reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5168.46 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.46 | Annual Reports.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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 of the Revised Code or certified on that date under Title XVIII or Title XIX;(2) For each hospital, the number of beds in the hospital registered on the preceding first day of May pursuant to section 3701.07 of the Revised Code as skilled nursing facility or long-term care beds or licensed on that date under section 3721.02 or 3721.09 of the Revised Code as nursing home beds.(B) For the purpose of the redetermination under section 5168.48 of the Revised Code and not later than the fifteenth day of each January, report to the department of medicaid, for each nursing home and hospital, the number of beds for which a bed surrender occurred 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.
Ohio Rev Code § 5168.47 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.47 | Determination, Notice, and Payment of Annual Fee.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(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, electronically or by United States postal service, each nursing home and hospital of the amount of the franchise permit fee that has been determined for the nursing home or hospital.(C) Subject to section 5168.48 of the Revised Code, each nursing home and hospital shall pay its fee under section 5168.42 of the Revised Code, as adjusted in accordance with sections 5168.44 and 5168.45 of the Revised Code, to the department in four installment payments not later than forty-five days after the last day of each October, December, March, and June.
Ohio Rev Code § 5168.48 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.48 | Redetermination of Franchise Permit Fees.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(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 hospitals' franchise permit fees under this section, the department shall do both of the following:(1) Provide for the redetermination to be conducted in a manner consistent with the terms of the waiver sought under section 5168.43 of the Revised Code;(2) Recalculate each nursing home's and hospital's franchise permit fee in accordance with division (A) or (B) of section 5168.42 of the Revised Code with the following changes:(a) In the case of a nursing home or hospital for which one or more bed surrenders occurred 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, the number of beds included in the calculation for the purpose of division (A)(1) or (B)(1) of section 5168.42 of the Revised Code shall exclude the beds for which bed surrenders occurred during that period.(b) The number of days used in the calculation under division (A)(2) or (B)(2) of section 5168.42 of the Revised Code shall be the number of days in the first half of the calendar year in which the redetermination is made.(c) The franchise permit fee rate shall reflect adjustments made under sections 5168.44 and 5168.45 of the Revised Code.(C) Not later than the first day of March of each year, the department shall notify, electronically or by United States postal service, each nursing home and hospital of the amount of its redetermined franchise permit fee.(D) Each nursing home and hospital shall pay its redetermined fee to the department in two installment payments not later than forty-five days after the last day of March and June of the calendar year in which the redetermination is made.
Ohio Rev Code § 5168.49 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.49 | Change of Operator; Division of Franchise Permit Fees.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|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 responsible for paying the amount of the fee that is for the part of the fiscal year that ends on the day before the effective date of the change of operator. The entering operator shall be responsible for paying the amount of the fee that is for the part of the fiscal year that begins on the effective date of the change of operator. The department of medicaid is not required to notify the entering operator regarding the amount of that fiscal year's fee for which the entering operator is responsible.
Ohio Rev Code § 5168.50 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.50 | Direct Billing for Franchise Permit Fee Prohibited.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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.
Ohio Rev Code § 5168.51 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.51 | Assessment for Past Due Fee Installment.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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.
Ohio Rev Code § 5168.52 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.52 | Additional Sanctions for Past Due Fee Installment.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(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 nursing facility or hospital until the nursing facility or hospital pays the installment and penalty;(2) Offset 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 nursing facility or hospital;(3) Terminate the nursing facility or hospital's medicaid provider agreement.(B) The department may offset a medicaid payment under division (A) of this section without providing notice to the nursing facility or hospital and without conducting an adjudication under Chapter 119. of the Revised Code.
Ohio Rev Code § 5168.53 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.53 | Appeals.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(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 department not later than fifteen days after the date the department notifies the nursing home or hospital of the fee and must include written materials setting forth the basis for the appeal.(B) If a nursing home or hospital submits a request for an appeal within the time required under division (A) of this section, the department shall hold a public hearing in Columbus not later than thirty days after the date the department receives the request for an appeal. The department shall, not later than ten days before the date of the hearing, notify, electronically or by United States postal service, the nursing home or hospital of the date, time, and place of the hearing. The department may hear all the requested appeals in one public hearing.(C) On the basis of the evidence presented at the hearing or any other evidence submitted by the nursing home or hospital, the department may adjust a fee. The department's decision is final.
Ohio Rev Code § 5168.54 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.54 | Nursing Home Franchise Permit Fee Fund.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(A) There is hereby created in the state treasury the nursing home franchise permit fee fund. All payments and penalties paid by nursing homes and hospitals under sections 5168.47, 5168.48, and 5168.51 of the Revised Code shall be deposited into the fund. The fund shall also consist of money deposited into it pursuant to sections 3769.08 and 3769.26 of the Revised Code. Subject to division (B) of section 3769.08 of the Revised Code, the department of medicaid shall use the money in the fund to make medicaid payments to providers of nursing facility services and providers of home and community-based services. Money in the fund may also be used for the residential state supplement program established under section 5119.41 of the Revised Code. (B) Any money remaining in the nursing home franchise permit fee fund after payments specified in division (A) of this section are made shall be retained in the fund. Any interest or other investment proceeds earned on money in the fund shall be credited to the fund and used to make medicaid payments in accordance with division (A) of this section.
Ohio Rev Code § 5168.55 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.55 | Investigations; Enforcement.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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 Revised Code, except that at the request of the attorney general, the county prosecutor of the county in which a nursing home or hospital that has failed to comply with sections 5168.40 to 5168.56 of the Revised Code is located shall institute and prosecute any necessary action against the nursing home or hospital.
Ohio Rev Code § 5168.56 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.56 | Implementing Provisions.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|The medicaid director shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Prescribe the actions the department of medicaid will take to cease implementation of sections 5168.40 to 5168.56 of the Revised Code if the United States 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.
Ohio Rev Code § 5168.60 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.60 | Definitions for r.c. 5168.60 to 5168.71.

