Ohio Admin. Code 5160-3-30.1 - Nursing facilities (NFs) and hospital long term care units appeal of the franchise permit fee (FPF) determination or re-determination

(A) When submitting an appeal of a FPF determination or re-determination for a nursing home or hospital long term care unit in accordance with section 3721.55 5168.53 of the Revised Code, a facility operator shall follow these procedures:

(1) The appeal shall be in writing and must be received by ODJFS the Ohio department of medicaid (ODM) not later than fifteen days after the date on which the FPF assessment notice was mailed.

(2) The appeal shall be submitted to ODJFS ODM and addressed to the organization listed in the instructions that are sent with the assessment notice. If this address is invalid, the facility shall contact the ODM bureau of long term care services and supports (BLTCSS BLTSS).

(3) The appeal shall indicate that it is an appeal of the FPF due to a possible material error in determining the amount of the fee.

(4) The appeal shall include a detailed explanation of the possible material error and the proposed correction of the amount of the fee.

(5) The appeal shall include references to the relevant sections of the Revised Code or rules of the Administrative Code that support the position of the appeal.

(B) If a representative of a facility is unable to attend the hearing, the representative shall request a teleconference hearing at least five days prior to the scheduled hearing.

Notes

Ohio Admin. Code 5160-3-30.1

Effective: 8/31/2017
Five Year Review (FYR) Dates: 6/15/2017 and 08/31/2022
Promulgated Under: 119.03
Statutory Authority: 5168.56
Rule Amplifies: 5168.42, 5168.48, 5168.49, 5168.53
Prior Effective Dates: 9/30/93 (Emer.), 1/1/94, 1/12/96, 9/30/01, 2/11/02, 9/30/02, 9/30/03 (Emer.), 02/11/03, 4/12/04, 7/1/05, 12/30/05, 4/30/07, 10/15/10, 3/19/12, 1/10/13