reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.41 | Redetermination of Rates.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The department of developmental disabilities shall redetermine a provider's medicaid payment rate for an ICF/IID using revised information if either of the following results in a determination that the provider received a higher medicaid payment rate for the ICF/IID than the provider was entitled to receive:
(1) The provider properly amends a cost report for the ICF/IID under section 5124.107 of the Revised Code;
(2) The department makes a finding based on an audit under section 5124.109 of the Revised Code.
(B) The department shall apply the redetermined rate to the periods when the provider received the incorrect rate to determine the amount of the overpayment. The provider shall refund the amount of the overpayment. The department may charge the provider the following amount of interest from the time the overpayment was made:
(1) If the overpayment resulted from costs reported for calendar year 1993, the interest shall be not greater than one and one-half times the current average bank prime rate.
(2) If the overpayment resulted from costs reported for a subsequent calendar year:
(a) The interest shall be not greater than two times the current average bank prime rate if the overpayment was not more than one per cent of the total medicaid payments to the provider for the fiscal year for which the incorrect information was used to determine a rate.
(b) The interest shall be not greater than two and one-half times the current average bank prime rate if the overpayment was more than one per cent of the total medicaid payments to the provider for the fiscal year for which the incorrect information was used to determine a rate.
Last updated August 12, 2021 at 2:38 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.42 | Additional Penalties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
In addition to the other penalties authorized by this chapter, the department of developmental disabilities may impose the following penalties on an ICF/IID provider:
(A) If the provider does not furnish invoices or other documentation that the department requests during an audit within sixty days after the request, a fine of not more than the greater of the following:
(1) One thousand dollars per audit;
(2) Twenty-five per cent of the cumulative amount by which the costs for which documentation was not furnished increased the total medicaid payments to the provider during the fiscal year for which the costs were used to determine a rate.
(B) If an exiting operator or owner fails to provide notice of a facility closure or voluntary termination as required by section 5124.50 of the Revised Code, or an exiting operator or owner and entering operator fail to provide notice of a change of operator as required by section 5124.51 of the Revised Code, a fine of not more than the current average bank prime rate plus four per cent of the last two monthly payments.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.43 | Determination of Interest Rate.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
For the purposes of sections 5124.41 and 5124.42 of the Revised Code, the department of developmental disabilities shall determine the current average bank prime rate using statistical release H.15, "selected interest rates," a weekly publication of the federal reserve board, or any successor publication. If statistical release H.15, or its successor, ceases to contain the bank prime rate information or ceases to be published, the department shall request a written statement of the average bank prime rate from the federal reserve bank of Cleveland or the federal reserve board.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.44 | Deductions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) of this section, the department of developmental disabilities shall deduct the following from the next available medicaid payment the department makes to an ICF/IID provider who continues to participate in medicaid:
(1) Any amount the provider is required to refund, and any interest charged, under section 5124.41 of the Revised Code;
(2) The amount of any penalty imposed on the provider under section 5124.42 of the Revised Code.
(B) The department and an ICF/IID provider may enter into an agreement under which a deduction required by division (A) of this section is taken in installments from payments the department makes to the provider.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.45 | Deposits to General Revenue Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The department of developmental disabilities shall transmit to the treasurer of state for deposit in the general revenue fund amounts collected from the following:
(A) Refunds required by, and interest charged under, section 5124.41 of the Revised Code;
(B) Penalties imposed under section 5124.42 of the Revised Code.
Last updated October 4, 2023 at 3:08 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.46 | Adjudications Under the Administrative Procedure Act.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code:
(A) Any audit disallowance that the department of developmental disabilities makes as the result of an audit under section 5124.109 of the Revised Code;
(B) Any medicaid payment deemed an overpayment under section 5124.523 of the Revised Code;
(C) Any penalty the department imposes under section 5124.42 of the Revised Code or section 5124.523 of the Revised Code.
Last updated August 12, 2021 at 2:38 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.50 | Notice of Facility Closure or Voluntary Termination.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
An exiting operator or owner of an ICF/IID participating in the medicaid program shall provide the department of developmental disabilities and department of medicaid written notice of a facility closure or voluntary termination not less than ninety days before the effective date of the facility closure or voluntary termination. The written notice shall be provided to the department of developmental disabilities and department of medicaid in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code.
