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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 5123.0415 | Notification of change of address.

...Each person and each government entity that applies for or holds a valid license, certification, or registration issued under section 5123.161, 5123.19, 5123.45, or 5126.25 of the Revised Code shall notify the director of developmental disabilities of any change in the person's or government entity's address.

Section 5123.0416 | Expenditure and allocation of appropriated fees.

...ment of developmental disabilities for medicaid waiver state match, the department shall expend, in fiscal year 2009 and each fiscal year thereafter, not less than the amount appropriated in appropriation item 322-416, medicaid waiver - state match, in fiscal year 2008 to do both of the following: (1) Pay the nonfederal share of medicaid expenditures for home and community-based services that section 5123....

Section 5123.0417 | Programs for person under 22 with intensive behavioral needs.

...r. The programs may include one or more medicaid waiver components that the director administers pursuant to section 5166.21 of the Revised Code. The programs may do one or more of the following: (1) Establish models that incorporate elements common to effective intervention programs and evidence-based practices in services for children with intensive behavioral needs; (2) Design a template for individualized educa...

Section 5123.0418 | Additional uses of funds.

...(A) In addition to other authority granted the director of developmental disabilities for use of funds appropriated to the department of developmental disabilities, the director may use such funds for the following purposes: (1) All of the following to assist persons with developmental disabilities remain in the community and avoid institutionalization: (a) Behavioral and short-term interventions; (b) Residential ...

Section 5123.0419 | Interagency workgroup on autism.

...(A) The director of developmental disabilities shall establish an interagency workgroup on autism. The purpose of the workgroup shall be to improve the coordination of the state's efforts to address the service needs of individuals with autism spectrum disorders and the families of those individuals. In fulfilling this purpose, the director may enter into interagency agreements with the government entities represente...

Section 5123.0420 | Training and certification program for individuals who provide evidence-based interventions to individuals with an autism spectrum disorder.

...As used in this section, "evidence-based intervention" means a prevention or treatment service that has been demonstrated through scientific evaluation to produce a positive outcome. The department of developmental disabilities shall establish a voluntary training and certification program for individuals who provide evidence-based interventions to individuals with an autism spectrum disorder. The department ...

Section 5123.0424 | Reimbursement of travel expenses of official members of workgroups.

...(A) As used in this section: (1) "Official member" means a member of an official workgroup who was appointed by the director of developmental disabilities. (2) "Official workgroup" means a workgroup, task force, council, committee, or similar entity that has been established by the director of developmental disabilities under the director's express or implied statutory authority. (B) Subject to division (C) of ...

Section 5123.05 | Audits of services and programs.

...The department of developmental disabilities may conduct audits of the services and programs that either receive funds through the department or are subject to regulation by the department. Audits shall be conducted in accordance with procedures prescribed by the department. Records created or received by the department in connection with an audit are not public records under section 149.43 of the Revised Code ...

Section 5123.051 | Payment agreements with providers.

...(A) If the department of developmental disabilities determines pursuant to an audit conducted under section 5123.05 of the Revised Code that money is owed the state by a provider of a service or program, the department may enter into a payment agreement with the provider. The agreement shall include the following: (1) A schedule of installment payments whereby the money owed the state is to be paid in full wi...

Section 5123.06 | Divisions of department.

...The director of developmental disabilities may establish divisions in the department of developmental disabilities and prescribe their powers and duties. Each division shall consist of a deputy director and the officers and employees, including those in institutions, necessary for the performance of the functions assigned to it. The director shall supervise the work of each division and be responsible fo...

Section 5123.07 | Bureau of research - duties.

...There may be created in the department of developmental disabilities a bureau of research. The bureau shall: (A) Plan, direct, and coordinate all research programs conducted by the department; (B) Provide continuing evaluation of research programs; (C) Direct and coordinate scientific investigations and studies as undertaken under this section. The department shall institute and encourage scientific investi...

Section 5123.08 | Classified and unclassified appointments.

...An appointing officer may appoint a person who holds a certified position in the classified service within the department of developmental disabilities to a position in the unclassified service within the department. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately pri...

Section 5123.081 | Criminal records check.

... civil or criminal action regarding the medicaid program or a program the department administers. (2) An applicant or employee for whom the responsible entity has obtained reports under this section may submit a written request to the responsible entity to have copies of the reports sent to any state agency, entity of local government, or private entity. The applicant or employee shall specify in the request the ag...

