reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.95 | Transmission of Court Papers.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
The probate judge, upon making an order institutionalizing a person under this chapter, shall forthwith transmit copies, under the judge's official seal, of court papers in the case, including the certificate of the expert witnesses, and of the judge's findings in the case to the managing officer of the institution for persons with intellectual disabilities.
If not otherwise furnished, the probate judge shall see that each person institutionalized under section 5123.76 of the Revised Code is properly attired for transportation and, in addition, the institution shall be furnished a complete change of clothing for such person, which shall be paid for on the certificate of the probate judge and the order of the county auditor from the county treasury. The clothing shall be new or as good as new. The managing officer of the institution need not receive the person without such clothing.
Upon institutionalization, the managing officer of the institution to which the individual is admitted shall take possession of all money and other valuables that may be upon the person of the individual and shall, within ten days, file a list thereof with the probate judge of the county of which the individual is a resident. If the amount of money is fifty dollars or less it shall be retained and expended by the managing officer of the institution for the benefit of the individual. Unless a guardian of the estate of the individual has already been appointed, the probate judge may, upon the judge's own motion and without notice, appoint a special guardian of the estate of the individual. Any special guardian, before being appointed, shall file a bond approved by the probate judge in the same amount as is required by section 2109.04 of the Revised Code. A special guardian as provided for in this section, and while acting as such, shall be governed by all laws applicable to guardians of the estates of incompetents. The special guardian shall be allowed such compensation for the special guardian's services as the court thinks reasonable, providing the special guardian forthwith performs all the duties incumbent upon the special guardian.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.97 | Record of Probate Judge.

Effective:
July 1, 1975
Latest Legislation:
Senate Bill 336 - 110th General Assembly
In cases of proceedings held under this chapter, the probate judge shall file and preserve all papers filed with him and make such entries upon his docket as, together with the papers so filed, will constitute a complete record of each case determined by him.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5123 | Department of Developmental Disabilities › Section 5123.99 | Penalty.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is guilty of a misdemeanor of the fourth degree or, if the abuse or neglect constitutes a felony, a misdemeanor of the second degree. In addition to any other sanction or penalty authorized or required by law, if a person who is convicted of or pleads guilty to a violation of division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is a developmental disabilities employee, as defined in section 5123.50 of the Revised Code, the offender shall be eligible to be included in the registry regarding misappropriation, abuse, neglect, or other specified misconduct by developmental disabilities employees established under section 5123.52 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.02 | Assumption of Powers and Duties Regarding Medicaid Program's Coverage of Icf/iid Services.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid shall enter into a contract with the department of developmental disabilities under section 5162.35 of the Revised Code that provides for the department of developmental disabilities to assume the powers and duties of the department of medicaid with regard to the medicaid program's coverage of ICF/IID services. The contract shall include a schedule for the assumption of the powers and duties. The contract may provide for the department of medicaid to perform one or more duties of the department of developmental disabilities under sections 5124.50 to 5124.53 of the Revised Code. Except as otherwise authorized by the United States secretary of health and human services, no provision of the contract may violate a federal law or regulation governing the medicaid program.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.03 | Rules.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
To the extent authorized by rules authorized by section 5162.021 of the Revised Code, the director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.05 | Scope of Coverage.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The medicaid program shall cover ICF/IID services when all of the following apply:
(A) The ICF/IID services are provided to a medicaid recipient eligible for the services.
(B) The ICF/IID services are provided by an ICF/IID for which the provider has a valid provider agreement.
(C) Federal financial participation is available for the ICF/IID services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.06 | Eligibility to Enter Into Provider Agreements.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Subject to section 5124.072 of the Revised Code, an ICF/IID operator is eligible to enter into a provider agreement for an ICF/IID if all of the following apply:
(1) The ICF/IID is certified by the director of health for participation in medicaid;
(2) The ICF/IID is licensed by the director of developmental disabilities as a residential facility;
(3) Subject to division (B) of this section, the operator and ICF/IID comply with all applicable state and federal statutes and rules.
