Ohio Admin. Code 5123-4-05 - Assistance to enable a county board of developmental disabilities to pay the nonfederal share of medicaid expenditures for home and community-based services
(A)
Purpose
(B)
Definitions
(1)
"County board" means a county board of developmental
disabilities that performs home and community-based services waiver
administration functions.
(2)
"Department" means the Ohio department of developmental
disabilities.
(3)
"Home and community-based services" has the same
meaning as in section
5123.01 of the Revised
Code.
(C)
Process for requesting assistance
(1)
Following the
failure of a county board operating levy, a county board may request assistance
from the department to enable the county board to meet its obligations to pay
the nonfederal share of medicaid expenditures for home and community-based
services.
(2)
Prior to making the request, a county board
shall:
(a)
By
written request, seek financial assistance through the county
commissioners;
(b)
Reduce costs by restricting expenditures, by reducing
or eliminating programs other than home and community-based services, and by
consolidating functions or positions with other county boards or a regional
council of governments;
(c)
Develop a plan of action to resolve the county board's
financial situation within a twelve-month period; and
(d)
Adopt a
resolution to request assistance from the department.
(3)
When
requesting assistance, a county board shall submit to the department:
(a)
A description of
the actions the county board took to meet the requirements of paragraph (C)(2)
of this rule and the results of those actions;
(b)
A history of
levies placed on the ballot in the most recent ten years;
(c)
A cash flow
analysis for the most recent and upcoming twelve months;
(d)
Most recent
annual financial statements;
(e)
Monthly financial
statements for the most recent twelve months; and
(f)
A copy of the
resolution from the county board requesting assistance from the
department.
(D)
Departmental
response to request for assistance
(1)
The department may seek additional information, data,
or reports regarding:
(a)
Cash flow analysis;
(b)
Source, amount,
and use of revenues of the county board for the most recent ten
years;
(c)
Levy experience and strategy;
(d)
Efficiency and
allocation of staff;
(e)
Involvement of a council of
governments;
(f)
Funding sources for programs operated by the county
board;
(g)
Comparability of salaries of employees of the county
board to other local agencies and to other similar county
boards;
(h)
Most recent strategic plan for the county
board;
(i)
Programs operated or funded by the county board;
and
(j)
Any other information determined by the department to
be relevant.
(2)
The department may further review the operations and
financial condition of the county board by:
(a)
Examining the
financial records of the county board;
(b)
Appointing a
public accounting firm to examine the financial statements and other records of
the county board; and
(c)
Appointing a group of peers from other county boards to
perform an on-site review of the operations of the county
board.
(3)
The department will consult with the office of budget
and management and the Ohio department of medicaid in accordance with rule
5160-41-16
of the Administrative Code.
(E)
Department
decision
(1)
The
department shall decide whether or not to provide assistance based on:
(a)
Efficiency of
the county board's administration;
(b)
Use of medicaid
to support services in the county;
(c)
The county
board's plan to resolve its financial situation;
(d)
Reasonableness of
costs of the county board in comparison with other agencies;
and
(e)
Alternatives to assistance such as structural and
operational changes to the county board.
(2)
The department's
decision whether or not to provide assistance shall be at its sole
discretion.
(3)
If the department decides that assistance should be
made available to the county board, the department shall also decide whether
the assistance will be in the form of paying the nonfederal share of medicaid
expenditures for home and community-based services or reducing the number of
individuals required to be enrolled in a waiver component under section
5126.0512 of the Revised Code,
or both. The department shall consider:
(a)
Amount needed to
pay the nonfederal share and impact on other counties;
(b)
Number of
individuals on the waiting list and progression of the list;
(c)
Likelihood of the
county board being able to resume paying the nonfederal share after a year;
and
(d)
Maintenance of home and community-based services waiver
assurances.
(4)
If the department permits a reduction in the number of
individuals required to be enrolled on a waiver component under section
5126.0512 of the Revised Code,
no individual may be disenrolled from a waiver as a result of such
reduction.
(5)
The department shall issue its decision in writing
which may include any prerequisites for the county board to receive assistance.
Generally, assistance will be made available for a twelve-month
period.
(F)
Monitoring
(1)
Upon the grant of assistance, the county board shall
submit to the department on a quarterly basis:
(a)
Financial
statements;
(b)
Updated projection of revenues and
expenditures;
(c)
Progress on implementing the county board's plan of
action to resolve the county board's financial situation; and
(d)
Plans and
strategy for an operating levy.
(2)
The department
shall monitor the progress of the county board toward eliminating the need for
assistance.
(3)
Within six months of issuing its decision, the
department and county board shall confer on the impact of the plan of action on
resolving the county board's financial situation and any adjustments needed in
the plan of action.
Replaces: 5123:1-5-02
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.0413
Rule Amplifies: 5123.04, 5123.0413, 5126.0512
Prior Effective Dates: 01/02/2002 (Emer.), 03/21/2002, 09/01/2010, 01/01/2016
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