Ohio Revised Code Search
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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. |
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Section 5168.20 | Definitions for R.C. 5168.20 to 5168.28.
...tinct-part nursing facility units; (b) Home health services; (c) Hospice services; (d) Ambulance services; (e) Renting durable medical equipment; (f) Selling durable medical equipment. (3) "Total facility costs" excludes any costs excluded from a hospital's total facility costs pursuant to rules, if any, adopted under division (B)(1) of section 5168.26 of the Revised Code. |
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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... |
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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... |
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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... |
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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. |
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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 ... |
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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. (... |
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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). |
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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... |
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Section 5168.40 | Franchise permit fee definitions.
...y 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 changes, the new percent... |
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Section 5168.41 | Determination of nursing home and hospital long-term care franchise permit fee rate.
...l 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. (3) Divide the product determined under division (A)(2) of this section by the number of days in the fiscal year; (4) ... |
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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. |
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Section 5168.43 | Waiver of 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 exempt from state taxation under section 140.08 of the Revised Code or is exempt from state taxation as a home for the aged as defined in section 5701.13 of the Revised Code; (ii) Is exempt from federal income taxation under section 501... |
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Section 5168.44 | Approval of waiver; Reduction in franchise permit fee rate.
...ent 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 reduction not later than the effective date of the waiver and shall mail t... |
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Section 5168.45 | Increase in franchise permit fee rate.
...t for the waiver; (2) For each nursing home and hospital subject to the franchise permit fee, other than a nursing home or hospital that has its franchise permit fee rate reduced under section 5168.44 of the Revised Code, uniformly increase the amount of the franchise permit fee rate for a fiscal year to an amount that will have the franchise permit fee raise an amount of money that does not exceed the amount determ... |
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Section 5168.46 | Annual reports.
...id 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 number of beds in the hospital registered on the preceding first day of May pursuant to section 3701.07 of the Revised Code as skilled nursing facil... |
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Section 5168.47 | Determination, notice, and payment of annual fee.
...l 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, electronically or by United States postal service, each nursing home and hospital of the amount of the franchise permit fee t... |
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Section 5168.48 | Redetermination of franchise permit fees.
...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 hospitals' franchise permit fees under this section, the department shall do bo... |
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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... |
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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. |
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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. |
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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... |
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Section 5168.53 | Appeals.
...(A) A nursing home or hospital may appeal the fee assessed under section 5168.42 of the Revised Code, as adjusted under section 5168.44 or 5168.45 of the Revised Code, and redetermined under section 5168.48 of the Revised Code solely on the grounds that the department of medicaid committed a material error in determining or redetermining the amount of the fee. A request for an appeal must be received by the departmen... |
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Section 5168.54 | Nursing home franchise permit fee fund.
...ition of surveyors at the department of health, and to fund quality and consumer information resources. Money in the fund may also be used for the residential state supplement program established under section 5119.41 of the Revised Code. (B) Any money remaining in the nursing home franchise permit fee fund after payments specified in division (A) of this section are made shall be retained in the fund. Any interes... |
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Section 3701.047 | Agreement to promote federally qualified health centers.
...his section: (1) "Federally qualified health center" means a health center that receives a federal public health services grant under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another health center designated by the U.S. Health Resources and Services Administration as a federally qualified health center. (2) "Federally qualified health center look-alike" means a public ... |
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Section 3701.048 | Protocols for the administration of drugs in a declared emergency.
...s used in this section: (1) "Board of health" means the 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. (2) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (3) "Drug," "dangerous drug," and "licensed health professional authorized to prescribe drugs" have the same meanin... |
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Section 3701.049 | Fetal-infant mortality review.
...(A) As used in this section, "board of health" has the same meaning as in section 3707.70 of the Revised Code. (B) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code that establish a procedure for fetal-infant mortality review boards to follow in conducting a review of a fetal or infant death. The rules shall do all of the following: (1) Specify the procedures a board of ... |
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Section 3701.0410 | Drug overdose fatality review.
...The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code that establish a procedure for county or regional drug overdose fatality review committees to follow in conducting a review of an overdose death. The rules shall do all of the following: (A) Establish the format for the annual reports required by section 307.636 of the Revised Code; (B) Establish guidelines for a county... |
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Section 3701.0411 | Suicide fatality review.
...The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code that establish a procedure for county or regional suicide fatality review committees to follow in conducting a review of a suicide death. The rules shall do all of the following: (A) Establish the format for the annual reports required by section 307.646 of the Revised Code; (B) Establish guidelines for a county or regi... |
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Section 3701.0412 | Domestic violence fatality review.
...(A) The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a procedure for county or regional domestic violence fatality review boards to follow in conducting a review of a death by domestic violence. The rules shall do all of the following: (1) Establish the format for the annual reports required by section 307.656 of the Revised Code; (2) Establish guidelines... |
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Section 3701.05 | Annual report to health officials and public.
...The director of health shall keep health officials and the general public fully informed in a printed annual report in regard to the work of the department of health and on the progress that is being made in studying the cause and prevention of disease and such kindred subjects as may contribute to the welfare of the people of the state. |
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Section 3701.06 | Right of entry to investigate violations.
...The director of health and any person the director authorizes may, without fee or hindrance, enter, examine, and survey all grounds, vehicles, apartments, buildings, and places in furtherance of any duty laid upon the director or department of health or where the director has reason to believe there exists a violation of any health law or rule. |
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Section 3701.07 | Residents' rights advocates to register with department.
...list shall be made available to nursing home administrators as defined in division (C) of section 3721.10 of the Revised Code. |
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Section 3701.071 | Registering and record keeping for nonprofit shelters and health care facilities.
