Ohio Revised Code
Chapter 5167 | Medicaid Managed Care
Section 5167.40 | Appointment of Temporary Manager.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
The department of medicaid shall appoint a temporary manager for a medicaid managed care organization if the department determines that the medicaid managed care organization has repeatedly failed to meet substantive requirements specified in the "Social Security Act," sections 1903(m) and 1932, 42 U.S.C. 1396b(m) and 1396u-2; or 42 C.F.R. 438 Part I. The appointment of a temporary manager does not preclude the department from imposing other sanctions available to the department against the medicaid managed care organization.
The medicaid managed care organization shall pay all costs of having the temporary manager perform the temporary manager's duties, including all costs the temporary manager incurs in performing those duties. If the temporary manager incurs costs or liabilities on behalf of the medicaid managed care organization, the medicaid managed care organization shall pay those costs and be responsible for those liabilities.
The appointment of a temporary manager is not subject to Chapter 119. of the Revised Code, but the managed care organization may request a reconsideration of the appointment. Reconsiderations shall be requested and conducted in accordance with rules the medicaid director shall adopt under section 5167.02 of the Revised Code.
The appointment of a temporary manager does not cause the medicaid managed care organization to lose the right to appeal, in accordance with Chapter 119. of the Revised Code, any proposed termination or any decision not to revalidate the medicaid managed care organization's provider agreement or the right to initiate the sale of the medicaid managed care organization or its assets.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5167 | Medicaid Managed Care

Section 5167.01 | Definitions.

Section 5167.02 | Rules.

Section 5167.03 | Care Management System.

Section 5167.031 | Recognition of Pediatric Accountable Care Organizations.

Section 5167.04 | Inclusion of Alcohol, Drug Addiction, and Mental Health Services in Care Management System.

Section 5167.05 | Inclusion of Prescribed Drugs in Care Management System.

Section 5167.051 | Coverage of Services Provided by Pharmacist.

Section 5167.10 | Authority to Contract With Managed Care Orgainizations.

Section 5167.101 | Basis of Hospital Inpatient Capital Payment Portion of Payment to Medicaid Managed Care Organization.

Section 5167.102 | Use of Providers to Render Care to Enrollees.

Section 5167.103 | Performance Metrics; Publication.

Section 5167.11 | Managed Care Organization Contract to Provide Grievance Process.

Section 5167.12 | Requirements When Prescribed Drugs Are Included in Care Management System.

Section 5167.122 | Disclosure of Sources of Payment.

Section 5167.123 | Medicaid Mco Contracts With 340b Program Participants.

Section 5167.13 | Implementation of Coordinated Services Program for Enrollees Who Abuse Prescribed Drugs.

Section 5167.14 | Data Security Agreements for Managed Care Organization's Use of Drug Database.

Section 5167.15 | Chiropractic Services.

Section 5167.16 | Home Visits and Cognitive Behavioral Therapy.

Section 5167.17 | Enhanced Care Management Services for Pregnant Women and Women Capable of Becoming Pregnant.

Section 5167.171 | Uniform Prior Approval Form for Progesterone.

Section 5167.173 | Community Health Worker Services or Services Provided by Public Health Nurse.

Section 5167.18 | Identification of Fraud, Waste, and Abuse.

Section 5167.20 | Reference by Managed Care Organization to Noncontracting Participant.

Section 5167.201 | Payment of Nonsystem Provider for Emergency Services.

Section 5167.21 | Payments to Skilled Nursing Facility.

Section 5167.22 | Recoupment of Overpayment.

Section 5167.221 | Assessment of Recoupment Efforts.

Section 5167.24 | Third-Party Administrator as Single Pharmacy Benefit Manager.

Section 5167.241 | State Pharmacy Benefit Manager Contract; Payment Arrangements.

Section 5167.243 | Quarterly Reports.

Section 5167.244 | Violations; Penalty.

Section 5167.245 | Appeals Process.

Section 5167.26 | Records for Determining Costs.

Section 5167.30 | Managed Care Performance Payment Program.

Section 5167.31 | Financial Incentive Awards.

Section 5167.32 | Improving Integrity of Care Management System.

Section 5167.33 | Strategies Regarding Payment to Providers.

Section 5167.34 | Immunity From Liability.

Section 5167.40 | Appointment of Temporary Manager.

Section 5167.41 | Disenrolling Some or All Medicaid Recipients From Mco Plan Offered by a Managed Care Organization.

Section 5167.45 | Information About Medicaid Recipients' Races, Ethnicities, and Primary Languages.

Section 5167.47 | Compliance With Federal Mental Health and Addiction Parity Laws.