5160-3-01 Definitions.  

  • Text Box: ACTION: Original Text Box: DATE: 08/04/2016 8:03 AM

     

    PUBLIC HEARING NOTICE OHIO DEPARTMENT OF MEDICAID

     

    DATE:                                     September 8, 2016

    TIME:                                      10:00 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 Rescission

     

    Rule 5160-3-01, entitled "Definitions" sets forth definitions used in Chapter 5160-3 of the Administrative Code. This rule was reviewed pursuant to a five-year rule review. As a result of that review, this rule is being proposed for rescission and is being replaced by new rule 5160-3-01.

     

    Proposed for Adoption

     

    Rule 5160-3-01, entitled "Nursing facilities (NFs): definitions" sets forth definitions used in Chapter 5160-3 of the Administrative Code. This rule is being proposed for adoption to replace rule 5160-3-01, which is being proposed for rescission. The differences between this rule and the rule it is replacing 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.

    ·         In the opening paragraph, a reference is being added to ORC section 5165.01 to incorporate many definitions contained in that section that are related to the Ohio Department of Medicaid's nursing facility program. At the same time, most definitions contained in ORC section 5165.01 are being deleted from this rule in order to       avoid duplication.

    ·         Most provisions related to intermediate care facilities for individuals with intellectual disabilities (ICFs-IID) are being deleted because, pursuant to section 5162.35 of the Revised Code, the Department of Medicaid has entered into a contract with the Department of Developmental Disabilities that provides for the Department of Developmental Disabilities to administer the component of the Medicaid program regarding coverage of services provided by ICFs-IID.

    ·         The definitions of "allowable costs" and "related party" are being modified to refer to ORC section 5165.01 and remove language that is in that ORC section in order to avoid unnecessary duplication.

    ·         The definition of "cost of construction" is being deleted from this rule because it is related to the definition of "extensive renovation," which is also being deleted from this rule.

    ·         The definition of "extensive renovation" is being deleted from this rule because it was related to the previous cost-based system of nursing facility reimbursement, and is no longer needed.

     

     

     

     

    ·         The definition of "intermediate care facility for the mentally retarded (ICF-MR)" is being updated to "intermediate care facility for individuals with intellectual disabilities (ICF-IID)" to align with current terminology, and is being modified to refer to section 5124.01 of the Revised Code in order to mirror the statutory definition.

    ·         References to various publications, various publication dates, Code of Federal Regulations (C.F.R.) dates, and the effective date of generally accepted accounting principles in accordance with standards prescribed by the American Institute of CPAs are being updated to comply with Joint Commission on Agency Rule Review (JCARR) rule filing requirements.

    ·         In old paragraphs (BB)(6)(e) and (f), provisions regarding transactions occurring prior to December 28, 2000 are being deleted because they are no longer needed.

    ·         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.

    ·         Phrasing and grammatical changes are being made throughout the rule to improve clarity, comprehension, and readability.

    ·         Paragraph references are being updated as necessary due to the deletion of many definitions that are contained in ORC 5165.01.

    A copy of the proposed rule is available, without charge, to any person affected by the rule at the address listed below. The rule is also available on the internet at  http://www.registerofohio.state.oh.us/. A public hearing on the proposed rule 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 or comments on the rule 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 (614) 995-1301, or by e-mail at  Rules@Medicaid.Ohio.gov. Testimony received may be reviewed at this address.