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As used in sections B "The surgeon general" means the surgeon general of the public health service of the United States or such other officer or employee of the United States responsible for administration of the federal act.

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D "Public health center" means a publicly owned facility for the housing of the public health services of a community and one which makes available equipment to aid physicians in the prevention, diagnosis, and treatment of disease. E "Nonprofit hospital," or "nonprofit" as applied to a facility, means any hospital or facility owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

F "Medical facilities" means outpatient facilities, rehabilitation facilities, and facilities for long-term care, including nursing homes, as those terms are defined in the federal act, and such other facilities for which federal aid may be authorized under the federal act.

Repealed by th General AssemblyFile No. A The director of health shall adopt, in accordance with Chapter B The department of health shall develop a manual of operational procedures and guidelines for the program for medically handicapped children to implement sections C A medicaid provider, as defined in section Amended by nd General Assembly File No.

Amended by th General AssemblyFile No.

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The director shall use the funds received in accordance with any conditions under which the application was approved. Added by th General AssemblyFile No.

A "Medically handicapped child" means an Ohio resident under twenty-one years of age who suffers primarily from an organic disease, defect, or a congenital or acquired physically handicapping and associated condition that may hinder the achievement of normal growth and development.

B "Provider" means a health professional, hospital, medical equipment supplier, and any individual, group, or agency that is approved by the department of health pursuant to division C of section C "Service coordination" means case management services provided to medically handicapped children that promote effective and efficient organization and utilization of public and private resources and ensure that care rendered is family-centered, community-based, and coordinated. D 1 "Third party" means any person or government entity other than the following: F "Hemophilia program" means the hemophilia program the department of health is required to establish and administer under section A The department of health shall review applications for eligibility for the program for medically handicapped children that are submitted to the department by city and general health districts and physician providers approved in accordance with division C of this section.

The department shall determine whether the applicants meet the medical and financial eligibility requirements established by the director of health pursuant to division A 1 of section Referrals of potentially eligible children for the program may be submitted to the department on behalf of the child by parents, guardians, public health nurses, or any other interested person.

The department of health may designate other agencies to refer applicants to the department of health. B In accordance with the procedures established in rules adopted under division A 4 of section C The department of health shall review the applications of health professionals, hospitals, medical equipment suppliers, and other individuals, groups, or agencies that apply to become providers.

The department shall enter into a written agreement with each applicant who is determined, pursuant to the requirements set forth in rules adopted under division A 2 of section The department, in accordance with rules adopted under division A 3 of section The disqualification shall not take effect until a written notice, specifying the requirement violated and describing the nature of the violation, has been delivered to the provider and the department has afforded the provider an opportunity to appeal the disqualification under division H of this section.

D The department of health shall evaluate applications from city and general health districts and approved physician providers for authorization to provide treatment services, service coordination, and related goods to children determined to be eligible for the program for medically handicapped children pursuant to division A of this section.

The department shall authorize necessary treatment services, service coordination, and related goods for each eligible child in accordance with an individual plan of treatment for the child. As an alternative, the department may authorize payment of health insurance premiums on behalf of eligible children when the department determines, in accordance with criteria set forth in rules adopted under division A 9 of section E The department of health shall pay, from appropriations to the department, any necessary expenses, including but not limited to, expenses for diagnosis, treatment, service coordination, supportive services, transportation, and accessories and their upkeep, provided to medically handicapped children, provided that the provision of the goods or services is authorized by the department under division B or D of this section.

Money appropriated to the department of health may also be expended for reasonable administrative costs incurred by the program. The department of health also may purchase liability insurance covering the provision of services under the program for medically handicapped children by physicians and other health care professionals.

Payments made to providers by the department of health pursuant to this division for inpatient hospital care, outpatient care, and all other medical assistance furnished to eligible recipients shall be made in accordance with rules adopted by the director of health pursuant to division A of section The departments of health and medicaid shall jointly implement procedures to ensure that duplicate payments are not made under the program for medically handicapped children and the medicaid program and to identify and recover duplicate payments.

