Current through all regulations passed and filed through September 16, 2024
This rule sets forth requirements regarding co-payments by
individuals for medicaid-covered services.
(A) Certain medicaid services are subject to
individual co-payments. Information regarding these
services and co-payment amounts can be found in the following Administrative
Code rules:
(1) Co-payments for dental
services are described in rule 5160-5-01
of the Administrative Code.
(2)
Co-payments for vision services are described in rule
5160-6-01 of the Administrative Code.
(3) Co-payments for non-emergency emergency
department services are described in rule 5160-2- 21.1 of the Administrative
Code.
(4) Co-payments for pharmacy
services are described in rule 5160-9-09
of the Administrative Code.
(5)
Co-payment requirements for services provided through a medicaid managed care
plan are described in Chapter 5160-26-12 of the Administrative Code.
(B) With regard to the application
of
individual payments, the following apply:
(1) No provider may deny services to an individual
who is eligible for the services on
account of the individual's inability to pay the medicaid co-payment.
Individuals who are not
able to pay their medicaid co-payment may declare their inability to pay for
services or medication and receive their services or medication without paying
their medicaid co-payment amount. With regard to an
individual
who is unable to
pay a required medicaid co-payment in accordance with this paragraph, this does
not:
(a) Relieve the
individual from the obligation to pay a medicaid
co-payment; or
(b) Prohibit the
provider from attempting to collect an unpaid medicaid co-payment.
(2) No provider shall waive an
individual's obligation to pay a
provider a medicaid co-payment except when paragraph (A)(5) of this rule
applies.
(3) No provider or drug
manufacturer, including the manufacturer's representative, employee,
independent contractor, or agent, shall pay any co-payment on behalf of an
individual.
(4) If it is the routine business practice of
the provider to refuse service to any individual who owes an outstanding debt
to the provider, the provider may consider an unpaid medicaid co-payment as an
outstanding debt and refuse service to an
individual who owes the provider an outstanding debt.
If the provider intends to refuse service to an
individual who owes the provider an outstanding debt,
the provider shall notify the individual of the provider's intent to refuse
services. In determining outstanding debt of an
individual, the following apply:
(a) A provider's decision to continue
rendering services to an
individual who has an unpaid co-payment shall not be
considered an outstanding debt of an
individual.
(b) Charges which are prohibited in
accordance with paragraph (A) of rule 5160-1-60
of the Administrative Code may not be considered an outstanding debt of an
individual.
(C) The following
individuals are excluded from the co-payment
requirement for dental, vision, non-emergency emergency department services and
pharmacy services:
(1) Children and youth
under the age of twenty-one.
(a) The provider
may use the individual's date of birth to identify if this
exclusion applies; or
(b) The
provider may submit the claim to the Ohio department
of medicaid (department). During adjudication of the claim, if the
department identifies the individual as a child or youth under the age of
twenty-one, the department will not reduce the medicaid payment by the
co-payment amount.
(2)
Pregnant women during pregnancy and women with post-partum coverage as defined
in rule
5160-4-04 of the Administrative Code. The following
also apply:
(a) Routine eye examinations and
the dispensation of eyeglasses during an
individual's pregnancy are subject to
co-payment.
(b) For all other
claims, the provider may accept the individual's
self-declaration of her pregnancy if the pregnancy/ post-partum co-payment
exclusion applies. If the provider reports this exclusion applies, the medicaid
payment will not be reduced by the co-payment amount.
(3) Residents of a nursing facility (NF) or
intermediate care facility for individuals with intellectual
disabilities (ICF/IID).
(a) The
provider may use the individual's address to validate whether the
individual resides in a NF or ICF/IID; or
(b) The
provider may
submit the claim to the department. During the adjudication of the claim, if
the department identifies the individual as a resident of a NF or ICF/IID, the department
will not reduce the medicaid payment by the co-payment amount.
(4)
Individuals
receiving emergency services are excluded from co-payment when they are
provided in a hospital, clinic, office, or other facility that is equipped to
furnish the required care, after the sudden onset of a medical condition
manifesting itself by acute symptoms of sufficient severity (including severe
pain) that the absence of immediate medical attention could reasonably be
expected to result in placing the patient's health in serious
jeopardy;
(5)
Individuals receiving family planning services defined
as pregnancy/contraception management services in rule
5160-21-02 of the Administrative Code are excluded
from co-payment when these services are provided to an individual of
child-bearing age. The provider may determine on the basis of his or her
professional judgment that the individual is receiving pregnancy prevention/
contraceptive services and the co-payment exclusion applies.
(6)
Individuals
receiving hospice services are excluded from co-payment obligations. The
provider may accept the individual's self-declaration that he or she is
enrolled in hospice. If the provider reports that the
individual is enrolled in hospice, the medicaid
payment will not be reduced by the co-payment amount.
(7)
Individuals
receiving medicaid because of the state's election to provide coverage under
the breast and cervical cancer option pursuant to
42 CFR
447.56(a)(1)(xi).
(D) Medicare cross-over claims as
defined in rule 5160-1-05
of the Administrative Code are not subject to medicaid co-payments.