Ohio Revised Code
Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees
Section 5168.20 | [Repealed Effective 10/1/2023] Definitions for Sections 5168.20 to 5168.28.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
As used in sections 5168.20 to 5168.28 of the Revised Code:
(A) "Applicable assessment percentage" means the percentage specified in rules adopted under section 5168.26 of the Revised Code that is used in calculating a hospital's assessment under section 5168.21 of the Revised Code.
(B) "Assessment program year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year.
(C) "Cost reporting period" means the period of time used by a hospital in reporting costs for purposes of the medicare program.
(D) "Federal fiscal year" means the twelve-month period beginning the first day of October of a calendar year and ending the last day of September of the following calendar year.
(E)(1) Except as provided in division (E)(2) of this section, "hospital" means a hospital to which any of the following applies:
(a) The hospital is registered under section 3701.07 of the Revised Code as a general medical and surgical hospital or a pediatric general hospital and provides inpatient hospital services, as defined in 42 C.F.R. 440.10.
(b) The hospital is recognized under the medicare program as a cancer hospital and is exempt from the medicare prospective payment system.
(c) The hospital is a psychiatric hospital licensed under section 5119.33 of the Revised Code.
(2) "Hospital" does not include either of the following:
(a) A federal hospital;
(b) A hospital that does not charge any of its patients for its services.
(F) "Hospital care assurance program" means the program established under sections 5168.01 to 5168.14 of the Revised Code.
(G) "State fiscal year" means the twelve-month period beginning the first day of July of a calendar year and ending the last day of June of the following calendar year.
(H)(1) Except as provided in divisions (H)(2) and (3) of this section, "total facility costs" means the total costs to a hospital for all care provided to all patients, including the direct, indirect, and overhead costs to the hospital of all services, supplies, equipment, and capital related to the care of patients, regardless of whether patients are enrolled in a health insuring corporation.
(2) "Total facility costs" excludes all of the following of a hospital's costs as shown on the cost-reporting data used for purposes of determining the hospital's assessment under section 5168.21 of the Revised Code:
(a) Skilled nursing services provided in distinct-part nursing facility units;
(b) Home health services;
(c) Hospice services;
(d) Ambulance services;
(e) Renting durable medical equipment;
(f) Selling durable medical equipment.
(3) "Total facility costs" excludes any costs excluded from a hospital's total facility costs pursuant to rules, if any, adopted under division (B)(1) of section 5168.26 of the Revised Code.
Last updated September 8, 2021 at 5:17 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.