(B) A state rule that requires an ICF/IID operator to have received approval of a plan for the proposed ICF/IID pursuant to section 5123.042 of the Revised Code as a condition of the operator being eligible to receive medicaid payments for ICF/IID services the ICF/IID provides does not apply if, under former section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly or section 5123.197 of the Revised Code, a residential facility license was obtained or modified for the ICF/IID without obtaining approval of such a plan.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.07 | Department Provider Agreements; Contents.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in section 5124.072 of the Revised Code, the department of medicaid shall enter into a provider agreement with an ICF/IID operator who applies, and is eligible, for the provider agreement.
(B) A provider agreement shall require the department of developmental disabilities, pursuant to its agreement with the department of medicaid under section 5124.02 of the Revised Code, to make medicaid payments to the provider in accordance with this chapter for ICF/IID services the ICF/IID provides to its residents who are medicaid recipients eligible for ICF/IID services.
(C) A provider agreement shall require the provider to do all of the following:
(1) Maintain eligibility for the provider agreement as provided in section 5124.06 of the Revised Code;
(2) Keep records relating to a cost reporting period for the greater of seven years after the cost report is filed or, if the department of developmental disabilities issues an audit report in accordance with section 5124.109 of the Revised Code, six years after all appeal rights relating to the audit report are exhausted;
(3) File reports as the department of developmental disabilities requires;
(4) Open all records relating to the costs of the ICF/IID's services for inspection and audit by the department of developmental disabilities;
(5) Open its premises for inspection by the department of developmental disabilities, department of health, and any other state or local authority having authority to inspect;
(6) Supply to the department of developmental disabilities such information as it requires concerning the ICF/IID's services to residents who are, or are eligible to be, medicaid recipients;
(7) Comply with section 5124.08 of the Revised Code.
(D) A provider agreement may contain other provisions that are consistent with law and considered necessary by the department of medicaid or the department of developmental disabilities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.071 | Agreements With More Than One Icf/iid.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
An ICF/IID operator may enter into provider agreements for more than one ICF/IID.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.072 | Revalidation of Agreements.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid shall not revalidate an ICF/IID provider agreement if the provider fails to maintain eligibility for the provider agreement as provided in section 5124.06 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.081 | Resident's Cause of Action for Breach.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
An ICF/IID resident has a cause of action against the provider of the ICF/IID for breach of the provider agreement obligations or other duties imposed by section 5124.08 of the Revised Code. The action may be commenced by the resident, or on the resident's behalf by the resident's sponsor, by the filing of a civil action in the court of common pleas of the county in which the ICF/IID is located or in the court of common pleas of Franklin county.
If a court of common pleas finds that a provider has breached a provider agreement obligation or other duty imposed by section 5124.08 of the Revised Code, the court may do one or more of the following:
(A) Enjoin the provider from engaging in the practice;
(B) Order such affirmative relief as may be necessary;
(C) Award to a resident and a sponsor that brings the action on behalf of a resident actual damages, costs, and reasonable attorney's fees.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.102 | Fines Paid Excluded From Reports.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
No ICF/IID provider shall report fines paid under section 5124.99 of the Revised Code in a cost report filed under section 5124.10, 5124.101, or 5124.522 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.103 | Form of Cost Reports.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Cost reports shall be completed using the form prescribed under section 5124.104 of the Revised Code and in accordance with the guidelines established under that section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.104 | Duties of Department.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall do all of the following:
(A) Prescribe the form to be used for completing a cost report and a uniform chart of accounts for the purpose of reporting costs on the form;
(B) Distribute a paper copy of the form, or computer software for electronic submission of the form, to each provider at least sixty days before the date the cost report is due;
(C) Establish guidelines for completing the form.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.105 | Addendum for Disputed Costs.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall develop an addendum to the cost report form that an ICF/IID provider may use to set forth costs that the provider believes the department may dispute. The department may consider such costs in determining an ICF/IID's medicaid payment rate. If the department does not consider such costs in determining an ICF/IID's medicaid payment rate, the provider may seek reconsideration of the determination in accordance with section 5124.38 of the Revised Code. If the department subsequently includes such costs in an ICF/IID's medicaid payment rate, the department shall pay the provider interest at a reasonable rate established in rules adopted under section 5124.03 of the Revised Code for the period that the rate excluded the costs.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.106 | Failure to Timely File Report; Consequences.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) If an ICF/IID provider required by section 5124.10 of the Revised Code to file a cost report for the ICF/IID fails to file the cost report by the date it is due or the date, if any, to which the due date is extended pursuant to division (E) of that section, or files an incomplete or inadequate report for the ICF/IID under that section, the department of developmental disabilities shall do both of the following:
(1) Give written notice to the provider that the provider agreement for the ICF/IID will be terminated in thirty days unless the provider submits a complete and adequate cost report for the ICF/IID within thirty days;
(2) Reduce the per medicaid day payment rate for the provider's ICF/IID by the amount specified in division (B) of this section for the period of time specified in division (C) of this section.