... (a) Its primary mission is to provide health care services for free or for a minimal administrative fee to individuals with limited resources. (b) It facilitates the delivery of health care services through the use of volunteer health care professionals and voluntary care networks. (2) "Indigent and uninsured person" has the same meaning as in section 2305.234 of the Revised Code. (3) "Nonprofit shelter or healt... |
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Section 3701.072 | Information regarding free clinics.
...he Revised Code. (B) The department of health, on its internet web site, shall make information available regarding free clinics. The information shall include all of the following: (1) A description of what constitutes a free clinic; (2) The benefits that free clinics provide to the state's health care system, including the services they make available to both patients and health care providers; (3) A directory ... |
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Section 3701.073 | Department to administer medicare rural hospital flexibility program.
...(A) The department of health is hereby designated as the state agency responsible for administering the medicare rural hospital flexibility program, as established in 42 U.S.C. 1395i-4, as amended. (B) The director of health shall designate as a critical access hospital a hospital registered as an acute care hospital with the department under section 3701.07 of the Revised Code if the hospital meets the following re... |
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Section 3701.08 | Duties of department regarding hospitals and medical facilities.
...The department of health constitutes the sole agency of the state for the purpose of: (A) Making an inventory of existing hospitals and medical facilities, surveying the need for construction and modernization of hospitals and medical facilities, and developing a program of hospital and medical facilities construction and modernization as provided in sections 3701.01, 3701.04, 3701.08, 3701.09, and 3701.37 to 3701.4... |
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Section 3701.09 | Program for construction and modernization of hospitals and medical facilities.
...The director of health shall make an inventory of existing hospitals and medical facilities including public, nonprofit, and proprietary hospitals and medical facilities, survey the need for construction and modernization of hospitals and medical facilities and, on the basis of such inventory and survey, develop a program for the construction and modernization of such public and other nonprofit hospitals and medical ... |
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Section 3701.10 | District health commissioner may be required to attend school of instruction.
...The director of health may require any district health commissioner to attend, immediately after his appointment, a school of instruction to be conducted by the department of health at Columbus. The course at such school of instruction shall not exceed four weeks in duration, and the necessary expenses of the commissioner in attending such school shall be paid by the district board of health upon certification from t... |
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Section 3701.11 | Power to administer oath.
...The director of health shall have power to administer oaths in all parts of the state so far as the exercise of such power is incidental to the performance of the duties of the director. |
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Section 3701.12 | Third party payment for department goods and services.
...ent entity other than the department of health or a program administered by the department. (2) "Third party benefits" means any and all benefits paid by a third party to or on behalf of an individual or the individual's parent or guardian for goods or services the individual has received from the department of health or a grantee or contractor of the department. (B) Except as provided in division (C) of this secti... |
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Section 3701.13 | Department of health - powers.
...ous disease. (B)(1) The department of health shall have supervision of all matters relating to the preservation of the life and health of the people and have authority in matters of quarantine and isolation, which it may declare and enforce, when neither exists, and modify, relax, or abolish, when either has been established. (2) Under the authority described in division (B)(1) of this section, the department may... |
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Section 3701.131 | Director of health - duties regarding sickle cell disease.
...The director of health shall: (A) Encourage and assist in the development of programs of education and research pertaining to the causes, detection, and treatment of sickle cell disease and provide for rehabilitation and counseling of persons possessing the trait of or afflicted with this disease; (B) Advise, consult, cooperate with, and assist, by contract or otherwise, agencies of this state and the federal gover... |
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Section 3701.132 | Special supplemental nutrition program for women, infants and children.
...6, as amended. (B) The department of health is hereby designated as the state agency to administer the WIC program. The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code as necessary for administering the WIC program. The rules may include civil money penalties for violations of the rules. (C) In determining eligibility for services provided under the WIC program, the departme... |
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Section 3701.133 | Meningococcal meningitis and hepatitis B information.
...(A) The department of health shall make available on its web site information about the risks associated with meningococcal meningitis and hepatitis B, the availability of vaccines, and the effectiveness of the vaccines. The department shall provide written notice of the availability of meningococcal meningitis and hepatitis B information on the web site to all of the following: (1) Each city, local, exempted ... |
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Section 3701.134 | Director of health to provide means of immunization against chicken pox.
...bly make this possible, the director of health shall provide, for the purpose of section 3313.671 of the Revised Code, the means of immunization against chicken pox to boards of health, legislative authorities of municipal corporations, and boards of township trustees. |
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Section 3701.135 | Autism diagnosis education pilot program.
...hereby established in the department of health. The program shall have the following goals: (1) To educate health care professionals, teachers and other educational personnel, child care providers, parents, early intervention and developmental disabilities providers, and other community-based services providers in this state regarding the diagnosis of autism spectrum disorders, including the range of symptoms... |
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Section 3701.136 | School-based fluoride mouth rinse program.
...(A) The director of health may establish a school-based fluoride mouth rinse program. If the director establishes the program, divisions (B) to (E) of this section are applicable. (B) The director shall conduct a program to educate employees of the department of health and dental hygienists licensed under Chapter 4715. of the Revised Code on how to train employees of, and volunteers for, public and nonpublic ... |
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Section 3701.137 | Promotion of complex regional pain syndrome education.
...ivity to touch. (B) The department of health shall include information on its internet web site to promote complex regional pain syndrome education in a manner that enables individuals to make informed decisions about their health. The information on the web site shall include all of the following: (1) Emerging research regarding the pathophysiology of CRPS; (2) The risk factors that contribute to the manifes... |