Terms Used In Ohio Code > Chapter 5124 - Intermediate Care Facility for Individuals With Intellectual Disabilities Services

• Addition: means an increase in an ICF/IID's square footage. See Ohio Code 5124.01
• Affiliated operator: means an operator affiliated with either of the following:

  (1) The exiting operator for whom the affiliated operator is to assume liability for the entire amount of the exiting operator's debt under the medicaid program or the portion of the debt that represents the franchise permit fee the exiting operator owes;

  (2) The entering operator involved in the change of operator with the exiting operator specified in division (B)(1) of this section. See Ohio Code 5124.01

• Allowable costs: means an ICF/IID's costs that the department of developmental disabilities determines are reasonable. See Ohio Code 5124.01
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bond: includes an undertaking. See Ohio Code 1.02
• Capital costs: means an ICF/IID's costs of ownership and costs of nonextensive renovation. See Ohio Code 5124.01
• Case-mix score: means the measure determined under section 5124. See Ohio Code 5124.01
• Change of operator: means an entering operator becoming the operator of an ICF/IID in the place of the exiting operator. See Ohio Code 5124.01
• Child: includes child by adoption. See Ohio Code 1.59
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost center: means the following:

  (1) Capital costs;

  (2) Direct care costs;

  (3) Indirect care costs;

  (4) Other protected costs. See Ohio Code 5124.01

• cost report year: means the calendar year immediately preceding the calendar year in which a fiscal year for which a medicaid payment rate determination is made begins. See Ohio Code 5124.01
• Costs of nonextensive renovations: means the actual expense incurred by an ICF/IID for depreciation or amortization and interest on renovations approved by the department of developmental disabilities as nonextensive renovations. See Ohio Code 5124.01
• Costs of ownership: means the actual expenses incurred by an ICF/IID for all of the following:

  (a) Subject to division (J)(2) of this section, depreciation and interest on any capital assets that cost five hundred dollars or more per item, including the following:

  (i) Buildings;

  (ii) Building improvements that are not approved as nonextensive renovations for the purpose of section 5124. See Ohio Code 5124.01

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of licensure: means the following:

  (a) In the case of an ICF/IID that was originally licensed as a nursing home under Chapter 3721 of the Revised Code, the date that it was originally so licensed, regardless that it was subsequently licensed as a residential facility under section 5123. See Ohio Code 5124.01

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Desk-reviewed: means that an ICF/IID's costs as reported on a cost report filed under section 5124. See Ohio Code 5124.01
• Developmental center: means a residential facility that is maintained and operated by the department of developmental disabilities. See Ohio Code 5124.01
• Direct care costs: means all of the following costs incurred by an ICF/IID:

  (1) Costs for registered nurses, licensed practical nurses, and nurse aides employed by the ICF/IID;

  (2) Costs for direct care staff, administrative nursing staff, medical directors, respiratory therapists, physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, speech therapists, audiologists, habilitation staff (including habilitation supervisors), qualified intellectual disability professionals, program directors, social services staff, activities staff, psychologists, psychology assistants, social workers, counselors, and other persons holding degrees qualifying them to provide therapy;

  (3) Costs of purchased nursing services;

  (4) Costs of training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted under section 5124. See Ohio Code 5124.01

• Effective date of a change of operator: means the day the entering operator becomes the operator of the ICF/IID. See Ohio Code 5124.01
• Effective date of a facility closure: means the last day that the last of the residents of the ICF/IID resides in the ICF/IID. See Ohio Code 5124.01
• Effective date of an involuntary termination: means the date the department of medicaid terminates the operator's provider agreement for the ICF/IID or the last day that such a provider agreement is in effect when the department cancels or refuses to revalidate it. See Ohio Code 5124.01
• Entering operator: means the person or government entity that will become the operator of an ICF/IID when a change of operator occurs or following an involuntary termination. See Ohio Code 5124.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exiting operator: means any of the following:

  (1) An operator that will cease to be the operator of an ICF/IID on the effective date of a change of operator;

  (2) An operator that will cease to be the operator of an ICF/IID on the effective date of a facility closure;

  (3) An operator of an ICF/IID that is undergoing or has undergone a voluntary termination;

  (4) An operator of an ICF/IID that is undergoing or has undergone an involuntary termination. See Ohio Code 5124.01

