reglab/statecodes huggingface dataset:
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.68 | Home and Community-Based Services for Persons With Developmental Disabilities Fund.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
There is hereby created in the state treasury the home and community-based services for persons with developmental disabilities fund. All installment payments and penalties paid by an ICF/IID under sections 5168.63 and 5168.65 of the Revised Code shall be deposited into the fund. As soon as possible after the end of each quarter, the medicaid director shall certify to the director of budget and management the amount of money that is in the fund as of the last day of that quarter. On receipt of a certification, the director of budget and management shall transfer the amount so certified from the home and community-based services for persons with developmental disabilities fund to the department of developmental disabilities operating and services fund created under section 5168.69 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.69 | Department of Developmental Disabilities Operating and Services Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
There is hereby created in the state treasury the department of developmental disabilities operating and services fund. The fund shall consist of the money transferred to it under section 5168.68 of the Revised Code. The money in the fund shall be used for the expenses of the programs that the department of developmental disabilities administers and the department's administrative expenses.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.70 | Investigation; Enforcement.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities may make any investigation it considers appropriate to obtain information necessary to fulfill its duties under sections 5168.60 to 5168.71 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 5168.60 to 5168.71 of the Revised Code, except that at the request of the attorney general, the county prosecutor of the county in which an ICF/IID that has failed to comply with those sections is located shall institute and prosecute any necessary action against the ICF/IID.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.71 | Adoption of 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 to do both of the following:
(A) Prescribe the actions the department of developmental disabilities will take to cease implementation of sections 5168.60 to 5168.71 of the Revised Code if the United States secretary of health and human services determines that the franchise permit fee imposed under section 5168.61 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);
(B) Establish any other requirements or procedures the director considers necessary to implement sections 5168.60 to 5168.71 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.76 | Franchise Fee on Health Insuring Corporation Plans.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) For the purposes specified in section 5168.85 of the Revised Code and subject to sections 5168.82, 5168.83, and 5168.84 of the Revised Code, a franchise fee is hereby imposed each month beginning with July 2017 on each health insuring corporation plan. The franchise fee shall have a component based on Ohio medicaid member months and another component based on other Ohio member months.
(B) The department of medicaid shall determine the amount of  the monthly franchise fee to be imposed on a health insuring  corporation plan under the component based on Ohio medicaid member  months. The determination shall be made as part of the process of  determining the annual capitated payment rates to be paid to  medicaid managed care organizations under the care management  system. The following rates shall be used as part of the  determination:
CUMULATIVE TOTAL NUMBER OF OHIO MEDICAID MEMBER MONTHS
APPLICABLE RATE
For the first 250,000
$56
For 250,001 to 500,000
$45
For 500,001 and above
$26
(C) The amount of the monthly franchise fee to be imposed on a health insuring corporation plan under the component based on other Ohio member months shall be determined by multiplying the number of other Ohio member months that the health insuring corporation plan had for the month by the applicable rate or rates. The applicable rate or rates to be used in the calculation for a health insuring corporation plan for a month shall depend on the cumulative total number of other Ohio member months the health insuring corporation plan had for all of a rate year's months that ended before the beginning of the month in which the franchise fee is due.
The following table shows the applicable rate or rates:
CUMULATIVE TOTAL NUMBER OF OTHER OHIO MEMBER MONTHS
APPLICABLE RATE
For the first 150,000
$2
For 150,001 and above
$1
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.77 | Component Due Dates.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The component of the monthly franchise fee based on Ohio medicaid member months is due not later than the fifth business day of the month immediately following the month for which it is imposed. The component of the monthly franchise fee based on other Ohio member months is due not later than the last day of September of the calendar year in which the rate year ends, and the total amount due under that component for all of the months of the rate year shall be paid in one payment.
