5123:2-9-02 Home and community-based services waivers - ensuring the suitability of services and service settings.

 

 

 

5123:2-9-02                 HCBS waivers - Designation of local matching funds.

 

 

 

(A)Purpose

 

The purpose of this rule is to delineate the procedures by which county boards may supplement their state matching funds allocation for HCBS waiver services. Additionally, this rule specifies those sources of funds that may be used to supplement the county board state match allocation. This rule provides the department authority to withhold subsidies and other payments that are otherwise due the county to ensure adequate match for HCBS waiver services.

 

(B)Definitions

 

(1)"Consolidated subsidies payment" means the semi-annual transfer of state subsidy funds to county boards. Subsidy payments are consolidated to reduce the number of payments made by the state and transfer subsidies to county boards in the most time efficient and economical manner.

 

(2)"County board" means a county board of mental retardation and developmental disabilities established under Chapter 5126. of the Revised Code.

 

(3)"Department"   means   the   Ohio   department   of   mental   retardation   and developmental disabilities.

 

(4)"Fund transfers" means the payment by a county board to the department of public funds to be used as matching funds for HCBS waiver services.

 

(5)"HCBS" means medicaid-funded home and community-based services provided under a medicaid component that the department administers pursuant to section 5111.871 of the Revised Code.

 

(6)"Matching funds" means the nonfederal share of medicaid eligible expenditures for services provided to medicaid eligible individuals, which is the cost of medicaid services less the amount of federal financial participation (FFP).

 

(7)"Pledge" means the designation of funding sources and amount of funds that county boards authorize the department to withhold from subsidies or other payments due the county to be used as matching funds for HCBS waiver services.

 

(8)"Risk fund" means county MR/DD reserve funds established pursuant to section 5705.091 of the Revised Code.

 

(C)In accordance with section 5126.057 of the Revised Code, a county board that has local medicaid administrative authority shall pay the matching funds for eligible individuals receiving medicaid home and community-based services that the department is not required to pay under paragraph (C) of section 5123.047 of the Revised Code.

 

 

(D) County boards may supplement any state matching funds for medicaid services allocated to the county by the department by designation of local funds or state subsidies distributed by the department for non-medicaid programs or services.

(1) The county board may designate for use as medicaid matching funds, amounts from the following funding sources:

(a) County board operating subsidy;

(b) Tax equity;

(c) Supported living subsidy;

(d)Family support services subsidy;

(e) Local levy funds;

(f)Earned federal revenue;

(g) Other public funds.

(2) Methods of designating county board matching funds

(a) Pledges to withhold subsidies, earned federal revenue or other public funds due the county board from the department

(i) At least twice annually, concurrent with the transmittal of the state consolidated payment, county boards may pledge amounts of state subsidies distributed by the department for non-medicaid programs or services to be used as matching funds for medicaid services by submitting the designation of matching funds form prescribed by the department.

(ii) County boards may request the department to withhold any earned federal revenue due the county board by submitting the designation of matching funds form prescribed by the department.

(b) Fund transfers of local levy funds or other county public  funds  will require payment by electronic funds transfer (EFT) or check made payable to the "Treasurer, State of Ohio." Fund transfers are to be submitted to the department with the designation of matching funds form prescribed by the department not later than June tenth of the state fiscal year in which services are rendered.

(E) County boards that fail to pay the matching funds of medicaid expenditures shall be subject to any of the following actions by the department to recover any shortfall of

match for actual expenditures for medicaid services:

(1) Withholding of any subsidies due the county from the department.

(2) Reduction of payments for medicaid earned federal revenue for service rendered by the county.

(3) Bringing  a  mandamus  action  against  the  county  board  pursuant  to  section 5123.0411 of the Revised Code.

(4) Requesting the county to withdraw money from the respective county board's risk fund. These funds shall be transferred to the department to be used as matching funds for medicaid HCBS waiver services.

Effective:

R.C. 119.032 review dates:

Certification

Date

Promulgated Under:	119.03
Statutory Authority:	5123.04, 5111.871
Rule Amplifies:	5123.04, 5126.057, 5111.871