Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
The department of developmental disabilities shall do all of the following:
(A) Subject to section 5168.64 of the Revised Code and divisions (B) and (C) of this section and for the purposes specified in section 5168.69 of the Revised Code, quarterly assess each ICF/IID a franchise permit fee equal to the product of the following:
(1) The franchise permit fee rate;
(2) The number of the ICF/IID's inpatient days for the quarter as determined using the monthly reports submitted to the department under section 5168.62 of the Revised Code.
(B) If the total amount of the franchise permit fee assessed under division (A) of this section for a fiscal year exceeds the indirect guarantee percentage of the actual net patient revenue for all ICFs/IID for that fiscal year and seventy-five per cent or more of the total number of ICFs/IID 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 division (A) of this section using a per inpatient day rate equal to the indirect guarantee percentage of actual net patient revenue for all ICFs/IID for that fiscal year;
(2) Refund the difference between the total amount of the franchise permit fee assessed for that fiscal year under division (A) of this section and the amount recalculated under division (B)(1) of this section as a credit against the assessments imposed under division (A) of this section for the quarters of the subsequent fiscal year.
(C)(1) If the United States secretary of health and human services determines that the franchise permit fee established by sections 5168.60 to 5168.71 of the Revised Code would be an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), take all necessary actions to cease implementation of those sections in accordance with rules adopted under section 5168.71 of the Revised Code.
(2) If the United States secretary of health and human services adjusts the indirect guarantee percentage at any time during the fiscal year, adjust the franchise permit fee rate and associated ICF/IID invoices so as not to exceed the indirect guarantee percentage.
Last updated August 12, 2021 at 3:41 PM
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.