5123:1-5-02 Assistance to enable a county board to pay the nonfederal share of medicaid expenditures for home and community-based services.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Mental Retardation and Developmental Disabilities

Agency Name

 

Fiscal Administration and State-Operated Services and Supports

Becky Phillips

Division                                                                  Contact

1810 Sullivant Avenue Columbus OH 43223-1239	[phone]	(614)
Agency Mailing Address (Plus Zip)	Phone	752-5302 Fax

5123:1-5-02

Rule Number

RESCISSION

TYPE of rule filing

Rule Title/Tag Line              Risk funds for extraordinary costs.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB530               General Assembly: 126           Sponsor: Representative

Calvert

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5123.04, 5123.0413

5.  Statute(s) the rule, as filed, amplifies or implements: 5123.04, 5123.0413, 5705.091

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To comply with House Bill 530. House Bill 530 repealed a requirement that each county board of MRDD establish a Medicaid Reserve Fund to pay for extraordinary costs.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule sets forth a process to establish and access county board medicaid reserve funds and identifies a process for accessing a state bridge fund. Both funds identified are established for the purpose of assisting the department and county boards, in consultation with ODJFS, to assure the health and welfare of an individual receiving home and community-based services when a county board is unable to pay the nonfederal share of medicaid expenditures for home and community-based services due to extraordinary costs on a short-term basis.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other materials by reference.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 9/15/2006

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase expenditures. Dollar amount unknown.

The department cannot predict how many counties will request financial assistance, how many counties will receive financial assistance, nor the amount of assistance provided.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

322-606, Fund 4U4 Community MR and DD Trust.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

None.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No