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Section 5168.01 | [Repealed effective 10/16/2025] Hospital care assurance program definitions.

...ns the twelve-month period used by a hospital in reporting costs for purposes of Title XVIII of the "Social Security Act," 42 U.S.C. 1395 et seq. (C) "Disproportionate share hospital" means a hospital that meets the definition of a disproportionate share hospital in rules adopted under section 5168.02 of the Revised Code. (D) "Federal poverty line" means the official poverty line defined by the United States office...

Section 5168.02 | [Repealed effective 10/16/2025] Adoption of rules.

... Define as a "disproportionate share hospital" any hospital included under the "Social Security Act," section 1923(b), 42 U.S.C. 1396r-4(b), and any other hospital the director determines appropriate; (2) Prescribe the form for submission of cost reports under section 5168.05 of the Revised Code; (3) Establish, in accordance with division (A) of section 5168.06 of the Revised Code, the assessment rate or rates ...

Section 5168.03 | [Repealed effective 10/16/2025] Provisions dependent on assessment as permissible health care-related tax.

...rtment 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 Revised Code that has been paid by the hospital under section 5168.06 or 5168.07 of the Revised Code, plus any investment earnings on that amount.

Section 5168.04 | [Repealed effective 10/16/2025] Program year basis of operation.

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

Section 5168.05 | [Repealed effective 10/16/2025] Submitting financial statement and cost report.

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

Section 5168.06 | [Repealed effective 10/16/2025] Annual assessment.

...the purpose of distributing funds to hospitals under the medicaid program pursuant to sections 5168.01 to 5168.14 of the Revised 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 a...

Section 5168.07 | [Repealed effective 10/16/2025] Requiring governmental hospitals to make intergovernmental transfers.

...of medicaid may require governmental hospitals to make intergovernmental transfers each program year for the purpose of distributing funds to hospitals under the medicaid program pursuant to sections 5168.01 to 5168.14 of the Revised 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 am...

Section 5168.08 | [Repealed effective 10/16/2025] Preliminary determination of assessment.

...ment 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. The department shall consult with hospitals eac...

Section 5168.09 | [Repealed effective 10/16/2025] Methodology to pay hospitals sufficient to expend all money in indigent care pool.

...de establishing a methodology to pay hospitals that is sufficient to expend all money in the indigent care pool. Under the rules: (A) The department of medicaid may classify similar hospitals into groups and allocate funds for distribution within each group. (B) The department shall establish a method of allocating funds to hospitals, taking into consideration the relative amount of indigent care provided by each h...

Section 5168.10 | [Repealed effective 10/16/2025] Prohibiting replacing funds appropriated for medicaid program.

...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 medicaid program.

Section 5168.11 | [Repealed effective 10/16/2025] Hospital care assurance program fund.

...Code, all payments of assessments by hospitals under section 5168.06 of the Revised Code and all intergovernmental transfers under section 5168.07 of the Revised Code shall be deposited in the state treasury to the credit of the hospital care assurance program fund, hereby created. All investment earnings of the hospital care assurance program fund shall be credited to the fund. The department of medicaid shall maint...

Section 5168.13 | [Repealed effective 10/16/2025] Confidentiality.

...Except as specifically required by sections 5168.01 to 5168.14 of the Revised Code, information filed under those sections shall not include any patient-identifying material. Information that includes patient-identifying material is not a public record under section 149.43 of the Revised Code, and no patient-identifying material shall be released publicly by the department of medicaid or by any person under contract ...

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

...(A) Each hospital that receives funds distributed under sections 5168.01 to 5168.14 of the Revised Code shall provide, without charge to the individual, basic, medically necessary hospital-level services to individuals who are residents of this state, are not medicaid recipients, and whose income is at or below the federal poverty line. The medicaid director shall adopt rules under section 5168.02 of the Revised Code...

Section 5168.20 | [Repealed effective 10/1/2025] Definitions for R.C. 5168.20 to 5168.28.

...d Code that is used in calculating a hospital's assessment under section 5168.21 of the Revised Code. (B) "Assessment program year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year. (C) "Cost reporting period" means the period of time used by a hospital in reporting costs for purposes of the medicare program. (D)...

Section 5168.21 | [Repealed effective 10/1/2025] Additional annual assessment.

... hereby imposed an assessment on all hospitals each assessment program year. The amount of a hospital's assessment for an assessment program year shall equal the applicable assessment percentage of the hospital's total facility costs for the period of time specified in division (B) of this section. The amount of a hospital's total facility costs shall be derived from cost-reporting data for the hospital submitted to ...

Section 5168.22 | [Repealed effective 10/1/2025] Preliminary determination of assessment amount.

...ment 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 determination is issued to the hospital. ...

Section 5168.23 | [Repealed effective 10/1/2025] Assessment payment schedule.

...Each hospital shall pay the amount it is assessed under section 5168.21 of the Revised Code in accordance with a payment schedule the department of medicaid shall establish for each assessment program year. The department shall consult with the Ohio hospital association before establishing the payment schedule for any assessment program year. The department shall include the payment schedule in each preliminary deter...

Section 5168.24 | [Repealed effective 10/1/2025] Audit.

...e department of medicaid may audit a hospital to ensure that the hospital properly pays the amount it is assessed under section 5168.21 of the Revised Code. The department shall take action to recover from a hospital any amount the audit reveals that the hospital should have paid but did not pay.

Section 5168.25 | [Repealed effective 10/1/2025] Hospital assessment fund.

...by 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 of the medica...

Section 5168.26 | [Repealed effective 10/1/2025] Excluded costs.

...rules that specify the percentage of hospitals' total facility costs to be used in calculating hospitals' assessments under section 5168.21 of the Revised Code. (B) The rules adopted under this section may do the following: (1) Provide that a hospital's total facility costs for the purpose of the assessment under section 5168.21 of the Revised Code exclude any of the following: (a) A hospital's costs associa...

Section 5168.27 | [Repealed effective 10/1/2025] Implementation shall not cause reduction in federal participation for medicaid program.

...The medicaid director shall implement the assessment imposed by section 5168.21 of the Revised Code in a manner that does not cause a reduction in federal financial participation for the medicaid program under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).

Section 5168.28 | [Repealed effective 10/1/2025] Determination of assessment as impermissible health care-related tax.

...de 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 amount.

Section 5168.40 | Franchise permit fee definitions.

...ed capacity; (2) In the case of a hospital, the removal of a hospital bed from registration under section 3701.07 of the Revised Code as a skilled nursing facility bed or long-term care bed in a manner that reduces the total number of hospital beds registered under that section as skilled nursing facility beds or long-term care beds and makes it impossible for the bed to ever be registered as a skilled nursing fac...

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

... 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) Determine the...

Section 5168.42 | Annual franchise permit fee.

... annual franchise permit fee on each hospital in an amount equal to the franchise permit fee rate multiplied by the product of the following: (1) The number of beds registered pursuant to section 3701.07 of the Revised Code as skilled nursing facility beds or long-term care beds, plus any other beds licensed as nursing home beds under section 3721.02 or 3721.09 of the Revised Code, on the first day of May of t...