Ohio Revised Code Search
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Section 5168.44 | Approval of waiver; Reduction in franchise permit fee rate.
...ed States secretary of health and human services approves the waiver sought under section 5168.43 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 e... |
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Section 5168.45 | Increase in franchise permit fee rate.
...ed States secretary of health and human services approves the waiver sought under section 5168.43 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 subje... |
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Section 5168.46 | Annual reports.
...The department of health shall do all of the following: (A) For the purpose of the determinations made under divisions (A) and (B) of section 5168.42 of the Revised Code and not later than the first day of each June, report to the department of medicaid 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 ... |
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Section 5168.47 | Determination, notice, and payment of annual fee.
...(A) Not later than the fifteenth day of September 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, electroni... |
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Section 5168.48 | Redetermination of franchise permit fees.
...(A) Not later than the last day of February of each year, the department of 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 hos... |
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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.
...yments to providers of nursing facility services and providers of home and community-based services, and to fund expanding the state ombudsman long-term care program and resident and family surveys at the department of aging, the addition 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 est... |
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Section 5168.55 | Investigations; enforcement.
...The department of medicaid may make any investigation it considers appropriate to obtain information necessary to fulfill its duties under sections 5168.40 to 5168.56 of the Revised Code. At the request of the department, the attorney general shall aid in any such investigations. The attorney general shall institute and prosecute all necessary actions for the enforcement of sections 5168.40 to 5168.56 of the R... |
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Section 5168.56 | Implementing provisions.
...ates centers for medicare and medicaid services determines that the franchise permit fee established by those sections is an impermissible health-care related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w); (B) Establish any requirements or procedures the director considers necessary to implement sections 5168.40 to 5168.56 of the Revised Code. |
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Section 5168.60 | Definitions for R.C. 5168.60 to 5168.71.
...As used in sections 5168.60 to 5168.71 of the Revised Code: (A) Unless modified under division (C)(2) of section 5168.61 of the Revised Code, "franchise permit fee rate" means the following: (1) For fiscal year 2020, twenty-three dollars and ninety-five cents; (2) For fiscal year 2021 and each fiscal year thereafter, twenty-four dollars and eighty-nine cents. (B) "Indirect guarantee percentage" means the perc... |
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Section 5168.61 | ICF/IID quarterly franchise permit fees.
...ed States secretary of health and human services determines that the franchise permit fee established by sections 5168.60 to 5168.71 of the Revised Code would be an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), take all necessary actions to cease implementation of those sections in accordance with rules adopted under section 5168.71 of the Revised Code. ... |
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Section 5168.62 | Monthly report.
...(A) Each ICF/IID shall submit to the department of developmental disabilities a monthly report containing the number of the ICF/IID's inpatient days for that month. A report is due not later than fifteen days after the last day of the month for which it is submitted. Reports shall be submitted to the department in a manner the department shall prescribe. The department may review the data included in a report for acc... |
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Section 5168.63 | Determination, notice and payment of quarterly franchise permit fee.
...(A) Not later than the last day of each October, January, April, and July, the department of developmental disabilities shall notify, electronically or by United States postal service, each ICF/IID of the amount of the quarterly franchise permit fee the ICF/IID has been assessed under section 5168.61 of the Revised Code. (B) Subject to section 5168.64 of the Revised Code, each ICF/IID shall pay its quarterly franch... |
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Section 5168.64 | Consequences of converting beds to providing home and community-based services.
...s to providing home and community-based services and the operator's provider agreement for the ICF/IID is terminated as a consequence, the department of developmental disabilities shall terminate the ICF/IID's franchise permit fee effective on the first day of the quarter immediately following the quarter in which the conversion takes place. |
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Section 5168.65 | Assessing penalty for overdue installment.
...If an ICF/IID fails to pay the full amount of an installment when due, the department of developmental disabilities 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 5168.66 | Additional sanctions for overdue installment.
...(A) In addition to assessing a penalty pursuant to section 5168.65 of the Revised Code, the department of developmental disabilities may do any of the following if an ICF/IID 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 5168.65 of the Revised Code from a medicaid payment due the ICF/... |
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Section 5168.67 | Appeal of fee.
...(A) An ICF/IID may appeal the franchise permit fee imposed under section 5168.61 of the Revised Code solely on the grounds that the department of developmental disabilities committed a material error in determining the amount of the fee. A request for an appeal must be received by the department not later than fifteen days after the date the department notifies the ICF/IID of the fee and must include written material... |
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Section 5168.68 | Home and community-based services for persons with developmental disabilities fund.
...e treasury the home and community-based services for persons with developmental disabilities fund. All installment payments and penalties paid by an ICF/IID under sections 5168.63 and 5168.65 of the Revised Code shall be deposited into the fund. As soon as possible after the end of each quarter, the medicaid director shall certify to the director of budget and management the amount of money that is in the fund as of ... |
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Section 5168.69 | Department of developmental disabilities operating and services fund.
...velopmental disabilities operating and services fund. The fund shall consist of the money transferred to it under section 5168.68 of the Revised Code. The money in the fund shall be used for the expenses of the programs that the department of developmental disabilities administers and the department's administrative expenses. |
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Section 5168.70 | Investigation; enforcement.
...The department of developmental disabilities may make any investigation it considers appropriate to obtain information necessary to fulfill its duties under sections 5168.60 to 5168.71 of the Revised Code. At the request of the department, the attorney general shall aid in any such investigations. The attorney general shall institute and prosecute all necessary actions for the enforcement of sections 5168.60 to... |
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Section 5168.71 | Adoption of rules.
...d States secretary of health and human services determines that the franchise permit fee imposed under section 5168.61 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); (B) Establish any other requirements or procedures the director considers necessary to implement sections 5168.60 to 5168.71 of the Revised Code. |
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Section 5.012 | Display and maintenance of state flag.
