Effective: November 22, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A)(1) Except as provided in division (B) of this section and in accordance with the process specified in rules authorized by this section, the department of medicaid shall do all of the following:
(a) Every quarter, determine the following two case-mix scores for each nursing facility:
(i) A quarterly case-mix score that includes each resident who is a medicaid recipient and is not a low resource utilization resident;
(ii) A quarterly case-mix score that includes each resident regardless of payment source.
(b) Every six months, determine a semiannual average case-mix score for each nursing facility by using the quarterly case-mix scores determined for the nursing facility pursuant to division (A)(1)(a)(i) of this section;
(c) After the end of each calendar year, determine an annual average case-mix score for each nursing facility by using the quarterly case-mix scores determined for the nursing facility pursuant to division (A)(1)(a)(ii) of this section.
(2) When determining case-mix scores under division (A)(1) of this section, the department shall use all of the following:
(a) Data from a resident assessment instrument specified in rules authorized by section 5165.191 of the Revised Code;
(b) Except as provided in rules authorized by this section, the case-mix values established by the United States department of health and human services;
(c) Except as modified in rules authorized by this section, the grouper methodology used on June 30, 1999, by the United States department of health and human services for prospective payment of skilled nursing facilities under the medicare program.
(B)(1) Subject to division (B)(2) of this section, the department, for one or more months of a calendar quarter, may assign to a nursing facility a case-mix score that is five per cent less than the nursing facility's case-mix score for the immediately preceding calendar quarter if any of the following apply:
(a) The provider does not timely submit complete and accurate resident assessment data necessary to determine the nursing facility's case-mix score for the calendar quarter;
(b) The nursing facility was subject to an exception review under section 5165.193 of the Revised Code for the immediately preceding calendar quarter;
(c) The nursing facility was assigned a case-mix score for the immediately preceding calendar quarter.
(2) Before assigning a case-mix score to a nursing facility due to the submission of incorrect resident assessment data, the department shall permit the provider to correct the data. The department may assign the case-mix score if the provider fails to submit the corrected resident assessment data not later than the earlier of the forty-fifth day after the end of the calendar quarter to which the data pertains or the deadline for submission of such corrections established by regulations adopted by the United States department of health and human services under Title XVIII and Title XIX.
(3) If, for more than six months in a calendar year, a provider is paid a rate determined for a nursing facility using a case-mix score assigned to the nursing facility under division (B)(1) of this section, the department may assign the nursing facility a cost per case-mix unit that is five per cent less than the nursing facility's actual or assigned cost per case-mix unit for the immediately preceding calendar year. The department may use the assigned cost per case-mix unit, instead of determining the nursing facility's actual cost per case-mix unit in accordance with section 5165.19 of the Revised Code, to establish the nursing facility's rate for direct care costs for the fiscal year immediately following the calendar year for which the cost per case-mix unit is assigned.
(4) The department shall take action under division (B)(1), (2), or (3) of this section only in accordance with rules authorized by this section. The department shall not take an action that affects rates for prior payment periods except in accordance with sections 5165.41 and 5165.42 of the Revised Code.
(C) The medicaid director shall adopt rules under section 5165.02 of the Revised Code as necessary to implement this section.
(1) The rules shall do all of the following:
(a) Specify the process for determining the semiannual and annual average case-mix scores for nursing facilities;
(b) Adjust the case-mix values specified in division (A)(2)(b) of this section to reflect changes in relative wage differentials that are specific to this state;
(c) Express all of those case-mix values in numeric terms that are different from the terms specified by the United States department of health and human services but that do not alter the relationship of the case-mix values to one another;
(d) Modify the grouper methodology specified in division (A)(2)(c) of this section as follows:
(i) Establish a different hierarchy for assigning residents to case-mix categories under the methodology;
(ii) Allow the use of the index maximizer element of the methodology;
(iii) Incorporate changes to the methodology the United States department of health and human services makes after June 30, 1999;
(iv) Make other changes the department determines are necessary.
