Ohio Revised Code Search
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Section 5165.86 | Delivery of notices.
...partment of medicaid, the department of health, and any contracting agency shall deliver a written notice, statement, or order to a nursing facility under sections 5165.60 to 5165.66 and 5165.69 to 5165.89 of the Revised Code by certified mail, hand delivery, or other means reasonably calculated to provide prompt actual notice. If the notice, statement, or order is mailed, it shall be addressed to the administrator o... |
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Section 5165.87 | Appeals.
...(A) Except as provided in division (B) of this section, the following remedies are subject to appeal under Chapter 119. of the Revised Code: (1) An order issued under section 5165.71, 5165.72, 5165.77, or 5165.85 of the Revised Code terminating a nursing facility's participation in the medicaid program; (2) Appointment of a temporary manager of a facility under division (A)(1)(b) or (2)(b) of section 5165.72, o... |
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Section 5165.88 | Confidentiality.
...(A)(1) Except as required by court order, as necessary for the administration or enforcement of any statute relating to nursing facilities, or as provided in division (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 ... |
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Section 5165.89 | Hearing on transfer or discharge of resident who medicaid or medicare beneficiary.
...The department of health shall be the designee of the department of medicaid for the purpose of conducting a hearing pursuant to section 3721.162 of the Revised Code concerning a nursing facility's decision to transfer or discharge a resident if the resident is a medicaid recipient or medicare beneficiary. |
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Section 5165.99 | Penalty.
...(A) Whoever violates section 5165.102 or division (E) of section 5165.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund. (... |
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Section 5167.01 | Definitions.
...ection 340B(a)(4)(A)-(K) of the "Public Health Service Act," 42 U.S.C. 256b(a)(4)(A)-(K) that is designated as an active (A)-(K) entity under the health resources and services administration covered entity daily report, and includes any pharmacy under contract with the entity to dispense drugs on behalf of the entity. (B) "Affiliated company" means an entity, including a third-party payer or specialty pharmacy, wit... |
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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. |
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Section 5167.03 | Care management system.
...medicaid recipient participating in the healthy Ohio program established under section 5166.40 of the Revised Code shall participate in the system. (C) Except as otherwise provided in this section, the general assembly's authorization through the enactment of legislation is needed before home and community-based services available under a medicaid waiver component or nursing facility services are included in the c... |
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Section 5167.031 | Recognition of pediatric accountable care organizations.
... shall not require that an entity be a health insuring corporation as a condition of receiving the department's recognition. (2) Any of the following entities may receive the department's recognition, if the standards for recognition have been met: (a) A children's care network; (b) A children's care network that may include one or more other entities, including, but not limited to, health insuring corporati... |
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Section 5167.04 | Inclusion of alcohol, drug addiction, and mental health services in care management system.
...ude alcohol, drug addiction, and mental health services covered by medicaid in the care management system. |
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Section 5167.05 | Inclusion of prescribed drugs in care management system.
...The department of medicaid may include prescribed drugs covered by the medicaid program in the care management system. |
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Section 5167.051 | Coverage of services provided by pharmacist.
...If the medicaid program covers the pharmacist services described in section 5164.14 of the Revised Code, the department of medicaid may include the services in the care management system. |
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Section 5167.09 | Managed care financial dashboard information.
...(5) Pharmacy services; (6) Behavioral health services; (7) All other services. (C) As used in this section, "expansion eligibility group" has the same meaning as in section 5163.01 of the Revised Code. |
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Section 5167.10 | Authority to contract with managed care orgainizations.
...ovide, or arrange for the provision of, health care services to medicaid recipients who are required or permitted to participate in the care management system. |
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Section 5167.101 | Basis of hospital inpatient capital payment portion of payment to medicaid managed care organization.
...(A) Subject to division (B) of this section, the department of medicaid or its actuary shall base the hospital inpatient capital payment portion of the payment made to a medicaid managed care organization on data for services provided to all of the organization's enrollees, as reported by hospitals on relevant cost reports submitted pursuant to rules adopted under section 5167.02 of the Revised Code. (B) The hospit... |
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Section 5167.103 | Performance metrics; publication.
