Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) When the medicaid director is authorized by a statute to adopt a rule, the director shall adopt the rule in accordance with the following:
(1) Chapter 119. of the Revised Code if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with Chapter 119. of the Revised Code.
(b) Unless division (A)(2)(b) of this section applies, the statute authorizing the rule does not specify the procedure for the rule's adoption.
(2) Section 111.15 of the Revised Code, excluding divisions (D) and (E) of that section, if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with section 111.15 of the Revised Code and, by the terms of division (D) of that section, division (D) of that section does not apply to the rule.
(b) The statute authorizing the rule does not specify the procedure for the rule's adoption and the rule concerns the day-to-day staff procedures and operations of the department of medicaid or financial and operational matters between the department and a person or government entity receiving a grant from the department.
(3) Section 111.15 of the Revised Code, including divisions (D) and (E) of that section, if the statute authorizing the rule requires that the rule be adopted in accordance with that section and the rule is not exempt from the application of division (D) of that section.
(B) Except as otherwise required by a statute, the adoption of a rule in accordance with Chapter 119. of the Revised Code does not make the department of medicaid subject to the notice, hearing, or other requirements of sections 119.06 to 119.13 of the Revised Code.
Structure Ohio Revised Code
Chapter 5160 | Medical Assistance Programs
Section 5160.01 | Definitions.
Section 5160.011 | References to Department or Director of Other Agencies.
Section 5160.021 | Adoption of Rules.
Section 5160.03 | Authority of Medicaid Director.
Section 5160.04 | Assistant Director; Powers and Duties.
Section 5160.05 | Appointment of Employees.
Section 5160.051 | Filling Positions With Peculiar and Exceptional Qualifications.
Section 5160.052 | Procedures and Formats for Section 109.5721 Notices.
Section 5160.06 | Fidelity Bonds.
Section 5160.10 | Expending Funds.
Section 5160.11 | State Health Care Grants Fund.
Section 5160.13 | Maximizing Receipt of Federal Revenue.
Section 5160.16 | Appointment of Agents.
Section 5160.20 | Audits and Investigations; Authority of Department.
Section 5160.21 | Audit of Medical Assistance Recipient.
Section 5160.22 | Examination of Records Regarding Medical Assistance Programs.
Section 5160.23 | Audit Costs.
Section 5160.29 | Verification of Eligibility for Medical Assistance Program.
Section 5160.291 | Changes Affecting Eligibility.
Section 5160.292 | Medicaid Eligibility Fraud.
Section 5160.293 | Construction.
Section 5160.30 | Administrative Activities for Medical Assistance Programs.
Section 5160.31 | Appeals Regarding Determination of Eligibility for Medical Assistance Program.
Section 5160.34 | Medical Assistance Programs With Prior Authorization Requirements.
Section 5160.35 | Recovery of Medical Support Definitions.
Section 5160.37 | Right of Recovery for Cost of Medical Assistance.
Section 5160.371 | Disclosure of Third-Party Payer Information.
Section 5160.38 | Assignment of Rights to Department.
Section 5160.39 | Third-Party Cooperation Regarding Liability Information.
Section 5160.40 | Third-Party Duties; Medicaid Managed Care Organizations.
Section 5160.401 | Finality of Payments.
Section 5160.41 | Excluded Considerations for Third-Party Medical Assistance.
Section 5160.42 | Sanctions Against Third Parties for Violations.
Section 5160.43 | Adoption of Rules Regarding Recovery of Costs.
Section 5160.45 | Disclosure of Medical Assistance Information.
Section 5160.46 | Authorization Form.
Section 5160.48 | Rules for Conditions and Procedures for the Release of Information.
Section 5160.481 | Adoption of Rules by Other Agencies.
Section 5160.50 | Refugee Medical Assistance Program.
Section 5160.99 | Penalty for Unlawful Disclosure of Information.