5111.861 Consolidated federal medicaid waiver. - Ohio Statutes

5111.861 Consolidated federal medicaid waiver.

(A) As used in this section:

(1) “Assisted living program” means the medicaid waiver component created under section 5111.89 of the Revised Code.

(2) “Choices program” means the medicaid waiver component created under section 173.403 of the Revised Code.

(3) “Medicaid waiver component” has the same meaning as in section 5111.85 of the Revised Code.

(4) “PASSPORT program” means the medicaid waiver component created under section 173.40 of the Revised Code.

(B)The director of job and family services shall submit a request to the United States secretary of health and human services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid waiver that consolidates the following medicaid waiver components into one medicaid waiver component:

(1)The assisted living program;

(2)The choices program;

(3)The PASSPORT program.

(C) In seeking a consolidated federal medicaid waiver under this section, the director of job and family services shall work with the director of aging and provide for the waiver to do all of the following:

(1)For the part of the waiver that concerns the assisted living program, include the provisions that sections 5111.89 to 5111.894 of the Revised Code establish for the assisted living program;

(2)For the part of the waiver that concerns the choices program, include the provisions that section 173.403 of the Revised Code establish for the choices program;

(3) For the part of the waiver that concerns the PASSPORT program, include the provisions that sections 173.40 to 173.402 of the Revised Code establish for the PASSPORT program;

(4) For each part of the waiver, including the part that concerns the choices program, be available statewide.

(D) If the United States secretary approves the consolidated federal medicaid waiver sought under this section, all of the following shall apply:

(1)The department of job and family services shall enter into a contract with the department of aging under section 5111.91 of the Revised Code for the department of aging to administer the consolidated federal medicaid waiver, except that the department of job and family services, rather than the department of aging, shall administer the part of the waiver that concerns the assisted living program if the director of budget and management does not approve the contract;

(2) The director of job and family services shall adopt rules under section 5111.85 of the Revised Code to authorize the director of aging to adopt rules in accordance with Chapter 119. of the Revised Code that are needed to implement the consolidated federal medicaid waiver, except that the director of job and family services shall adopt rules under section 5111.85 of the Revised Code that are needed to implement the part of the waiver that concerns the assisted living program if the director of budget and management does not approve the contract the departments of job and family services and aging enter into under division (D)(1) of this section;

(3)Any statutory reference to the assisted living program shall mean the part of the consolidated federal medicaid waiver that concerns the assisted living program;

(4)Any statutory reference to the choices program shall mean the part of the consolidated federal medicaid waiver that concerns the choices program;

(5)Any statutory references to the PASSPORT program shall mean the part of the consolidated federal medicaid waiver that concerns the PASSPORT program.

Added by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.