If a health insuring corporation administers multiple health insuring corporation plans, the corporation shall pay the total amount due for all of the plans under the component of the franchise fee based on Ohio medicaid member months in one payment and pay the total amount due for all of the plans under the component of the franchise fee based on other Ohio member months in one payment.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.78 | Documentation.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The department of medicaid may request that a health insuring corporation provide the department documentation the department needs to verify the amount of the franchise fees imposed on the health insuring corporation plans administered by the corporation and to ensure the corporation's compliance with sections 5168.75 to 5168.86 of the Revised Code. On receipt of the request, the health insuring corporation shall provide the department the requested documentation. The department also may review relevant documentation possessed by other entities for the purpose of making such verifications.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.79 | Determination of Higher Fee.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If the department of medicaid determines that the amount of a franchise fee that a health insuring corporation paid is less than the amount it should have paid, the department shall notify the health insuring corporation. Except as otherwise provided by the results of a reconsideration conducted under section 5168.80 of the Revised Code, the health insuring corporation shall pay the amount due.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.80 | Request for Reconsideration.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
A health insuring corporation may request a reconsideration of a determination made by the department of medicaid under section 5168.79 of the Revised Code. A reconsideration may be requested solely on the grounds that the department made a material error in making the determination. A request for a reconsideration must be received by the department not later than fifteen days after the date the department notifies the health insuring corporation of the department's determination and must include written materials setting forth the basis for the reconsideration. If a health insuring corporation requests a reconsideration within the time required, the department shall reconsider the determination and issue a final decision not later than thirty days after the date the department receives the request.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.81 | Penalty for Overdue Payments.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If a health insuring corporation fails to pay the full amount of a component of a franchise fee when due, the department of medicaid may assess a ten per cent penalty on the amount due for each month or fraction thereof that the component of the franchise fee is overdue.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.82 | Waiver Required.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The franchise fee shall not be imposed on any health insuring corporation plan unless there is in effect a waiver authorizing the franchise fee issued by the United States secretary of health and human services pursuant to section 1903(w)(3)(E) of the "Social Security Act," 42 U.S.C. 1396b(w)(3)(E).
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.83 | Refunds.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If the total amount of franchise fees imposed on all health insuring corporation plans under section 5168.76 of the Revised Code during a fiscal year exceeds the indirect guarantee percentage of the net patient revenue for all health insuring corporations for that fiscal year and seventy-five per cent or more of all health insuring corporations receive enhanced medicaid payments or other state payments equal to seventy-five per cent or more of the total franchise fees imposed on their health insuring corporation plans, the department of medicaid shall refund the excess amount of the franchise fees to the health insuring corporations.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.84 | Modification or Cessation.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
If the United States centers for medicare and medicaid services determines that the franchise fee is an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), the department of medicaid shall do either of the following as appropriate:
(A) Modify the imposition of the franchise fee, including (if necessary) the amount of the franchise fee, in a manner needed for the United States centers to reverse its determination;
(B) Take all necessary actions to cease the imposition of the franchise fee until the determination is reversed.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.85 | Health Insuring Corporation Franchise Fee Fund.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) There is hereby created in the state treasury the health insuring corporation franchise fee fund. All payments and penalties paid by health insuring corporations under sections 5168.77, 5168.79, and 5168.81 of the Revised Code shall be deposited into the fund. money in the fund shall be used to make medicaid payments to medicaid providers and medicaid managed care organizations.
(B) Any interest or other 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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.86 | Implementation.

Effective:
June 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The medicaid director may adopt rules in accordance with Chapter 119. as necessary to implement sections 5168.75 to 5168.86 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.90 | Quarterly Report to Jmoc.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) At least quarterly, the medicaid director shall report to the members of the joint medicaid oversight committee and the executive director of the joint medicaid oversight committee both of the following:
(1) The fee rates and the aggregate total of the fees assessed for each of the following:
(a) The hospital assessment established under section 5168.21 of the Revised Code;
(b) The nursing home and hospital long-term care unit franchise permit fee under section 5168.41 of the Revised Code;
(c) The ICF/IID franchise permit fee under section 5168.61 of the Revised Code;
(d) The health insuring corporation franchise fee under section 5168.76 of the Revised Code.