• facility closure: means either of the following:

  (a) Discontinuance of the use of the building, or part of the building, that houses the facility as an ICF/IID that results in the relocation of all of the facility's residents;

  (b) Conversion of the building, or part of the building, that houses an ICF/IID to a different use with any necessary license or other approval needed for that use being obtained and one or more of the facility's residents remaining in the facility to receive services under the new use. See Ohio Code 5124.01

• Fiscal year: means the fiscal year of this state, as specified in section 9. See Ohio Code 5124.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Franchise permit fee: means the fee imposed by sections 5168. See Ohio Code 5124.01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indirect care costs: includes costs of habilitation supplies, pharmacy consultants, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repair expenses, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs, as specified in rules adopted under section 5124. See Ohio Code 5124.01
• Inpatient days: means both of the following:

  (1) All days during which a resident, regardless of payment source, occupies a bed in an ICF/IID that is included in the ICF/IID's medicaid-certified capacity;

  (2) All days for which payment is made under section 5124. See Ohio Code 5124.01

• Involuntary termination: means the department of medicaid's termination of, cancellation of, or refusal to revalidate the operator's provider agreement for the ICF/IID when such action is not taken at the operator's request. See Ohio Code 5124.01
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Maintenance and repair expenses: includes the costs of ordinary repairs such as painting and wallpapering. See Ohio Code 5124.01
• Medicaid-certified capacity: means the number of an ICF/IID's beds that are certified for participation in medicaid as ICF/IID beds. See Ohio Code 5124.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means the person or government entity responsible for the daily operating and management decisions for an ICF/IID. See Ohio Code 5124.01
• Other protected costs: means costs incurred by an ICF/IID for medical supplies; real estate, franchise, and property taxes; natural gas, fuel oil, water, electricity, sewage, and refuse and hazardous medical waste collection; allocated other protected home office costs; and any additional costs defined as other protected costs in rules adopted under section 5124. See Ohio Code 5124.01
• 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 an ICF/IID:

  (a) The land on which the ICF/IID is located;

  (b) The structure in which the ICF/IID 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 ICF/IID is located;

  (d) Any lease or sublease of the land or structure on or in which the ICF/IID is located. See Ohio Code 5124.01

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• per diem: means an ICF/IID's desk-reviewed, actual, allowable costs in a given cost center in a cost reporting period, divided by the facility's inpatient days for that cost reporting period. See Ohio Code 5124.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal property: All property that is not real property.
• Property: means real and personal property. See Ohio Code 1.59
• Provider: means an operator with a valid provider agreement. See Ohio Code 5124.01
• Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5124.01
• Purchased nursing services: means services that are provided in an ICF/IID by registered nurses, licensed practical nurses, or nurse aides who are not employees of the ICF/IID. See Ohio Code 5124.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable: means that a cost is an actual cost that is appropriate and helpful to develop and maintain the operation of resident care facilities and activities, including normal standby costs, and that does not exceed what a prudent buyer pays for a given item or services. See Ohio Code 5124.01
• Related party: means an individual or organization that, to a significant extent, has common ownership with, is associated or affiliated with, has control of, or is controlled by, a provider. See Ohio Code 5124.01
• renovation: means an ICF/IID's betterment, improvement, or restoration, other than an addition, through a capital expenditure. See Ohio Code 5124.01
• Rule: includes regulation. See Ohio Code 1.59
• Secondary building: means a building or part of a building, other than an ICF/IID, in which the owner of one or more ICFs/IID has administrative work regarding the ICFs/IID performed or records regarding the ICFs/IID stored. See Ohio Code 5124.01
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sponsor: means an adult relative, friend, or guardian of an ICF/IID resident who has an interest or responsibility in the resident's welfare. See Ohio Code 5124.01
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• Title XIX: means Title XIX of the "Social Security Act" 42 U. See Ohio Code 5124.01
• Title XVIII: means Title XVIII of the "Social Security Act" 42 U. See Ohio Code 5124.01
• United States: includes all the states. See Ohio Code 1.59
• Voluntary termination: means an operator's voluntary election to terminate the participation of an ICF/IID in the medicaid program but to continue to provide service of the type provided by a residential facility as defined in section 5123. See Ohio Code 5124.01