5160-3-32 Debt estimation methodology for change of operator, facility closure, voluntary termination, involuntary termination, or voluntary withdrawal for nursing facilities (NFs).

 

PUBLIC HEARING NOTICE OHIO DEPARTMENT OF MEDICAID

 

DATE:                                     August 29, 2016

TIME:                                      11:00 a.m.

LOCATION:                           Room A501, Lazarus Building

50 W. Town St., Columbus, OH 43215

 

Pursuant to section 5165.02 and Chapter 119. of the Ohio Revised Code, the director of the Ohio Department of Medicaid gives notice of the department's intent to consider the adoption, amendment, or rescission of the rule or rules as identified below and of a public hearing thereon.

 

Proposed for Amendment

 

Rule 5160-3-32, entitled "Nursing facilities (NFs): debt estimation methodology" sets forth the debt estimation methodology for nursing facilities. This rule was reviewed pursuant to a five-year rule review. As a result of that review, this rule is being proposed for amendment. The changes to the rule are:

·         The rule title is being modified to be consistent with the titles of other nursing facility rules in Chapter 5160-3 of the Administrative Code. Additionally, language in the title regarding change of operator, facility closure, voluntary termination, involuntary termination, and voluntary withdrawal is being moved to paragraph (A) to streamline the title and enhance readability.

·         Provisions are being added in new paragraph (B)(2) to include overpayments determined by the Department of Medicaid (ODM) pursuant to ORC section 5165.49 in order to align with statute.

·         In new paragraphs (B)(3)(a) and (B)(4), language is being modified to reflect current federal operational procedures regarding collection of monies owed.

·         A date is being added to the Code of Federal Regulations (C.F.R.) citation in new paragraph (B)(4) in order to comply with Joint Committee on Agency Rule Review (JCARR) rule filing requirements.

·         Ohio Revised Code citations are being updated because Am. Sub. HB 59 of the 130th General Assembly created the Ohio Department of Medicaid, and subsequently relocated and reorganized many Revised Code provisions governing the Medicaid program.

·         Ohio Administrative Code references are being updated due to the creation of the  Ohio Department of Medicaid by Am. Sub. HB 59 of the 130th General Assembly and the subsequent renumbering of rules by the Legislative Services Commission.

·         The Department's name is being updated from the Ohio Department of Job and  Family Services (ODJFS) to the Ohio Department of Medicaid (ODM) because of the creation of the Ohio Department of Medicaid.

·         Paragraph references are being updated due to the addition of new paragraph (B)(2).

 

Rule 5160-3-32.1, entitled "Nursing facilities: debt estimate and debt summary report procedure" sets forth the debt estimate and debt summary report procedures for nursing facilities. This rule was reviewed pursuant to a five-year rule review. As a result of that review, this rule is being proposed for amendment. The changes to the rule are:

·         The rule title is being modified to be consistent with the titles of other nursing facility rules in Chapter 5160-3 of the Administrative Code. Additionally, language in the

 

 

title regarding change of operator, facility closure, voluntary termination, involuntary termination, and voluntary withdrawal is being moved to paragraph (A) to streamline the title and enhance readability.

·         Throughout the rule, the term "registered mail" is being changed to "certified mail" because certified mail is the Ohio Department of Medicaid's preferred method of mailing and is consistent with the method specified in other Medicaid rules.

·         In paragraphs (B)(2) and (C)(2), new provisions are being added that allow notice of the initial debt summary report to be served through the Ohio Secretary of State if the affected party is a corporation or limited liability company doing business in Ohio or is incorporated in Ohio and service cannot be obtained on the statutory agent because the affected party has failed to maintain an agent, the agent cannot be found, or the agent's address is no longer valid.

·         Non-profit corporations and limited liability companies (LLCs) are being added to the list of entities that may be served through their statutory agent because nursing facilities may be organized as non-profits or LLCs.

·         New provisions are being added that allow the Department of Medicaid to make either personal delivery of notice of an initial or revised debt summary report or to publish notice of an initial or revised debt summary report once in a newspaper of general circulation in the county where the last known address of the affected party is located when notice has been sent by certified or ordinary mail but returned for  failure of delivery. When notice is given by publication, a proof-of publication affidavit shall be mailed by ordinary mail to the affected party at the affected party's last known address and the notice shall be deemed received as of the date of publication. Publication is being made an option to personal service because, if a nursing facility is no longer in business, personal service may not be possible.

·         New provisions are being added regarding deadlines for requests for review of an initial and revised debt summary report when the notice is by publication or served by the Ohio secretary of state's office.

·         Ohio Revised Code citations are being updated because Am. Sub. HB 59 of the 130th General Assembly created the Ohio Department of Medicaid, and subsequently relocated and reorganized many Revised Code provisions governing the Medicaid program.

·         Ohio Administrative Code references are being updated due to the creation of the  Ohio Department of Medicaid by Am. Sub. HB 59 of the 130th General Assembly and the subsequent renumbering of rules by the Legislative Services Commission.

·         The Department's name is being updated from the Ohio Department of Job and  Family Services (ODJFS) to the Ohio Department of Medicaid (ODM) because of the creation of the Ohio Department of Medicaid.

·         Grammatical changes are being made to improve readability.

A copy of the proposed rule(s) is available, without charge, to any person affected by the rule(s) at the address listed below. The rule(s) is also available on the internet at  http://www.registerofohio.state.oh.us/. A public hearing on the proposed rule(s) will be held at the date, time, and location listed at the top of this notice. Written and oral testimony will be taken at the public hearing. Additionally, written comments submitted or postmarked no later than the date of the public hearing will be treated as testimony.

Requests for a copy of the proposed rule(s) or comments on the rule(s) should be submitted by mail to the Ohio Department of Medicaid, Office of Legal Counsel, 50 W. Town Street,

4th Floor, Columbus, Ohio 43215-3414, by fax at [phone], or by e-mail at  [e-mail]. Testimony received may be reviewed at this address.