The department is the payer of last resort and shall pay for authorized goods or services, up to the amount determined under division E of this section for the authorized goods or services, only to the extent that payment for the authorized goods or services is not made through third-party benefits.

Third-party benefits received shall be applied to the amount determined under division E of this section. Third-party payments for goods and services not authorized under division B or D of this section shall not be applied to payment amounts determined under division E of this section. Payment made by the department shall be considered payment in full of the amount determined under division E of this section.

Medicaid payments for persons eligible for the medicaid program shall be considered payment in full of the amount determined under division E of this section. G The department of health shall administer a program to provide services to Ohio residents who are twenty-one or more years of age who have cystic fibrosis and who meet the eligibility requirements established in rules adopted by the director of health pursuant to division A 7 of section H The department of health shall provide for appeals, in accordance with rules adopted under section Appeals under this division are not subject to Chapter The ombudspersons shall receive no compensation but shall be reimbursed by the department, in accordance with rules of the office of budget and management, for their actual and necessary travel expenses incurred in the performance of their duties.

I The department of health, and city and general health districts providing service coordination pursuant to division A 2 of section J 1 The department of health may establish a manufacturer discount program under which a manufacturer of a drug or nutritional formula is permitted to enter into an agreement with the department to provide a discount on the price of the drug or nutritional formula distributed to medically handicapped children participating in the program for medically handicapped children.

The program shall be administered in accordance with rules adopted under section K As used in this division " b option" has the same meaning as in section The program for medically handicapped children and the program the department of health administers pursuant to division G of this section shall continue to assist individuals who have cystic fibrosis and are enrolled in those programs in qualifying for medicaid under the spenddown process in the same manner it assists such individuals on the effective date of this amendment, regardless of whether the department of medicaid continues to implement the b option.

Amended by st General Assembly File No. Amended by th General Assembly File No. The department shall not charge the county for expenses exceeding the difference between the amount determined under division A 1 of this section and any amounts retained under divisions A 2 and 3 of this section. All amounts collected by the department under division A 1 of this section shall be deposited into the state treasury to the credit of the medically handicapped children-county assessment fund, which is hereby created.

The fund shall be used by the department to comply with sections Counties shall use amounts retained under division A 3 of this section to provide funds to city or general health districts of the county with which the districts shall conduct outreach activities to increase participation in the program for medically handicapped children.

Any county commissioner may appear and give testimony at the hearing. Any increase in the millage any county is required to provide for the program for medically handicapped children shall be determined, and notice of the amount of the increase shall be provided to each affected board of county commissioners, no later than the first day of June of the fiscal year next preceding the fiscal year in which the increase will take effect.

Each county shall use money retained under divisions A 2 and 3 of this section only for the purposes specified in those divisions. Members of the council shall receive no compensation, but shall receive their actual and necessary travel expenses incurred in the performance of their official duties in accordance with the rules of the office of budget and management. A The acceptance of assistance under the program for medically handicapped children gives a right of subrogation to the department of health against the liability of a third party for the costs of goods or services paid by the department under division E of section B To enforce its subrogation rights, the department may do any of the following: C When an action or claim is brought against a third party by a medically handicapped child participating in the program or his parent or guardian, the entire amount of any settlement or compromise of the action or claim, or any court award or judgment, is subject to the subrogation right of the department.

If all or part of settlement, compromise, award, or judgment is established in the form of a trust to benefit the child or his family or guardians, the department may waive its right of subrogation against all or part of the trust.

Any settlement, compromise, award, or judgment that excludes the costs of goods and services paid under division E of section D No settlement, compromise, judgment, or award or any recovery in any action or claim by a medically handicapped child or his parent or guardian when the department has a right of subrogation shall be made final without first giving the department notice and the opportunity to perfect its right of subrogation.

If the department is not given notice, the child, parent, or guardian is liable to reimburse the department for the cost of goods and services paid under division E of section The third party becomes liable to the department as soon as the third party is notified in writing of the valid claims for subrogation under this section.

