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Section 5168.03 | Provisions dependent on assessment as permissible health care-related tax.

...06 of the Revised Code is a permissible health care-related tax pursuant to the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w). Whenever the department of medicaid is informed that the assessment is an impermissible health care-related tax, the department shall promptly refund to each hospital the amount of money currently in the hospital care assurance program fund created by section 5168.11 of the Revis...

Section 5168.04 | Program year basis of operation.

...The department of medicaid shall operate the hospital care assurance program established by sections 5168.01 to 5168.14 of the Revised Code on a program year basis. The department shall complete all program requirements on or before the thirtieth day of September each year.

Section 5168.05 | Submitting financial statement and cost report.

...(A) Except as provided in division (C) of this section, each hospital, on or before the first day of July of each year or at a later date approved by the medicaid director, shall submit to the department of medicaid a financial statement for the preceding calendar year that accurately reflects the income, expenses, assets, liabilities, and net worth of the hospital, and accompanying notes. A hospital that has a fisca...

Section 5168.06 | Annual assessment.

...ised Code and depositing funds into the health care/medicaid support and recoveries fund created under section 5162.52 of the Revised Code, there is hereby imposed an assessment on all hospitals. Each hospital's assessment shall be based on total facility costs. All hospitals shall be assessed according to the rate or rates established each program year in rules adopted under section 5168.02 of the Revised Code. The ...

Section 5168.07 | Requiring governmental hospitals to make intergovernmental transfers.

...ised Code and depositing funds into the health care/medicaid support and recoveries fund created under section 5162.52 of the Revised Code. The department shall not require transfers in an amount that, when combined with hospital assessments paid under section 5168.06 of the Revised Code and federal matching funds, produce amounts for distribution to disproportionate share hospitals that, in the aggregate, exceed lim...

Section 5168.08 | Preliminary determination of assessment.

...(A) Before or during each program year, the department of medicaid shall issue to each hospital the preliminary determination of the amount that the hospital is assessed under section 5168.06 of the Revised Code during the program year. The preliminary determination of a hospital's assessment shall be calculated for a cost-reporting period that is specified in rules adopted under section 5168.02 of the Revised Code. ...

Section 5168.09 | Methodology to pay hospitals sufficient to expend all money in indigent care pool.

...ogram, including recipients enrolled in health insuring corporations; (2) Total costs, volume, or proportion of services to low-income patients in addition to medicaid recipients, which may include recipients of Title V of the "Social Security Act," 42 U.S.C. 701 et seq.; (3) The amount of uncompensated care provided by the hospital or group of hospitals; (4) Other factors that the director considers to be appropr...

Section 5168.10 | Prohibiting replacing funds appropriated for medicaid program.

...Except for moneys deposited into the health care/medicaid support and recoveries fund created under section 5162.52 of the Revised Code, the department of medicaid shall not use money paid to the department under sections 5168.06 and 5168.07 of the Revised Code or money that the department pays to hospitals under section 5168.09 of the Revised Code to replace any funds appropriated by the general assembly for the med...

Section 5168.11 | Hospital care assurance program fund.

...e Revised Code shall be credited to the health care - federal fund created under section 5162.50 of the Revised Code. (C) All distributions of funds to hospitals under section 5168.09 of the Revised Code are conditional on: (1) Expiration of the time for appeals under section 5168.08 of the Revised Code without the filing of an appeal, or on court determinations, in the event of appeals, that the hospital is enti...

Section 5168.13 | Confidentiality.

...Except as specifically required by sections 5168.01 to 5168.14 of the Revised Code, information filed under those sections shall not include any patient-identifying material. Information that includes 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 ...

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

...ram for children and youth with special health care needs established under section 3701.023 of the Revised Code, to pay for hospital services in accordance with state or local law.

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

...s of whether patients are enrolled in a health insuring corporation. (2) "Total facility costs" excludes all of the following of a hospital's costs as shown on the cost-reporting data used for purposes of determining the hospital's assessment under section 5168.21 of the Revised Code: (a) Skilled nursing services provided in distinct-part nursing facility units; (b) Home health services; (c) Hospice services; (d...

Section 5168.21 | 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 | 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.

...There is hereby created in the state treasury the hospital assessment fund. All installment payments made by hospitals under section 5168.23 of the Revised Code and all recoveries the department 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 ...

Section 5168.26 | Excluded costs.