(e) Establish procedures under which resident assessment data shall be reviewed for accuracy and providers shall be notified of any data that requires correction;
(f) Establish procedures for providers to correct resident assessment data and specify a reasonable period of time by which providers shall submit the corrections. The procedures may limit the content of corrections in the manner required by regulations adopted by the United States department of health and human services under Title XVIII and Title XIX.
(g) Specify when and how the department will assign case-mix scores or costs per case-mix unit to a nursing facility under division (B) of this section if information necessary to calculate the nursing facility's case-mix score is not provided or corrected in accordance with the procedures established by the rules.
(2) Notwithstanding any other provision of this chapter, the rules may provide for the exclusion of case-mix scores assigned to a nursing facility under division (B) of this section from the determination of the nursing facility's semiannual or annual average case-mix score and the cost per case-mix unit for the nursing facility's peer group.
Structure Ohio Revised Code
Chapter 5165 | Medicaid Coverage of Nursing Facility Services
Section 5165.01 | Definitions.
Section 5165.011 | Nursing Facility References.
Section 5165.03 | Admission of Mentally Ill Person to Nursing Facility.
Section 5165.04 | Assessment to Determine Level of Care.
Section 5165.06 | Nursing Facility Eligibility.
Section 5165.07 | Provider Agreement Requirements.
Section 5165.071 | Facility Operator May Contract With More Than One Provider.
Section 5165.072 | Revalidation.
Section 5165.08 | Nursing Facilities' Provider Agreement Terms.
Section 5165.081 | Action Against Facility for Breach of Provider Agreement or Other Duties.
Section 5165.082 | Qualification of Beds.
Section 5165.10 | Annual Cost Report.
Section 5165.101 | Cost of Franchise Permit Fee Not Reimbursable Expense.
Section 5165.102 | Fines Excluded From Cost Report.
Section 5165.103 | Completion of Cost Reports.
Section 5165.104 | Form of Cost Reports; Guidelines.
Section 5165.105 | Addendum for Disputed Costs.
Section 5165.106 | Termination for Failure to File Report.
Section 5165.107 | Amendments to Cost Reports.
Section 5165.108 | Desk Review of Cost Report.
Section 5165.1010 | Nursing Facility Fines.
Section 5165.15 | Calculation of Payments to Nursing Facility Providers.
Section 5165.151 | Initial Rates for New Nursing Facilities.
Section 5165.152 | Payments for Services Provided to Low Resource Utilization Residents.
Section 5165.153 | Rates for Outlier Facilities or Units.
Section 5165.155 | Amount of Payments for Dual Eligible Individuals.
Section 5165.156 | Centers of Excellence Component.
Section 5165.157 | Alternative Purchasing Model for Nursing Facility Services.
Section 5165.16 | Per Medicaid Day Payment Rate for Ancillary and Support Costs; Peer Groups.
Section 5165.17 | Per Medicaid Day Payment Rate for Reasonable Capital Costs.
Section 5165.19 | Per Medicaid Day Payment Rate for Direct Care Costs.
Section 5165.191 | Resident Assessment Data.
Section 5165.192 | Case-Mix Scores for Nursing Facilities.
Section 5165.193 | Exception Review of Assessment Data.
Section 5165.21 | Per Medicaid Day Payment Rate for Tax Costs.
Section 5165.23 | Critical Access Incentive Payments to Qualified Facilities.
Section 5165.26 | Nursing Facility's per Medicaid Day Quality Incentive Payment Rate.
Section 5165.261 | Nursing Facility Payment Commission.
Section 5165.28 | Rate for Added, Replaced, or Renovated Beds.
Section 5165.29 | Cost of Operating Rights for Relocated Beds Not Allowable Cost.
Section 5165.30 | Related Party Costs to Pass Through.
Section 5165.32 | Reduction in Rate Not Permitted.
Section 5165.33 | No Payment for Discharge Date.
Section 5165.34 | Payments Made to Reserve Bed During Temporary Absence.
Section 5165.35 | Payments Made to Facility for Services Provided After Involuntary Termination.