The written notice shall include all of the following:
(A) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(B) The name of the ICF/IID that is the subject of the written notice;
(C) The exiting operator's medicaid provider agreement number for the ICF/IID that is the subject of the written notice;
(D) The effective date of the facility closure or voluntary termination;
(E) The signature of the exiting operator's or owner's representative.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.51 | Notice of Change of Operator.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) An exiting operator or owner and entering operator shall provide the department of developmental disabilities and department of medicaid written notice of a change of operator if the ICF/IID participates in the medicaid program and the entering operator seeks to continue the ICF/IID's participation. The written notice shall be provided to the department of developmental disabilities and department of medicaid in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code. The written notice shall be provided to the department of developmental disabilities and department of medicaid not later than forty-five days before the effective date of the change of operator if the change of operator does not entail the relocation of residents. The written notice shall be provided to the department of developmental disabilities and department of medicaid not later than ninety days before the effective date of the change of operator if the change of operator entails the relocation of residents.
The written notice shall include all of the following:
(1) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(2) The name of the ICF/IID that is the subject of the change of operator;
(3) The exiting operator's seven-digit medicaid legacy number and ten-digit national provider identifier number for the ICF/IID that is the subject of the change of operator;
(4) The name of the entering operator;
(5) The effective date of the change of operator;
(6) The manner in which the entering operator becomes the ICF/IID's operator, including through sale, lease, merger, or other action;
(7) If the manner in which the entering operator becomes the ICF/IID's operator involves more than one step, a description of each step;
(8) Written authorization from the exiting operator or owner and entering operator for the department of medicaid to process a provider agreement for the entering operator;
(9) The names and addresses of the persons to whom the department of developmental disabilities and department of medicaid should send initial correspondence regarding the change of operator;
(10) The signature of the exiting operator's or owner's representative.
(B) An exiting operator or owner and entering operator immediately shall provide the department of developmental disabilities and department of medicaid notice of any changes to information included in a written notice of a change of operator that occur after that notice is provided to the department of developmental disabilities and department of medicaid. The notice of the changes shall be provided to the department of developmental disabilities and department of medicaid in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.511 | Agreements With Entering Operators Effective on Date of Change of Operator.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met:
(A) The department receives a properly completed written notice required by section 5124.51 of the Revised Code on or before the date required by that section.
(B) The department receives both of the following in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code and not later than ten days after the effective date of the change of operator:
(1) From the entering operator, a completed application for a provider agreement and all other forms and documents specified in rules authorized by section 5124.53 of the Revised Code;
(2) From the exiting operator or owner, all forms and documents specified in rules authorized by section 5124.53 of the Revised Code.
(C) The entering operator is eligible to enter into a provider agreement for the ICF/IID 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 5124.512 | Agreements With Entering Operators Effective at a Later Date.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the date determined under division (B) of this section if all of the following are the case:
(1) The department receives a properly completed written notice required by section 5124.51 of the Revised Code.
(2) The department receives, from the entering operator and in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code, a completed application for a provider agreement and all other forms and documents specified in rules adopted under that section.
(3) The department receives, from the exiting operator or owner and in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code, all forms and documents specified in rules adopted under that section.
(4) One or more of the following apply:
(a) The requirement of division (A)(1) of this section is met after the time required by section 5124.51 of the Revised Code;
(b) The requirement of division (A)(2) of this section is met more than ten days after the effective date of the change of operator;
(c) The requirement of division (A)(3) of this section is met more than ten days after the effective date of the change of operator.
(5) The entering operator is eligible to enter into a provider agreement for the ICF/IID as provided in section 5124.06 of the Revised Code.
(B) The department shall determine the date a provider agreement entered into under this section is to go into effect as follows:
(1) The effective date shall give the department sufficient time to process the change of operator and give the department sufficient time to assure no duplicate payments are made and make the withholding required by section 5124.521 of the Revised Code.
(2) The effective date shall be not earlier than the latest of the following:
(a) The effective date of the change of operator;
(b) The date that the entering operator complies with section 5124.51 of the Revised Code and division (A)(2) of this section;
(c) The date that the exiting operator or owner complies with section 5124.51 of the Revised Code and division (A)(3) of this section.