(B) For the purpose of division (A)(2) of this section, an ICF/IID's per medicaid day payment rate shall be reduced by the following amount:
(1) In the case of a reduction made during the period beginning on the effective date of this amendment and ending on the first day of the first fiscal year beginning after the effective date of this amendment, two dollars;
(2) In the case of a reduction made during the first fiscal year beginning after the effective date of this amendment and each fiscal year thereafter, the amount of the reduction in effect on the last day of the fiscal year immediately preceding the fiscal year in which the reduction is made adjusted by the rate of inflation during that immediately preceding fiscal year, as shown in the consumer price index for all items for all urban consumers for the midwest region, published by the United States bureau of labor statistics.
(C) The period of time that an ICF/IID's per medicaid day payment rate is reduced under this section shall begin and end as follows:
(1) The period shall begin on the following date:
(a) The day immediately following the date the cost report is due or to which the due date is extended, as applicable, if the reduction is made because the provider fails to file a cost report by that date;
(b) The day the department gives the provider written notice under division (A)(1) of this section of the proposed provider agreement termination, if the reduction is made because the provider files an incomplete or inadequate cost report.
(2) The period shall end on the last day of the thirty-day period specified in the notice given under division (A)(1) of this section or any additional period allowed for an appeal of the proposed provider agreement termination.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.107 | Amendments to Reports.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) of this section and not later than three years after an ICF/IID provider files a cost report with the department of developmental disabilities under section 5124.10 or 5124.101 of the Revised Code, the provider may amend the cost report if the provider discovers a material error in the cost report or additional information to be included in the cost report. The department shall review the amended cost report for accuracy and notify the provider of its determination.
(B) An ICF/IID provider may not amend a cost report if the department has notified the provider that an audit of the cost report or a cost report of the provider for a subsequent cost reporting period is to be conducted under section 5124.109 of the Revised Code. The provider may, however, provide the department information that affects the costs included in the cost report. Such information may not be provided after the adjudication of the final settlement of the cost report.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.108 | Desk Review.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall conduct a desk review of all cost reports it receives under sections 5124.10, 5124.101, and 5124.522 of the Revised Code. Based on the desk review, the department shall make a preliminary determination of whether the reported costs are allowable costs. The department shall notify each ICF/IID provider of whether any of the reported costs are preliminarily determined not to be allowable costs, the medicaid payment rate determined under this chapter as a result of the determination regarding allowable costs, and the reasons for the determination and resulting rate. The department shall allow the provider to verify the calculation and submit additional information.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.153 | Payment Rate for Services Provided to Resident Who Meets Criteria for Admission to Outlier Icf/iid or Unit.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) To the extent, if any, provided for in rules authorized by this section, the total per medicaid day payment rate determined under section 5124.15 of the Revised Code shall not be paid for ICF/IID services that an ICF/IID not designated as an outlier ICF/IID or unit provides to a resident who meets the criteria for admission to a designated outlier ICF/IID or unit, as specified in rules authorized by section 5124.152 of the Revised Code. Instead, the provider of an ICF/IID providing ICF/IID services to such a resident shall be paid each fiscal year a total per medicaid day payment rate that the department shall prospectively determine in accordance with a methodology established in rules authorized by this section.