(2) If there is a rate increase for any of the fee rates listed under division (A)(1) of this section pending before the centers for medicare and medicaid services.
(B) The director may adopt rules under section 5162.02 of the Revised Code to compile and submit the reports required under this section, including rules, as authorized under section 5162.021 of the Revised Code, that specify the information that must be submitted to the director by the department of developmental disabilities regarding the ICF/IID franchise permit fee.
Last updated September 8, 2021 at 5:29 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.99 | [Repealed Effective 10/16/2025] Penalties.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The medicaid director shall impose a penalty for each day that a hospital fails to report the information required under section 5168.05 of the Revised Code on or before the dates specified in that section. The amount of the penalty shall be established by the director in rules adopted under section 5168.02 of the Revised Code.
(B) In addition to any other remedy available to the department of medicaid under law to collect unpaid assessments and transfers under sections 5168.01 to 5168.14 of the Revised Code, the director shall impose a penalty of ten per cent of the amount due on any hospital that fails to pay assessments or make intergovernmental transfers by the dates required by rules adopted under section 5168.02 of the Revised Code.
(C) In addition to any other remedy available to the department of medicaid under law to collect unpaid assessments imposed under section 5168.21 of the Revised Code, the director shall impose a penalty of ten per cent of the amount due on any hospital that fails to pay the assessment by the date it is due.
(D) The director shall waive the penalties provided for in this section for good cause shown by the hospital.
(E) All penalties imposed under this section shall be deposited into the health care/medicaid support and recoveries fund created by section 5162.52 of the Revised Code.
Last updated September 26, 2023 at 5:30 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees › Section 5168.991 | [Repealed Effective 10/16/2025] Offsetting Unpaid Penalty.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid may offset the amount of a hospital's unpaid penalty imposed under section 5168.99 of the Revised Code from one or more payments due the hospital under the medicaid program. The total amount that may be offset from one or more payments shall not exceed the amount of the unpaid penalty.
Last updated September 26, 2023 at 5:34 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.01 | Department of Children and Youth.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall serve as the state's primary children's services agency and shall facilitate and coordinate the delivery of children's services in this state, including, but not limited to, those related to adoption, child care, child welfare, early childhood education, early intervention, foster care, home visiting, infant and early childhood mental consultation, and preschool special education.
(B) For purposes of this chapter and in addition to the services described in division (A) of this section, children's services include, but are not limited to, one or more government programs focused on any of the following:
(1) Adoption, child welfare, and foster care services;
(2) Early identification and intervention regarding behavioral health, including, but not limited to, early intervention services, early childhood mental health initiatives, multi-system youth services, and family support services administered through the Ohio family and children first cabinet council, Ohio commission on fatherhood, and children's trust fund board;
(3) Early learning and education, including, but not limited to, child care and preschool licensing, early learning assessments, head start, preschool special education, publicly funded child care, and the step up to quality program;
(4) Maternal and child physical health, including, but not limited to, infant vitality, home visiting, maternal and child health, maternal and infant support, and Medicaid-funded child health services.
Last updated September 11, 2023 at 4:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.02 | Duties of Director.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of children and youth is the chief executive of and appointing authority for the department of children and youth. In this role, the director shall administer the department and implement the delivery in this state of children's services, including by doing all of the following:
(1) Adopting as necessary rules in accordance with Chapter 119. of the Revised Code and section 111.15 of the Revised Code;
(2) Approving and entering into contracts, agreements, and other business arrangements on behalf of the department;
(3) Making as necessary appointments to the department and approving actions related to departmental employees and officers, including their hiring, promotion, termination, discipline, or investigation;
(4) Administering the department and directing the performance of its employees and officers;
(5) Applying for grants available under federal law or from other federal, state, or private sources and allocating, disbursing, or accounting for any funds awarded;
(6) Any other action as necessary to carry out the purposes of this chapter.
(B) Whenever by law a duty is imposed on or an action is required of the department, the director or director's designee shall fulfill the duty or perform the action.
