As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 208


Representatives Amstutz, Sykes 

Cosponsors: Representatives McClain, Wachtmann, Ashford, Buchy, Foley, Gonzales, Antonio, Driehaus 



A BILL
To amend section 119.03, to enact sections 103.41, 1
103.411, 103.412, 5162.70, and 6301.15, and to 2
repeal sections 101.39 and 101.391 of the Revised 3
Code to require the Medicaid Director to implement 4
certain reforms to the Medicaid program, to 5
require the Director of Job and Family Services to 6
implement certain reforms to workforce development 7
activities, to create the Joint Medicaid Oversight 8
Committee to review proposed rules regarding the 9
Medicaid and workforce development activity 10
reforms, to require the Joint Medicaid Oversight 11
Committee to issue reports recommending certain 12
changes to the Medicaid program, and to abolish 13
the Joint Legislative Committee on Health Care 14
Oversight and the Joint Legislative Committee on 15
Medicaid Technology and Reform.16


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 119.03 be amended and sections 17
103.41, 103.411, 103.412, 5162.70, and 6301.15 of the Revised Code 18
be enacted to read as follows:19

       Sec. 103.41.  (A) In this section, "rule" includes a new rule 20
or the amendment or rescission of an existing rule. If a state 21
agency revises a rule that has been approved by the joint medicaid 22
oversight committee and filed under division (D) of section 111.15 23
or division (H) of section 119.03 of the Revised Code, the revised 24
rule is a "rule" for purposes of this section.25

       (B) When a state agency has completed the conceptualization 26
and drafting of a rule for the purpose of implementing a reform 27
under section 5162.70 or 6301.15 of the Revised Code, the state 28
agency shall file a copy of the rule with the joint medicaid 29
oversight committee.30

       (C) The joint medicaid oversight committee, not later than 31
thirty days after it receives a rule, shall review the rule and 32
may advise the joint committee on agency rule review on whether 33
the rule is consistent with the intent of section 5162.70 or 34
6301.15 of the Revised Code. The committee may give notice of and 35
conduct a public hearing in the course of its review of a rule.36

       Sec. 103.411.  There is a joint medicaid oversight committee. 37
The committee is comprised of ten members. The president of the 38
senate and the speaker of the house of representatives each shall 39
appoint five members to the committee from their respective 40
houses, three of whom are members of the majority party and two of 41
whom are members of the minority party. Vacancies on the committee 42
shall be filled in the same manner as the original appointment.43

       In odd-numbered years, the president shall designate the 44
chairperson of the committee from among the senate members of the 45
committee. In even-numbered years, the speaker shall designate the 46
chairperson of the committee from among the house members of the 47
committee. In odd-numbered years, the speaker shall designate one 48
of the minority members from the house as ranking minority member. 49
In even-numbered years, the president shall designate one of the 50
minority members from the senate as ranking minority member.51

       In appointing members from the minority, and in designating 52
ranking minority members, the president and speaker shall consult 53
with the minority leader of their respective houses.54

       The committee shall meet at the call of the chairperson, but 55
not less often than once each calendar month.56

       The committee shall employ professional, technical, and 57
clerical employees as are necessary for the committee to be able 58
successfully and efficiently to perform its duties. The employees 59
are in the unclassified service and serve at the pleasure of the 60
committee.61

       The committee may contract for the services of persons who 62
are qualified by education and experience to advise, consult with, 63
or otherwise assist the committee in the performance of its 64
duties.65

       The chairperson of the committee, when authorized by the 66
committee and by the president and speaker, may issue subpoenas 67
and subpoenas duces tecum in aid of the committee's performance of 68
its duties. A subpoena may require a witness in any part of the 69
state to appear before the committee at a time and place 70
designated in the subpoena to testify. A subpoena duces tecum may 71
require witnesses or other persons in any part of the state to 72
produce books, papers, records, and other tangible evidence before 73
the committee at a time and place designated in the subpoena duces 74
tecum. A subpoena or subpoena duces tecum shall be issued, served, 75
and returned, and has consequences, as specified in sections 76
101.41 to 101.45 of the Revised Code.77

       The chairperson of the committee may administer oaths to 78
witnesses appearing before the committee.79

       Sec. 103.412.  The joint medicaid oversight committee shall 80
conduct a continuing study of the reforms required to be 81
implemented under sections 5162.70 and 6301.15 of the Revised 82
Code.83

       The committee may plan, advertise, organize, and conduct 84
forums, conferences, and other meetings at which representatives 85
of state agencies and other individuals having expertise in the 86
medicaid program and workforce development activities may 87
participate to increase knowledge and understanding of, and to 88
develop and propose improvements in, the medicaid program and 89
workforce development activities. The director of job and family 90
services shall submit to the committee relevant statistics on 91
workforce development activities to assist the committee.92

       The committee may prepare and issue reports on its continuing 93
study of the reforms. The committee may solicit written comments 94
on, and may conduct public hearings at which persons may offer 95
verbal comments on, drafts of its reports. 96

       The committee may recommend improvements in rules affecting 97
the reforms, and may recommend legislation for improvement of 98
statutes regarding the reforms.99