(B) The director of developmental disabilities may adopt rules under section 5124.03 of the Revised Code to implement this section. The rules may require that an ICF/IID receive authorization from the department before admitting or retaining a resident who meets the criteria for admission to a designated outlier ICF/IID or unit. If the director adopts such rules, the rules shall specify the criteria and procedures the department will apply when granting the authorization.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.154 | Computing Rate for Services Provided by Developmental Centers.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities is not required to pay the total per medicaid day payment rates determined under section 5124.15 of the Revised Code for ICF/IID services provided by developmental centers. Instead, the department may determine the medicaid payment rates for developmental centers according to the reasonable cost principles of Title XVIII.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.191 | Definition of Icf/iid Resident; Assessment of Residents.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) As used in sections 5124.191 to 5124.193 of the Revised Code, "ICF/IID resident" includes an individual who is on hospital or therapeutic leave from an ICF/IID.
(B) In accordance with rules adopted under section 5124.03 of the Revised Code, the department of developmental disabilities shall assess each ICF/IID resident regardless of payment source and compile complete assessment data on the residents. The department shall perform the initial assessment of an ICF/IID resident. The department may perform a subsequent assessment of an ICF/IID resident under any of the following circumstances:
(1) The provider of the ICF/IID in which the resident resides or from which the resident is on hospital or therapeutic leave has submitted to the department under division (D) of this section revised assessment data for the resident or an attestation of no changes in the resident's assessment data and the department has reason to believe that the revised assessment data or attestation is inaccurate;
(2) The department has reason to believe that the resident's most recent assessment no longer accurately reflects the resident's condition;
(3) The department determines that the resident's most recent assessment should be updated because of the passage of time since that assessment was performed.
(C) If an ICF/IID provider disagrees with the results of an assessment performed by the department under this section, the provider may request that the department reconsider the results in accordance with rules adopted under section 5124.03 of the Revised Code.
(D) After the department assesses an ICF/IID resident under this section, the provider of the ICF/IID in which the resident resides or from which the resident is on hospital or therapeutic leave shall submit to the department, not later than fifteen days after the end of each subsequent calendar quarter and through the medium or media specified in rules adopted under section 5124.03 of the Revised Code, either of the following:
(1) Revised assessment data for the resident if there are changes in the resident's assessment data;
(2) An attestation that there are no changes in the resident's assessment data.
(E) A resident assessment instrument specified in rules adopted under section 5124.03 of the Revised Code shall be used to compile or revise assessment data of ICF/IID residents under this section.
Last updated August 24, 2021 at 2:54 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.193 | Quarterly Determination of Case-Mix Scores.

Effective:
July 1, 2018
Latest Legislation:
House Bill 24 - 132nd General Assembly
(A) Except as provided in division (B) of this section, the department of developmental disabilities shall do both of the following:
(1) For each calendar quarter, determine a case-mix score for each ICF/IID using both of the following:
(a) The most recent (as of the date the determination is made) resident assessment data compiled and revised for the ICF/IID's residents under section 5124.191 of the Revised Code;
(b) The case-mix scores of the ICF/IID's residents as determined under section 5124.192 of the Revised Code.
(2) After the end of each calendar year, determine an annual average case-mix score for each ICF/IID using the ICF/IID's quarterly case-mix scores for that calendar year.
(B)(1) Subject to divisions (B)(2) and (3) of this section, the department, for one or more months of a calendar quarter, may assign to an ICF/IID a case-mix score that is five per cent less than the ICF/IID's case-mix score as of the day immediately preceding the day on which the reduction takes effect if the provider does not timely comply with division (D) of section 5124.191 of the Revised Code.
(2) Subject to division (B)(3) of this section, before assigning a case-mix score to an ICF/IID under division (B)(1) of this section, the department shall permit the provider to come into compliance with division (D) of section 5124.191 of the Revised Code. The department may assign the case-mix score if the provider fails to comply not later than forty-five days after the end of the calendar quarter to which the noncompliance pertains or a later date specified in rules authorized by this section.
(3) The department shall take action under division (B)(1) or (2) of this section only in accordance with rules authorized by this section. The department shall not take an action that affects medicaid payment rates for prior payment periods except in accordance with sections 5124.41 and 5124.42 of the Revised Code.
(C) The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code as necessary to implement this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.194 | Changes to Instructions, Guidelines, or Methodology.

