Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) Not later than four months after July 17, 2009, the department of medicaid shall apply to the United States secretary of health and human services for a waiver under the "Social Security Act," section 1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both of the following regarding the franchise permit fee assessed under section 5168.42 of the Revised Code:
(1) Reduce the franchise permit fee rate to zero dollars for each nursing home licensed under section 3721.02 or 3721.09 of the Revised Code to which either of the following applies:
(a) The nursing home:
(i) Is exempt from state taxation under section 140.08 of the Revised Code or is exempt from state taxation as a home for the aged as defined in section 5701.13 of the Revised Code;
(ii) Is exempt from federal income taxation under section 501 of the Internal Revenue Code of 1986;
(iii) Does not participate in medicaid or medicare; and
(iv) Provides services for the life of each resident without regard to the resident's ability to secure payment for the services.
(b) The nursing home:
(i) Has had a written affiliation agreement with a university in this state for education and research related to Alzheimer's disease for each of the twenty years preceding July 17, 2009, and has such an agreement on July 17, 2009;
(ii) Was constructed pursuant to a certificate of need granted under Section 3 of Am. Sub. S.B. 256 of the 116th general assembly; and
(iii) Does not participate in medicaid or medicare.
(2) For each nursing facility with more than two hundred beds certified as nursing facility beds under Title XIX, reduce the franchise permit fee rate for a number of the nursing facility's beds specified by the department to the amount necessary to obtain approval of the waiver sought under this section.
(B) The effective date of the waiver sought under this section shall be the first day of the quarter beginning after the United States secretary approves the waiver.
Structure Ohio Revised Code
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Section 5168.01 | [Repealed Effective 10/16/2023] Hospital Care Assurance Program Definitions.
Section 5168.02 | [Repealed Effective 10/16/2023] Adoption of Rules.
Section 5168.04 | [Repealed Effective 10/16/2023] Program Year Basis of Operation.
Section 5168.05 | [Repealed Effective 10/16/2023] Submitting Financial Statement and Cost Report.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 5168.08 | [Repealed Effective 10/16/2023] Preliminary Determination of Assessment.
Section 5168.11 | [Repealed Effective 10/16/2023] Hospital Care Assurance Program Fund.
Section 5168.13 | [Repealed Effective 10/16/2023] Confidentiality.
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 5168.40 | Franchise Permit Fee Definitions.
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 5168.54 | 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 5168.69 | 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 5168.84 | 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.