02/10/2022

NF franchise fee and updated HB169 provider relief

This week, the Ohio Department of Medicaid (ODM) shared its plans for flexibility with the deadline for franchise fee payment. Via an email sent to LeadingAge Ohio, ODM Director Maureen Corcoran noted that ODM will not be taking enforcement actions for tardiness in February franchise permit fee payments. Understanding the current challenges faced by nursing facilities, ODM is willing to use its discretion and refrain from taking enforcement action pursuant to ORC 5168.51 and 5168.52 until ten (10) calendar days have elapsed following the disbursement of the NF HB 169 funds.  For any franchise permit fees not received by the end of this 10-day period, ODM may pursue enforcement action.  This discretion is only applicable to the February 2022 payment. 

However, ODM also reminded providers that the legislative requirements of HB 169 funding require that the funds shall be used “exclusively for direct care staff compensation, which may include staff retention bonus payments, overtime pay and shift differential payments, staff recruitment costs, and new hire incentive payments.”  Payment of franchise fees does not meet the legislative intent of this funding. ODM has received multiple requests from providers to waive or delay the deadline for payments.

ODM continues to work with great urgency to get the necessary CMS approvals as quickly as possible to disburse the funds appropriated by HB169.