Effective:
July 1, 2018
Latest Legislation:
House Bill 24 - 132nd General Assembly
(A) No change that the department of developmental disabilities makes to either of the following is valid unless the change is applied prospectively and the department complies with division (B) of this section:
(1) The department's instructions or guidelines for the resident assessment instrument used to compile or revise assessment data of ICF/IID residents under section 5124.191 of the Revised Code;
(2) The methodology prescribed in rules authorized by division (C)(1)(b) of section 5124.192 of the Revised Code for calculating assessment scores for the medical, behavioral, and adaptive skills domains on the resident assessment instrument.
(B) Before making a change described in division (A) of this section, the department shall do all of the following:
(1) Notify all ICF/IID providers of the proposed change;
(2) Provide representatives of ICF/IID providers an opportunity to provide the department their concerns about, and suggestions to revise, the proposed change;
(3) In the case of a proposed change described in division (A)(2) of this section, determine that the proposed change is consistent with the documentation of ICF/IID staff time that was used to validate the methodology.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.23 | Per Medicaid Day Other Protected Costs Component Rate.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
For each fiscal year, the department of developmental disabilities shall determine each ICF/IID's per medicaid day other protected costs component rate. An ICF/IID's rate shall be the ICF/IID's desk-reviewed, actual, allowable, per diem other protected costs from the applicable cost report year, adjusted for inflation using the following:
(A) Subject to division (B) of this section, the consumer price index for all urban consumers for nonprescription drugs and medical supplies, as published by the United States bureau of labor statistics;
(B) If the United States bureau of labor statistics ceases to publish the index specified in division (A) of this section, the index that is subsequently published by the bureau and covers nonprescription drugs and medical supplies.
Last updated August 24, 2021 at 2:55 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.24 | Determination of per Medicaid Day Quality Incentive Payment.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) For fiscal year 2022 and each fiscal year thereafter, the department of developmental disabilities shall determine in accordance with division (C) of this section a per medicaid day quality incentive payment for each ICF/IID that earns for the fiscal year at least one point under division (B) of this section.
(B) Each fiscal year beginning with fiscal year 2022, the department, in accordance with rules authorized by this section, shall award to an ICF/IID points for quality indicators the ICF/IID meets for the fiscal year. The quality indicators used under this division shall be based on the recommendations contained in the report submitted to the director of developmental disabilities by the ICF/IID quality indicators workgroup established by Section 261.230 this act .
(C) An ICF/IID's per medicaid day quality incentive payment for a fiscal year shall be the product of the following:
(1) The relative weight point value for the fiscal year as determined under division (D) of this section;
(2) The number of points the ICF/IID was awarded under division (B) of this section for the fiscal year.
(D) The relative weight point value for a fiscal year shall be determined as follows:
(1) For each ICF/IID, determine the product of the following:
(a) The number of inpatient days the ICF/IID had for the applicable cost report year;
(b) The number of points the ICF/IID was awarded under division (B) of this section for the fiscal year.
(2) Determine the sum of all of the products determined under division (D)(1) of this section for the fiscal year;
(3) Determine the amount equal to one per cent of the total desk-reviewed, actual, allowable direct care costs of all ICFs/IID for the applicable cost report year;
(4) Divide the amount determined under division (D)(3) of this section by the sum determined under division (D)(2) of this section.
(E) The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code as necessary to implement this section, including rules that specify or establish all of the following:
(1) The data needed for the department to determine whether an ICF/IID meets the quality indicators specified in division (B) of this section, the medium through which a report of the data is to be submitted to the department, and the date by which the report of the data must be submitted to the department;
(2) Satisfactory evidence needed to determine that an ICF/IID has met the quality indicators;
(3) The method by which ICFs/IID are to be awarded points under division (B) of this section and the number of points that each quality indicator is worth based on the quality indicator's relative importance compared to the other quality indicators.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.25 | Payment of Medicaid Rate Add-on for Outlier Services Provided for Ventilator-Dependent Residents.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Subject to division (D) of this section, the department of developmental disabilities may pay a medicaid rate add-on to an ICF/IID provider for outlier ICF/IID services the ICF/IID provides to qualifying ventilator-dependent residents on or after September 29, 2013, if the provider applies to the department of developmental disabilities to receive the rate add-on and the department approves the application. The department of developmental disabilities may approve a provider's application if both of the following apply:
(1) The provider submits to the department of developmental disabilities a best practices protocol for providing outlier ICF/IID services under this section and the department of developmental disabilities determines that the protocol is acceptable;
(2) The provider and ICF/IID meet all other eligibility requirements for the rate add-on established in rules authorized by this section.
