Ohio Revised Code
Chapter 5168 | Hospital Care Assurance Program; Health Care Franchise Permit Fees
Section 5168.76 | Franchise Fee on Health Insuring Corporation Plans.

Effective: June 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) For the purposes specified in section 5168.85 of the Revised Code and subject to sections 5168.82, 5168.83, and 5168.84 of the Revised Code, a franchise fee is hereby imposed each month beginning with July 2017 on each health insuring corporation plan. The franchise fee shall have a component based on Ohio medicaid member months and another component based on other Ohio member months.
(B) The department of medicaid shall determine the amount of  the monthly franchise fee to be imposed on a health insuring  corporation plan under the component based on Ohio medicaid member  months. The determination shall be made as part of the process of  determining the annual capitated payment rates to be paid to  medicaid managed care organizations under the care management  system. The following rates shall be used as part of the  determination:


(C) The amount of the monthly franchise fee to be imposed on a health insuring corporation plan under the component based on other Ohio member months shall be determined by multiplying the number of other Ohio member months that the health insuring corporation plan had for the month by the applicable rate or rates. The applicable rate or rates to be used in the calculation for a health insuring corporation plan for a month shall depend on the cumulative total number of other Ohio member months the health insuring corporation plan had for all of a rate year's months that ended before the beginning of the month in which the franchise fee is due.
The following table shows the applicable rate or rates:

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Section 5168.01 | [Repealed Effective 10/16/2023] Hospital Care Assurance Program Definitions.

Section 5168.02 | [Repealed Effective 10/16/2023] Adoption of Rules.

Section 5168.03 | [Repealed Effective 10/16/2023] Provisions Dependent on Assessment as Permissible Health Care-Related Tax.

Section 5168.04 | [Repealed Effective 10/16/2023] Program Year Basis of Operation.

Section 5168.05 | [Repealed Effective 10/16/2023] Submitting Financial Statement and Cost Report.

Section 5168.06 | [Repealed Effective 10/16/2023] Annual Assessment.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