3721.50 [Effective Until 9/17/2010] Franchise permit fee definitions. - Ohio Statutes

3721.50 [Effective Until 9/17/2010] Franchise permit fee definitions.

As used in sections 3721.50 to 3721.58 of the Revised Code:

(A) “Franchise permit fee rate” means the amount determined as follows:

(1)Determine the difference between the following:

(a)The total net patient revenue, less medicaid per diem payments, of all nursing homes and hospital long-term care units as shown on cost reports filed under section 5111.26 of the Revised Code for the calendar year immediately preceding the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code;

(b)The total net patient revenue, less medicaid per diem payments, of all nursing homes and hospital long-term care units as shown on cost reports filed under section 5111.26 of the Revised Code for the calendar year immediately preceding the calendar year that immediately precedes the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code.

(2)Multiply the amount determined under division (A)(1) of this section by five and five-tenths per cent;

(3)Divide the amount determined under division (A)(2) of this section by the total number of days in the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code;

(4) Subtract eleven dollars and ninety-five cents from the amount determined under division (A)(3) of this section;

(5)Add eleven dollars and ninety-five cents to the amount determined under division (A)(4) of this section.

(B) “Hospital” has the same meaning as in section 3727.01 of the Revised Code.

(C) “Hospital long-term care unit” means any distinct part of a hospital in which any of the following beds are located:

(1)Beds registered pursuant to section 3701.07 of the Revised Code as skilled nursing facility beds or long-term care beds;

(2) Beds licensed as nursing home beds under section 3721.02 or 3721.09 of the Revised Code.

(D) “Inpatient days” means all days during which a resident of a nursing facility, regardless of payment source, occupies a bed in the nursing facility that is included in the facility’s certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered inpatient days proportionate to the percentage of the facility’s per resident per day rate paid for those days.

(E) “Medicaid” has the same meaning as in section 5111.01 of the Revised Code.

(F) “Medicaid day” means all days during which a resident who is a medicaid recipient occupies a bed in a nursing facility that is included in the facility’s certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered medicaid days proportionate to the percentage of the nursing facility’s per resident per day rate for those days.

(G) “Medicare” means the program established by Title XVIII.

(H) “Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.

(I)(1) “Nursing home” means all of the following:

(a) A nursing home licensed under section 3721.02 or 3721.09 of the Revised Code, including any part of a home for the aging licensed as a nursing home;

(b) A facility or part of a facility, other than a hospital, that is certified as a skilled nursing facility under Title XVIII;

(c) A nursing facility, other than a portion of a hospital certified as a nursing facility.

(2) “Nursing home” does not include any of the following:

(a) A county home, county nursing home, or district home operated pursuant to Chapter 5155. of the Revised Code;

(b) A nursing home maintained and operated by the Ohio veterans’ home agency under section 5907.01 of the Revised Code;

(c) A nursing home or part of a nursing home licensed under section 3721.02 or 3721.09 of the Revised Code that is certified as an intermediate care facility for the mentally retarded under Title XIX.

(J) “Title XIX” means Title XIX of the “Social Security Act,” 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.

(K) “Title XVIII” means Title XVIII of the “Social Security Act,” 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/1/2009, op. 7/17/2009.

Effective Date: 07-01-1993; 07-01-2005

This section is set out twice. See also § 3721.50, as amended by 128th General Assembly File No. 54, HB 449, § 1, eff. 9/17/2010.

3721.50 [Effective 9/17/2010] Franchise permit fee definitions

As used in sections 3721.50 to 3721.58 of the Revised Code:

(A) “Franchise permit fee rate” means the amount determined as follows:

(1) Determine the difference between the following:

(a) The total net patient revenue, less medicaid per diem payments, of all nursing homes and hospital long-term care units as shown on cost reports filed under section 5111.26 of the Revised Code for the calendar year immediately preceding the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code;

(b) The total net patient revenue, less medicaid per diem payments, of all nursing homes and hospital long-term care units as shown on cost reports filed under section 5111.26 of the Revised Code for the calendar year immediately preceding the calendar year that immediately precedes the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code.

(2) Multiply the amount determined under division (A)(1) of this section by five and five-tenths per cent;

(3) Divide the amount determined under division (A)(2) of this section by the total number of days in the fiscal year for which the franchise permit fee is assessed under section 3721.51 of the Revised Code;

(4) Subtract eleven dollars and ninety-five cents from the amount determined under division (A)(3) of this section;

(5) Add eleven dollars and ninety-five cents to the amount determined under division (A)(4) of this section.

(B) “Hospital” has the same meaning as in section 3727.01 of the Revised Code.

(C) “Hospital long-term care unit” means any distinct part of a hospital in which any of the following beds are located:

(1) Beds registered pursuant to section 3701.07 of the Revised Code as skilled nursing facility beds or long-term care beds;

(2) Beds licensed as nursing home beds under section 3721.02 or 3721.09 of the Revised Code.

(D) “Inpatient days” means all days during which a resident of a nursing facility, regardless of payment source, occupies a bed in the nursing facility that is included in the facility’s certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered inpatient days proportionate to the percentage of the facility’s per resident per day rate paid for those days.

(E) “Medicaid” has the same meaning as in section 5111.01 of the Revised Code.

(F) “Medicaid day” means all days during which a resident who is a medicaid recipient occupies a bed in a nursing facility that is included in the facility’s certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered medicaid days proportionate to the percentage of the nursing facility’s per resident per day rate for those days.

(G) “Medicare” means the program established by Title XVIII.

(H) “Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.

(I)(1) “Nursing home” means all of the following:

(a) A nursing home licensed under section 3721.02 or 3721.09 of the Revised Code, including any part of a home for the aging licensed as a nursing home;

(b) A facility or part of a facility, other than a hospital, that is certified as a skilled nursing facility under Title XVIII;

(c) A nursing facility, other than a portion of a hospital certified as a nursing facility.

(2) “Nursing home” does not include any of the following:

(a) A county home, county nursing home, or district home operated pursuant to Chapter 5155. of the Revised Code;

(b) A nursing home maintained and operated by the department of veterans services under section 5907.01 of the Revised Code;

(c) A nursing home or part of a nursing home licensed under section 3721.02 or 3721.09 of the Revised Code that is certified as an intermediate care facility for the mentally retarded under Title XIX.

(J) “Title XIX” means Title XIX of the “Social Security Act,” 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.

(K) “Title XVIII” means Title XVIII of the “Social Security Act,” 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.

Amended by 128th General Assembly File No. 54, HB 449, § 1, eff. 9/17/2010.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/1/2009, op. 7/17/2009.

Effective Date: 07-01-1993; 07-01-2005

This section is set out twice. See also § 3721.50, effective until 9/17/2010.