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Ohio Revised Code Search

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Section 5165.52 | Overpayment amounts determined following notice of closure, etc.

...(A) On receipt of a written notice under section 5165.50 of the Revised Code of a facility closure or voluntary withdrawal of participation, on receipt of a written notice under section 5165.51 of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of medicaid shall estimate the amount of any overpayments made under the medicaid program to the exiting opera...

Section 5166.40 | Definitions.

...(A) As used in sections 5166.40 to 5166.409 of the Revised Code: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Buckeye account" means a modified health savings account established under section 5166.402 of the Revised Code. (3) "Contribution" means the amounts that an individual contributes to the individual's buckeye account and are contributed to the account on the individual's beha...

Section 5166.405 | Cessation of participation.

...(A) A healthy Ohio program participant's participation in the program shall cease if any of the following applies: (1) Unless the participant is pregnant, a monthly installment payment to the participant's buckeye account is sixty days late. (2) The participant fails to submit documentation needed for a redetermination of the participant's eligibility for medicaid before the sixty-first day after the documentation ...

Section 5166.406 | Exhaustion of payout limits.

...If a healthy Ohio program participant exhausts the annual or lifetime payout limits specified in division (D) of section 5166.401 of the Revised Code, the participant shall be transferred to the fee-for-service component of medicaid or the care management system. A participant who exhausts the annual payout limit for a year shall resume participation in the healthy Ohio program at the beginning of the immediately fol...

Section 5167.122 | Disclosure of sources of payment.

...rebates, discounts, credits, clawbacks, fees, grants, chargebacks, reimbursements, or other payments related to services provided for the medicaid managed care organization. (B) Each medicaid managed care organization shall disclose to the department of medicaid in the format specified by the department the organization's administrative costs associated with providing pharmacy services under the care management sys...

Section 5168.56 | Implementing provisions.

...The medicaid director shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Prescribe the actions the department of medicaid will take to cease implementation of sections 5168.40 to 5168.56 of the Revised Code if the United States centers for medicare and medicaid services determines that the franchise permit fee established by those sections is an impermissibl...

Section 5168.60 | Definitions for R.C. 5168.60 to 5168.71.

...As used in sections 5168.60 to 5168.71 of the Revised Code: (A) Unless modified under division (C)(2) of section 5168.61 of the Revised Code, "franchise permit fee rate" means the following: (1) For fiscal year 2020, twenty-three dollars and ninety-five cents; (2) For fiscal year 2021 and each fiscal year thereafter, twenty-four dollars and eighty-nine cents. (B) "Indirect guarantee percentage" means the perc...

Section 5168.64 | Consequences of converting beds to providing home and community-based services.

...If the operator of an ICF/IID converts, pursuant to section 5124.60 or 5124.61 of the Revised Code, all of the ICF/IID's beds to providing home and community-based services and the operator's provider agreement for the ICF/IID is terminated as a consequence, the department of developmental disabilities shall terminate the ICF/IID's franchise permit fee effective on the first day of the quarter immediately following t...

Section 5168.66 | Additional sanctions for overdue installment.

...(A) In addition to assessing a penalty pursuant to section 5168.65 of the Revised Code, the department of developmental disabilities may do any of the following if an ICF/IID 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 5168.65 of the Revised Code from a medicaid payment due the ICF/...

Section 5168.71 | Adoption of rules.

...To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Prescribe the actions the department of developmental disabilities will take to cease implementation of sections 5168.60 to 5168.71 of the Revised Code if the United States secretar...

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 519.15 | Rules, meetings and procedures of board.

...The township board of zoning appeals shall organize and adopt rules in accordance with the zoning resolution. Meetings of the board of zoning appeals shall be held at the call of the chairperson, and at such other times as the board determines. The chairperson, or in the chairperson's absence the acting chairperson, may administer oaths, and the board of zoning appeals may compel the attendance of witnesses. All meet...

Section 5301.14 | Copy of record of lost deed to be evidence.

...r's office, on demand and tender of the fees therefor, the director of administrative services shall furnish to any person a copy of such deed certified under the director of administrative services' official seal, which copy shall be received everywhere in this state as prima-facie evidence of the existence of the deed, and in all respects shall have the effect of certified copies from the official records of the co...

Section 5301.252 | Recording affidavit relating to title.

...eeds are recorded, and collect the same fees for recording such affidavit as for recording deeds. (D) Every affidavit provided for under this section shall include a description of the land, title to which may be affected by facts stated in such affidavit, and a reference to an instrument of record containing such description, and shall state the name of the person appearing by the record to be the owner of such lan...

Section 5301.255 | Memorandum of trust recording.

...(A) A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of any county in which real property that is subject to the trust is located: (1) The memorandum shall be executed by the trustee of the trust and acknowledged by the trustee of the trust in accordance with section 5301.01 of the Revised Code. (2) The memorandum shall state all of ...

