reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5168.06 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.06 | [Repealed Effective 10/16/2023] Annual Assessment.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(A) 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, 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 according to the rate or rates established each program year in rules adopted under section 5168.02 of the Revised Code. The department shall assess all hospitals uniformly and in a manner consistent with federal statutes and regulations. During any program year, the department shall not assess any hospital more than two per cent of the hospital's total facility costs. The department shall establish an assessment rate or rates each program year that will do both of the following: (1) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce a program of sufficient size to pay a substantial portion of the indigent care provided by hospitals; (2) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce amounts for distribution to disproportionate share hospitals that do not exceed, in the aggregate, the limits prescribed by the United States centers for medicare and medicaid services under the "Social Security Act," section 1923(f), 42 U.S.C. 1396r-4(f). (B)(1) Except as provided in division (B)(3) of this section, each hospital shall pay its assessment in periodic installments in accordance with a schedule established in rules adopted under section 5168.02 of the Revised Code. (2) The installments shall be equal in amount, unless either of the following applies: (a) The department makes adjustments during a program year under division (D) of section 5168.08 of the Revised Code in the total amount of hospitals' assessments; (b) The medicaid director determines that adjustments in the amounts of installments are necessary for the administration of sections 5168.01 to 5168.14 of the Revised Code and that unequal installments will not create cash flow difficulties for hospitals. (3) The director may adopt rules under section 5168.02 of the Revised Code establishing alternate schedules for hospitals to pay assessments under this section in order to reduce hospitals' cash flow difficulties. Last updated September 8, 2021 at 5:09 PM
Ohio Rev Code § 5168.07 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.07 | [Repealed Effective 10/16/2023] Requiring Governmental Hospitals to Make Intergovernmental Transfers.

Effective: October 17, 2019|Latest Legislation:  House Bill 166 - 133rd General Assembly|(A) The department 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 amount that, when combined with hospital assessments paid under section 5168.06 of the Revised Code and federal matching funds, produce amounts for distribution to disproportionate share hospitals that, in the aggregate, exceed limits prescribed by the United States centers for medicare and medicaid services under the "Social Security Act," section 1923(f), 42 U.S.C. 1396r-4(f). (B) Before or during each program year, the department shall notify each governmental hospital of the amount of the intergovernmental transfer it is required to make during the program year. Each governmental hospital shall make intergovernmental transfers as required by the department under this section in periodic installments, executed by electronic fund transfer, in accordance with a schedule established in rules adopted under section 5168.02 of the Revised Code. Last updated September 8, 2021 at 5:11 PM
Ohio Rev Code § 5168.10 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.10 | [Repealed Effective 10/16/2023] Prohibiting Replacing Funds Appropriated for Medicaid Program.

