail the infrastructure development costs related to the applicable economic development project or projects; (2) Set forth the rider rate for the twelve months following the annual report. (B) The commission annually shall submit to the general assembly, in accordance with section 101.68 of the Revised Code, a report describing all of the following: (1) The number of applications filed pursuant to division...

Section 4929.166 | Property installed or constructed by natural gas company to enable natural gas service to economic development project.

...considered used and useful in rendering public utility service for purposes of section 4909.15 of the Revised Code.

Section 4929.167 | Audit of natural gas company.

...rmine if the infrastructure development costs incurred by the natural gas company and collected pursuant to the rider are in conformance with the commission's orders.

Section 4929.18 | Biologically derived methane gas.

...ilities for distribution service if the public utilities commission determines that treatment is just and reasonable: (a) Any property, equipment, or facilities to enable interconnection with or receipt from any property, equipment, or facilities used to generate, collect, gather, or transport biologically derived methane gas, or to enable the blending or supply of biologically derived methane gas to consumers wit...

Section 4929.20 | Certifying governmental aggregators and retail natural gas suppliers.

...sion (C)(2) of this section incremental costs reasonably and prudently incurred by the company in connection with the commission's continuation, suspension, rescission, or conditional rescission of a particular retail natural gas supplier's certification under division (C)(1) of this section. Upon the filing of such an application, the commission shall conduct an audit of such incremental costs as are specified in th...

Section 4929.21 | Consent to jurisdiction - appointment of statutory agent.

...ocess in this state, by filing with the public utilities commission a document designating that agent. (2) Beginning on the effective date of initial rules adopted pursuant to division (A) of section 4929.20 of the Revised Code, no person shall continue to operate as such retail natural gas supplier unless that person continues to consent to such jurisdiction and service of process in this state and continues to de...

Section 4929.22 | Minimum service requirements.

...regator, in a timely manner and at such cost as the commission shall provide for in the rules, with the billing names and addresses of the customers of the company or supplier whose retail natural gas loads are to be included in the governmental aggregation. (G) Ohio office. The rules shall require that a retail natural gas supplier maintain an office and an employee in this state.

Section 4929.221 | Fixed-to-variable natural gas supplier rate change notice to customer.

...of the contract's fixed rate; (3) The public utilities commission web site that, as a comparison tool, lists rates offered by competitive retail natural gas service suppliers. (B) The second notice shall include all the information required under division (A) of this section and shall also identify the initial rate to be charged upon the contract's conversion to a variable rate. (C) The notices shall be sent b...

Section 4929.222 | Rules for changing natural gas supplier using valid identification.

...he customer's account record. (B) The public utilities commission shall adopt rules to ensure that a natural gas company processes a customer's change in competitive retail natural gas supplier by using customer account information. A customer who consents to a change of supplier shall not be required to provide customer account information to the supplier if the customer provides a valid form of government-issued ...

Section 4929.23 | Information provided by supplier or aggregator.

...0 of the Revised Code shall provide the public utilities commission with such information, regarding a competitive retail natural gas service for which it is subject to certification, as the commission considers necessary to carry out sections 4929.20 to 4929.24 of the Revised Code. The commission shall take such measures as it considers necessary to protect the confidentiality of any such information. (B) The commi...

Section 4929.24 | Public utilities commission jurisdiction.

...(A)(1) The public utilities commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint of any person or complaint or initiative of the commission regarding the provision by a retail natural gas supplier subject to certification under section 4929.20 of the Revised Code of any service for which it is subject to certification. (2) The commission also has jurisdiction under section 4905.26 of...

Section 4929.25 | Determine total allowable amount of capacity and commodity costs, and costs incidental thereto.

...owable amount of capacity and commodity costs, and costs incidental thereto, of the company to be received as revenues under this division. Such amount shall be the just and reasonable costs of the company that the commission by order determines meet all of the following criteria: (1) The costs were prudently incurred. (2) The costs are legitimate, net, verifiable, and directly due to capacity and commodity obligat...

Section 4929.26 | Local program for automatic aggregation.

...ority or board shall hold at least two public hearings on the plan. Before the first hearing, the legislative authority or board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the jurisdiction or as provided in section 7.16 of the Revised Code. The notice shall summarize the plan and state the date, time, and location of each hearing. (D) No ...