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The department may make grants to persons and other entities for the provision of services with the funds. In addition, the department may use the funds to purchase liability insurance covering the provision of services under the programs by physicians and other health care professionals, and to pay health insurance premiums on behalf of medically handicapped children participating in the program for medically handicapped children when the department determines, in accordance with criteria set forth in rules adopted under division A 9 of section In determining eligibility for services provided with funds received from the "Maternal and Child Health Block Grant," the department may use the application form established under section The department may require applicants to furnish their social security numbers.

Funds from the "Maternal and Child Health Block Grant" that are administered for the purpose of providing family planning services shall be distributed in accordance with section B The department of health shall not release any records specified in division A of this section without consent of the subject of the record or, if the subject is a minor, his parent or guardian, except as necessary to do any of the following: No person or government entity to whom the director, for the purposes specified in this division, releases records described in division A of this section shall release those records without consent of the subject of the record or, if the subject is a minor, his parent or guardian, except as necessary for any of the reasons described in this division.

Subject to available funds, the department of health shall establish and administer a hemophilia program to provide payment of health insurance premiums for Ohio residents who meet all of the following requirements: A Have been diagnosed with hemophilia or a related bleeding disorder; B Are at least twenty-one years of age; C Meet the eligibility requirements established by rules adopted under division A 12 of section The duties of the subcommittee include, but are not limited to, the monitoring of care and treatment of children and adults who suffer from hemophilia or from other similar blood disorders.

The subcommittee shall consist of not fewer than fifteen members, each of whom shall be appointed to terms of four years. The members of the subcommittee shall elect a chairperson from among the appointed membership to serve a term of two years. Members of the subcommittee shall serve without compensation, except that they may be reimbursed for travel expenses to and from meetings of the subcommittee. Members shall be appointed to represent all geographic areas of this state.

Not fewer than five members of the subcommittee shall be persons with hemophilia or family members of persons with hemophilia. Not fewer than five members shall be providers of health care services to persons with hemophilia.

Not fewer than five members shall be experts in fields of importance to treatment of persons with hemophilia, including experts in infectious diseases, insurance, and law. The director shall administer the laws relating to health and sanitation and the rules of the department of health. B Nothing in this section authorizes any action that prevents the fulfillment of duties or impairs the exercise of authority established by law for any other person or entity. A The director of health shall accept and administer grants received from the federal government or other sources, public or private, that are made available for use in monitoring, studying, and preventing pregnancy losses.

To the extent that funding from grants is available, the director shall do the following: B The director may adopt rules pursuant to Chapter C As used in this section, "pregnancy loss" means a termination of pregnancy within the first twenty weeks of pregnancy either spontaneously or by means other than the purposeful termination of a pregnancy as described in section A This section establishes the order of priority to be followed by the department of health when distributing funds for the purpose of providing family planning services, including funds the department receives through the "Maternal and Child Health Block Grant," Title V of the "Social Security Act," 95 Stat.

This section does not apply to grants awarded by the department under section B With respect to each period during which funds from a particular source are distributed for the purpose of providing family planning services, the department is subject to both of the following when distributing the funds to applicants seeking those funds: If funds are distributed to nonpublic entities, the department shall distribute the funds in the following order of descending priority: Added by th General Assembly File No.

A As used in this section: B The department of health shall ensure that all funds it receives through the Violence Against Women Act to distribute as grants for the purpose of education and prevention of violence against women are not used to do any of the following: C The department shall ensure that all funds it receives through the Breast and Cervical Cancer Mortality Prevention Act for a program to provide breast and cervical cancer screening and diagnostic testing and all federal and state funds that it uses to operate such a program are not used to do any of the following: D The department shall ensure that all materials it receives through the infertility prevention project are not distributed to entities that do any of the following and shall ensure that all funds it uses for treatment associated with the infertility prevention project are not used to do any of the following: