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Ohio Statutes, Title 51

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Ohio/Statutes

← All Ohio coverage

Title 51, Public Welfare

31 chapters · 2,012 sections in this title.

All chapters in Title 512,012 Ch 5123, Department of Developmental Disabilities182 Ch 5101, Department of Job and Family Service…145 Ch 5119, Department of Behavioral Health121 Ch 5120, Department of Rehabilitation and Cor…121 Ch 5165, Medicaid Coverage of Nursing Facilit…116 Ch 5103, Placement of Children113 Ch 5164, Medicaid State Plan Services113 Ch 5126, County Boards of Developmental Disab…111 Ch 5180, Department of Children and Youth94 Ch 5124, Intermediate Care Facility for Indiv…80 Ch 5153, County Children Services72 Ch 5104, Child Day-care69 Ch 5162, Medicaid and Medicaid Funds67 Ch 5168, Hospital Care Assurance Program; Hea…66

2,012 sections·Filtered byTitle 51✕

Ohio Rev. Code Ann. § 5165.78 Appointment of temporary resident safety assurance manager
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(A) If the department of medicaid determines that a nursing facility is experiencing or is likely to experience a serious financial loss or failure that jeopardizes or is likely to jeopardize the health, safety, and welfare of its residents, the department, subject to the provide…
Ohio Rev. Code Ann. § 5165.79 Terminating provider agreements
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(A) As used in this section, "terminating" includes not renewing. (B) A nursing facility's participation in the medicaid program shall be terminated under sections 5165.60 to 5165.89 of the Revised Code as follows: (1) If the department of medicaid is terminating the facility's p…
Ohio Rev. Code Ann. § 5165.80 Transfer of residents to other appropriate care settings
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(A) Whenever a nursing facility is closed under sections 5165.60 to 5165.89 of the Revised Code, the department of medicaid or contracting agency shall arrange for the safe and orderly transfer of all residents, including residents who are not medicaid eligible residents, to othe…
Ohio Rev. Code Ann. § 5165.81 Qualifications of temporary manager of nursing facility

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(A) A temporary manager of a nursing facility appointed by the department of medicaid or a contracting agency under sections 5165.60 to 5165.89 of the Revised Code shall meet all of the following qualifications: (1) Be licensed as a nursing home administrator under Chapter 4751. …

Ohio Rev. Code Ann. § 5165.82 Residents to whom denial of medicaid payments applies

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(A) An order issued under section 5165.72, 5165.73, 5165.74, 5165.77, or 5165.84 of the Revised Code denying medicaid payments to a nursing facility for all medicaid eligible residents admitted after its effective date, or an order issued under section 5165.72, 5165.73, or 5165.7…

Ohio Rev. Code Ann. § 5165.83 Fines

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(A) As used in this section, "certified beds" means beds certified under Title XVIII or Title XIX. (B) If the department of medicaid or a contracting agency imposes a fine on a nursing facility under section 5165.72, 5165.73, or 5165.74 of the Revised Code, it may impose one or m…

Ohio Rev. Code Ann. § 5165.84 Order denying payment when deficiency is not corrected within time limits

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(A) The department of medicaid or a contracting agency shall issue an order denying medicaid payments to a nursing facility for all medicaid eligible residents admitted to the facility on or after the effective date of the order, if the facility has failed to substantially correc…

Ohio Rev. Code Ann. § 5165.85 Termination of participation for failure to correct deficiency within six months

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(A) If a nursing facility notifies the department of medicaid or a contracting agency, at any time during the six-month period following the exit interview of a survey that was the basis for citing a deficiency or deficiencies, that the deficiency or deficiencies have been substa…

Ohio Rev. Code Ann. § 5165.86 Delivery of notices

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The department of medicaid, the department of health, and any contracting agency shall deliver a written notice, statement, or order to a nursing facility under sections 5165.60 to 5165.66 and 5165.69 to 5165.89 of the Revised Code by certified mail, hand delivery, or other means…

Ohio Rev. Code Ann. § 5165.87 Appeals

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(A) Except as provided in division (B) of this section, the following remedies are subject to appeal under Chapter 119. of the Revised Code: (1) An order issued under section 5165.71, 5165.72, 5165.77, or 5165.85 of the Revised Code terminating a nursing facility's participation …

Ohio Rev. Code Ann. § 5165.88 Confidentiality

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(A)(1) Except as required by court order, as necessary for the administration or enforcement of any statute relating to nursing facilities, or as provided in division (C) of this section, the department of medicaid and any contracting agency shall not release any of the following…

Ohio Rev. Code Ann. § 5165.89 Hearing on transfer or discharge of resident who medicaid or medicare beneficiary

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The department of health shall be the designee of the department of medicaid for the purpose of conducting a hearing pursuant to section 3721.162 of the Revised Code concerning a nursing facility's decision to transfer or discharge a resident if the resident is a medicaid recipie…

Ohio Rev. Code Ann. § 5165.99 Penalty

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(A) Whoever violates section 5165.102 or division (E) of section 5165.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for e…

Ohio Rev. Code Ann. § 5166.01 Definitions

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As used in this chapter: "209(b) option" means the option described in section 1902(f) of the "Social Security Act," 42 U.S.C. 1396a(f), under which the medicaid program's eligibility requirements for aged, blind, and disabled individuals are more restrictive than the eligibility…

Ohio Rev. Code Ann. § 5166.02 Rules governing medicaid waiver components

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(A) The medicaid director shall adopt rules in accordance with Chapter 119. of the Revised Code governing medicaid waiver components. The rules may establish all of the following: (1) Eligibility requirements for the medicaid waiver components; (2) The type, amount, duration, and…

Ohio Rev. Code Ann. § 5166.03 Notice of intent to request medicaid waiver

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The medicaid director may not submit a request to the United States secretary of health and human services for a medicaid waiver under the "Social Security Act," section 1115, 42 U.S.C. 1315, unless the director provides the speaker of the house of representatives and president o…

Ohio Rev. Code Ann. § 5166.04 Home and community-based services medicaid waiver components

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The following requirements apply to each home and community-based services medicaid waiver component: (A) Only an individual who qualifies for a component shall receive that component's medicaid services. (B) A level of care determination shall be made as part of the process of d…

Ohio Rev. Code Ann. § 5166.041 Provision of nursing services in a group visit under a home and community-based services medicaid waiver component

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A medicaid provider of nursing services may provide nursing services in a group visit under a home and community-based services medicaid waiver component if the component covers the nursing services, the number of medicaid recipients who receive the nursing services during the gr…

Ohio Rev. Code Ann. § 5166.05 Review of plans of care and individual service plans

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The department of medicaid may review and approve, modify, or deny written plans of care and individual service plans that section 5166.04 of the Revised Code requires be created for individuals determined eligible for a home and community-based services medicaid waiver component…

Ohio Rev. Code Ann. § 5166.06 Agency records of costs of medicaid waiver components

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Each administrative agency shall maintain, for a period of time the department of medicaid shall specify, financial records documenting the costs of medicaid services provided under the home and community-based services medicaid waiver components that the agency administers, incl…

Ohio Rev. Code Ann. § 5166.07 Agency accountable for medicaid waiver components funds

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Each administrative agency is financially accountable for funds expended for medicaid services covered by the home and community-based services medicaid waiver components that the agency administers.

Ohio Rev. Code Ann. § 5166.08 Agency contracting for medicaid waiver components; assurance of compliance

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Each state agency and political subdivision that enters into a contract with the department of medicaid under section 5162.35 of the Revised Code to administer a home and community-based services medicaid waiver component, or one or more aspects of such a component, shall provide…

Ohio Rev. Code Ann. § 5166.09 Reservation of participant capacity for individuals related to active duty military who were receiving services in another state

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Every home and community-based services medicaid waiver component shall reserve a portion of the participant capacity of the waiver for eligible individuals whose spouse or parent or legal guardian is an active duty military service member and, at the time of the service member's…

Ohio Rev. Code Ann. § 5166.10 Transfer of enrollee in one medicaid waiver component to another

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To the extent necessary for the efficient and economical administration of medicaid waiver components, the department of medicaid may transfer an individual enrolled in a medicaid waiver component administered by the department to another medicaid waiver component the department …

Ohio Rev. Code Ann. § 5166.11 Creation of medicaid waiver components for home and community-based services programs

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(A) As used in this section, "Ohio home care program" means the program the department of medicaid administers that provides state plan services and medicaid waiver component services pursuant to rules adopted for the medicaid program and a medicaid waiver that went into effect J…

Ohio Rev. Code Ann. § 5166.121 Home first component for the Ohio home care waiver program

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(A) Unless the Ohio home care waiver program is terminated pursuant to section 5165.12 of the Revised Code, the department of medicaid shall establish a home first component for the Ohio home care waiver program. An individual is eligible for the Ohio home care waiver program's h…

Ohio Rev. Code Ann. § 5166.16 Integrated care delivery system medicaid waiver

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(A) As used in this section and section 5166.161 of the Revised Code, "ODA or MCD medicaid waiver component" means all of the following: (1) The medicaid-funded component of the PASSPORT program; (2) The medicaid-funded component of the assisted living program; (3) The Ohio home …

Ohio Rev. Code Ann. § 5166.161 Home and community-based services for Holocaust survivors

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The department of medicaid shall ensure that each ICDS participant who is a survivor of the Holocaust that occurred in Europe during World War II receives, while enrolled in the ICDS medicaid waiver component, home and community-based services of the type and in at least the amou…

Ohio Rev. Code Ann. § 5166.20 Additional Medicaid waiver components for home and community-based services

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(A) The department of medicaid may create the following: (1) One or more medicaid waiver components under which home and community-based services are provided to individuals with developmental disabilities as an alternative to placement in ICFs/IID; (2) One or more medicaid waive…

Ohio Rev. Code Ann. § 5166.21 Transitions developmental disabilities waiver

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The department of medicaid shall enter into a contract with the department of developmental disabilities under section 5162.35 of the Revised Code with regard to one or more of the medicaid waiver components created by the department of medicaid under section 5166.20 of the Revis…

Ohio Rev. Code Ann. § 5166.22 Allocating enrollment numbers to county board of developmental disabilities

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(A) Subject to division (B) of this section, when the department of developmental disabilities allocates enrollment numbers to a county board of developmental disabilities for home and community-based services specified in division (A)(1) of section 5166.20 of the Revised Code an…

Ohio Rev. Code Ann. § 5166.23 Rules regarding payments for home and community-based services provided under medicaid component

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(A) Subject to division (D) of this section, the medicaid director shall adopt rules under section 5166.02 of the Revised Code establishing the payment amounts or the methods by which the payment amounts are to be determined for home and community-based services specified in divi…

Ohio Rev. Code Ann. § 5166.30 Coverage of home care attendant services

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(A) As used in sections 5166.30 to 5166.3010 of the Revised Code: (1) "Adult" means an individual at least eighteen years of age. (2) "Appropriate director" means the following: (a) The medicaid director in the context of both of the following: (i) The Ohio home care waiver progr…

Ohio Rev. Code Ann. § 5166.301 Home care attendant services providers

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The medicaid director shall enter into a provider agreement with an individual to authorize the individual to provide home care attendant services to consumers if the individual does both of the following: (A) Agrees to comply with the requirements of sections 5166.30 to 5166.301…

Ohio Rev. Code Ann. § 5166.3010 Authorized representative

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A consumer who is an adult may select an individual to act on the consumer's behalf for purposes regarding home care attendant services by submitting a written notice of the consumer's selection of an authorized representative to the appropriate director. The notice shall specifi…

Ohio Rev. Code Ann. § 5166.302 Continuing education requirements for home care attendants

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A home care attendant shall complete not less than twelve hours of in-service continuing education regarding home care attendant services each year and provide the appropriate director evidence satisfactory to the appropriate director that the attendant satisfied this requirement…

Ohio Rev. Code Ann. § 5166.303 Responsibilities of home care attendants

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A home care attendant shall do all of the following: (A) Maintain a clinical record for each consumer to whom the attendant provides home care attendant services in a manner that protects the consumer's privacy; (B) Participate in a face-to-face visit every ninety days with all o…

Ohio Rev. Code Ann. § 5166.304 Nursing assistance by home care attendants

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(A) A home care attendant may assist a consumer with nursing tasks or self-administration of medication only after the attendant does both of the following: (1) Subject to division (B) of this section, completes consumer-specific training in how to provide the assistance that the…

Ohio Rev. Code Ann. § 5166.305 Nursing assistance by home care attendants; consent and authorization

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A home care attendant shall comply with both of the following when assisting a consumer with nursing tasks or self-administration of medication: (A) The written consent of the consumer or consumer's authorized representative provided to the appropriate director under section 5166…

Ohio Rev. Code Ann. § 5166.306 Nursing assistance by home care attendants; written statement providing consent

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To consent to a home care attendant assisting a consumer with nursing tasks or self-administration of medication, the consumer or consumer's authorized representative shall provide the appropriate director a written statement signed by the consumer or authorized representative un…

Ohio Rev. Code Ann. § 5166.307 Nursing assistance by home care attendants; written statement of authorization

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To authorize a home care attendant to assist a consumer with nursing tasks or self-administration of medication, a health care professional shall provide the appropriate director a written statement signed by the health care professional that includes all of the following: (A) Th…

Ohio Rev. Code Ann. § 5166.308 Nursing assistance by home care attendants; unauthorized actions

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When authorizing a home care attendant to assist a consumer with nursing tasks or self-administration of medication, a health care professional may not authorize a home care attendant to do any of the following: (A) Perform a task that is outside of the health care professional's…

Ohio Rev. Code Ann. § 5166.309 Practice of nursing as registered nurse or licensed practical nurse not allowed by home care attendants

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A home care attendant who provides home care attendant services to a consumer in accordance with the authorizing health care professional's authorization does not engage in the practice of nursing as a registered nurse or in the practice of nursing as a licensed practical nurse i…

Ohio Rev. Code Ann. § 5166.32 Medicaid waiver for individuals with cystic fibrosis

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If the department of medicaid terminates the 209(b) option, the department shall establish a medicaid waiver component under which an individual who has cystic fibrosis and is enrolled in the program for children and youth with special health care needs administered by the depart…

Ohio Rev. Code Ann. § 5166.37 Medicaid waiver - additional eligibility requirements for members of expansion group

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(A) The medicaid director shall establish a medicaid waiver component under which an individual eligible for medicaid on the basis of being included in the expansion eligibility group must satisfy at least one of the following requirements to be able to enroll in medicaid as part…

Ohio Rev. Code Ann. § 5166.40 Definitions

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(A) As used in sections 5166.40 to 5166.409 of the Revised Code: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Buckeye account" means a modified health savings account established under section 5166.402 of the Revised Code. (3) "Contribution" means t…

Ohio Rev. Code Ann. § 5166.401 Enrolllment for healthy Ohio program participants

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A healthy Ohio program participant shall enroll in a comprehensive health plan offered by a managed care organization under contract with the department of medicaid. All of the following apply to the health plan: (A) It shall cover physician, hospital inpatient, hospital outpatie…

Ohio Rev. Code Ann. § 5166.402 Buckeye accounts for participants

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(A)(1) A buckeye account shall be established for each healthy Ohio program participant. Subject to division (A)(2) of this section, a participant's buckeye account shall consist of both of the following: (a) The medicaid funds deposited into the account under division (B) of thi…

Ohio Rev. Code Ann. § 5166.403 Debit swipe cards

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(A) A managed care organization that offers the health plan in which a healthy Ohio program participant enrolls shall issue a debit swipe card to be used to pay only for the following: (1) Until the amount of the noncore portion of the participant's buckeye account is zero, the c…

Ohio Rev. Code Ann. § 5166.404 Points award system

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(A) The medicaid director shall establish a system under which points are awarded in accordance with this section to healthy Ohio program debit swipe cards. One dollar of medicaid funds shall be deposited into a healthy Ohio program participant's buckeye account for each point aw…