Ohio Revised Code
Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees
Section 5168.06 | [Repealed Effective 10/16/2023] Annual Assessment.

Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) For the purpose of distributing funds to hospitals under the medicaid program pursuant to sections 5168.01 to 5168.14 of the Revised Code and depositing funds into the health care/medicaid support and recoveries fund created under section 5162.52 of the Revised Code, there is hereby imposed an assessment on all hospitals. Each hospital's assessment shall be based on total facility costs. All hospitals shall be assessed according to the rate or rates established each program year in rules adopted under section 5168.02 of the Revised Code. The department shall assess all hospitals uniformly and in a manner consistent with federal statutes and regulations. During any program year, the department shall not assess any hospital more than two per cent of the hospital's total facility costs.
The department shall establish an assessment rate or rates each program year that will do both of the following:
(1) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce a program of sufficient size to pay a substantial portion of the indigent care provided by hospitals;
(2) Yield funds that, when combined with intergovernmental transfers and federal matching funds, will produce amounts for distribution to disproportionate share hospitals that do not exceed, in the aggregate, the limits prescribed by the United States centers for medicare and medicaid services under the "Social Security Act," section 1923(f), 42 U.S.C. 1396r-4(f).
(B)(1) Except as provided in division (B)(3) of this section, each hospital shall pay its assessment in periodic installments in accordance with a schedule established in rules adopted under section 5168.02 of the Revised Code.
(2) The installments shall be equal in amount, unless either of the following applies:
(a) The department makes adjustments during a program year under division (D) of section 5168.08 of the Revised Code in the total amount of hospitals' assessments;
(b) The medicaid director determines that adjustments in the amounts of installments are necessary for the administration of sections 5168.01 to 5168.14 of the Revised Code and that unequal installments will not create cash flow difficulties for hospitals.
(3) The director may adopt rules under section 5168.02 of the Revised Code establishing alternate schedules for hospitals to pay assessments under this section in order to reduce hospitals' cash flow difficulties.
Last updated September 8, 2021 at 5:09 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees

Section 5168.01 | [Repealed Effective 10/16/2023] Hospital Care Assurance Program Definitions.

Section 5168.02 | [Repealed Effective 10/16/2023] Adoption of Rules.

Section 5168.03 | [Repealed Effective 10/16/2023] Provisions Dependent on Assessment as Permissible Health Care-Related Tax.

Section 5168.04 | [Repealed Effective 10/16/2023] Program Year Basis of Operation.

Section 5168.05 | [Repealed Effective 10/16/2023] Submitting Financial Statement and Cost Report.

Section 5168.06 | [Repealed Effective 10/16/2023] Annual Assessment.

Section 5168.07 | [Repealed Effective 10/16/2023] Requiring Governmental Hospitals to Make Intergovernmental Transfers.

Section 5168.08 | [Repealed Effective 10/16/2023] Preliminary Determination of Assessment.

Section 5168.09 | [Repealed Effective 10/16/2023] Methodology to Pay Hospitals Sufficient to Expend All Money in Indigent Care Pool.

Section 5168.10 | [Repealed Effective 10/16/2023] Prohibiting Replacing Funds Appropriated for Medicaid Program.

Section 5168.11 | [Repealed Effective 10/16/2023] Hospital Care Assurance Program Fund.

Section 5168.13 | [Repealed Effective 10/16/2023] Confidentiality.

Section 5168.14 | Providing Basic, Medically Necessary Hospital-Level Services to Individuals Who Are Residents.

Section 5168.20 | [Repealed Effective 10/1/2023] Definitions for Sections 5168.20 to 5168.28.

Section 5168.21 | [Repealed Effective 10/1/2023] Additional Annual Assessment.

Section 5168.22 | [Repealed Effective 10/1/2023] Preliminary Determination of Assessment Amount.

Section 5168.23 | [Repealed Effective 10/1/2023] Assessment Payment Schedule.

Section 5168.24 | [Repealed Effective 10/1/2023] Audit.

Section 5168.25 | [Repealed Effective 10/1/2023] Hospital Assessment Fund.

Section 5168.26 | [Repealed Effective 10/1/2023] Excluded Costs.

Section 5168.27 | [Repealed Effective 10/1/2023] Implementation Shall Not Cause Reduction in Federal Participation for Medicaid Program.

Section 5168.28 | [Repealed Effective 10/1/2023] Determination of Assessment as Impermissible Health Care-Related Tax.

Section 5168.40 | Franchise Permit Fee Definitions.

Section 5168.41 | Determination of Nursing Home and Hospital Long-Term Care Franchise Permit Fee Rate.

Section 5168.42 | Annual Franchise Permit Fee.

Section 5168.43 | Waiver of Franchise Permit Fee.

Section 5168.44 | Approval of Waiver; Reduction in Franchise Permit Fee Rate.

Section 5168.45 | Increase in Franchise Permit Fee Rate.

Section 5168.46 | Annual Reports.

Section 5168.47 | Determination, Notice, and Payment of Annual Fee.

Section 5168.48 | Redetermination of Franchise Permit Fees.

Section 5168.49 | Change of Operator; Division of Franchise Permit Fees.

Section 5168.50 | Direct Billing for Franchise Permit Fee Prohibited.

Section 5168.51 | Assessment for Past Due Fee Installment.

Section 5168.52 | Additional Sanctions for Past Due Fee Installment.

Section 5168.53 | Appeals.

Section 5168.54 | Nursing Home Franchise Permit Fee Fund.

Section 5168.55 | Investigations; Enforcement.

Section 5168.56 | Implementing Provisions.

Section 5168.60 | Definitions for r.c. 5168.60 to 5168.71.

Section 5168.61 | Icf/iid Quarterly Franchise Permit Fees.

Section 5168.62 | Monthly Report.

Section 5168.63 | Determination, Notice and Payment of Quarterly Franchise Permit Fee.

Section 5168.64 | Consequences of Converting Beds to Providing Home and Community-Based Services.

Section 5168.65 | Assessing Penalty for Overdue Installment.

Section 5168.66 | Additional Sanctions for Overdue Installment.

Section 5168.67 | Appeal of Fee.

Section 5168.68 | Home and Community-Based Services for Persons With Developmental Disabilities Fund.

Section 5168.69 | Department of Developmental Disabilities Operating and Services Fund.

Section 5168.70 | Investigation; Enforcement.

Section 5168.71 | Adoption of Rules.

Section 5168.75 | Definitions for r.c. 5168.75 to 5168.86.

Section 5168.76 | Franchise Fee on Health Insuring Corporation Plans.

Section 5168.77 | Component Due Dates.

Section 5168.78 | Documentation.

Section 5168.79 | Determination of Higher Fee.

Section 5168.80 | Request for Reconsideration.

Section 5168.81 | Penalty for Overdue Payments.

Section 5168.82 | Waiver Required.

Section 5168.83 | Refunds.

Section 5168.84 | Modification or Cessation.

Section 5168.85 | Health Insuring Corporation Franchise Fee Fund.

Section 5168.86 | Implementation.

Section 5168.90 | Quarterly Report to Jmoc.

Section 5168.99 | [Repealed Effective 10/16/2023] Penalties.

Section 5168.991 | [Repealed Effective 10/16/2023] Offsetting Unpaid Penalty.