(C) The director may organize the department for its efficient operation, including by creating as necessary any divisions or offices within it. The director also may establish procedures for the governance of the department, the conduct of its employees and officers, the performance of its business, and the custody, use, and preservation of departmental books, documents, papers, property, and records.
(D) If the director issues any directive governing the delivery in this state of children's services, each state and local agency involved in the delivery of those services shall comply with the directive and collaborate with the department.
(E) For purposes of division (A)(1) of this section, if a law permits or requires the director to adopt a rule, the director shall do so in accordance with Chapter 119. of the Revised Code, unless the law requiring or permitting adoption of the rule specifies a different rule adoption procedure.
Last updated September 11, 2023 at 4:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.11 | [Former r.c. 3701.951, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Infant Mortality, Preterm Birth, and Stillbirth Rates.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Preliminary infant mortality and preterm birth rates" means infant mortality and preterm birth rates that are derived from vital records as defined in section 3705.01 of the Revised Code, are not considered finalized by the department of health, and are subject to modification as additional birth and death data are received by the department and added to vital records.
(2) "Stillbirth" has the same meaning as in section 5180.12 of the Revised Code.
(B) Each calendar quarter, the department of children and youth shall determine the state's preliminary infant mortality and preterm birth rates, as well as the stillbirth rate, delineated by race and ethnic group. The rates shall be determined using a simple rolling average. The department shall publish the rates in a quarterly report, which shall also include a description of the data sources and methodology used to determine the rates. The department shall make each report available on its internet web site not later than five business days after the rates are determined.
Last updated September 11, 2023 at 5:05 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.12 | [Former r.c. 3701.97, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Stillbirth Data.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "stillbirth" means death prior to the complete expulsion or extraction from its mother of a product of human conception of at least twenty weeks of gestation, which after such expulsion or extraction does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
(B) The director of children and youth shall do all of the following:
(1) Publish stillbirth data compiled from the department of health's fetal death statistical file and make it available on the department of children and youth's internet web site;
(2) Review the stillbirth data described in division (B)(1) of this section and identify potential trends in the incidence of stillbirth and the possible causes of, and conditions that could lead to or indicate the possible occurrence of, stillbirth;
(3) Develop educational materials in conjunction with statewide medical associations that may be used to apprise health care providers of trends, if any, that were identified through a review described in division (B)(2) of this section;
(4) Electronically disseminate the educational materials developed under division (B)(3) of this section to the state medical board and statewide medical associations and make them available on the department of children and youth's web site in an easily accessible format.
Last updated September 11, 2023 at 5:06 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.13 | [Former r.c. 3701.953, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Infant Mortality Scorecard.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall create an infant mortality scorecard. The scorecard shall report all of the following:
(1) The state's performance on population health measures, including the infant mortality rate, preterm birth rate, and low birth weight rate, delineated by race, ethnic group, region of the state, and the state as a whole;
(2) Preliminary data the department possesses on the state's unexpected infant death rate;
(3) To the extent such information is available, the state's performance on outcome measures identified by the department that are related to preconception health, reproductive health, prenatal care, labor and delivery, smoking, infant safe sleep practices, breastfeeding, and behavioral health, delineated by race, ethnic group, region of the state, and the state as a whole;
(4) A comparison of the state's performance on the population health measures specified in division (A)(1) of this section and, to the extent such information is available, the state's performance on outcome measures specified in division (A)(3) of this section with the targets for the measures, or the targets for the objectives similar to the measures, established by the United States department of health and human services through the healthy people 2020 initiative or a subsequent initiative;
(5) Any other information on maternal and child health that the department considers appropriate.
(B) The scorecard shall be built and automated to refresh data in real time on a data dashboard to be made publicly available.
(C) The scorecard shall include a description of the data sources and methodology used to complete the scorecard.
