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Section 5124.38 | Process for reconsideration of rates.

...(A) The director of developmental disabilities shall establish a process under which an ICF/IID provider, or a group or association of ICF/IID providers, may seek reconsideration of medicaid payment rates established under this chapter. Except as provided in divisions (B) to (E) of this section, the only issue that a provider, group, or association may raise in the rate reconsideration is whether the rate was calcula...

Section 5124.40 | Adjustment of rates.

...If an ICF/IID provider properly amends a cost report for an ICF/IID under section 5124.107 of the Revised Code and the amended report shows that the provider received a lower medicaid payment rate under the original cost report than the provider was entitled to receive, the department of developmental disabilities shall adjust the provider's rate for the ICF/IID prospectively to reflect the corrected information. The...

Section 5124.41 | Redetermination of rates.

...(A) The department of developmental disabilities shall redetermine a provider's medicaid payment rate for an ICF/IID using revised information if either of the following results in a determination that the provider received a higher medicaid payment rate for the ICF/IID than the provider was entitled to receive: (1) The provider properly amends a cost report for the ICF/IID under section 5124.107 of the Revised Cod...

Section 5124.42 | Additional penalties.

...In addition to the other penalties authorized by this chapter, the department of developmental disabilities may impose the following penalties on an ICF/IID provider: (A) If the provider does not furnish invoices or other documentation that the department requests during an audit within sixty days after the request, a fine of not more than the greater of the following: (1) One thousand dollars per audit; (2)...

Section 5124.43 | Determination of interest rate.

...For the purposes of sections 5124.41 and 5124.42 of the Revised Code, the department of developmental disabilities shall determine the current average bank prime rate using statistical release H.15, "selected interest rates," a weekly publication of the federal reserve board, or any successor publication. If statistical release H.15, or its successor, ceases to contain the bank prime rate information or ceases ...

Section 5124.44 | Deductions.

...(A) Except as provided in division (B) of this section, the department of developmental disabilities shall deduct the following from the next available medicaid payment the department makes to an ICF/IID provider who continues to participate in medicaid: (1) Any amount the provider is required to refund, and any interest charged, under section 5124.41 of the Revised Code; (2) The amount of any penalty imposed...

Section 5124.45 | Deposits to general revenue fund.

...The department of developmental disabilities shall transmit to the treasurer of state for deposit in the general revenue fund amounts collected from the following: (A) Refunds required by, and interest charged under, section 5124.41 of the Revised Code; (B) Penalties imposed under section 5124.42 of the Revised Code.

Section 5124.46 | Adjudications under the administrative procedure act.

...All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code: (A) Any audit disallowance that the department of developmental disabilities makes as the result of an audit under section 5124.109 of the Revised Code; (B) Any medicaid payment deemed an overpayment under section 5124.523 of the Revised Code; (C) Any penalty the department imposes under section 51...

Section 5124.50 | Notice of facility closure or voluntary termination.

...An exiting operator or owner of an ICF/IID participating in the medicaid program shall provide the department of developmental disabilities and department of medicaid written notice of a facility closure or voluntary termination not less than ninety days before the effective date of the facility closure or voluntary termination. The written notice shall be provided to the department of developmental disabilitie...

Section 5124.51 | Notice of change of operator.

...(A) An exiting operator or owner and entering operator shall provide the department of developmental disabilities and department of medicaid written notice of a change of operator if the ICF/IID participates in the medicaid program and the entering operator seeks to continue the ICF/IID's participation. The written notice shall be provided to the department of developmental disabilities and department of medic...

Section 5124.511 | Agreements with entering operators effective on date of change of operator.

...The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met: (A) The department receives a properly completed written notice required by section 5124.51 of the Revised Code on or before the date required by that section. (B) The department receives both ...

Section 5124.512 | Agreements with entering operators effective at a later date.

...(A) The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the date determined under division (B) of this section if all of the following are the case: (1) The department receives a properly completed written notice required by section 5124.51 of the Revised Code. (2) The department receives, from the entering operator and in accordance ...

