Ohio Revised Code
Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees
Section 5168.42 | Annual Franchise Permit Fee.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
The department of medicaid shall do all of the following:
(A) Subject to sections 5168.44, 5168.45, and 5168.48 of the Revised Code and divisions (C) and (D) of this section and for the purposes specified in section 5168.54 of the Revised Code, determine an annual franchise permit fee on each nursing home in an amount equal to the franchise permit fee rate multiplied by the product of the following:
(1) The number of beds licensed as nursing home beds, plus any other beds certified as skilled nursing facility beds under Title XVIII or nursing facility beds under Title XIX on the first day of May of the calendar year in which the fee is determined pursuant to division (A) of section 5168.47 of the Revised Code;
(2) The number of days in the fiscal year beginning on the first day of July of the calendar year in which the fee is determined pursuant to division (A) of section 5168.47 of the Revised Code.
(B) Subject to sections 5168.44, 5168.45, and 5168.48 of the Revised Code and divisions (C) and (D) of this section and for the purposes specified in section 5168.54 of the Revised Code, determine an annual franchise permit fee on each hospital in an amount equal to the franchise permit fee rate multiplied by the product of the following:
(1) The number of beds registered pursuant to section 3701.07 of the Revised Code as skilled nursing facility beds or long-term care beds, plus any other beds licensed as nursing home beds under section 3721.02 or 3721.09 of the Revised Code, on the first day of May of the calendar year in which the fee is determined pursuant to division (A) of section 5168.47 of the Revised Code;
(2) The number of days in the fiscal year beginning on the first day of July of the calendar year in which the fee is determined pursuant to division (A) of section 5168.47 of the Revised Code.
(C) If the total amount of the franchise permit fee assessed under divisions (A) and (B) of this section for a fiscal year exceeds the indirect guarantee percentage of the actual net patient revenue for all nursing homes and hospital long-term care units for that fiscal year and seventy-five per cent or more of the combined total number of nursing homes and hospital long-term care units receive enhanced medicaid payments or other state payments equal to seventy-five per cent or more of their total franchise permit fee assessments, do both of the following:
(1) Recalculate the assessments under divisions (A) and (B) of this section using a per bed per day rate equal to the indirect guarantee percentage of actual net patient revenue for all nursing homes and hospital long-term care units for that fiscal year;
(2) Refund the difference between the amount of the franchise permit fee assessed for that fiscal year under divisions (A) and (B) of this section and the amount recalculated under division (C)(1) of this section as a credit against the assessments imposed under divisions (A) and (B) of this section for the subsequent fiscal year.
(D) If the United States centers for medicare and medicaid services determines that the franchise permit fee established by sections 5168.40 to 5168.56 of the Revised Code is an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w), take all necessary actions to cease implementation of sections 5168.40 to 5168.56 of the Revised Code in accordance with rules adopted under section 5168.56 of the Revised Code.

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.