...ram for children and youth with special health care needs established under section 3701.023 of the Revised Code; (iv) Services provided under the maternal and child health services block grant established under 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. (...

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

...(A) The franchise permit fee rate shall be determined for each fiscal year as follows: (1) Determine the estimated total net patient revenues for all nursing homes and hospital long-term care units for the fiscal year; (2) Multiply the estimated total net patient revenues determined under division (A)(1) of this section by the lesser of the following: (a) The indirect guarantee percentage; (b) Six per cent....

Section 5168.42 | Annual franchise permit fee.

...f the Revised Code is an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w), take all necessary actions to cease implementation of sections 5168.40 to 5168.56 of the Revised Code in accordance with rules adopted under section 5168.56 of the Revised Code.

Section 5168.43 | Waiver of franchise permit fee.

...pply 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 rate to zero dollars for each nursing home licensed under section 3721.02 or 3721.09 of ...

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 3707.71 | Fetal infant mortality review board.

...(A) A board of health may, in accordance with rules adopted under section 3701.049 of the Revised Code, establish and operate a fetal-infant mortality review board to review both of the following: (1) Each fetal death experienced by a woman who was, at the time of the fetal death, a resident of the health district in which the board exercises authority; (2) Each death of an infant who was, at the time of death, a...

Section 3707.72 | Board members.

...(A)(1) If a board of health establishes a fetal-infant mortality review board under section 3707.71 of the Revised Code, the board, by a majority vote of a quorum of its members, shall select the board's members. Members may include the following professionals or individuals representing the following constituencies: (a) Fetal-infant mortality review coordinators; (b) Physicians who are board-certified in obste...

Section 3707.73 | Purpose.

... resources that support and promote the health and well-being of women, infants, and families; (B) Recommending and developing plans for implementing local service and program changes, as well as changes to the groups, professions, agencies, and entities that serve families, children, and pregnant women; (C) Providing the department of health with aggregate data, trends, and patterns regarding fetal and infant de...

Section 3707.74 | Production of documents and information.

...sts. These records may include maternal health records. In addition, such an individual or entity may make available to the board additional information, documents, or reports that could be useful to the board's investigation. (B) No person, entity, law enforcement agency, or prosecuting attorney shall provide any information regarding a fetal death or death of an infant to a fetal-infant mortality review board whi...

Section 3707.75 | Confidentiality.

...itted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code, are confidential. Such materials shall be used by the board and department of health only in the exercise of the proper functions of the review board and the department. If the materials are presented to the board or a person abstracting the mater...

Section 3707.76 | Immunity from civil liability.

...(A) An individual or public or private entity providing records, documents, reports, or other information to a fetal-infant mortality review board is immune from any civil liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of providing the records, documents, reports, or information to the board. (B) Each board member is immune from any civil liability...

Section 3707.77 | Reporting.

...atabase maintained by the department of health or the national infant death review database individual data pertaining to each fetal or infant death reviewed in that board's jurisdiction within the twelve months immediately before the submission. The specific data to be submitted, as well as other information the board considers relevant to a review, shall be specified by the director of health in rules adopted under...

Section 3707.99 | Penalty.

...(A) Whoever violates section 3707.03 of the Revised Code, unless good and sufficient reason therefor is shown, is guilty of a minor misdemeanor. (B) Whoever violates division (B) of section 3707.06 or section 3707.48 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the fourth degree.

Section 3709.01 | Health districts.

...The state shall be divided into health districts. Each city constitutes a city health district. The townships and villages in each county shall be combined into a general health district. As provided for in sections 3709.051, 3709.07, and 3709.10 of the Revised Code, there may be a union of two or more general health districts, a union of two or more city health districts to form a single city health district, or a...

Section 3709.011 | Titles.

...A board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code may select the titles it uses to refer to itself, the health district it represents, or any health facility or other entity it operates. The titles may include any terms selected by the board or authority, including the term "public health."

Section 3709.012 | Study of merging city health district with general health district.

...usand that is represented by a board of health of a city health district shall complete a study examining the efficiency and effectiveness of the city health district merging with the general health district of the county in which the city is located. As part of the study, the city shall compare the merger's efficiency and effectiveness with that of remaining as a separate health district. (B) The director of heal...

Section 3709.02 | Board of health of general health district - term - expenses - vacancies - quorum.