...(A) Display of the state flag at all state buildings and public institutions, such as public school buildings and state parks, is encouraged. If the state flag is displayed, it may be flown every day when weather permits and shall be flown from sunrise until sunset on all national and state holidays and on any other days that the governor proclaims. The state flag may be flown at night when properly lighted. When the... |
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Section 5.013 | Pledge to the state flag.
..."I salute the flag of the state of Ohio and pledge to the buckeye state respect and loyalty" is hereby adopted as the official pledge to the state flag. The pledge shall not replace, preempt, or be recited before the pledge of allegiance to the United States flag. |
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Section 5.014 | Procedure for folding state flag.
...The general assembly hereby establishes a recommended procedure for the folding of the state flag by two people. The procedure is as follows: With the flag unfolded, fold the flag in half lengthwise so that the points of the flag are aligned. Fold the flag in half lengthwise a second time to form a long strip with the red disc facing the ground. Next, fold the pointed end back onto itself to form a rectangle. These ... |
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Section 5.015 | Suggested ceremonial procedure for retirement of state flag.
...(A) The general assembly recommends the following ceremonial procedure for the retirement of the state flag, to be followed, voluntarily, with respect and dignity, by civilians and civilian groups or organizations. (B) The ceremony shall consist of three parts: a preamble, a pledge, and the retirement by burning of the separated parts of the state flag. (C) Before the ceremony to retire the state flag, the dedica... |
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Section 5.02 | State flower.
...The scarlet carnation is hereby adopted as the state flower as a token of love and reverence for the memory of William McKinley. |
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Section 5.021 | State wild flower.
...The plant Trillium grandiflorum, commonly known as the large white trillium, found in every Ohio county, is hereby adopted as the state wild flower. |
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Section 5.022 | State airplane.
...The 1905 Wright Flyer III, first flown on June 23, 1905, near Dayton, Ohio, is hereby adopted as the state airplane. |
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Section 5.03 | State bird.
...The bird, cardinalis cardinalis, commonly known as the "cardinal," is the official bird of the state. |
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Section 5.031 | State reptile.
...The snake, Coluber constrictor constrictor, known as the black racer, is the official reptile of the state. |
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Section 5.032 | State animal.
...The animal, Odocoileus virginianus, commonly known as the white-tailed deer, is the official animal of the state. Naming the white-tailed deer as the official animal of the state does not relieve the division of wildlife of its duty to manage the deer population and its distribution. |
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Section 5.033 | State amphibian.
...The salamander, Ambystoma maculatum, commonly known as the spotted salamander, is the official amphibian of the state. |
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Section 5.034 | State frog.
...The frog, Rana catesbeiana, commonly known as the bullfrog, is the official frog of the state. |
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Section 5.036 | Official pet.
...A shelter pet is hereby designated as the official pet of the state to raise public awareness of shelter animals. |
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Section 5.04 | State coat of arms.
...The coat of arms of the state shall consist of the following device: a circular shield; in the right foreground of the shield a full sheaf of wheat bound and standing erect; in the left foreground, a cluster of seventeen arrows bound in the center and resembling in form the sheaf of wheat; in the background, a representation of Mount Logan, Ross county, as viewed from Adena state memorial; over the mount, a rising su... |
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Section 5.05 | State tree [Editorial note: H.B. 65 of the 100th General Assembly, effective 10/2/1953, misspelled the scientific name. The correct spelling is Aesculus glabra.].
...The tree, Aesculus globra, commonly known as the "Buckeye" is hereby adopted as the official tree of the state. |
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Section 5.06 | State motto.
..."With God, All Things Are Possible" shall be adopted as the official motto of the state. |
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Section 5.07 | State gem stone.
...The gem stone "Ohio Flint," a crypto-crystalline variety of quartz, is hereby adopted as the official gem stone of the state. |
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Section 5.071 | State invertebrate fossil.
...Isotelus, a genus of extinct marine arthropod of the class Trilobita, that lived in the seas that covered Ohio during the Ordovician period, about four hundred forty million years ago, and represented by the largest known complete trilobite, collected at Huffman dam in Montgomery county, is hereby adopted as the official invertebrate fossil of the state. |
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Section 5.072 | State bicentennial bridge.
...The Blaine Hill bridge in Belmont county, which was constructed in 1828 as part of the national road and is the oldest bridge in the state, is hereby designated the bicentennial bridge of the state. |
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Section 5.073 | State prehistoric monument.
...The Newark earthworks in Licking county, which are geometric earthen enclosures constructed during the prehistoric time period, are hereby designated the official prehistoric monument of the state. |
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Section 5.074 | Official historical architectural structure.
...The barn, an agricultural building located on farms and used for many purposes, is hereby designated the official historical architectural structure of the state. |
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Section 5.075 | State artifact.
...The artifact known as the Adena pipe, which is a prehistoric effigy pipe that was discovered in 1901 by William C. Mills within a burial mound near Chillicothe and that was created by the ancient Adena culture from native Ohio pipestone, is adopted as the official state artifact. |
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Section 5.076 | All-American soap box derby.
...The All-American Soap Box Derby, a youth racing program established in 1934 and located in Akron, is hereby adopted as the official gravity racing program of the state. |
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Section 5.077 | Official state penal museum.
...The museum located on the grounds of the Ohio state reformatory, operated by the Mansfield reformatory preservation society, is the official state penal museum. |
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Section 5.078 | State fossil fish.
...Dunkleosteus terrelli, a species of extinct arthrodire placoderm fish that lived in the seas that covered parts of Ohio during the Late Devonian period, about three hundred fifty-nine to three hundred eighty-two million years ago, is hereby adopted as the official fossil fish of the state. |