(3) The effective date shall be not later than the following after the later of the dates specified in division (B)(2) of this section:
(a) Forty-five days if the change of operator does not entail the relocation of residents;
(b) Ninety days if the change of operator entails the relocation of residents.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.513 | Entering Operator Duties Under Provider Agreement.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
A provider that enters into a provider agreement with the department of medicaid under section 5124.511 or 5124.512 of the Revised Code shall do all of the following:
(A) Comply with all applicable federal statutes and regulations;
(B) Comply with section 5124.07 of the Revised Code and all other applicable state statutes and rules;
(C) Comply with all the terms and conditions of the exiting operator's provider agreement, including all of the following:
(1) Any plan of correction;
(2) Compliance with health and safety standards;
(3) Compliance with the ownership and financial interest disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;
(4) Compliance with the civil rights requirements of 45 C.F.R. parts 80, 84, and 90;
(5) Compliance with additional requirements imposed by the department;
(6) Any sanctions relating to remedies for violation of the provider agreement, including deficiencies, compliance periods, accountability periods, monetary penalties, notification for correction of contract violations, and history of deficiencies.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.514 | Exiting Operator Deemed Operator Pending Change.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
In the case of a change of operator, the exiting operator shall be considered to be the operator of the ICF/IID for purposes of the medicaid program, including medicaid payments, until the effective date of the entering operator's provider agreement if the provider agreement is entered into under section 5124.511 or 5124.512 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.515 | Provider Agreement With Operator Not Complying With Prior Agreement.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of medicaid may enter into a provider agreement as provided in section 5124.07 of the Revised Code, rather than section 5124.511 or 5124.512 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (C) of section 5124.513 of the Revised Code. The department may not enter into the provider agreement unless the department of health certifies the ICF/IID under Title XIX. The effective date of the provider agreement shall not precede any of the following:
(A) The date that the department of health certifies the ICF/IID;
(B) The effective date of the change of operator;
(C) The date the requirement of section 5124.51 of the Revised Code is satisfied.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.516 | Medicaid Reimbursement Adjustments; Change of Operator.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of developmental disabilities may adopt rules under section 5124.03 of the Revised Code governing adjustments to the medicaid reimbursement rate for an ICF/IID that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agreement is entered into under section 5124.511, section 5124.512, or, pursuant to section 5124.515, section 5124.07 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.517 | Determination That a Change of Operator Has or Has Not Occurred; Effect.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities' determination that a change of operator has or has not occurred for purposes of licensure under section 5123.19 of the Revised Code shall not affect either of the following:
(A) A determination by the department of developmental disabilities or department of medicaid of whether or when a change of operator occurs;
(B) The department of medicaid's determination of the effective date of an entering operator's provider agreement under section 5124.511, section 5124.512, or, pursuant to section 5124.515, section 5124.07 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.52 | Overpayment Amounts Determined Following Notice of Closure, Etc.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) On receipt of a written notice under section 5124.50 of the Revised Code of a facility closure or voluntary termination, on receipt of a written notice under section 5124.51 of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of developmental disabilities shall estimate the amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program, including a franchise permit fee.
(B) In estimating the exiting operator's other actual and potential debts to the department and the United States centers for medicare and medicaid services under the medicaid program, the department shall use a debt estimation methodology the director of developmental disabilities shall establish in rules authorized by section 5124.53 of the Revised Code. The methodology shall provide for estimating all of the following that the department determines are applicable:
(1) Refunds due the department under section 5124.41 of the Revised Code;
(2) Interest owed to the department and United States centers for medicare and medicaid services;
(3) Final civil monetary and other penalties for which all right of appeal has been exhausted;
(4) Money owed the department and United States centers for medicare and medicaid services from any outstanding final fiscal audit, including a final fiscal audit for the last fiscal year or portion thereof in which the exiting operator participated in the medicaid program;
(5) Other amounts the department determines are applicable.
(C) The department shall provide the exiting operator written notice of the department's estimate under division (A) of this section not later than thirty days after the department receives the notice under section 5124.50 of the Revised Code of the facility closure or voluntary termination; the department receives the notice under section 5124.51 of the Revised Code of the change of operator; or the effective date of the involuntary termination. The department's written notice shall include the basis for the estimate.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.522 | Cost Report by Exiting Operator; Waiver.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) of this section, an exiting operator shall file with the department of developmental disabilities a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect. The cost report shall cover the period that begins with the day after the last day covered by the operator's most recent previous cost report filed under section 5124.10 or 5124.101 of the Revised Code and ends on the last day the exiting operator's provider agreement is in effect. The cost report shall include, as applicable, all of the following:
(1) The sale price of the ICF/IID;
(2) A final depreciation schedule that shows which assets are transferred to the buyer and which assets are not transferred to the buyer;
(3) Any other information the department requires.
