Ohio Revised Code Search
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Section 5167.40 | Appointment of temporary manager.
...The department of medicaid shall appoint a temporary manager for a medicaid managed care organization if the department determines that the medicaid managed care organization has repeatedly failed to meet substantive requirements specified in the "Social Security Act," sections 1903(m) and 1932, 42 U.S.C. 1396b(m) and 1396u-2; or 42 C.F.R. 438 Part I. The appointment of a temporary manager does not preclude the... |
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Section 5167.41 | Disenrolling some or all medicaid recipients from MCO plan offered by a managed care organization.
...The department of medicaid may disenroll some or all medicaid recipients from a medicaid MCO plan offered by a medicaid managed care organization if the department proposes to terminate or not to renew the contract entered into under section 5167.10 of the Revised Code and determines that the recipients' access to medically necessary services is jeopardized by the proposal to terminate or not to renew the contract. T... |
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Section 5167.45 | Information about medicaid recipients' races, ethnicities, and primary languages.
...The department of medicaid shall include information about medicaid recipients' races, ethnicities, and primary languages in data the department shares with medicaid managed care organizations. Medicaid managed care organizations shall include this information in the data the organizations share with providers. |
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Section 5167.47 | Compliance with federal mental health and addiction parity laws.
...(A) When contracting with a medicaid managed care organization, the department of medicaid shall require the medicaid managed care organization to provide to medicaid enrollees the same benefits and rights as required under division (B) of section 3902.36 of the Revised Code. (B) The medicaid director shall do both of the following: (1) Implement and enforce division (B) of section 3902.36 of the Revised Code wit... |
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Section 5168.01 | Hospital care assurance program definitions.
...vised by the United States secretary of health and human services pursuant to the "Omnibus Budget Reconciliation Act of 1981," section 673(2), 42 U.S.C. 9902(2). (E) "Governmental hospital" means a county hospital with more than five hundred registered beds or a state-owned and -operated hospital with more than five hundred registered beds. (F)(1) "Hospital" means a nonfederal hospital to which either of the follow... |
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Section 5168.02 | Adoption of rules.
...ram for children and youth with special health care needs established under section 3701.023 of the Revised Code; (3) Medicare beneficiaries; (4) Recipients of Title V of the "Social Security Act," 42 U.S.C. 701 et seq.; (5) Any other category of costs deemed appropriate by the director in accordance with Title XIX of the "Social Security Act," 42 U.S.C. 1396 et seq., and the rules adopted under that title. |
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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... |
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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. |
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Section 5168.05 | Submitting financial statement and cost report.
...be prepared by an independent certified public accountant and reflect an official audit report prepared in a manner consistent with generally accepted accounting principles. The financial statement shall, to the extent that the hospital has sufficient financial records, show bad debt and charity care separately from courtesy care and contractual allowances. (B) Except as provided in division (C) of this section, ea... |
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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 ... |
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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... |
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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. ... |
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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... |
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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... |
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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... |
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Section 5168.13 | Confidentiality.
...s 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 with the department who has access to such information. |
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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.
...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... |
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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 5120.035 | Community-based substance use disorder treatment for qualified prisoners.
...t certified by the department of mental health and addiction services under section 5119.36 of the Revised Code. A community treatment provider is not required to have the provider's halfway house or residential treatment certified by the department of mental health and addiction services. (F) The department of rehabilitation and correction shall adopt rules for the operation of the substance use disorder treatmen... |
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Section 5120.036 | Risk reduction programming and treatment.
...(A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section. (B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing c... |
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Section 5120.037 | Substance abuse recovery prison; feasibility study.
...(A) Not later than June 30, 2016, the department of rehabilitation and correction shall study the feasibility of converting an existing state correctional facility, another existing facility controlled by the department, an existing facility owned by the state or a political subdivision of the state, or an existing facility owned by a private entity into a substance abuse recovery prison. The purpose of the prison wo... |
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Section 5120.038 | GPS monitoring of offenders.
...(A) As used in this section, "GPS-monitored offender" means an offender who, on or after the effective date of this section, is released from confinement in a state correctional institution under a conditional pardon, parole, other form of authorized release, or transitional control that includes global positioning system monitoring as a condition of the person's release, or who, on or after that date, is placed und... |
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Section 5120.04 | Assigning prisoner labor on public works.
... the department to perform labor on any public work of the state. |
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Section 5120.05 | Maintenance and management of institutions.
...The department of rehabilitation and correction may maintain, operate, manage, and govern all state institutions for the custody, control, training, and rehabilitation of persons convicted of crime and sentenced to correctional institutions. The department may designate correctional institutions by appropriate respective names. The department may receive from the department of youth services any children in the cus... |
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Section 5120.051 | Mentally ill and persons with intellectual disabilities who are incarcerated.
...The department of rehabilitation and correction shall provide for the needs of persons with mental illnesses and persons with intellectual disabilities who are incarcerated in state correctional institutions. The department may designate an institution or a unit within an institution for the custody, care, special training, treatment, and rehabilitation of persons with mental illnesses or persons with intellectual di... |
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Section 5120.06 | Divisions of department.
...(A) The following divisions are hereby established in the department of rehabilitation and correction: (1) The division of business administration; (2) The division of parole and community services. (B) The director of rehabilitation and correction may establish offices, divisions in addition to those specified in division (A) of this section, bureaus, and other administrative units within the department of rehabi... |
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Section 5120.07 | Ex-offender reentry coalition.