Last updated September 11, 2023 at 5:07 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.15 | [Former r.c. 3701.64, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Distribution of Shaken Baby Syndrome Educational Materials.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A copy of the shaken baby syndrome educational materials developed under section 5180.14 of the Revised Code shall be distributed in the following manner:
(1) By childbirth educators and the staff of obstetricians' offices, to an expectant parent who uses their services;
(2) By the staff of pediatric physicians' offices, to any of the following who use their services: an infant's parent, guardian, or other person responsible for the infant;
(3) By the staff of a hospital or freestanding birthing center, to an infant's parent, guardian, or other person responsible for the infant, before the child is discharged from the facility to the infant's residence following birth;
(4) By the staff of the help me grow program established pursuant to section 5180.21 of the Revised Code, to an infant's parent, guardian, or other person responsible for the infant, during home-visiting services conducted in accordance with that section;
(5) By each child care facility operating in this state, to each of its employees;
(6) By a public children services agency, when the agency has initial contact with an infant's parent, guardian, or other person responsible for the infant.
(B) An entity or person required to distribute educational materials pursuant to division (A) of this section is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with the dissemination of those educational materials unless the act or omission constitutes willful or wanton misconduct.
An entity or person required to distribute educational materials in accordance with division (A) of this section is not subject to criminal prosecution or, to the extent that a person is regulated under Title XLVII of the Revised Code, professional disciplinary action under that title, for an act or omission associated with the dissemination of those educational materials.
This division does not eliminate, limit, or reduce any other immunity or defense that an entity or person may be entitled to under Chapter 2744. of the Revised Code, or any other provision of the Revised Code, or the common law of this state.
Last updated September 11, 2023 at 5:07 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.18 | [Former r.c. 3701.671, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Reporting Safe Crib Procurement.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of children and youth shall require each recipient of a grant the department of children and youth administers that pertains to safe crib procurement to report annually to the department both of the following:
(A) Demographic information specified by the director of children and youth regarding the individuals to whom safe cribs were distributed;
(B) If known, the extent to which distributed cribs are being used.
Last updated September 11, 2023 at 5:27 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.19 | [Former r.c. 3701.952, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Maternal Behavior Questionnaire.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall create a population-based questionnaire designed to examine maternal behaviors and experiences before, during, and after a woman's pregnancy, as well as during the early infancy of the woman's child. The questionnaire shall collect information that is similar to the information collected by the pregnancy risk assessment monitoring system (PRAMS) questionnaire that the department of health most recently used prior to April 6, 2017, as well as any additional information suggested by the United States centers for disease control and prevention (CDC) for PRAMS questionnaires.
(B) The department shall implement and use the questionnaires created under division (A) of this section in a manner that is consistent with the standardized data collection methodology for PRAMS questionnaires prescribed by the CDC model surveillance protocol. In addition, for the purpose of having statistically valid data for local analyses, the department shall oversample women in Cuyahoga, Franklin, and Hamilton counties on an annual basis, and shall oversample women in the remaining counties that constitute the Ohio equity institute cohort (Butler, Stark, Mahoning, Montgomery, Summit, and Lucas counties) on a biennial basis.
(C) The department shall report results from the questionnaires not less than annually in a manner consistent with guidelines established by the CDC for the reporting of PRAMS questionnaire results.
Last updated September 11, 2023 at 5:14 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.20 | [Former r.c. 3701.95, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Programs to Reduce Negative Birth Outcomes and Disparities.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of children and youth shall identify each government program providing benefits, other than the help me grow program established by the department of children and youth pursuant to section 5180.21 of the Revised Code, that has the goal of reducing infant mortality and negative birth outcomes or the goal of reducing disparities among women who are pregnant or capable of becoming pregnant and who belong to a racial or ethnic minority. A program shall be identified only if it provides education, training, and support services related to those goals to program participants in their homes. The director may consult with the Ohio partnership to build stronger families for assistance with identifying the programs.