...(A) In each general health district there shall be a board of health consisting of five members to be appointed as provided in sections 3709.03 and 3709.41 of the Revised Code. The term of office of the members shall be five years from the date of appointment, except that of those first appointed one shall serve for five years, one for four years, one for three years, one for two years, and one for one year, and the...

Section 3709.03 | General health district advisory council.

...There is hereby created in each general health district a district advisory council. A council shall consist of the president of the board of county commissioners, the chief executive of each municipal corporation not constituting a city health district, and the chairperson of the board of township trustees of each township. The board of county commissioners, the legislative body of a municipal corporation, and the ...

Section 3709.04 | Director of health may appoint board for general health district.

...If in any general health district the district advisory council fails to meet or to select a board of health, the director of health may appoint a board of health for such district which shall have and exercise all powers conferred on a board of health of a general health district.

Section 3709.05 | City health district board - compensation, term.

...(A) Unless an administration of public health different from that specifically provided in this section is established and maintained under authority of its charter, or unless a combined city health district is formed under section 3709.051 of the Revised Code, the legislative authority of each city constituting a city health district shall establish a board of health. The board of health shall be composed of five me...

Section 3709.051 | Formation of single city health district from two or more districts.

...Two or more city health districts may be united to form a single city health district by a majority affirmative vote of the legislative authority of each city affected by the union. If at least three per cent of the qualified electors residing within each of two or more city health districts sign a petition proposing a union into a single city health district, an election shall be held as provided in this sec...

Section 3709.052 | Contract for administration of public health affairs in combined district.

...ectors of each city constituting a city health district have voted affirmatively, the chief executives of the cities affected shall enter into a contract for the administration of public health affairs in the combined district. Such contract shall state the proportion of expenses of the board of health or health department of the combined district to be paid by each city. Unless the proposal establishing the district...

Section 3709.06 | Director of health may appoint health commissioner for city.

...If any city constituting a city health district fails to establish a board of health under section 3709.05 of the Revised Code, the director of health may appoint a health commissioner for such city, and fix the commissioner's salary and term of office. Such commissioner shall have the same powers and perform the duties granted to or imposed upon a board of health of a city health district, except that rules, regulat...

Section 3709.07 | Union of city with general health districts.

...en it is proposed that one or more city health districts unite with a general health district in the formation of a single district, the district advisory council of the general health district shall meet and vote on the question of union. It shall require a majority affirmative vote of the members of the district advisory council to carry the question. The legislative authority of each city constituting a city healt...

Section 3709.071 | Election for union into single general health district.

...esiding within each of one or more city health districts and a general health district sign a petition for union into a single general health district, an election shall be held as provided in this section to determine whether a single general health district shall be formed. The petition for union may specify regarding the board of health of the new district: (A) The qualifications for membership; (B) The te...

Section 3709.08 | Contract between boards of health.

...(A) A board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code may enter into a contract to provide some or all public health services for a board of health of another city or general health district. (B) Each contract entered under division (A) of this section shall do all of the following: (1) State the amount of ...

Section 3709.085 | Contracts for enforcement services for air pollution control or supervision of sewage disposal systems.

...(A) The board of health of a city or general health district may enter into a contract with any political subdivision or other governmental agency to obtain or provide all or part of any services, including, but not limited to, enforcement services, for the purposes of Chapter 3704. of the Revised Code, the rules adopted and orders made pursuant thereto, or any other ordinances or rules for the prevention, cont...

Section 3709.09 | Board of health to establish uniform system of fees; adoption of rules.

...(A) The board of health of a city or general health district may, by rule, establish a uniform system of fees to pay the costs of any services provided by the board. The fee for issuance of a certified copy of a vital record or a certification of birth shall not be less than the fee prescribed for the same service under division (A)(1) of section 3705.24 of the Revised Code and shall include the fees required ...

Section 3709.091 | Failure to pay household sewage disposal system permit or inspection fee.

...a fee as required by rule of a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for an operation permit for, or for inspection of, a household sewage treatment system or a small flow on-site sewage treatment system located on the real property, the health commissioner of the city or general health district or the commissioner's designated representative shall notif...

Section 3709.092 | Transmission of fees.

...(A) A board of health of a city or general health district shall transmit to the director of health all fees or additional amounts that the director requires to be collected under sections 3701.344, 3718.06, 3729.07, and 3749.04 of the Revised Code. The fees and amounts shall be transmitted according to the following schedule: (1) For fees and amounts received by the board on or after the first day of January...