Effective: September 29, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|Except for moneys deposited into the health care/medicaid support and recoveries fund created under section 5162.52 of the Revised Code, the department of medicaid shall not use money paid to the department under sections 5168.06 and 5168.07 of the Revised Code 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. Last updated September 8, 2021 at 5:13 PM
Ohio Rev Code § 5168.13 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.13 | [Repealed Effective 10/16/2023] Confidentiality.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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 with the department who has access to such information. Last updated September 8, 2021 at 5:15 PM
Ohio Rev Code § 5168.21 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.21 | [Repealed Effective 10/1/2023] Additional Annual Assessment.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(A) For the purposes specified in section 5168.25 of the Revised Code and subject to section 5168.28 of the Revised Code, there is 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 the department of medicaid for purposes of the hospital care assurance program. If a hospital has not submitted that cost-reporting data to the department, the amount of a hospital's total facility costs shall be derived from other financial statements that the hospital shall provide to the department as directed by the department. The cost-reporting data or financial statements used to determine a hospital's assessment is subject to the same type of adjustments made to the cost-reporting data under the hospital care assurance program.(B) The period of time specified in this division is the hospital's cost reporting period that ends in the state fiscal year that ends in the federal fiscal year that precedes the federal fiscal year that precedes the assessment program year for which the assessment is imposed.(C) The assessment imposed by this section on a hospital is in addition to the assessment imposed by section 5168.06 of the Revised Code. Last updated September 8, 2021 at 5:17 PM
Ohio Rev Code § 5168.22 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.22 | [Repealed Effective 10/1/2023] Preliminary Determination of Assessment Amount.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(A) Before or during each assessment program year, the department of medicaid shall mail to each hospital by certified mail, return receipt requested, 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 mailed to the hospital.(B) A hospital may request that the department reconsider the preliminary determination mailed to the hospital under division (A) of this section by submitting to the department a written request for a reconsideration not later than fourteen days after the hospital's preliminary determination is mailed to the hospital. The request must be accompanied by written materials setting forth the basis for the reconsideration. On receipt of the timely request, the department shall reconsider the preliminary determination and may adjust the preliminary determination on the basis of the written materials accompanying the request. The result of the reconsideration is the final determination of the hospital's assessment under section 5168.21 of the Revised Code for the assessment program year.(C) The department shall mail to each hospital a written notice of the final determination of its assessment for the assessment program year. A hospital may appeal the final determination to the court of common pleas of Franklin county. While a judicial appeal is pending, the hospital shall pay, in accordance with section 5168.23 of the Revised Code, any amount of its assessment that is not in dispute. Last updated September 8, 2021 at 5:18 PM
Ohio Rev Code § 5168.23 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.23 | [Repealed Effective 10/1/2023] Assessment Payment Schedule.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|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 determination notice the department mails to hospitals under division (A) of section 5168.22 of the Revised Code. Last updated September 8, 2021 at 5:18 PM
Ohio Rev Code § 5168.24 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.24 | [Repealed Effective 10/1/2023] Audit.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|The 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. Last updated September 8, 2021 at 5:19 PM
Ohio Rev Code § 5168.25 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.25 | [Repealed Effective 10/1/2023] Hospital Assessment Fund.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|There is hereby 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 medicaid program, including the program's administrative costs. Last updated September 8, 2021 at 5:19 PM
Ohio Rev Code § 5168.26 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.26 | [Repealed Effective 10/1/2023] Excluded Costs.

Effective: December 31, 2017|Latest Legislation:  House Bill 49 - 132nd General Assembly|(A) The medicaid director shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 5168.20 to 5168.28 of the Revised Code, including 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 associated with providing care to recipients of any of the following:(i) The medicaid program;(ii) The medicare program;(iii) The program for medically handicapped children established under section 3701.023 of the Revised Code;(iv) Services provided under the maternal and child health services block grant established under Title V of the "Social Security Act," 42 U.S.C. 701 et seq.(b) Any other category of hospital costs the director deems appropriate under federal law and regulations governing the medicaid program.(2) Subject to division (C) of this section, provide for the percentage of hospitals' total facility costs used in calculating hospitals' assessments to vary for different hospitals.(C) Before adopting rules authorized by division (B)(2) of this section that establish varied percentages to be used in calculating hospitals' assessments, the director shall obtain a waiver from the United States secretary of health and human services under the "Social Security Act," section 1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), if the varied percentages would cause the assessments to not be imposed uniformly. Last updated September 8, 2021 at 5:20 PM
Ohio Rev Code § 5168.27 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.27 | [Repealed Effective 10/1/2023] Implementation Shall Not Cause Reduction in Federal Participation for Medicaid Program.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|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). Last updated September 8, 2021 at 5:20 PM
Ohio Rev Code § 5168.28 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.28 | [Repealed Effective 10/1/2023] Determination of Assessment as Impermissible Health Care-Related Tax.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|If the United States secretary of health and human services determines that the assessment imposed by section 5168.21 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), the medicaid director shall take all necessary actions to cease implementation of sections 5168.20 to 5168.27 of the Revised Code 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. Last updated September 8, 2021 at 5:21 PM
Ohio Rev Code § 5168.41 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.41 | Determination of Nursing Home and Hospital Long-Term Care Franchise Permit Fee Rate.

