Ohio § 5165.52 Overpayment amounts determined following notice of closure, etc

Ohio Statutes

§ 5165.52 — Overpayment amounts determined following notice of closure, etc

Ohio § 5165.52

Title 51Public Welfare

Ch. 5165Medicaid Coverage of Nursing Facility Services

This text of Ohio § 5165.52 (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. § 5165.52 (2026).

Text

(A)On receipt of a written notice under section5165.50of the Revised Code of a facility closure or voluntary withdrawal of participation, on receipt of a written notice under section5165.51of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of medicaid 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 under the medicaid program, including a franchise permit fee.

(B)In estimating the exiting operator's other actual and potential debts to the department under the medicaid program, the department shall use a debt estimation methodo

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(A) On receipt of a written notice under section5165.50of the Revised Code of a facility closure or voluntary withdrawal of participation, on receipt of a written notice under section5165.51of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of medicaid 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 under the medicaid program, including a franchise permit fee.

(B) In estimating the exiting operator's other actual and potential debts to the department under the medicaid program, the department shall use a debt estimation methodology the medicaid director shall establish in rules authorized by section5165.53of 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 section5165.41of the Revised Code;

(2) Interest owed to the department;

(3) Money owed the department from any outstanding final fiscal audit, including a final fiscal audit for the last state fiscal year or portion thereof in which the exiting operator participated in the medicaid program;

(4) 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 whichever of the following applies: the department receives the notice under section5165.50of the Revised Code of the facility closure or voluntary withdrawal of participation, the department receives the notice under section5165.51of 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.

Last updated October 6, 2023 at 10:43 AM