Section 5301.28 | Release of mortgage - assignment.

...When the mortgagee of property within this state, or the party to whom the mortgage has been assigned, either by a separate instrument, or in writing on that mortgage, or on the margin of the record of the mortgage, which assignment, if in writing on the mortgage or on the margin of the record of the mortgage, need not be acknowledged, receives payment of any part of the money due the holder of the mortgage, an...

Section 5301.31 | Assignment or partial release in margin of original record.

...Except in counties in which a separate instrument is required to assign or partially release a mortgage as described in section 5301.32 of the Revised Code, a mortgage may be assigned or partially released by the holder of the mortgage, by writing the assignment or partial release on the original mortgage or upon the margin of the record of the original mortgage and signing it. The assignment or partial release need ...

Section 5301.32 | Assignment or partial release by separate instrument.

...A mortgage may be assigned or partially released by a separate instrument of assignment or partial release, acknowledged as provided by section 5301.01 of the Revised Code. The separate instrument of assignment or partial release shall be recorded in the county recorder's official records. The county recorder shall be entitled to charge the fee for that recording as provided by section 317.32 of the Revised Co...

Section 5301.332 | Forfeiture for failure of lessee, successors or assigns to abide by specifically described covenants.

..., the county recorder shall charge the fees provided by section 317.32 of the Revised Code.

Section 5301.34 | Release of mortgage on certificate of mortgagee or assignee.

...The county recorder is entitled to the fees for such recording as provided by section 317.32 of the Revised Code for recording deeds.

Section 5301.38 | Record of patents, copies, and exemplifications.

...tuated. The recorder shall be paid the fees for recording such patents as provided in section 317.32 of the Revised Code for recording deeds.

Section 5301.52 | Notice and filing of claim of interest in land.

... county recorder shall charge the same fees for the recording of such notices as are charged for recording deeds. (C) A notice prepared, executed, and recorded in conformity with the requirements of this section, or a certified copy of it, shall be accepted as evidence of the facts stated insofar as they affect title to the land affected by that notice. (D) Any person who knowingly makes any false statement in...

Section 5301.82 | Contents of environmental covenant - required signatures.

...(A) An environmental covenant shall contain all of the following: (1) A statement that the instrument is an environmental covenant executed pursuant to sections 5301.80 to 5301.92 of the Revised Code; (2) A legally sufficient description of the real property that is subject to the environmental covenant; (3) A description of the activity and use limitations on the real property; (4) Requirements for notice follow...

Section 5301.90 | Amendment or termination of environmental covenant by consent - assignment.

...(A) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following: (1) The applicable agency; (2) Unless waived by that agency, the current owner of the fee simple of the real property that is subject to the environmental covenant; (3) Each person that originally signed the environmental covenant unless one or more of the following ap...

Section 5301.91 | Civil action for violation - regulatory authority - liability.

...(A) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following: (1) A party to the environmental covenant specified in division (A) of section 5301.90 of the Revised Code that is not otherwise specified in divisions (A)(2) to (7) of this section; (2) The environmental protection agency; (3) The applicable agency if it is other ...

Section 5165.101 | Cost of franchise permit fee not reimbursable expense.

...A nursing facility provider filing the nursing facility's cost report with the department of medicaid under section 5165.10 or 5165.522 of the Revised Code shall report as a nonreimbursable expense the cost of the nursing facility's franchise permit fee.

Section 5168.40 | Franchise permit fee definitions.

...As used in sections 5168.40 to 5168.56 of the Revised Code: (A) "Bed surrender" means the following: (1) In the case of a nursing home, the removal of a bed from a nursing home's licensed capacity in a manner that reduces the total licensed capacity of all nursing homes and makes it impossible for the bed to ever be a part of any nursing home's licensed capacity; (2) In the case of a hospital, the removal of...

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 5168.79 | Determination of higher fee.

...If the department of medicaid determines 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 5168.81 | Penalty for overdue payments.

...If a health insuring corporation fails to pay the full 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 5168.85 | Health insuring corporation franchise fee fund.

...(A) There is hereby created in the state treasury the 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 investm...

Section 519.12 | Zoning amendments.

...(A)(1) Amendments to the zoning resolution may be initiated by motion of the township zoning commission, by the passage of a resolution by the board of township trustees, or by the filing of an application by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment with the township zoning commission. The board of township trustees may require that ...

Section 5301.02 | Words necessary to create a fee simple estate.

...The use of terms of inheritance or succession are not necessary to create a fee simple estate, and every grant, conveyance, or mortgage of lands, tenements, or hereditaments shall convey or mortgage the entire interest which the grantor could lawfully grant, convey, or mortgage, unless it clearly appears by the deed, mortgage, or instrument that the grantor intended to convey or mortgage a less estate.

Section 5301.254 | Filing information with secretary of state by nonresident alien acquiring interest in real property.

