Section 5168.08 - [Repealed Effective 10/16/2025] Preliminary determination of assessment(A) Before or during each program year, the department of medicaid shall issue to each hospital the preliminary determination of the amount that the hospital is assessed under section 5168.06 of the Revised Code during the program year. The preliminary determination of a hospital's assessment shall be calculated for a cost-reporting period that is specified in rules adopted under section 5168.02 of the Revised Code. The department shall consult with hospitals each year when determining the date on which it will issue the preliminary determinations in order to minimize hospitals' cash flow difficulties.
If no hospital submits a request for reconsideration under division (B) of this section, the preliminary determination constitutes the final reconciliation of each hospital's assessment under section 5168.06 of the Revised Code. The final reconciliation is subject to adjustments under division (D) of this section.
(B) Not later than fourteen days after the preliminary determinations are issued, any hospital may submit to the department a written request to reconsider the preliminary determinations. The request shall be accompanied by written materials setting forth the basis for the reconsideration. If one or more hospitals submit a request, the department shall hold a public hearing not later than thirty days after the preliminary determinations are issued to reconsider the preliminary determinations. The department shall issue to each hospital a written notice of the date, time, and place of the hearing at least ten days prior to the hearing. On the basis of the evidence submitted to the department or presented at the public hearing, the department shall reconsider and may adjust the preliminary determinations. The result of the reconsideration is the final reconciliation of the hospital's assessment under section 5168.06 of the Revised Code. The final reconciliation is subject to adjustments under division (D) of this section.(C) The department shall issue to each hospital a written notice of its assessment for the program year under the final reconciliation. A hospital may appeal the final reconciliation of its assessment to the court of common pleas of Franklin county. While a judicial appeal is pending, the hospital shall pay, in accordance with the schedules required by division (B) of section 5168.06 of the Revised Code, any amount of its assessment that is not in dispute into the hospital care assurance program fund created in section 5168.11 of the Revised Code.(D) In the course of any program year, the department may adjust the assessment rate or rates established in rules pursuant to section 5168.06 of the Revised Code or adjust the amounts of intergovernmental transfers required under section 5168.07 of the Revised Code and, as a result of the adjustment, adjust each hospital's assessment and intergovernmental transfer, to reflect refinements made by the United States centers for medicare and medicaid services during that program year to the limits it prescribed under the "Social Security Act," section 1923(f), 42 U.S.C. 1396r-4(f). When adjusted, the assessment rate or rates must comply with division (A) of section 5168.06 of the Revised Code. An adjusted intergovernmental transfer must comply with division (A) of section 5168.07 of the Revised Code. The department shall notify hospitals of adjustments made under this division and adjust for the remainder of the program year the installments paid by hospitals under sections 5168.06 and 5168.07 of the Revised Code in accordance with rules adopted under section 5168.02 of the Revised Code.Amended by 135th General Assembly, HB 33,§610.80, eff. 10/3/2023.Amended by 135th General Assembly, HB 33,§130.30, eff. 10/3/2023.Amended by 134th General Assembly, HB 110,§610.20, eff. 10/16/2023.Amended by 133rd General Assembly, HB 166,§601.22, eff. 10/17/2019.Amended by 133rd General Assembly, HB 166,§101.01, eff. 10/17/2019.Amended by 132nd General Assembly, HB 49,§610.40, eff. 9/29/2017, op. 10/16/2019.Amended by 131st General Assembly, HB 64,§610.10, eff. 7/1/2015.Repealed by 130th General Assembly, HB 59,§125.10, eff. 10/16/2021.Renumbered from § 5112.09 by 130th General Assembly, HB 59,§101.01, eff. 9/29/2013. See 135th General Assembly, HB 33, §130.33.The repeal date of this section was extended to October 16, 2025 by 2023 legislation.The repeal date of this section was extended to October 16, 2023 by 2021 legislation.Amended by 129th General Assembly, HB 153, §690.10, eff. 9/29/2011.Amended by 128th General Assembly, HB 1, §640.10, eff. 10/16/2013.Effective Date: 07-01-2000 .