Ohio § 5124.52 Overpayment amounts determined following notice of closure, etc

Ohio Statutes

§ 5124.52 — Overpayment amounts determined following notice of closure, etc

Ohio § 5124.52

Title 51Public Welfare

Ch. 5124Intermediate Care Facility for Individuals with Intellectual Disabilities Services

This text of Ohio § 5124.52 (Overpayment amounts determined following notice of closure, etc) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5124.52 (2026).

Text

(A)On receipt of a written notice under section5124.50of the Revised Code of a facility closure or voluntary termination, on receipt of a written notice under section5124.51of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of developmental disabilities shall estimate the amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program, including a franchise permit fee.

(B)In estimating the exiting operator's other actual and potential debts to the department and

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(A) On receipt of a written notice under section5124.50of the Revised Code of a facility closure or voluntary termination, on receipt of a written notice under section5124.51of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of developmental disabilities shall estimate the amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program, including a franchise permit fee.

(B) In estimating the exiting operator's other actual and potential debts to the department and the United States centers for medicare and medicaid services under the medicaid program, the department shall use a debt estimation methodology the director of developmental disabilities shall establish in rules authorized by section5124.53of the Revised Code. The methodology shall provide for estimating all of the following that the department determines are applicable:

(1) Refunds due the department under section5124.41of the Revised Code;

(2) Interest owed to the department and United States centers for medicare and medicaid services;

(3) Final civil monetary and other penalties for which all right of appeal has been exhausted;

(4) Money owed the department and United States centers for medicare and medicaid services from any outstanding final fiscal audit, including a final fiscal audit for the last fiscal year or portion thereof in which the exiting operator participated in the medicaid program;

(5) Other amounts the department determines are applicable.

(C) The department shall provide the exiting operator written notice of the department's estimate under division (A) of this section not later than thirty days after the department receives the notice under section5124.50of the Revised Code of the facility closure or voluntary termination; the department receives the notice under section5124.51of the Revised Code of the change of operator; or the effective date of the involuntary termination. The department's written notice shall include the basis for the estimate.