(B) An administrator of a program identified under division (A) of this section shall report to the director data on program performance indicators that are used to assess progress toward achieving program goals. The administrator shall report the data in the format and within the time frames specified in rules adopted under division (C) of this section. Using the data reported under this division, the director shall prepare an annual report assessing the performance of each government program identified pursuant to division (A) of this section during the immediately preceding twelve-month period. In addition, the report shall summarize and provide an analysis of the information contained in the "information for medical and health use only" section of the birth records for individuals born during the prior twelve-month period.
The director shall provide a copy of the report to the general assembly and the joint medicaid oversight committee. The copy to the general assembly shall be provided in accordance with section 101.68 of the Revised Code.
(C) The director shall adopt rules specifying program performance indicators on which data must be reported by the administrators described in division (B) of this section as well as the format and time frames in which the data must be reported. To the extent possible, the program performance indicators specified in the rules shall be consistent with federal reporting requirements for federally funded home visiting services. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated September 11, 2023 at 5:10 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.22 | [Former r.c. 3701.611, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Central Intake and Referral System for Home Visiting Programs.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall create a central intake and referral system for all home visiting programs operating in this state. Through a competitive bidding process, the department of children and youth may select one or more persons or government entities to operate the system.
(B) If the department of children and youth chooses to select one or more system operators as described in division (A) of this section, a contract with any system operator shall require that the system do both of the following:
(1) Serve as a single point of entry for access, assessment, and referral of families to appropriate home visiting services based on each family's location of residence;
(2) Use a standardized form or other mechanism to assess for each family member's risk factors and social determinants of health, as well as ensure that the family is referred to the appropriate home visiting program, which may include a program that uses home visiting contractors who provide services within a community HUB that fully or substantially complies with the pathways community HUB certification standards developed by the pathways community HUB institute.
(C) The standardized form or other mechanism described in division (B)(2) of this section shall be agreed to by the home visiting consortium created under section 5180.23 of the Revised Code.
(D) A contract entered into under division (B) of this section shall require a system operator to issue an annual report to the department of children and youth that includes data regarding referrals made by the central intake and referral system, costs associated with the referrals, and the quality of services received by families who were referred to services through the system. The report shall be distributed to the home visiting consortium created under section 5180.23 of the Revised Code.
(E) Nothing in this section is intended to do any of the following:
(1) Prohibit the department of children and youth from using alternative promotional materials or names for the central intake and referral system;
(2) Require the use of help me grow program promotional materials or names;
(3) Prohibit providers, central coordinators, the department of children and youth, or stakeholders from using the help me grow name for promotional materials for home visiting.
Last updated September 11, 2023 at 5:20 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.24 | [Former r.c. 3701.613, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Biennial Summit on Home Visiting Programs.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
Beginning in fiscal year 2026, the department of children and youth shall facilitate and allocate funds for a biennial summit on home visiting programs. The purpose of each summit is to convene persons and government entities involved with the delivery of home visiting services in this state, as well as other interested persons, to do all of the following:
(A) Share the latest research on evidence-based and innovative, promising home visiting models;
(B) Discuss strategies to ensure that home visiting programs in this state use evidence-based or innovative, promising home visiting models;
(C) Discuss strategies to reduce tobacco use by families participating in home visiting programs;
(D) Present successes and challenges encountered by home visiting programs.
Last updated September 11, 2023 at 5:21 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5180 | Department of Children and Youth › Section 5180.25 | [Former r.c. 3701.614, Amended and Renumbered by h.b. 33, 135th General Assembly, Effective 1/1/2025] Educational Materials Regarding Health Risks of Lead-Based Paint.

Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall develop educational materials describing the health risks of lead-based paint and measures that may be taken to reduce those risks.
(B) As part of the home visiting services described in section 5180.21 of the Revised Code, each eligible family residing in a house, apartment, or other residence built before January 1, 1979, shall receive a copy of the educational materials described in this section. If the date on which the residence was built is unknown to the family or home visiting services provider, the family shall receive a copy of the educational materials.
(C) The educational materials developed and distributed under this section shall be culturally and linguistically appropriate for the families described in division (B) of this section.
Last updated September 11, 2023 at 5:21 PM