2011 Ohio Revised Code
Title [51] LI PUBLIC WELFARE
Chapter 5112: HOSPITAL CARE ASSURANCE PROGRAM
5112.46 [Repealed Effective 10/1/2013] Excluded costs.

(A) The director of job and family services shall adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code as necessary to implement sections 5112.40 to 5112.48 of the Revised Code, including rules that specify the percentage of hospitals’ total facility costs to be used in calculating hospitals’ assessments under section 5112.41 of the Revised Code.

(B) The rules adopted under this section may do the following:

(1) Provide that a hospital’s total facility costs for the purpose of the assessment under section 5112.41 of the Revised Code exclude any of the following:

(a) A hospital’s costs associated with providing care to recipients of any of the following:

(i) The medicaid program;

(ii) The medicare program;

(iii) The disability financial assistance program established under Chapter 5115. of the Revised Code;

(iv) The program for medically handicapped children established under section 3701.023 of the Revised Code;

(v) Services provided under the maternal and child health services block grant established under Title V of the Social Security Act.

(b) Any other category of hospital costs the director deems appropriate under federal law and regulations governing the medicaid program.

(2) Subject to division (C) of this section, provide for the percentage of hospitals’ total facility costs used in calculating hospitals’ assessments to vary for different hospitals;

(3) To reduce hospitals’ cash flow difficulties, establish a schedule for hospitals to pay their assessments that is different from the schedule established under section 5112.43 of the Revised Code.

(C) Before adopting rules authorized by division (B)(2) of this section that establish varied percentages to be used in calculating hospitals’ assessments, the director shall obtain a waiver from the United States secretary of health and human services under section 1903(w)(3)(E) of the “Social Security Act,” 105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if the varied percentages would cause the assessments to not be imposed uniformly.

Amended by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 10/1/2011.

Amended by 129th General Assembly File No. 28, HB 153, § 620.10, eff. 6/30/2011.

Repealed by 128th General Assembly File No. 9, HB 1, § 125.10, eff. 10/1/2013.

Added by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/17/2009.