The department of medicaid may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met:

Terms Used In Ohio Code 5165.511

  • Change of operator: means an entering operator becoming the operator of a nursing facility in the place of the exiting operator. See Ohio Code 5165.01
  • Entering operator: means the person or government entity that will become the operator of a nursing facility when a change of operator occurs or following an involuntary termination. See Ohio Code 5165.01
  • Exiting operator: means any of the following:

    (1) An operator that will cease to be the operator of a nursing facility on the effective date of a change of operator;

    (2) An operator that will cease to be the operator of a nursing facility on the effective date of a facility closure;

    (3) An operator of a nursing facility that is undergoing or has undergone a voluntary withdrawal of participation;

    (4) An operator of a nursing facility that is undergoing or has undergone an involuntary termination. See Ohio Code 5165.01

  • Operator: means the person or government entity responsible for the daily operating and management decisions for a nursing facility. See Ohio Code 5165.01
  • Owner: means any person or government entity that has at least five per cent ownership or interest, either directly, indirectly, or in any combination, in any of the following regarding a nursing facility:

    (a) The land on which the nursing facility is located;

    (b) The structure in which the nursing facility is located;

    (c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the nursing facility is located;

    (d) Any lease or sublease of the land or structure on or in which the nursing facility is located. See Ohio Code 5165.01

  • Provider: means an operator with a provider agreement. See Ohio Code 5165.01
  • Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5165.01

(A) The department receives a properly completed written notice required by section 5165.51 of the Revised Code on or before the date required by that section.

(B) The department receives both of the following in accordance with the method specified in rules authorized by section 5165.53 of the Revised Code and not later than ten days after the effective date of the change of operator:

(1) From the entering operator, a completed application for a provider agreement and all other forms and documents specified in rules authorized by section 5165.53 of the Revised Code;

(2) From the exiting operator or owner, all forms and documents specified in rules authorized by section 5165.53 of the Revised Code.

(C) The entering operator is eligible for medicaid payments as provided in section 5165.06 of the Revised Code.

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