(B) An ICF/IID that has been approved by the department of developmental disabilities to provider outlier ICF/IID services under this section shall provide the services in accordance with both of the following:
(1) The best practices protocol the department of developmental disabilities determined is acceptable;
(2) Requirements regarding the services established in rules authorized by this section.
(C) To qualify to receive outlier ICF/IID services from an ICF/IID under this section, a resident of the ICF/IID must be a medicaid recipient, be dependent on a ventilator, and meet all other eligibility requirements established in rules authorized by this section.
(D) The department of developmental disabilities shall negotiate the amount of the medicaid payment rate add-on, if any, to be paid under this section, or the method by which that amount is to be determined, with the department of medicaid. The department of developmental disabilities shall not pay the rate add-on unless the department of medicaid has approved the amount of the rate add-on or method by which the amount is to be determined.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.26 | Payment of Medicaid Rate Add-on for Outlier Icf/iid Services.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Subject to division (D) of this section, the department of developmental disabilities may pay a medicaid rate add-on to an ICF/IID provider for outlier ICF/IID services the ICF/IID provides to residents identified as needing intensive behavioral support services, if the provider applies to the department to receive the rate add-on and the department approves the application. The department may approve a provider's application if both of the following apply:
(1) The provider submits to the department a best practices protocol for providing outlier ICF/IID services under this section and the department determines that the protocol is acceptable;
(2) The provider meets all other eligibility requirements for the rate add-on established in rules adopted under section 5124.03 of the Revised Code.
(B) An ICF/IID that has been approved by the department to provide outlier ICF/IID services under this section shall provide the services in accordance with both of the following:
(1) The best practices protocol described in division (A)(1) of this section;
(2) Requirements regarding the services established in rules adopted under section 5124.03 of the Revised Code.
(C) To qualify to receive outlier ICF/IID services from an ICF/IID under this section, a resident of the ICF/IID must be a medicaid recipient, be determined to need intensive behavioral support services, and meet all other eligibility requirements established in rules adopted under section 5124.03 of the Revised Code.
(D) The department shall negotiate with the department of medicaid the amount of the medicaid payment rate add-on, if any, to be paid under this section or the method by which that amount is to be determined.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.29 | Limiting Compensation of Owners, Their Relatives, Administrators, and Resident Meals Outside Facility.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Except as otherwise provided in section 5124.30 of the Revised Code, the department of developmental disabilities, in determining whether an ICF/IID's direct care costs and indirect care costs are allowable, shall place no limit on specific categories of reasonable costs other than compensation of owners, compensation of relatives of owners, and compensation of administrators.
Compensation cost limits for owners and relatives of owners shall be based on compensation costs for individuals who hold comparable positions but who are not owners or relatives of owners, as reported on ICFs/IID's cost reports. As used in this section, "comparable position" means the position that is held by the owner or the owner's relative, if that position is listed separately on the cost report form, or if the position is not listed separately, the group of positions that is listed on the cost report form and that includes the position held by the owner or the owner's relative. In the case of an owner or owner's relative who serves the ICFs/IID in a capacity such as corporate officer, proprietor, or partner for which no comparable position or group of positions is listed on the cost report form, the compensation cost limit shall be based on civil service equivalents and shall be specified in rules adopted under section 5124.03 of the Revised Code.
Compensation cost limits for administrators shall be based on compensation costs for administrators who are not owners or relatives of owners, as reported on ICFs/IID's cost reports.
Last updated August 24, 2021 at 2:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.30 | Costs of Goods Furnished by Related Party.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Except as provided in section 5124.17 of the Revised Code, the costs of goods, services, and facilities, furnished to an ICF/IID provider by a related party are includable in the allowable costs of the provider at the reasonable cost to the related party.