...(A) For the purposes of this section, "nonresident alien" means any individual who is not a citizen of, and is not domiciled in, the United States. (B) Every nonresident alien who acquires any interest either in his own name or in the name of another, in real property located in this state that is in excess of three acres or that has a market value greater than one hundred thousand dollars or any interest in and to ...

Section 5301.33 | Cancellation, release, and assignment of leases.

...Except in counties where deeds or other separate instruments are required as provided in this section, a lease, whether or not renewable forever, that is recorded in any county recorder's office, may be canceled or partially released by the lessor and lessee, or assigned by either of them, by writing the cancellation, partial release, or assignment on the original lease, or upon the margin of the record of the ...

Section 5301.56 | Mineral interests - vesting in surface owner.

...(A) As used in this section: (1) "Holder" means the record holder of a mineral interest, and any person who derives the person's rights from, or has a common source with, the record holder and whose claim does not indicate, expressly or by clear implication, that it is adverse to the interest of the record holder. (2) "Drilling or mining permit" means a permit issued under Chapter 1509., 1513., or 1514. of th...

Section 5301.691 | Director of agriculture purchase of agricultural easements.

...(A)(1) Subject to divisions (A)(2) and (F) of this section, the director of agriculture, with moneys credited to the agricultural easement purchase fund created in section 901.21 of the Revised Code, may purchase agricultural easements in the name of the state. (2) Not less than thirty days prior to the acquisition of an agricultural easement under division (A)(1) of this section or the extinguishment of such an eas...

Section 5301.94 | Right-to-list home sale agreements.

...ct from the person filing the order the fees prescribed in section 317.32 of the Revised Code for the recorder's services. If the court grants the order, the owner may recover actual damages, costs, and attorney's fees from the person that recorded, or caused to be recorded, the right-to-list home sale agreement.

Section 5302.05 | General warranty deed form.

...A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee's heirs, assigns, and successors, to the grantee's and the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, the grantee's heirs, assigns, an...

Section 5302.22 | Transfer on death deed form.

...(A) As used in sections 5302.22, 5302.222, 5302.23, and 5302.24 of the Revised Code: (1) "Affidavit of confirmation" means an affidavit executed under division (A) of section 5302.222 of the Revised Code. (2) "Survivorship tenancy" means an ownership of real property or any interest in real property by two or more persons that is created by executing a deed pursuant to section 5302.17 of the Revised Code. (3...

Section 5302.23 | Designating transfer on death beneficiary.

...(A) Any affidavit containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (B) Real property or an interest in real property that is the subject of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code or as described in division (A) of this section has all of the following characteristics and ramification...

Section 5309.08 | Application to register title.

...Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil action, filed in the probate court or court of common pleas of the county in which the land is situated. When the application is filed, the clerk of the probate court or the clerk of the court of common pleas shall forthwith file in the office of the county recorder of said county and in t...

Section 5309.37 | Transfers of registered land - certificate as to taxes and special assessments.

...requirements and on payment of the same fees as provided by law for unregistered land. Upon demand and upon payment of the fee provided in section 5310.15 of the Revised Code, at the time of issuing any certificate of title to registered land, or of making any transfer of registered land, or of entry upon the register of titles of any memorial of a mortgage or other lien on registered land, the county recorder shall...

Section 5309.40 | Transfer of estate by registered owner in fee.

...A registered owner in fee of real property, in order to transfer the owner's whole interest in the property or in any part of the property or to transfer any undivided interest in the property shall execute to the intended transferee a deed or instrument of conveyance that, in case of transfer of the whole of the property, may be on the duplicate certificate of title. The deed or instrument of conveyance may be in an...

Section 5309.54 | Judgment of county court judge, mayor or other officer a lien upon registered land.

...Whenever any transcript from the docket of a judge of a county court or mayor, or other officer or tribunal which may render judgments, is filed in the office of the clerk of the court of common pleas for a lien, the party, or his agent or attorney, filing such transcript shall notify the clerk whether the land upon which the lien is sought is registered. If such land is registered, in addition to the fee required fo...

Section 5309.66 | Optional registration of title to land sold in partition or by assignee or administrator.

...In all suits to sell an estate in fee in the whole of unregistered land brought by an assignee or trustee for the benefit of creditors, commissioners of insolvents, receiver, master commissioner, administrator, executor, or other person appointed by a court, and in all suits to partition unregistered land held in fee, proper allegations and parties necessary to a decree for original registration of the title to said ...

Section 5310.01 | Acceptance of fees and employment by county recorder prohibited.

...ept any employment, or be interested in fees arising from such employment, as attorney, agent, or otherwise, from an applicant to register land, or other person connected with or concerned in the registration of land, or any lien, or charge thereon, or other matter in any way connected with the registration of land.

Section 5311.19 | Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.

...f court costs and reasonable attorney's fees in both types of action. (B)(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner's agent, in the...