Section 5124.513 | Entering operator duties under provider agreement.

...A provider that enters into a provider agreement with the department of medicaid under section 5124.511 or 5124.512 of the Revised Code shall do all of the following: (A) Comply with all applicable federal statutes and regulations; (B) Comply with section 5124.07 of the Revised Code and all other applicable state statutes and rules; (C) Comply with all the terms and conditions of the exiting operator's provi...

Section 5124.514 | Exiting operator deemed operator pending change.

...In the case of a change of operator, the exiting operator shall be considered to be the operator of the ICF/IID for purposes of the medicaid program, including medicaid payments, until the effective date of the entering operator's provider agreement if the provider agreement is entered into under section 5124.511 or 5124.512 of the Revised Code.

Section 5124.515 | Provider agreement with operator not complying with prior agreement.

...The department of medicaid may enter into a provider agreement as provided in section 5124.07 of the Revised Code, rather than section 5124.511 or 5124.512 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (C) of section 5124.513 of the Revised Code. The department may not enter into the provider agreement u...

Section 5124.516 | Medicaid reimbursement adjustments; change of operator.

...The director of developmental disabilities may adopt rules under section 5124.03 of the Revised Code governing adjustments to the medicaid reimbursement rate for an ICF/IID that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agree...

Section 5124.517 | Determination that a change of operator has or has not occurred; effect.

...The department of developmental disabilities' determination that a change of operator has or has not occurred for purposes of licensure under section 5123.19 of the Revised Code shall not affect either of the following: (A) A determination by the department of developmental disabilities or department of medicaid of whether or when a change of operator occurs; (B) The department of medicaid's determination of ...

Section 5124.52 | Overpayment amounts determined following notice of closure, etc.

...ates centers for medicare and medicaid services under the medicaid program, including a franchise permit fee. (B) In estimating the exiting operator's other actual and potential debts to the department and the United States centers for medicare and medicaid services under the medicaid program, the department shall use a debt estimation methodology the director of developmental disabilities shall establish in ...

Section 5124.521 | Withholding from medicaid payment due exiting operator.

...ates centers for medicare and medicaid services under the medicaid program. (B) In the case of a change of operator and subject to division (E) of this section, the following shall apply regarding a withholding under division (A) of this section if the exiting operator or entering operator or an affiliated operator executes a successor liability agreement meeting the requirements of division (F) of this secti...

Section 5124.522 | Cost report by exiting operator; waiver.

...(A) Except as provided in division (B) of this section, an exiting operator shall file with the department of developmental disabilities a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect. The cost report shall cover the period that begins with the day after the last day covered by the operator's most recent previous cost report filed under section...

Section 5124.523 | Failure to file cost report; payments deemed overpayments.

...If an exiting operator required by section 5124.522 of the Revised Code to file a cost report with the department of developmental disabilities fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department m...

Section 5124.524 | Final payment withheld pending receipt of cost reports.

...The department of developmental disabilities may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5124.10 and 5124.522 of the Revised Code.

Section 5124.525 | Determination of debt of exiting operator; summary report.

...ates centers for medicare and medicaid services under the medicaid program by completing all final fiscal audits not already completed and performing all other appropriate actions the department determines to be necessary. The department shall issue an initial debt summary report on this matter not later than sixty days after the date the exiting operator files the properly completed cost report required by se...

Section 5124.526 | Release of amount withheld less amounts owed.

...ates centers for medicare and medicaid services under the medicaid program, as follows: (A) Unless the department issues the initial debt summary report required by section 5124.525 of the Revised Code not later than sixty days after the date the exiting operator files the properly completed cost report required by section 5124.522 of the Revised Code, sixty-one days after the date the exiting operator files...

Section 5124.527 | Release of amount withheld on postponement of change of operator.