Section 5123.09 | Managing officer of institution - powers and duties.

...Subject to the rules of the department of developmental disabilities, each institution under the jurisdiction of the department shall be under the control of a managing officer to be known as a superintendent or by other appropriate title. The managing officer shall be appointed by the director of developmental disabilities and shall be in the unclassified service and serve at the pleasure of the director. Eac...

Section 5123.091 | Changing purpose and use of institutions.

...The director of developmental disabilities may, by rule and with the approval of the governor, change the purpose for which any institution under the control of the department is being used. The director may designate a new or another use for the institution, provided the change of use and new designation has for its objective improvement in the classification, segregation, care, education, cure, or rehabili...

Section 5123.092 | Citizen's advisory council.

...(A) There is hereby established at each institution and branch institution under the control of the department of developmental disabilities a citizen's advisory council. Each council shall consist of seven members, including parents or other relatives of residents of institutions under the control of the department, community leaders, professional persons in relevant fields, and persons who have an interest in or kn...

Section 5123.093 | Duties of citizen's advisory council.

...The citizen's advisory councils established under section 5123.092 of the Revised Code shall do all of the following: (A) Transmit to the director of developmental disabilities verbal or written information, received from any person or organization associated with the institution or within the community, that an advisory council considers important; (B) Review the records of all applicants to any unclassified posi...

Section 5123.10 | Bond of employees.

...The department of developmental disabilities shall require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond to give a surety company bond, properly conditioned, in a sum to be fixed by the department which, when approved by the department, shall be f...

Section 5123.11 | Residency medical and psychological training programs.

...(A) The director of developmental disabilities may enter into an agreement with the boards of trustees or boards of directors of two or more universities in which there is a college of medicine or college of osteopathic medicine, or of two or more colleges of medicine or colleges of osteopathic medicine, or any combination of those universities and colleges, to establish, manage, and conduct residency medical t...

Section 5123.12 | Residency training programs for students enrolled in appropriate care programs.

...The director of developmental disabilities may enter into an agreement with boards of trustees or boards of directors of one or more universities, colleges, or schools to establish, manage, and conduct residency training programs for students enrolled in courses of studies for occupations or professions which may be determined by the director to be needed by the department to provide adequate care and treatmen...

Section 5123.122 | Support rate.

...Notwithstanding section 5121.04 of the Revised Code and except as provided in section 5123.194 of the Revised Code, the liable relative of a person with a developmental disability who is a minor receiving residential services pursuant to a contract entered into with the department of developmental disabilities under section 5123.18 of the Revised Code shall be charged for the minor's support the percentage of a base ...

Section 5123.13 | Special police officers.

...(A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code. (B)(1) Subject to division (C) of this section, upon the recommendation of the director of developmental disabilities, the managing officer of an institution under the jurisdiction of the department of developmental disabilities may designate one or more employees to be special police officers of the depart...

Section 5123.14 | Investigations.

...The department of developmental disabilities may make such investigations as are necessary in the performance of its duties and to that end the director of developmental disabilities shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of such investigations ...

Section 5123.15 | Appointing special agents and persons.

...The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the: (A) Name; (B) Agency with which suc...

Section 5123.16 | Valid supported living certificate required.

...(A) As used in sections 5123.16 to 5123.1611 of the Revised Code: (1) "Applicant" means any of the following: (a) The chief executive officer of a business that applies under section 5123.161 of the Revised Code for a certificate to provide supported living; (b) The chief executive officer of a business that seeks renewal of the business's supported living certificate under section 5123.164 of the Revised Code; (...

Section 5165.69 | Plan of correction.

...ent may consult with the department of medicaid, department of aging, and office of the state long-term care ombudsman program when determining whether a plan, or modification of an existing plan, to which division (A)(4) of this section applies conforms to the requirements for approval. The department of health has sole authority to make the determination regardless of whether it consults with the other depart...

Section 5165.75 | Imposing remedies and fines.

...e should be imposed, the department of medicaid or a contracting agency shall do both of the following: (1) Impose the remedies that are most likely to achieve correction of deficiencies, encourage sustained compliance with certification requirements, and protect the health, safety, and rights of facility residents, but that are not directed at punishment of the facility; (2) Consider all of the following: (...

Section 5165.88 | Confidentiality.

...(C) of this section, the department of medicaid and any contracting agency shall not release any of the following information without the permission of the individual or the individual's legal representative: (a) The identity of any resident of a nursing facility; (b) The identity of any individual who submits a complaint about a nursing facility; (c) The identity of any individual who provides the departme...