Last updated August 24, 2021 at 2:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.31 | Adjustment of Payment Rates.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall adjust medicaid payment rates determined under this chapter to account for reasonable additional costs that must be incurred by ICFs/IID to comply with requirements of federal or state statutes, rules, or policies enacted or amended after January 1, 1992, or with orders issued by state or local fire authorities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.32 | Reduction in Rate Not Permitted.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall not reduce an ICF/IID's medicaid payment rate determined under this chapter on the basis that the provider charges a lower rate to any resident who is not eligible for medicaid.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.33 | No Payment for Day of Discharge.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
No medicaid payment shall be made to an ICF/IID provider for the day a medicaid recipient is discharged from the ICF/IID, unless the recipient is discharged from the ICF/IID because all of the beds in the ICF/IID are converted from providing ICF/IID services to providing home and community-based services pursuant to section 5124.60 or 5124.61 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.34 | Payment for Reserving Beds.

Effective:
October 12, 2016
Latest Legislation:
House Bill 483 - 131st General Assembly
(A) As used in this section, "participation in therapeutic programs" includes visits to potential new residential settings.
(B) The department of developmental disabilities shall pay an ICF/IID provider one hundred per cent of the total per medicaid day payment rate determined for the ICF/IID under this chapter to reserve a bed for a resident who is a medicaid recipient if all of the following apply:
(1) The recipient is temporarily absent from the ICF/IID for a reason that makes the absence qualified for payments under this section as specified in rules authorized by this section;
(2) The resident's plan of care provides for the absence;
(3) Federal financial participation is available for the payments.
(C) The maximum period during which medicaid payments may be made to reserve a bed shall not exceed the maximum period specified in federal regulations and shall not be more than thirty days during any calendar year for hospital stays, visits with relatives and friends, and participation in therapeutic programs. However, a resident shall not be subject to a maximum period during which payments may be made to reserve a bed if prior authorization of the department is obtained for hospital stays, visits with relatives and friends, and participation in therapeutic programs.
(D)(1) The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code as necessary to implement this section, including rules that do the following:
(a) Specify the reasons for which a temporary absence from an ICF/IID makes the absence qualify for payments under this section;
(b) Establish conditions under which prior authorization may be obtained for the purpose of division (C) of this section.
(2) The rules authorized by division (D)(1)(a) of this section shall include the following as reasons for which a temporary absence from an ICF/IID qualifies for payments under this section:
(a) Hospitalization for acute conditions;
(b) Visits with relatives and friends;
(c) Participation in therapeutic programs outside the ICF/IID.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.35 | Timing of Payments After Involuntary Termination.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Medicaid payments may be made for ICF/IID services provided not later than thirty days after the effective date of an involuntary termination of the ICF/IID that provides the services if the services are provided to a medicaid recipient who is eligible for the services and resided in the ICF/IID before the effective date of the involuntary termination.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.37 | Timing of Payments; Calculations.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall make its best efforts each year to determine ICFs/IID's medicaid payment rates under this chapter in time to pay the rates by August fifteenth of each fiscal year. If the department is unable to calculate the rates so that they can be paid by that date, the department shall pay each provider the rate calculated for the provider's ICFs/IID under those sections at the end of the previous fiscal year. If the department also is unable to calculate the rates to make the payments due by the fifteenth day of September and the fifteenth day of October, the department shall pay the previous fiscal year's rate to make those payments. The department may increase by five per cent the previous fiscal year's rate paid for any ICF/IID pursuant to this section at the request of the provider. The department shall use rates calculated for the current fiscal year to make the payments due by the fifteenth day of November.
If an ICF/IID's medicaid payment rate paid under this section is lower than the rate calculated for it for the current fiscal year, the department shall pay the provider the difference between the two rates for the number of days for which the provider is paid the lower rate. If an ICF/IID's medicaid payment rate paid under this section is higher than the rate calculated for it for the current fiscal year, the provider shall refund to the department the difference between the two rates for the number of days for which the provider is paid the higher rate.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.40 | Adjustment of Rates.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
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 department shall pay the adjusted rate beginning two months after the first day of the month after the provider files the amended cost report.
Last updated August 12, 2021 at 2:37 PM