...In addition to the managed care performance payment program created under section 5167.30 of the Revised Code, the department of medicaid shall establish performance metrics that will be used to evaluate and compare how medicaid managed care organizations perform under the contracts entered into under section 5167.10 of the Revised Code. The performance metrics may include financial incentives and penalties. The de... |
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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. |
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Section 5167.12 | Requirements when prescribed drugs are included in care management system.
...ocation on behalf of a community mental health services provider whose mental health services are certified by the department of mental health and addiction services under section 5119.36 of the Revised Code; (c) A certified nurse practitioner, as defined in section 4723.01 of the Revised Code, who is certified in psychiatric mental health by a national certifying organization approved by the board of nursing unde... |
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Section 5167.122 | Disclosure of sources of payment.
...(A) The state pharmacy benefit manager shall, on request from the department of medicaid, disclose to the department all sources of payment it receives for prescribed drugs, including any financial benefits such as drug rebates, discounts, credits, clawbacks, fees, grants, chargebacks, reimbursements, or other payments related to services provided for the medicaid managed care organization. (B) Each medicaid manage... |
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Section 5167.123 | Medicaid MCO contracts with 340B program participants.
...grantee to an individual as a result of health care services provided by the grantee directly to the individual, that is less than the payment rate applied to health care providers that are not 340B grantees; (2) A fee that is not imposed on a health care provider that is not a 340B grantee; (3) A fee amount that exceeds the amount for a health care provider that is not a 340B grantee. (B) The organization, or ... |
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Section 5167.13 | Implementation of coordinated services program for enrollees who abuse prescribed drugs.
...Each medicaid managed care organization shall implement a coordinated services program for the organization's enrollees who are found to have obtained prescribed drugs under the medicaid program at a frequency or in an amount that is not medically necessary. The program shall be implemented in a manner that is consistent with section 1915(a)(2) of the "Social Security Act," 42 U.S.C. 1396n(a)(2), and 42 C.F.R. 431.54... |
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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. |
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Section 5167.15 | Chiropractic services.
...When contracting under section 5167.10 of the Revised Code with a medicaid managed care organization, the department of medicaid shall require the organization to comply with section 5164.061 of the Revised Code as if the organization were the department. This section does not limit the authority of a medicaid managed care organization to implement measures designed to improve quality and reduce costs. |
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Section 5167.16 | Home visits and cognitive behavioral therapy.
...vioral therapy, provided by a community mental health services provider, that is determined to be medically necessary through a depression screening conducted as part of a home visit. (C) A medicaid recipient qualifies to receive the services specified in division (B) of this section if the medicaid recipient is enrolled in the help me grow program, enrolled in the medicaid managed care organization providing or a... |
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Section 5167.17 | Enhanced care management services for pregnant women and women capable of becoming pregnant.
...rtality, as well as improve the overall health status of women capable of becoming pregnant for the purpose of ensuring optimal future birth outcomes. |
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Section 3721.68 | Law enforcement exception.
...Sections 3721.60 to 3721.67 of the Revised Code do not apply if an electronic monitoring device is installed by a law enforcement agency and used solely for a bona fide law enforcement purpose. |
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Section 3721.99 | Penalty.
...(A) If the director of health determines that a violation of sections 3721.01 to 3721.17 of the Revised Code has occurred, the director may do any of the following: (1) Request a licensee to submit an acceptable plan of correction to the director stating all of the following: (a) The actions being taken or to be taken to correct the violation; (b) The time frame for completion of the plan of correction; (... |
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Section 3722.01 | Definitions.
...orate and politic responsible for governmental activities in a geographic area smaller than that of the state. (E) "State university" has the same meaning as in section 3345.12 of the Revised Code. |
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Section 3722.02 | Hospital license requirement; exemptions.