Effective: July 1, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(A) The franchise permit fee rate shall be determined for each fiscal year as follows: (1) Determine the estimated total net patient 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 sum of the following:(a) The total number of beds in all nursing homes and hospital long-term care units that are subject to the franchise permit fee for the fiscal year;(b) The total number of nursing home beds that are exempt from the franchise permit fee for the fiscal year because of the waiver obtained pursuant to section 5168.43 of the Revised Code.(5) Divide the quotient determined under division (A)(3) of this section by the sum determined under division (A)(4) of this section.(B) In determining the estimated total net patient revenues for all nursing homes and hospital long-term care units for a fiscal year, the department of medicaid shall use at least all of the following:(1) Information from medicaid cost reports filed under section 5165.10 of the Revised Code that are the most recent at the time the determination is made;(2) The projected total medicaid payment rates for nursing facility services for the fiscal year;(3) The projected total number of medicaid days for the fiscal year.
Ohio Rev Code § 5168.43 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.43 | Waiver of Franchise Permit Fee.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|(A) Not later than four months after July 17, 2009, the department of medicaid shall apply to the United States secretary of health and human services for a waiver under the "Social Security Act," section 1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code: (1) Reduce the franchise permit fee rate to zero dollars for each nursing home licensed under section 3721.02 or 3721.09 of the Revised Code to which either of the following applies:(a) The nursing home:(i) Is exempt from state taxation under section 140.08 of the Revised Code or is exempt from state taxation as a home for the aged as defined in section 5701.13 of the Revised Code;(ii) Is exempt from federal income taxation under section 501 of the Internal Revenue Code of 1986;(iii) Does not participate in medicaid or medicare; and(iv) Provides services for the life of each resident without regard to the resident's ability to secure payment for the services.(b) The nursing home:(i) Has had a written affiliation agreement with a university in this state for education and research related to Alzheimer's disease for each of the twenty years preceding July 17, 2009, and has such an agreement on July 17, 2009;(ii) Was constructed pursuant to a certificate of need granted under Section 3 of Am. Sub. S.B. 256 of the 116th general assembly; and(iii) Does not participate in medicaid or medicare.(2) For each nursing facility with more than two hundred beds certified as nursing facility beds under Title XIX, reduce the franchise permit fee rate for a number of the nursing facility's beds specified by the department to the amount necessary to obtain approval of the waiver sought under this section.(B) The effective date of the waiver sought under this section shall be the first day of the quarter beginning after the United States secretary approves the waiver.
Ohio Rev Code § 5168.44 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.44 | Approval of Waiver; Reduction in Franchise Permit Fee Rate.

Effective: September 29, 2013|Latest Legislation:  House Bill 59 - 130th General Assembly|If the United 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 effect, the department shall determine the amount of the reduction not later than the effective date of the waiver and shall mail to each nursing home and hospital qualifying for the reduction notice of the reduction not later than the last day of the first month of the quarter that begins after the United States secretary approves the waiver. For purposes of subsequent fiscal years, the department shall make such determinations and mail such notices in accordance with section 5168.47 of the Revised Code.
Ohio Rev Code § 5168.45 (2021)
2021 Ohio Revised Code|Title 51 | Public Welfare|Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees|Section 5168.45 | Increase in Franchise Permit Fee Rate.

Effective: September 29, 2015|Latest Legislation:  House Bill 64 - 131st General Assembly|(A) If the United 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 subject to the franchise permit fee, other than a nursing home or hospital that has its franchise permit fee rate reduced under section 5168.44 of the Revised Code, uniformly increase the amount of the franchise permit fee rate for a fiscal year to an amount that will have the franchise permit fee raise an amount of money that does not exceed the amount determined under division (A)(1) of this section for that fiscal year.(B) If the department increases the franchise permit fee rate in accordance with division (A) of this section for the first fiscal year during which the waiver takes effect, the department shall determine the amount of the increase not later than the effective date of the waiver and shall mail to each nursing home and hospital subject to the increase notice of the increase not later than the last day of the first month of the quarter that begins after the United States secretary approves the waiver. If the department increases the franchise permit fee rate in accordance with division (A) of this section for a subsequent fiscal year, the department shall make such determinations and notify the nursing homes and hospitals in accordance with section 5168.47 of the Revised Code.