(B) The department, at its sole discretion, may waive the requirement that an exiting operator file a cost report in accordance with division (A) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.523 | Failure to File Cost Report; Payments Deemed Overpayments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
If an exiting operator required by section 5124.522 of the Revised Code to file a cost report with the department of developmental disabilities fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department may impose on the exiting operator a penalty of one hundred dollars for each calendar day the properly completed cost report is late.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.524 | Final Payment Withheld Pending Receipt of Cost Reports.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5124.10 and 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 5124.526 | Release of Amount Withheld Less Amounts Owed.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities shall release the actual amount withheld under division (A) of section 5124.521 of the Revised Code, less any amount the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program, as follows:
(A) Unless the department issues the initial debt summary report required by section 5124.525 of the Revised Code not later than sixty days after the date the exiting operator files the properly completed cost report required by section 5124.522 of the Revised Code, sixty-one days after the date the exiting operator files the properly completed cost report;
(B) If the department issues the initial debt summary report required by section 5124.525 of the Revised Code not later than sixty days after the date the exiting operator files a properly completed cost report required by section 5124.522 of the Revised Code, not later than the following:
(1) Thirty days after the deadline for requesting an adjudication under section 5124.525 of the Revised Code regarding the final debt summary report if the exiting operator, and an affiliated operator who executes a successor liability agreement under section 5124.521 of the Revised Code, fail to request the adjudication on or before the deadline;
(2) Thirty days after the completion of an adjudication of the final debt summary report if the exiting operator, or an affiliated operator who executes a successor liability agreement under section 5124.521 of the Revised Code, requests the adjudication on or before the deadline for requesting the adjudication.
(C) Unless the department issues the initial debt summary report required by section 5124.525 of the Revised Code not later than sixty days after the date the department waives the cost report requirement of section 5124.522 of the Revised Code, sixty-one days after the date the department waives the cost report requirement;
(D) If the department issues the initial debt summary report required by section 5124.525 of the Revised Code not later than sixty days after the date the department waives the cost report requirement of section 5124.522 of the Revised Code, not later than the following:
(1) Thirty days after the deadline for requesting an adjudication under section 5124.525 of the Revised Code regarding the final debt summary report if the exiting operator, and an affiliated operator who executes a successor liability agreement under section 5124.521 of the Revised Code, fail to request the adjudication on or before the deadline;
(2) Thirty days after the completion of an adjudication of the final debt summary report if the exiting operator, or an affiliated operator who executes a successor liability agreement under section 5124.521 of the Revised Code, requests the adjudication on or before the deadline for requesting the adjudication.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.527 | Release of Amount Withheld on Postponement of Change of Operator.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of developmental disabilities, at its sole discretion, may release the amount withheld under division (A) of section 5124.521 of the Revised Code if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, or voluntary termination and the transactions leading to the change of operator, facility closure, or voluntary termination are postponed for at least thirty days but less than ninety days after the date originally proposed for the change of operator, facility closure, or voluntary termination as reported in the written notice required by section 5124.50 or 5124.51 of the Revised Code. The department shall release the amount withheld if the exiting operator submits to the department written notice of a cancellation or postponement of a change of operator, facility closure, or voluntary termination and the transactions leading to the change of operator, facility closure, or voluntary termination are canceled or postponed for more than ninety days after the date originally proposed for the change of operator, facility closure, or voluntary termination as reported in the written notice required by section 5124.50 or 5124.51 of the Revised Code. A written notice shall be provided to the department in accordance with the method specified in rules authorized by section 5124.53 of the Revised Code.
After the department receives a written notice regarding a cancellation or postponement of a facility closure or voluntary termination, the exiting operator or owner shall provide new written notice to the department under section 5124.50 of the Revised Code regarding any transactions leading to a facility closure or voluntary termination at a future time. After the department receives a written notice regarding a cancellation or postponement of a change of operator, the exiting operator or owner and entering operator shall provide new written notice to the department under section 5124.51 of the Revised Code regarding any transactions leading to a change of operator at a future time.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.528 | Disposition of Amounts Withheld From Payment Due an Exiting Operator.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) All amounts withheld under section 5124.521 of the Revised Code from payment due an exiting operator under the medicaid program shall be deposited into the medicaid payment withholding fund created by the controlling board pursuant to section 131.35 of the Revised Code. Money in the fund shall be used as follows:
(1) To pay an exiting operator when a withholding is released to the exiting operator under section 5124.526 or 5124.527 of the Revised Code;
(2) To pay the department of medicaid or department of developmental disabilities, and United States centers for medicare and medicaid services, the amount an exiting operator owes the department of medicaid or department of developmental disabilities and United States centers under the medicaid program.