...political subdivision, agency, or instrumentality of this state shall operate a hospital without holding a license issued by the director of health under section 3722.03 of the Revised Code. (C) Division (A) of this section does not apply to any of the following: (1) A hospital operated by the federal government; (2) An ambulatory surgical facility or other health care facility licensed as described in secti... |
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Section 3722.03 | Applications for licensure.
...hospital shall apply to the director of health for a license to operate a hospital. The director of health shall not consider any application for licensure until the date that is one year after the effective date of this section . An application shall be submitted in the form and manner prescribed by the director in rules adopted under section 3722.06 of the Revised Code. (B) To be eligible for a license, an ap... |
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Section 3722.04 | License transfer.
...ew owner shall apply to the director of health for a license transfer. The application shall be submitted to the director in the form and manner prescribed in rules adopted under section 3722.06 of the Revised Code. The new owner is responsible for compliance with any action taken or proposed by the director under section 3722.07 or 3722.08 of the Revised Code. If a notice has been served under sections 119.05 and... |
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Section 3722.05 | Inspections.
...03 of the Revised Code, the director of health may inspect the hospital prior to issuing or denying the applicant a license to operate a hospital. An applicant may avoid such an inspection if the applicant submits with the application a copy of the hospital's most recent final on-site survey report from the federal centers for medicare and medicaid services or an accrediting organization approved under 42 U.S.C. 1395... |
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Section 3722.06 | Rules.
...la, including through the use of environmental facility assessments, the development of water management plans, and the use of disinfection measures; (8) Standards and procedures for data reporting; (9) Standards and procedures for emergency preparedness; (10) Standards and procedures for the provision of technical assistance as described in section 3722.09 of the Revised Code; (11) Standards and procedur... |
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Section 3722.07 | Enforcement.
...of the Revised Code, if the director of health finds that a license holder has violated any requirement of this chapter or the rules adopted under it, the director may do any of the following: (1) Impose a civil penalty of not less than one thousand dollars and not more than two hundred fifty thousand dollars; (2) Require the license holder to submit a plan to correct or mitigate the violation; (3) Suspend a... |
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Section 3722.08 | Imminent threat of harm.
... If, in the judgment of the director of health, an imminent threat of harm exists at any licensed hospital, the director may petition the court of common pleas of the county in which the hospital is located for such injunctive relief as is necessary to close the hospital, suspend a service within the hospital, transfer one or more occupants to other hospitals or other appropriate care settings, or otherwise eliminate... |
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Section 3722.09 | Technical assistance.
...(A) The director of health may provide each licensed hospital with technical assistance in all of the following areas: (1) Infectious diseases, including measures to prevent and control their spread; (2) Quality improvement projects, including health equity and disparities; (3) Population health initiatives; (4) Data analytics; (5) Workforce recruitment and development. (B) The director may engage with on... |
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Section 3722.10 | Hospital governing board.
...Each hospital licensed under this chapter shall have a governing board to oversee the hospital's management, operation, and control. The governing board shall be responsible for overseeing the appointment, reappointment, and assignment of privileges to medical staff as described in section 3701.351 of the Revised Code. |
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Section 3722.11 | Reporting - opioid dependent newborns.
...nursery shall report to the director of health the number of newborns born to residents of this state in the unit or nursery during the preceding calendar quarter that were diagnosed as opioid dependent at birth. The reports shall be submitted not later than thirty days after the end of each quarter and shall not include any patient-identifying information. A third-party organization may report as described in this d... |
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Section 3722.12 | Reporting - diseases, illnesses, conditions, infectious agents, and biological toxins.
...rector of health the contagious, environmental, or infectious diseases, illnesses, or health conditions or unusual infectious agents or biological toxins for which it provides treatment to patients. A third-party organization may report as described in this division on behalf of the hospital. (B) The director shall adopt rules that do all of the following: (1) Specify the diseases, illnesses, conditions, infect... |
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Section 3722.13 | Fees.