Effective: September 30, 2021|Latest Legislation:  House Bill 110 - 134th General Assembly|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 percentage specified in the "Social Security Act," section 1903(w)(4)(C)(ii), 42 U.S.C. 1396b(w)(4)(C)(ii), that is to be used in determining whether a class of providers is indirectly held harmless for any portion of the costs of a broad-based health-care-related tax. If the indirect guarantee percentage changes during a fiscal year, the indirect guarantee percentage is the following: (1) For the part of the fiscal year before the change takes effect, the percentage in effect before the change; (2) For the part of the fiscal year beginning with the date the indirect guarantee percentage changes, the new percentage. (C) "ICF/IID" has the same meaning as in section 5124.01 of the Revised Code. (D) Except as provided in division (B) of section 5168.62 of the Revised Code, "inpatient days" has the same meaning as in section 5124.01 of the Revised Code. (E) "Medicaid-certified capacity" has the same meaning as in section 5124.01 of the Revised Code. (F) "Provider agreement" has the same meaning as in section 5124.01 of the Revised Code. Last updated September 8, 2021 at 5:24 PM
Ohio Rev Code § 5168.61 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.61 | Icf/iid Quarterly Franchise Permit Fees.

Effective: September 30, 2021|Latest Legislation:  House Bill 110 - 134th General Assembly|The department of developmental disabilities shall do all of the following: (A) Subject to section 5168.64 of the Revised Code and divisions (B) and (C) of this section and for the purposes specified in section 5168.69 of the Revised Code, quarterly assess each ICF/IID a franchise permit fee equal to the product of the following: (1) The franchise permit fee rate; (2) The number of the ICF/IID's inpatient days for the quarter as determined using the monthly reports submitted to the department under section 5168.62 of the Revised Code. (B) If the total amount of the franchise permit fee assessed under division (A) of this section for a fiscal year exceeds the indirect guarantee percentage of the actual net patient revenue for all ICFs/IID for that fiscal year and seventy-five per cent or more of the total number of ICFs/IID receive enhanced medicaid payments or other state payments equal to seventy-five per cent or more of their total franchise permit fee assessments, do both of the following: (1) Recalculate the assessments under division (A) of this section using a per inpatient day rate equal to the indirect guarantee percentage of actual net patient revenue for all ICFs/IID for that fiscal year; (2) Refund the difference between the total amount of the franchise permit fee assessed for that fiscal year under division (A) of this section and the amount recalculated under division (B)(1) of this section as a credit against the assessments imposed under division (A) of this section for the quarters of the subsequent fiscal year. (C)(1) If the United 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. (2) If the United States secretary of health and human services adjusts the indirect guarantee percentage at any time during the fiscal year, adjust the franchise permit fee rate and associated ICF/IID invoices so as not to exceed the indirect guarantee percentage. Last updated August 12, 2021 at 3:41 PM
Ohio Rev Code § 5168.62 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.62 | Monthly Report.

Effective: July 18, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(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 accuracy. (B) If an ICF/IID fails to submit a report for a month, the number of its inpatient days for that month shall be the product of the following: (1) The ICF/IID's medicaid-certified capacity; (2) The number of days in the month.
Ohio Rev Code § 5168.63 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.63 | Determination, Notice and Payment of Quarterly Franchise Permit Fee.

Effective: July 18, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(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 franchise permit fee under section 5168.61 of the Revised Code to the department not later than forty-five days after the last day of each October, January, April, and July.
Ohio Rev Code § 5168.64 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.64 | Consequences of Converting Beds to Providing Home and Community-Based Services.

Effective: July 18, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|If the operator of an ICF/IID converts, pursuant to section 5124.60 or 5124.61 of the Revised Code, all of the ICF/IID's beds 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.
Ohio Rev Code § 5168.65 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.65 | Assessing Penalty for Overdue Installment.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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.
Ohio Rev Code § 5168.66 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.66 | Additional Sanctions for Overdue Installment.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(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/IID until the ICF/IID pays the installment and penalty;(2) Offset 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/IID;(3) Provide for the department of medicaid to terminate the ICF/IID's provider agreement.(B) The department may offset a medicaid payment under division (A) of this section without providing notice to the ICF/IID and without conducting an adjudication under Chapter 119. of the Revised Code.
Ohio Rev Code § 5168.67 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.67 | Appeal of Fee.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(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 materials setting forth the basis for the appeal.(B) If an ICF/IID submits a request for an appeal within the time required under division (A) of this section, the department shall hold a public hearing in Columbus not later than thirty days after the date the department receives the request for an appeal. The department shall, not later than ten days before the date of the hearing, notify, electronically or by United States postal service, the ICF/IID of the date, time, and place of the hearing. The department may hear all requested appeals in one public hearing.(C) On the basis of the evidence presented at the hearing or any other evidence submitted by the ICF/IID, the department may adjust a fee. The department's decision is final.