Ohio Revised Code Search
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Section 5168.78 | Documentation.
...The department of medicaid may request that a health insuring corporation provide the department documentation the department needs to verify the amount of the franchise fees imposed on the health insuring corporation plans administered by the corporation and to ensure the corporation's compliance with sections 5168.75 to 5168.86 of the Revised Code. On receipt of the request, the health insuring corporation shall pr... |
Section 5168.79 | Determination of higher fee.
...If the department of medicaid determines that the amount of a franchise fee that a health insuring corporation paid is less than the amount it should have paid, the department shall notify the health insuring corporation. Except as otherwise provided by the results of a reconsideration conducted under section 5168.80 of the Revised Code, the health insuring corporation shall pay the amount due. |
Section 5168.80 | Request for reconsideration.
...A health insuring corporation may request a reconsideration of a determination made by the department of medicaid under section 5168.79 of the Revised Code. A reconsideration may be requested solely on the grounds that the department made a material error in making the determination. A request for a reconsideration must be received by the department not later than fifteen days after the date the department notifies t... |
Section 5168.81 | Penalty for overdue payments.
...If a health insuring corporation fails to pay the full amount of a component of a franchise fee when due, the department of medicaid may assess a ten per cent penalty on the amount due for each month or fraction thereof that the component of the franchise fee is overdue. |
Section 5168.82 | Waiver required.
...The franchise fee shall not be imposed on any health insuring corporation plan unless there is in effect a waiver authorizing the franchise fee issued by the United States secretary of health and human services pursuant to section 1903(w)(3)(E) of the "Social Security Act," 42 U.S.C. 1396b(w)(3)(E). |
Section 5168.83 | Refunds.
...If the total amount of franchise fees imposed on all health insuring corporation plans under section 5168.76 of the Revised Code during a fiscal year exceeds the indirect guarantee percentage of the net patient revenue for all health insuring corporations for that fiscal year and seventy-five per cent or more of all health insuring corporations receive enhanced medicaid payments or other state payments equal to seven... |
Section 5168.84 | Modification or cessation.
...If the United States centers for medicare and medicaid services determines that the franchise fee is an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), the department of medicaid shall do either of the following as appropriate: (A) Modify the imposition of the franchise fee, including (if necessary) the amount of the franchise fee, in a manner needed for ... |
Section 5168.85 | Health insuring corporation franchise fee fund.
...(A) There is hereby created in the state treasury the health insuring corporation franchise fee fund. All payments and penalties paid by health insuring corporations under sections 5168.77, 5168.79, and 5168.81 of the Revised Code shall be deposited into the fund. money in the fund shall be used to make medicaid payments to medicaid providers and medicaid managed care organizations. (B) Any interest or other investm... |
Section 5168.86 | Implementation.
...The medicaid director may adopt rules in accordance with Chapter 119. as necessary to implement sections 5168.75 to 5168.86 of the Revised Code. |
Section 5168.90 | Quarterly report to JMOC.
... for each of the following: (a) The hospital assessment established under section 5168.21 of the Revised Code; (b) The nursing home and hospital long-term care unit franchise permit fee under section 5168.41 of the Revised Code; (c) The ICF/IID franchise permit fee under section 5168.61 of the Revised Code; (d) The health insuring corporation franchise fee under section 5168.76 of the Revised Code. (2) If t... |
Section 5168.99 | [Repealed effective 10/16/2025] Penalties.
... impose a penalty for each day that a hospital fails to report the information required under section 5168.05 of the Revised Code on or before the dates specified in that section. The amount of the penalty shall be established by the director in rules adopted under section 5168.02 of the Revised Code. (B) In addition to any other remedy available to the department of medicaid under law to collect unpaid assessments ... |
Section 5168.991 | [Repealed effective 10/16/2025] Offsetting unpaid penalty.
...f medicaid may offset the amount of a hospital's unpaid penalty imposed under section 5168.99 of the Revised Code from one or more payments due the hospital under the medicaid program. The total amount that may be offset from one or more payments shall not exceed the amount of the unpaid penalty. |
Section 749.01 | Legislative authority may levy tax to compensate free public hospital.
...maintains and furnishes a free public hospital for the benefit of the inhabitants of the municipal corporation, or not free except to such inhabitants as, in the opinion of a majority of the trustees of such hospital, are unable to pay. Such payment shall be compensation for the use and maintenance of such hospital. Without change or interference in the organization of such corporation or association, the legislative... |
Section 749.02 | Legislative authority may agree with a corporation for hospital service.
