Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
Under the medicaid program, any amount determined to be owed the state by a final fiscal audit conducted pursuant to section 5164.55 of the Revised Code, upon the issuance of an adjudication order pursuant to Chapter 119. of the Revised Code that contains a finding that there is a preponderance of the evidence that a medicaid provider will liquidate assets or file bankruptcy in order to prevent payment of the amount determined to be owed the state, becomes a lien upon the real and personal property of the provider. Upon failure of the provider to pay the amount to the state, the medicaid director shall file notice of the lien, for which there shall be no charge, in the office of the county recorder of the county in which it is ascertained that the provider owns real or personal property. The director shall notify the provider by mail of the lien, but absence of proof that the notice was sent does not affect the validity of the lien. The lien is not valid as against the claim of any mortgagee, pledgee, purchaser, judgment creditor, or other lienholder of record at the time the notice is filed.
If the provider acquires real or personal property after notice of the lien is filed, the lien shall not be valid as against the claim of any mortgagee, pledgee, subsequent bona fide purchaser for value, judgment creditor, or other lienholder of record to such after-acquired property unless the notice of lien is refiled after the property is acquired by the provider and before the competing lien attaches to the after-acquired property or before the conveyance to the subsequent bona fide purchaser for value.
When the amount has been paid, the provider may record with the recorder notice of the payment. For recording such notice of payment, the recorder shall charge and receive from the provider a base fee of one dollar for services and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code.
In the event of a distribution of the provider's assets pursuant to an order of any court under the law of this state including any receivership, assignment for benefit of creditors, adjudicated insolvency, or similar proceedings, amounts then or thereafter due the state under the medicaid program have the same priority as provided by law for the payment of taxes due the state and shall be paid out of the receivership trust fund or other such trust fund in the same manner as provided for claims for unpaid taxes due the state.
If the attorney general finds after investigation that any amount due the state under the medicaid program is uncollectable, in whole or in part, the attorney general shall recommend to the director the cancellation of all or part of the claim. The director may thereupon effect the cancellation.
Structure Ohio Revised Code
Chapter 5164 | Medicaid State Plan Services
Section 5164.01 | Definitions.
Section 5164.02 | Rules to Implement Chapter.
Section 5164.03 | Mandatory and Optional Services.
Section 5164.05 | Coverage of Services Provided by Outpatient Health Facilities.
Section 5164.06 | Medicaid Coverage of Occupational Therapy Services.
Section 5164.061 | Chiropractic Services.
Section 5164.07 | Coverage of Inpatient Care and Follow-Up Care for a Mother and Her Newborn.
Section 5164.08 | Breast Cancer and Cervical Cancer Screening.
Section 5164.09 | Equivalent Coverage for Orally and Intravenously Administered Cancer Medications.
Section 5164.091 | Coverage for Opioid Analgesics.
Section 5164.10 | Coverage of Tobacco Cessation Medications and Services.
Section 5164.14 | Medicaid Coverage for Health Care Service Provided by Pharmacist.
Section 5164.15 | Mental Health Services.
Section 5164.16 | Coverage of One or More State Plan Home and Community-Based Services.
Section 5164.17 | Medicaid Coverage of Tobacco Cessation Services.
Section 5164.20 | Medicaid Not to Cover Drugs for Erectile Dysfunction.
Section 5164.26 | Healthcheck Component.
Section 5164.29 | Revised Medicaid Provider Enrollment System.
Section 5164.291 | Provider Credentialing Committee.
Section 5164.30 | Provider Agreement With Department Required.
Section 5164.301 | Medicaid Provider Agreements for Physician Assistants.
Section 5164.31 | Funding for Implementing the Provider Screening Requirements.
Section 5164.32 | Expiration of Medicaid Provider Agreements.
Section 5164.33 | Denying, Terminating, and Suspending Provider Agreements.
Section 5164.34 | Criminal Records Check of Provider Personnel, Owners and Officers.
Section 5164.341 | Criminal Records Check by Independent Provider.
Section 5164.342 | Criminal Records Checks by Waiver Agencies.