Section 5166.09 | Reservation of participant capacity for individuals related to active duty military who were receiving services in another state.

...Every home and community-based services medicaid waiver component shall reserve a portion of the participant capacity of the waiver for eligible individuals whose spouse or parent or legal guardian is an active duty military service member and, at the time of the service member's transfer to Ohio, the eligible individual was receiving home and community-based services in another state.

Section 5166.403 | Debit swipe cards.

...h of the following: (a) Each dollar of medicaid funds deposited into the participant's buckeye account under division (B) of section 5166.402 of the Revised Code; (b) Each dollar contributed to the participant's buckeye account under divisions (C) and (D) of section 5166.402 of the Revised Code; (c) Each point awarded to the participant under section 5166.404 of the Revised Code. (2) Each time a healthy Ohio prog...

Section 5166.406 | Exhaustion of payout limits.

...red 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 following year if division (B) of section 5166.40 of the Revised Code continues to apply to the participant.

Section 5166.409 | Rules.

...The medicaid director shall adopt rules under section 5166.02 of the Revised Code to do all of the following: (A) For the purpose of division (F)(1)(a) of section 5166.402 of the Revised Code, establish requirements regarding preventative health services for healthy Ohio program participants. The requirements may differ for participants of different ages and genders. (B) For the purpose of division (G)(2) of sectio...

Section 5167.02 | Rules.

...The medicaid director shall adopt rules as necessary to implement this chapter. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

Section 5167.11 | Managed care organization contract to provide grievance process.

...Each medicaid managed care organization shall provide a grievance process for the organization's enrollees in accordance with 42 C.F.R. 438, subpart F.

Section 5167.14 | Data security agreements for managed care organization's use of drug database.

...Each medicaid managed care organization shall enter into a data security agreement with the state board of pharmacy governing the managed care organization's use of the board's drug database established and maintained under section 4729.75 of the Revised Code. This section does not apply if the board no longer maintains the drug database.

Section 5167.17 | Enhanced care management services for pregnant women and women capable of becoming pregnant.

...Each medicaid managed care organization shall provide enhanced care management services for pregnant women and women capable of becoming pregnant in the communities specified in rules adopted under section 3701.142 of the Revised Code. The services shall be provided in a manner intended to decrease the incidence of prematurity, low birth weight, and infant mortality, as well as improve the overall health status of wo...

Section 5167.171 | Uniform prior approval form for progesterone.

...Each medicaid managed care organization shall, if the organization requires practitioners to obtain prior approval before administering progesterone to the organization's enrollees who are pregnant, use a uniform prior approval form for progesterone that is not more than one page.

Section 5167.244 | Violations; penalty.

...ty in an amount to be determined by the medicaid director.

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 5168.11 | Hospital care assurance program fund.

...credited to the fund. The department of medicaid shall maintain records that show the amount of money in the hospital care assurance program fund at any time that has been paid by each hospital and the amount of any investment earnings on that amount. All moneys credited to the hospital care assurance program fund shall be used solely to make payments to hospitals under division (D) of this section and section 5168.0...

Section 5168.13 | Confidentiality.

... released publicly by the department of medicaid or by any person under contract with the department who has access to such information.

Section 5168.21 | Additional annual assessment.

...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 facility costs shall be derived from other financial statements that the hospital shall provide to the department as directed by the department. The cost-reporting data or financial statements used to determin...

Section 5168.22 | Preliminary determination of assessment amount.

...essment 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 the preliminary determinatio...

Section 5168.23 | Assessment payment schedule.

...th 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 determination notice the department issues to hospitals under division (A) of section 5168.22 of the Revised Code...

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

...ection 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 investment earnings on that amoun...

Section 5168.40 | Franchise permit fee definitions.

...ge changes, the new percentage. (J) "Medicaid days" and "nursing facility" have the same meanings as in section 5165.01 of the Revised Code. (K)(1) "Nursing home" means all of the following: (a) A nursing home licensed under section 3721.02 or 3721.09 of the Revised Code, including any part of a home for the aging licensed as a nursing home; (b) A facility or part of a facility, other than a hospital, tha...

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

... 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 reduction not later than the effective da...

Section 5168.45 | Increase in franchise permit fee rate.

... 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 home or hospital that has its franchise perm...

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

...ptember 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, electronically or by United States postal service, ...