(B) Amounts paid from the medicaid payment withholding fund pursuant to division (A)(2) of this section shall be deposited into the appropriate fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.53 | Adoption of Rules for Implementation of Sections 5124.50 to 5124.53.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code to implement sections 5124.50 to 5124.53 of the Revised Code. The rules shall specify all of the following:
(A) The method by which written notices to the department required by sections 5124.50 to 5124.53 of the Revised Code are to be provided;
(B) The forms and documents that are to be provided to the department under sections 5124.511 and 5124.512 of the Revised Code, which shall include, in the case of such forms and documents provided by entering operators, all the fully executed leases, management agreements, merger agreements and supporting documents, and fully executed sales contracts and any other supporting documents culminating in the change of operator;
(C) The method by which the forms and documents identified in division (B) of this section are to be provided to the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.62 | Request for Federal Approval of Conversion of Beds.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
The director of developmental disabilities may request that the medicaid director seek the approval of the United States secretary of health and human services to increase the number of slots available for home and community-based services by a number not exceeding the number of beds that were part of the licensed capacity of a residential facility that had its license revoked or surrendered under section 5123.19 of the Revised Code if the residential facility was an ICF/IID at the time of the license revocation or surrender. The request may include beds the director of developmental disabilities removed from such a residential facility's licensed capacity before transferring ownership or operation of the residential facility pursuant to a request for proposals.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.65 | Reconversion of Beds to Icf/iid Use.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
No person or government entity may reconvert a bed to be used for ICF/IID services if the bed was converted to use for home and community-based services under section 5124.60 or 5124.61 of the Revised Code. This prohibition applies regardless of either of the following:
(A) The bed is part of the licensed capacity of a residential facility.
(B) The bed has been sold, leased, or otherwise transferred to another person or government entity.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.69 | Informational Pamphlet.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The department of developmental disabilities shall develop and make available to all ICFs/IID a written pamphlet that describes all of the items and services covered by medicaid as ICF/IID services and as home and community-based services. The department shall develop the pamphlet in consultation with persons and organizations interested in matters pertaining to individuals eligible for ICF/IID services and home and community-based services.
(B) Each ICF/IID provider shall provide the pamphlet to the residents of the ICF/IID who receive ICF/IID services, and the guardians of such residents, and shall discuss the items and services described in the pamphlet with those residents and their guardians, as follows:
(1) At least annually;
(2) Any time such a resident, or resident's guardian, requests to receive the pamphlet and to discuss the items and services described in the pamphlet;
(3) Any time such a resident, or resident's guardian, expresses to the provider an interest in home and community-based services.
(C) If a resident of an ICF/IID who receives ICF/IID services, or the resident's guardian, indicates to the ICF/IID provider an interest in enrolling the resident in a medicaid waiver component providing home and community-based services, the provider shall refer the resident or guardian to the county board of developmental disabilities serving the county in which the resident would reside while enrolled in a medicaid waiver component.
(D) Not later than thirty days after a county board is contacted by an ICF/IID resident or resident's guardian who was referred to the county board pursuant to division (C) of this section, the county board, notwithstanding a waiting list for the component established pursuant to section 5126.042 of the Revised Code, shall enroll the resident in the component if all of the following apply:
(1) The resident is eligible and chooses to enroll in the component.
(2) The component has an available slot.
(3) The director of developmental disabilities determines that the department has the funds necessary to pay the nonfederal share of the medicaid expenditures for the home and community-based services provided to the resident under the component.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.75 | Conversion of Icf/iid Beds to Ohiorise Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Notwithstanding any provision of the Revised Code to the contrary, an ICF/IID operator shall not reserve or convert any portion of the ICF/IID's beds from providing ICF/IID services to providing services to individuals receiving services through the Ohio resilience through integrated systems and excellence (OhioRISE) program for children and youth involved in multiple state systems or children and youth with other complex behavioral health needs, if reserving or converting a bed would require the operator to discharge or terminate services to a resident occupying that bed.
Last updated October 4, 2023 at 5:43 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5124 | Intermediate Care Facility for Individuals With Intellectual Disabilities Services › Section 5124.99 | Penalty for Violation of Cost Reporting Provisions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Whoever violates section 5124.102 or division (E) of section 5124.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense.
Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.011 | Reference to County Board.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Whenever a county board of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to a county board of developmental disabilities.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.014 | References to Department or Director.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department or director of developmental disabilities, as the case may be.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.02 | County or Multicounty Board of Developmental Disability Required.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) Each county shall have its own county board of developmental disabilities. Subject to division (B) of this section:
(1) A county board shall be operated as a separate administrative and service entity.
(2) The functions of a county board shall not be combined with the functions of any other entity of county government.
(B) Division (A) of this section does not prohibit or restrict any county board from sharing administrative functions or personnel with one or more other county boards, including entering into an arrangement authorized by division (B) of section 5126.0219 of the Revised Code or an agreement with one or more other county boards to share the services of any employee.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.021 | Membership of County Boards.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Each county board of developmental disabilities shall consist of seven members. The board of county commissioners of the county shall appoint five members and the senior probate judge of the county shall appoint two members.
(B) Beginning July 1, 2025, when making initial appointments to a county board of developmental disabilities, and when making an appointment to fill a vacancy pursuant to section 5126.027 of the Revised Code, an appointing authority shall do all of the following:
(1) Appoint only individuals who are adult residents of the county the appointing authority serves, citizens of the United States, and interested and knowledgeable in the field of intellectual and developmental disabilities and other allied fields;
(2) Place emphasis on appointing individuals with developmental disabilities and family members of individuals with developmental disabilities;
(3) Place emphasis on appointing individuals who have professional training and experience in business management, finance, law, health care practice, personnel administration, or government service;
(4) Place emphasis on appointing individuals who reflect, as nearly as possible, the composition of the county that the county board serves.
(C) If the appointing authority is a board of county commissioners, the board of county commissioners shall appoint the following:
(1) Except as otherwise provided in this section, at least one individual with developmental disabilities;
(2) At least one individual who is a family member of an individual with developmental disabilities.
(D)(1) If the appointing authority is a senior probate judge, the senior probate judge shall appoint at least one individual with developmental disabilities or an immediate family member of an individual eligible for residential services or supported living.
(2) If a senior probate judge appoints an individual with developmental disabilities under division (D)(1) of this section, that appointment satisfies the requirement under division (C)(1) of this section that a board of county commissioners appoint at least one such individual.
(E) An appointing authority's unfilled vacancy does not prohibit that appointing authority from filling other vacancies on the county board of developmental disabilities.
Last updated September 19, 2023 at 3:14 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.022 | [Repealed Effective 7/1/2025 by h.b. 33, 135th General Assembly] Appointment of Members of County Boards.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
When making appointments to a county board of developmental disabilities, an appointing authority shall do all of the following:
(A) Appoint only individuals who are residents of the county the appointing authority serves, citizens of the United States, and interested and knowledgeable in the field of intellectual disabilities and other allied fields;
(B) If the appointing authority is a board of county commissioners, appoint at least two individuals who are eligible for services provided by the county board or are immediate family members of such individuals. The board of county commissioners shall, whenever possible, ensure that one of those two members is an individual eligible for adult services or an immediate family member of an individual eligible for adult services and the other is an immediate family member of an individual eligible for early intervention services or services for preschool or school-age children ;
(C) If the appointing authority is a senior probate judge, appoint at least one individual who is an immediate family member of an individual eligible for residential services or supported living;
(D) Appoint, to the maximum extent possible, individuals who have professional training and experience in business management, finance, law, health care practice, personnel administration, or government service;
(E) Provide for the county board's membership to reflect, as nearly as possible, the composition of the county that the county board serves.
Last updated December 27, 2023 at 10:40 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.023 | Persons Who May Not Serve on a County Board of Developmental Disabilities.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
None of the following individuals may serve as a member of a county board of developmental disabilities:
(A) An elected public official, except for a township trustee, township fiscal officer, or individual excluded from the definition of public official or employee in division (B) of section 102.01 of the Revised Code;
(B) An immediate family member of a member of the same county board;
(C) An employee of any county board;
(D) An immediate family member of an employee of the same county board;
(E) A former employee of a county board whose employment ceased less than four calendar years before the former employee would begin to serve as a member of the same county board;
(F) A former employee of a county board whose employment ceased less than two years before the former employee would begin to serve as a member of a different county board;
(G) Unless there is no conflict of interest, an individual who or whose immediate family member is a board member of an agency licensed or certified by the department of developmental disabilities to provide services to individuals with developmental disabilities or an individual who or whose immediate family member is an employee of such an agency;
(H) An individual with an immediate family member who serves as a county commissioner of a county served by the county board unless the individual was a member of the county board before October 31, 1980.