Ohio Revised Code Search
Section |
---|
Section 5168.20 | [Repealed effective 10/1/2025] Definitions for R.C. 5168.20 to 5168.28.
...atient hospital services, as defined in 42 C.F.R. 440.10. (b) The hospital is recognized under the medicare program as a cancer hospital and is exempt from the medicare prospective payment system. (c) The hospital is a psychiatric hospital licensed under section 5119.33 of the Revised Code. (2) "Hospital" does not include either of the following: (a) A federal hospital; (b) A hospital that does not charge any of... |
Section 5168.21 | [Repealed effective 10/1/2025] Additional annual assessment.
...(A) For the purposes specified in section 5168.25 of the Revised Code and subject to section 5168.28 of the Revised Code, there is hereby imposed an assessment on all hospitals each assessment program year. The amount of a hospital's assessment for an assessment program year shall equal the applicable assessment percentage of the hospital's total facility costs for the period of time specified in division (B) of this... |
Section 5168.22 | [Repealed effective 10/1/2025] Preliminary determination of assessment amount.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Section 5168.23 | [Repealed effective 10/1/2025] Assessment payment schedule.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Section 5168.24 | [Repealed effective 10/1/2025] Audit.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Section 5168.25 | [Repealed effective 10/1/2025] Hospital assessment fund.
...t of medicaid makes under section 5168.24 of the Revised Code shall be deposited into the fund. All investment earnings of the fund shall be credited to the fund. The department shall use money in the fund to pay for the costs of the medicaid program, including the program's administrative costs. |
Section 5168.26 | [Repealed effective 10/1/2025] Excluded costs.
...r Title V of the "Social Security Act," 42 U.S.C. 701 et seq. (b) Any other category of hospital costs the director deems appropriate under federal law and regulations governing the medicaid program. (2) Subject to division (C) of this section, provide for the percentage of hospitals' total facility costs used in calculating hospitals' assessments to vary for different hospitals. (C) Before adopting rules au... |
Section 5168.27 | [Repealed effective 10/1/2025] Implementation shall not cause reduction in federal participation for medicaid program.
..."Social Security Act," section 1903(w), 42 U.S.C. 1396b(w). |
Section 5168.28 | [Repealed effective 10/1/2025] Determination of assessment as impermissible health care-related tax.
..."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 hospital the amount of money in the hospital assessment fund at the time the refund is to be made that the hospital paid under section 5168.23 of the Revised Code, plus any corresponding investmen... |
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 5168.41 | Determination of nursing home and hospital long-term care franchise permit fee rate.
...he number of days in the fiscal year; (4) Determine the sum of the following: (a) The total number of beds in all nursing homes and hospital long-term care units that are subject to the franchise permit fee for the fiscal year; (b) The total number of nursing home beds that are exempt from the franchise permit fee for the fiscal year because of the waiver obtained pursuant to section 5168.43 of the Revised Cod... |
Section 5168.42 | Annual franchise permit fee.
...llowing: (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 number of beds licensed as nursing home beds, plus... |
Section 5168.43 | Waiver of franchise permit fee.
...l 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 rate to zero dollars for each nursing home licensed under section 3721.02 or 3721.09 of the Revised Code to which either of the following applies: (a) The nursing home: (i) Is exemp... |
Section 5168.44 | Approval of waiver; Reduction in franchise permit fee rate.
...es 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 waiver takes effect, the department shall determine the amount of the... |
Section 5168.45 | Increase in franchise permit fee rate.
...es 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 hospital subject to the franchise permit fee, other than a nursing ho... |
Section 5168.46 | Annual reports.
... 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 of the Revised Code or certified on that date under Title XVIII or Title XIX; (2) For each hospital, the numb... |
Section 5168.47 | Determination, notice, and payment of annual fee.
...ospital 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, electronically or by United States postal service, each nursing home and hospital of the amount of the franchise permit fee that has been determined for the nursing home or ho... |
Section 5168.48 | Redetermination of franchise permit fees.
...of the waiver sought under section 5168.43 of the Revised Code; (2) Recalculate each nursing home's and hospital's franchise permit fee in accordance with division (A) or (B) of section 5168.42 of the Revised Code with the following changes: (a) In the case of a nursing home or hospital for which one or more bed surrenders occurred during the period beginning on the first day of May of the preceding calendar year a... |
Section 5168.49 | Change of operator; division of franchise permit fees.
...ing 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 responsible for paying the amount of the fee that is for the part of the fiscal year that ends on the day before the effective date of the change of operator. The entering operator... |
Section 5168.50 | Direct billing for franchise permit fee prohibited.
...ise 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 5168.54 | Nursing home franchise permit fee fund.
...homes and hospitals under sections 5168.47, 5168.48, and 5168.51 of the Revised Code shall be deposited into the fund. The fund shall also consist of money deposited into it pursuant to sections 3769.08 and 3769.26 of the Revised Code. Subject to division (B) of section 3769.08 of the Revised Code, the department of medicaid shall use the money in the fund to make medicaid payments to providers of nursing facility se... |
Section 5168.55 | Investigations; enforcement.
... fulfill its duties under sections 5168.40 to 5168.56 of the Revised Code. At the request of the department, the attorney general shall aid in any such investigations. The attorney general shall institute and prosecute all necessary actions for the enforcement of sections 5168.40 to 5168.56 of the Revised Code, except that at the request of the attorney general, the county prosecutor of the county in which a nu... |