...The department of developmental disabilities, at its sole discretion, may release the amount withheld under division (A) of section 5124.521 of the Revised Code if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, or voluntary termination and the transactions leading to the change of operator, facility closure, or voluntary termination are...

Section 5101.21 | Written grant agreements between director and county.

...commissioners; (b) A county children services board appointed under section 5153.03 of the Revised Code; (c) A county elected official that is a child support enforcement agency. (2) "County subgrant" means a grant that a county grantee awards to another entity. (3) "County subgrant agreement" means an agreement between a county grantee and another entity under which the county grantee awards the other en...

Section 5101.211 | Written agreements with state agency, university or college or private or government entity.

...The director of job and family services may provide for a grant agreement entered into under section 5101.21 of the Revised Code to have a retroactive effective date of the first day of July of an odd-numbered year if both of the following are the case: (A) The agreement is entered into after that date and before the last day of that July. (B) The board of county commissioners requests the retroactive eff...

Section 5101.212 | Duty of religious organization contracting with department.

...The department of job and family services shall publish in a manner accessible to the public all of the following that concern family services duties for which grants included in grant agreements entered into under section 5101.21 of the Revised Code are awarded: state plans for receipt of federal financial participation, agreements between the department and a federal agency, and executive orders issued by ...

Section 5101.214 | Agreements to enhance county family services duties and workforce development activities.

...The director of job and family services and the director of children and youth may enter into a written agreement with one or more state agencies, as defined in section 117.01 of the Revised Code, and state universities and colleges to assist in the coordination, provision, or enhancement of the family services duties of a county family services agency or the workforce development activities of a local board, as defi...

Section 5101.215 | Agreements with religious organization.

...If the director of job and family services enters into an agreement or contracts with, or issues a grant to, a religious organization under section 5101.214 of the Revised Code, the religious organization shall comply with section 104 of the Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (P.L. 104-193).

Section 5101.216 | Written operational agreements with county for family service duties.

...The director of job and family services and the director of children and youth, as applicable, may enter into one or more written operational agreements with boards of county commissioners to do one or more of the following regarding family services duties: (A) Provide for the directors to amend or rescind a rule the directors previously adopted; (B) Provide for the directors to modify procedures or establish a...

Section 5101.22 | Establishing performance and administrative standards for county agencies.

...The department of job and family services and the department of children and youth, as applicable, may establish performance and other administrative standards for the administration and outcomes of family services duties and determine at intervals the departments decide the degree to which a county family services agency complies with a performance or other administrative standard. The departments may use statistica...

Section 5101.221 | County family services agency corrective action plan.

...on, if the department of job and family services or the department of children and youth determines that a county family services agency has failed to comply with a performance or other administrative standard established under section 5101.22 of the Revised Code or by federal law for the administration or outcome of a family services duty, the department shall require the agency to develop, submit to the department ...

Section 5101.222 | Administrative rules.

...The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code to implement sections 5101.22 to 5101.222 of the Revised Code. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules.

Section 5101.23 | Providing incentive awards to county agencies.

...funds, the department of job and family services and the department of children and youth may provide annual financial, administrative, or other incentive awards to county family services agencies and local areas as defined in section 6301.01 of the Revised Code. A county family services agency or local area may spend an incentive awarded under this section only for the purpose for which the funds are appropriated. T...

Section 5101.24 | Actions for failure to meet performance standards.

...ed Code, the director of job and family services and the director of children and youth determine is appropriate to take action against under division (C) of this section. (B) Regardless of whether a family services duty is performed by a county family services agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of...

Section 5101.241 | Actions for noncompliance with workforce development activity standards or requirements.

.... (B) The department of job and family services may take action under division (C) of this section against the responsible entity, regardless of who performs the workforce development activity, if the department determines any of the following are the case: (1) An entity has failed to comply with the terms and conditions of a grant agreement executed between the department and a local area under section 5101.20 of ...

Section 5101.242 | Certification of claim to recover funds.