... for the erection and management of a hospital suitably located for the treatment of persons of such municipal corporation who are sick or have disabilities, or for an addition to such hospital, and for a permanent interest therein to such extent and upon such terms as are agreed upon between them, and the legislative authority shall provide for the payment of the amount agreed upon for such interest, either in one p... |
Section 749.021 | Submission of question to electors.
...Upon the execution of the agreement provided for in section 749.02 of the Revised Code the legislative authority of the municipal corporation shall submit to the electors thereof, at the next general election occurring not less than ninety days after the certification of the resolution to the board of elections, the question of the ratification of such agreement, and if the sum to be paid by the municipal corpo... |
Section 749.03 | Health facility in another municipal corporation.
..." means both of the following: (1) A hospital, as defined in section 3727.01 of the Revised Code; (2) A facility other than a hospital, as defined in section 3727.01 of the Revised Code, where medical care and preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services are provided to outpatients by or under the direction of a physician or dentist. (B) The legislative authority of a munici... |
Section 749.04 | Board of hospital commissioners.
...propriated, or otherwise obtained for hospital purposes, and, by resolution or ordinance, determines to erect thereon or rebuild a hospital, the erection and repair thereof or any addition thereto shall be vested in the board of hospital commissioners, as established under this section. Such board shall consist of the mayor and at least three trustees to be appointed by the mayor with the consent of the legis... |
Section 749.05 | Terms of office; vacancies; quorum.
...he appointed members of the board of hospital commissioners shall be four years, but the members first appointed shall hold their offices, respectively, as determined by lot at the first meeting of the board, for the periods of one, two, three, and four years, and thereafter one member shall be appointed each year for the full term of four years. The mayor with the consent of the legislative authority shall fi... |
Section 749.06 | Powers of board - compensation of appointees.
...The board of hospital commissioners may appoint a clerk, an architect, a superintendent, and other necessary employees, fix their compensation, adopt a suitable plan for the hospital, and make all contracts for the erection and furnishing thereof. The salaries of appointees and the plan of the hospital, before any contract for such hospital's erection is entered into, shall be submitted to and approved by the legisla... |
Section 749.07 | Regular meetings, records, adoption of rules.
...The board of hospital commissioners shall hold regular meetings at such time and place as is agreed upon, and shall keep a complete record of its proceedings. No contract which the board enters into shall be valid until concurred in at a regular meeting by a majority of all the members thereof, and such concurrence entered on the minutes of its proceedings. Members of the board of hospital commissioners may attend ... |
Section 749.08 | Management and control of hospitals by board.
...(A) The board of hospital commissioners shall have the entire management and control of a hospital erected under sections 749.02 to 749.14 of the Revised Code, when completed and ready for use, and shall assume and continue the operation of the hospital. Subject to the ordinances of the legislative authority of the municipal corporation, the board shall establish rules for the hospital's government, and the admission... |
Section 749.081 | Contract for secured line of credit.
... the Revised Code. (B) The board of hospital commissioners may enter into a contract for a secured line of credit with a bank if the contract meets all of the following requirements: (1) The term of the contract does not exceed one hundred eighty days; (2) The board's secured line of credit does not exceed five hundred thousand dollars; (3) The contract provides that any amount extended must be repaid in full... |
Section 749.082 | Director of public safety to control hospital - employee benefits and recruitment.
...) The following apply to the board of hospital commissioners in relation to its employees and the employees of a hospital erected under sections 749.02 to 749.14 of the Revised Code, subject to the ordinances of the legislative authority of the municipal corporation: (1) The board may adopt the wage and salary schedule for employees. (2) The board may employ the hospital's administrator pursuant to section 749.08... |
Section 749.083 | Hospital administrator - powers and duties.
...(A) The board of hospital commissioners shall provide for the administration of the hospital by directly employing a hospital administrator or by entering into a contract for the management of the hospital under which an administrator is provided. When an administrator is employed directly, the board shall adopt a job description delineating the administrator's powers and duties and the board may pay the administrato... |
Section 749.084 | Construction, acquisition, or lease of property by board.
...The board of hospital commissioners may do any of the following if the board determines that the action is reasonably related to the operation of the hospital: (A) Construct an addition to the hospital under the powers vested the board under section 749.04 of the Revised Code; (B) Acquire an existing structure for the purpose of leasing office space to local physicians; (C) Lease real property to any person to con... |