Section 5165.37 | Calculating Rates and Making Payments.
Section 5165.38 | Reconsideration of Rate.
Section 5165.40 | Adjustment of Rates.
Section 5165.41 | Redetermination of Rates.
Section 5165.42 | Additional Penalties.
Section 5165.43 | Determination of Interest Rate.
Section 5165.45 | Deposits to General Revenue Fund.
Section 5165.46 | Administrative Adjudication.
Section 5165.47 | Claim for Medicaid Payment for Service Provided to Nursing Facility Resident.
Section 5165.49 | Post-Payment Reviews of Nursing Facility Medicaid Claims.
Section 5165.50 | Notice of Facility Closure or Withdrawal of Participation.
Section 5165.501 | Compliance With Social Security Act Required.
Section 5165.51 | Notice of Change of Operator.
Section 5165.511 | Agreements With Entering Operators Effective on Date of Change of Operator.
Section 5165.512 | Agreements With Entering Operators Effective on a Later Date.
Section 5165.513 | Entering Operator Duties Under Provider Agreement.
Section 5165.514 | Exiting Operator Deemed Operator Pending Change.
Section 5165.515 | Provider Agreement With Operator Not Complying With Prior Agreement.
Section 5165.516 | Medicaid Reimbursement Adjustments; Change of Operator.
Section 5165.517 | Determination of Change of Operator for Purposes of Licensure Not Controlling.
Section 5165.52 | Overpayment Amounts Determined Following Notice of Closure, Etc.
Section 5165.521 | Withholding Amounts Owed From Medicaid Payments to Exiting Operator.
Section 5165.522 | Cost Report by Exiting Operator; Waiver.
Section 5165.523 | Failure to File Cost Report; Payments Deemed Overpayments.
Section 5165.524 | Final Payment Withheld Pending Receipt of Cost Reports.
Section 5165.525 | Determination of Debt of Exiting Operator; Summary Report.
Section 5165.526 | Release of Amount Withheld Less Amounts Owed.
Section 5165.527 | Release of Amount Withheld on Postponement of Change of Operator.
Section 5165.528 | Disposition of Amounts Withheld From Payment Due an Exiting Operator.
Section 5165.53 | Adoption of Rules Regarding Change in Operators.
Section 5165.60 | Definitions for Sections 5165.60 to 5165.89.
Section 5165.61 | Adoption of Rules.
Section 5165.62 | Enforcement of Provisions.
Section 5165.63 | Contracts With State Agencies for Enforcement.
Section 5165.64 | Annual Standard Surveys.
Section 5165.65 | Exit Interview With Administrator.
Section 5165.66 | Citations for Failure to Comply With One or More Certification Requirements.
Section 5165.67 | Survey Results.
Section 5165.68 | Statement of Deficiencies.
Section 5165.69 | Plan of Correction.
Section 5165.70 | On-Site Monitoring.
Section 5165.71 | Deficiencies Not Substantially Corrected.
Section 5165.72 | Uncorrected Deficiencies Constituting Severity Level Four Findings.
Section 5165.75 | Imposing Remedies and Fines.
Section 5165.76 | Fine Collected if Termination Order Does Not Take Effect.
Section 5165.77 | Emergency Remedies.
Section 5165.771 | Special Focus Facility Program.
Section 5165.78 | Appointment of Temporary Resident Safety Assurance Manager.
Section 5165.79 | Terminating Provider Agreements.
Section 5165.80 | Transfer of Residents to Other Appropriate Care Settings.
Section 5165.81 | Qualifications of Temporary Manager of Nursing Facility.
Section 5165.82 | Residents to Whom Denial of Medicaid Payments Applies.
Section 5165.84 | Order Denying Payment When Deficiency Is Not Corrected Within Time Limits.
Section 5165.85 | Termination of Participation for Failure to Correct Deficiency Within Six Months.
Section 5165.86 | Delivery of Notices.
Section 5165.88 | Confidentiality.
Section 5165.89 | Hearing on Transfer or Discharge of Resident Who Medicaid or Medicare Beneficiary.