...The department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a responsible county grantee or responsible entity to recover any funds that the department determines the responsible county grantee or responsible entity owes the department for actions taken under division (C)(2), (3)...

Section 5101.243 | Administrative rules.

...The director of job and family services and the director of children and youth may adopt rules in accordance with section 111.15 of the Revised Code establishing reporting requirements for family services duties and workforce development activities. If the directors adopt the rules, the directors shall adopt the rules as if they were internal management rules and, before adopting the rules, give the public an opportu...

Section 5101.244 | Adjustment to recover expenditures exceeding allowable amount.

...(A) If the department of job and family services or the department of children and youth determines that a grant awarded to a county grantee in a grant agreement entered into under section 5101.21 of the Revised Code, an allocation, advance, or reimbursement the department makes to a county family services agency, or a cash draw a county family services agency makes exceeds the allowable amount for the grant, allocat...

Section 5101.25 | Developing annual training goals and model training curriculum.

...The department of job and family services, and the department of children and youth in consultation with county representatives, shall develop annual training goals and model training curriculum for employees of county family services agencies and identify a variety of state funded training opportunities to meet the proposed goals.

Section 5101.26 | Disclosure of information definitions.

...s a county department of job and family services or a public children services agency. (C) "Fugitive felon" means an individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing or, in the case ...

Section 5101.27 | Restricting disclosure of information regarding public assistance recipients.

...l law, the department of job and family services, the department of children and youth, and county agencies shall do all of the following: (1) Release information regarding a public assistance recipient for purposes directly connected to the administration of the program to a government entity responsible for administering that public assistance program; (2) Provide information regarding a public assistance rec...

Section 5101.272 | Authorization form.

...(b) If the department of job and family services' privacy notice contains a description of how the individual or authorized representative may revoke the authorization, a reference to that privacy notice. (10) A statement that treatment, payment, enrollment, or eligibility for public assistance cannot be conditioned on signing the authorization unless the authorization is necessary for determining eligibility ...

Section 5101.273 | Membership in the public assistance reporting information system.

...The department of job and family services shall enter into any necessary agreements with the United States department of health and human services and neighboring states to join and participate as an active member in the public assistance reporting information system. The department may disclose information regarding a public assistance recipient to the extent necessary to participate as an active member in the...

Section 5101.28 | Written agreements with law enforcement agencies to exchange, obtain, or share information regarding public assistance recipients.

...est of the department of job and family services or a county agency, a law enforcement agency shall provide information regarding public assistance recipients to enable the department or county agency to determine, for eligibility purposes, whether a recipient or a member of a recipient's assistance group is a fugitive felon or violating a condition of probation, a community control sanction, parole, or a post-releas...

Section 5101.29 | Certain child care records not subject to public records law.

...eld by the department of job and family services, the department of children and youth, or a county agency, the following are not public records for purposes of section 149.43 of the Revised Code: (A) Names and other identifying information regarding children enrolled in or attending a child care center or home subject to licensure or registration under Chapter 5104. of the Revised Code; (B) Names and other ide...

Section 5101.30 | Rules for conditions and procedures for the release of information.

...(A) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code implementing sections 5101.26 to 5101.30 of the Revised Code and governing the custody, use, disclosure, and preservation of the information generated or received by the department of job and family services, county agencies, other state and county entities, contractors, grantees, private entities, ...

Section 5101.32 | Procedures and formats for RC 109.5721 notices.

...(A) The department of job and family services and the department of children and youth shall work with the superintendent of the bureau of criminal identification and investigation to develop procedures and formats necessary to produce the notices described in division (D) of section 109.5721 of the Revised Code in a format that is acceptable for use by the applicable department. Each department may adopt rules in ac...

Section 5101.33 | Electronic benefit transfers.

...red by the department of job and family services under which assistance is provided or service rendered; (4) Any other program, service, or assistance administered by a person or government entity that the department determines may be delivered through the medium of electronic benefit transfer. (B) The department of job and family services may make any payment or delivery of benefits to eligible individuals through...