...al disabilities; (9) The director of public safety; (10) The director of youth services; (11) The chancellor of higher education; (12) A representative or member of the governor's staff; (13) The executive director of the opportunities for Ohioans with disabilities agency; (14) The director of the department of commerce; (15) The executive director of a health care licensing board created under T... |
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Section 5120.08 | Bonds for employees.
...The department of rehabilitation and correction 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 file... |
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Section 5120.09 | Division of business administration - powers and duties.
...Under the supervision and control of the director of rehabilitation and correction, the division of business administration shall do all of the following: (A) Submit the budgets for the several divisions of the department of rehabilitation and correction, as prepared by the respective chiefs of those divisions, to the director. The director, with the assistance of the chief of the division of business adminis... |
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Section 5120.091 | Education services fund.
...There is hereby created in the state treasury the education services fund. The department of rehabilitation and correction shall deposit into the fund all state revenues it receives from the Ohio department of education and workforce. Any money in the fund shall solely be used to pay educational expenses incurred by the department. |
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Section 5120.092 | Adult and juvenile correctional facilities bond retirement fund.
...There is hereby created in the state treasury the adult and juvenile correctional facilities bond retirement fund. The fund shall receive proceeds derived from the sale of state adult or juvenile correctional facilities. Investment income with respect to moneys on deposit in the fund shall be retained by the fund. No investment of moneys in, or transfer of moneys from, the fund shall be made if the effect of the inve... |
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Section 5120.10 | Jail standards.
...Revised Code; (8) Contracting with a public or private agency or a department or political subdivision of the state that operates a licensed halfway house or community residential center for the provision of housing, supervision, and other services to parolees, releasees, persons placed under a residential sanction, persons under transitional control, and other eligible offenders in accordance with section 2967.14... |
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Section 5120.102 | Halfway house facility definitions.
...As used in sections 5120.102 to 5120.105 of the Revised Code: (A) "Private, nonprofit organization" means a private association, organization, corporation, or other entity that is exempt from federal income taxation under section 501(a) and is described in section 501(c) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended. (B) "Governmental agency" means a state agency; a munic... |
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Section 5120.103 | Construction of halfway houses.
...ely affect the exclusion of interest on public obligations or on fractionalized interests in public obligations from gross income for federal income tax purposes, or the classification or qualification of the public obligations or the interest on or fractionalized interests in public obligations for, or their exemption from, other treatment under the Internal Revenue Code. (C) The director of rehabilitation and corr... |
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Section 5120.104 | Acquiring and leasing of capital facilities or sites for use as halfway house.
...(A) It is hereby declared to be a public purpose and an essential governmental function of the state that the department of rehabilitation and correction, in the name of the state and for the use and benefit of the department, purchase, acquire, construct, own, lease, or sublease capital facilities or sites for capital facilities for use as halfway house facilities. (B) The director of rehabilitation and corre... |
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Section 5120.105 | Providing construction services for halfway houses.
...(A) The Ohio facilities construction commission shall provide for the construction of a halfway house facility in conformity with Chapter 153. of the Revised Code, except that construction services may be provided by the department of rehabilitation and correction. (B) The director of rehabilitation and correction may enter into an agreement with a halfway house organization for the management of a halfway ho... |
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Section 5120.11 | Bureau of examination and classification.
..., the bureau shall keep a record of the health, activities, and behavior of each inmate while the inmate is in the custody of the state. The records, including the findings and recommendations of the bureau, shall be made available to the adult parole authority for use in imposing post-release control sanctions under section 2967.28 of the Revised Code or any other section of the Revised Code, in granting parole, and... |
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Section 5120.111 | Rules and forms for community-based correctional facilities and programs.
...With respect to community-based correctional facilities and programs and district community-based correctional facilities and programs authorized under section 2301.51 of the Revised Code, the department of rehabilitation and correction shall do all of the following: (A) Adopt rules, under Chapter 119. of the Revised Code, that serve as criteria for the operation of community-based correctional facilities and... |
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Section 5120.112 | Application for state financial assistance to community-based correctional facilities and programs.
...(A) The division of parole and community services shall accept applications for state financial assistance for the renovation, maintenance, and operation of proposed and approved community-based correctional facilities and programs and district community-based correctional facilities and programs that are filed in accordance with section 2301.56 of the Revised Code. The division, upon receipt of an application for a ... |
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Section 5120.113 | Written reentry plans.
...(A) For each inmate committed to the department of rehabilitation and correction, except as provided in division (B) of this section, the department shall prepare a written reentry plan for the inmate to help guide the inmate's rehabilitation program during imprisonment, to assist in the inmate's reentry into the community, and to assess the inmate's needs upon release. (B) Division (A) of this section does n... |
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Section 5120.114 | Single validated risk assessment tool.
...board ; (12) The department of mental health and addiction services; (13) Halfway houses. (B) For each entity required to use the assessment tool, every employee of the entity who actually uses the tool shall be trained and certified by a trainer who is certified by the department. Each entity utilizing the assessment tool shall develop policies and protocols regarding all of the following activities: (1) Appli... |
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Section 5120.115 | Authorized users; confidentiality of reports.
... confidential information and are not a public record. No person shall disclose any report generated by or data collected in the risk assessment tool except as provided in division (A) of this section. (C) As used in this section, "public record" has the same meaning as in section 149.43 of the Revised Code. |
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Section 5120.13 | Holding funds in trust for inmates.
...n behalf of the state, if it is for the public interest, any grant, gift, devise, or bequest of money or property made to or for the use or benefit of any institution described in section 5120.05 of the Revised Code. The department shall keep such gift, grant, devise, or bequest as a distinct property or fund, and shall invest the same, if in money, in the manner provided by law. The department may deposit in a prope... |