Section 5164.35 | Provider Offenses.
Section 5164.37 | Suspension of Provider Agreement Without Notice.
Section 5164.38 | Adjudication Orders of Department.
Section 5164.39 | Hearing Not Required Unless Timely Requested.
Section 5164.44 | Employee Status of Independent Provider.
Section 5164.45 | Contracts for Examination, Processing, and Determination of Medicaid Claims.
Section 5164.46 | Electronic Claims Submission Process; Electronic Fund Transfers.
Section 5164.47 | Contracting for Review and Analysis, Quality Assurance and Quality Review.
Section 5164.471 | Summary Data Regarding Perinatal Services.
Section 5164.48 | Medicaid Payments Made to Organization on Behalf of Providers.
Section 5164.55 | Final Fiscal Audits.
Section 5164.56 | Lien for Amount Owed by Provider.
Section 5164.57 | Recovery of Medicaid Overpayments.
Section 5164.58 | Agency Action to Recover Overpayment to Provider.
Section 5164.59 | Deduction of Incorrect Payments.
Section 5164.60 | Interest on Medicaid Provider Excess Payments.
Section 5164.61 | Scope of Available Remedies for Recovery of Excess Payments.
Section 5164.70 | Limitations on Medicaid Payments for Services.
Section 5164.71 | Payments for Freestanding Medical Laboratory Charges.
Section 5164.72 | Limitations on Payments for Inpatient Hospital Care.
Section 5164.721 | Claims by Freestanding Birthing Centers.
Section 5164.73 | Division of Payments Between Physician or Podiatrist and Nurse.
Section 5164.74 | Reimbursement of Graduate Medical Education Costs.
Section 5164.741 | Payment for Graduate Medical Education Costs to Noncontracting Hospitals.
Section 5164.75 | Medicaid Payment for a Drug Subject to a Federal Upper Reimbursement Limit.
Section 5164.751 | State Maximum Allowable Cost Program.
Section 5164.752 | Determining Maximum Dispensing Fee.
Section 5164.753 | Dispensing Fee.
Section 5164.754 | Agreement for Multiple-State Drug Purchasing Program.
Section 5164.755 | Supplemental Drug Rebate Program.
Section 5164.757 | E-Prescribing Applications.
Section 5164.759 | Outpatient Drug Use Review Program.
Section 5164.7510 | Pharmacy and Therapeutics Committee.
Section 5164.7511 | Medication Synchronization for Medicaid Recipients.
Section 5164.7512 | Definitions for Sections 5164.7512 to 5164.7514.
Section 5164.7514 | Step Therapy Exemption Process.
Section 5164.7515 | Annual Benchmark for Prescribed Drug Spending Growth.
Section 5164.761 | Beta Testing of Updates to Billing Codes or Payment Rates.
Section 5164.78 | Medicaid Payment Rates for Certain Neonatal and Newborn Services.
Section 5164.80 | Public Notice for Changes to Payment Rates for Medicaid Assistance.
Section 5164.82 | Payment for Provider-Preventable Condition.
Section 5164.85 | Enrolling in Group Health Plan.
Section 5164.86 | Qualified State Long-Term Care Insurance Partnership Program.
Section 5164.88 | Coordinated Care Through Health Homes.
Section 5164.881 | Health Home Services.
Section 5164.89 | Case Management of Nonemergency Transportation Services.
Section 5164.90 | Transition of Medicaid Recipients to Community Settings.
Section 5164.91 | Integrated Care Delivery System.
Section 5164.911 | Integrated Care Delivery System Evaluation.
Section 5164.912 | Integrated Care Delivery System Standardized Claim Form.
Section 5164.92 | Advanced Diagnostic Imaging Services Coverage Under Medicaid Program.
Section 5164.93 | Incentive Payments for Adoption and Use of Electronic Health Record Technology.
Section 5164.94 | Delivery of Services in Culturally and Linguistically Appropriate Manners.
Section 5164.95 | Standards for Payments for Telehealth Services; Eligible Practitioners.
Section 5164.951 | Standards for Medicaid Payments for Services Provided Through Teledentistry.