Executive Order 2019-24D The Emergency Amendment of Rule 5160-1-17.8 of the Ohio Administrative Code by the Ohio Department of Medicaid

Executive Order

WHEREAS, the Ohio Department of Medicaid ("ODM") administers the Medicaid program including the implementation of requirements eligible providers must meet in order to hold a Medicaid provider agreement with ODM; and

WHEREAS, ODM sets forth provisions in rule 5160-1-17.8 of the Administrative Code that state the policies that implement a provider application fee and a provider screening process; and

WHEREAS, a provider that has been convicted of, or pleaded guilty to, an exclusionary offense as specified in current rule 5160-1-17.8 is not able to enroll as a Medicaid provider unless one or more specified conditions are met; and

WHEREAS, one of the specified conditions that permits a provider to enroll despite having been convicted of, or pleaded guilty to, an exclusionary offense is the provider must have applied for a certificate of qualification for employment and that certificate of qualification for employment must have been granted no later than October 1, 2019; and

WHEREAS, ODM has determined that terminating providers who have applied for, but not yet received a certificate of qualification for employment by October 1, 2019 may result in disruption in the provision of behavioral health services to Medicaid recipients; and

WHEREAS, ODM has identified a need to extend the date for which providers may receive a certificate of qualification for employment to prevent any potential disruption in the receipt of medically necessary behavioral health services; and

WHEREAS, Section 119.03 (G) of the Ohio Revised Code authorizes the Governor, on the request of a State agency, to suspend the normal rule making procedures with respect to specific rules when an emergency exists necessitating the immediate adoption, amendment or rescission of such rules. When such a determination is made, the agency may immediately adopt, amend or rescind such rules, but the rules are only valid for one hundred and twenty (120) days; and

WHEREAS, ODM has requested a determination whether an emergency exists that requires the amendment of rule 5160-1-17.8 of the Ohio Administrative Code ("OAC") on an emergency basis and that would therefore permit ODM, pursuant to section 5164.02 of the Ohio Revised Code, to amend this rule to be effective on October 1, 2019;

NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, have determined, upon the request of ODM, that an emergency exists requiring the amendment of rule 5160-1-17.8 of the Administrative Code so that the rules will be in effect on October 1, 2019.

Further, I hereby order that the procedures prescribed by section 119.03 of the Ohio Revised Code with respect to the adoption or amendment of the specified rules be suspended and that the Ohio Department of Medicaid be permitted to amend the rule immediately by filing it electronically with the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review ("JCARR").

Furthermore, I hereby order that this Executive Order be filed in electronic form with the Ohio Department of Medicaid, the Secretary of State, the Director of the Legislative Service Commission and JCARR.

I signed this Executive Order on September 30, 2019, in Columbus, Ohio, and it will expire one hundred twenty days (120) from the effective date of the emergency rules, or upon the adoption of the rules through the normal JCARR process, whichever is sooner.

Mike DeWine, Governor

ATTEST:

Frank LaRose, Secretary of State

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