...nspections conducted by the director of health and civil penalties collected under this chapter shall be deposited in the state treasury to the credit of the general operations fund created under section 3701.83 of the Revised Code. The moneys shall be used solely for purposes of administering and enforcing this chapter and the rules adopted under it. |
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Section 3722.14 | Transition to 9/30/2024 hospital license requirement.
...From the effective date of this section until the date that is three years after the effective date of this section , the requirements of this chapter apply only to a hospital that has obtained a license to operate issued under section 3722.03 of the Revised Code. Beginning on the date that is three years after the effective date of this section , each hospital is subject to the requirements of this chapter. |
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Section 3722.99 | Penalty for operating without a license.
...Beginning on the date that is three years from the effective date of this section , whoever violates division (B) of section 3722.02 of the Revised Code is guilty of a misdemeanor of the first degree and shall be liable for an additional penalty of one thousand dollars for each day of operation in violation of such division. |
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Section 3723.01 | Radon definitions.
...As used in this chapter: (A) "Radon" means both the radioactive, gaseous element produced by the disintegration of radium, and the short-lived radionuclides that are decay products of radon. (B) "Building" means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors, or roofs, with or without other elements or appurtenances. (C) "Radon test" mea... |
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Section 3723.02 | Radon tester, mitigation specialist or mitigation contractor license required - exceptions.
...ce on radon testing, radon exposure, or health risks related to radon exposure, or hold himself out as providing such advice, without a radon tester or mitigation specialist license. (3) No individual shall provide on-site supervision of radon mitigation, or hold himself out as providing such supervision, without a radon mitigation specialist license. (4) No individual shall provide professional or expert advice on... |
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Section 3723.03 | Time limit on practice by out-of-state licensees.
...tigation contractor, if the director of health finds that the requirements for licensure in that state are comparable to the requirements for licensure under this chapter and the rules adopted under it and the individual, business entity, or government entity provides notice to the director of health, in accordance with rules adopted under section 3723.09 of the Revised Code, prior to commencing practice in this stat... |
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Section 3723.04 | Conditions for performing research without license.
...t any mitigation methods used are experimental and may not be successful. (B) Radon test results obtained pursuant to this section are not valid for use in any contract or legal document as evidence of the presence or absence of radon in the building or real property tested. (C) No licensed radon mitigation specialist shall provide advice regarding radon mitigation on the basis of any radon test performed pursuant ... |
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Section 3723.05 | Using services of radon laboratory.
...rding radon testing, radon exposure, or health risks associated with radon exposure other than through the employment of a licensed radon tester or mitigation specialist; (4) Provide advice regarding radon mitigation or radon entry routes other than through the employment of a licensed radon mitigation specialist. (C) No licensed radon tester, licensed radon mitigation specialist, or licensed radon mitigation contr... |
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Section 3723.06 | Application for license - issuance - biennial renewal.
...(A) The director of health shall license radon testers, mitigation specialists, and mitigation contractors. Each applicant for a license shall submit a completed application to the director on a form the director shall prescribe and furnish. (B) Except as provided in division (F) of this section and in accordance with rules adopted under section 3723.09 of the Revised Code, the director shall issue the appropriate ... |
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Section 3723.07 | Approving training courses and laboratories.
...The director of health shall approve all of the following: (A) Licensure training courses for radon testers and mitigation specialists; (B) Training courses for employees of mitigation contractors; (C) Radon laboratories. Each applicant for approval shall submit a completed application to the director on a form the director shall prescribe and furnish. In accordance with rules adopted under section 3723.09 ... |
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Section 3723.08 | Director of health - powers and duties.
...(A) The director of health shall do all of the following: (1) Administer the radon licensing program established by this chapter and enforce the requirements of this chapter and the rules adopted under it; (2) Examine records of radon testers, mitigation specialists, mitigation contractors, and operators of radon laboratories and training courses approved under section 3723.07 of the Revised Code as he considers ne... |