       Sec. 119.03.  In the adoption, amendment, or rescission of 100
any rule, an agency shall comply with the following procedure:101

       (A) Reasonable public notice shall be given in the register 102
of Ohio at least thirty days prior to the date set for a hearing, 103
in the form the agency determines. The agency shall file copies of 104
the public notice under division (B) of this section. (The agency 105
gives public notice in the register of Ohio when the public notice 106
is published in the register under that division.)107

       The public notice shall include:108

       (1) A statement of the agency's intention to consider 109
adopting, amending, or rescinding a rule;110

       (2) A synopsis of the proposed rule, amendment, or rule to be 111
rescinded or a general statement of the subject matter to which 112
the proposed rule, amendment, or rescission relates;113

       (3) A statement of the reason or purpose for adopting, 114
amending, or rescinding the rule;115

       (4) The date, time, and place of a hearing on the proposed 116
action, which shall be not earlier than the thirty-first nor later 117
than the fortieth day after the proposed rule, amendment, or 118
rescission is filed under division (B) of this section.119

       In addition to public notice given in the register of Ohio, 120
the agency may give whatever other notice it reasonably considers 121
necessary to ensure notice constructively is given to all persons 122
who are subject to or affected by the proposed rule, amendment, or 123
rescission.124

       The agency shall provide a copy of the public notice required 125
under division (A) of this section to any person who requests it 126
and pays a reasonable fee, not to exceed the cost of copying and 127
mailing.128

       (B) The full text of the proposed rule, amendment, or rule to 129
be rescinded, accompanied by the public notice required under 130
division (A) of this section, shall be filed in electronic form 131
with the secretary of state and with the director of the 132
legislative service commission. (If in compliance with this 133
division an agency files more than one proposed rule, amendment, 134
or rescission at the same time, and has prepared a public notice 135
under division (A) of this section that applies to more than one 136
of the proposed rules, amendments, or rescissions, the agency 137
shall file only one notice with the secretary of state and with 138
the director for all of the proposed rules, amendments, or 139
rescissions to which the notice applies.) The proposed rule, 140
amendment, or rescission and public notice shall be filed as 141
required by this division at least sixty-five days prior to the 142
date on which the agency, in accordance with division (D) of this 143
section, issues an order adopting the proposed rule, amendment, or 144
rescission.145

       If the proposed rule, amendment, or rescission incorporates a 146
text or other material by reference, the agency shall comply with 147
sections 121.71 to 121.76 of the Revised Code.148

       The proposed rule, amendment, or rescission shall be 149
available for at least thirty days prior to the date of the 150
hearing at the office of the agency in printed or other legible 151
form without charge to any person affected by the proposal. 152
Failure to furnish such text to any person requesting it shall not 153
invalidate any action of the agency in connection therewith.154

       If the agency files a substantive revision in the text of the 155
proposed rule, amendment, or rescission under division (H) of this 156
section, it shall also promptly file the full text of the proposed 157
rule, amendment, or rescission in its revised form in electronic 158
form with the secretary of state and with the director of the 159
legislative service commission.160

       The agency shall file the rule summary and fiscal analysis 161
prepared under section 127.18 of the Revised Code in electronic 162
form along with a proposed rule, amendment, or rescission or 163
proposed rule, amendment, or rescission in revised form that is 164
filed with the secretary of state or the director of the 165
legislative service commission.166

       The director of the legislative service commission shall 167
publish in the register of Ohio the full text of the original and 168
each revised version of a proposed rule, amendment, or rescission; 169
the full text of a public notice; and the full text of a rule 170
summary and fiscal analysis that is filed with the director under 171
this division.172

       (C) On the date and at the time and place designated in the 173
notice, the agency shall conduct a public hearing at which any 174
person affected by the proposed action of the agency may appear 175
and be heard in person, by the person's attorney, or both, may 176
present the person's position, arguments, or contentions, orally 177
or in writing, offer and examine witnesses, and present evidence 178
tending to show that the proposed rule, amendment, or rescission, 179
if adopted or effectuated, will be unreasonable or unlawful. An 180
agency may permit persons affected by the proposed rule, 181
amendment, or rescission to present their positions, arguments, or 182
contentions in writing, not only at the hearing, but also for a 183
reasonable period before, after, or both before and after the 184
hearing. A person who presents a position or arguments or 185
contentions in writing before or after the hearing is not required 186
to appear at the hearing.187

       At the hearing, the testimony shall be recorded. Such record 188
shall be made at the expense of the agency. The agency is required 189
to transcribe a record that is not sight readable only if a person 190
requests transcription of all or part of the record and agrees to 191
reimburse the agency for the costs of the transcription. An agency 192
may require the person to pay in advance all or part of the cost 193
of the transcription.194

       In any hearing under this section the agency may administer 195
oaths or affirmations.196

       (D) After complying with divisions (A), (B), (C), and (H) of 197
this section, and when the time for legislative review and 198
invalidation under division (I) of this section has expired, the 199
agency may issue an order adopting the proposed rule or the 200
proposed amendment or rescission of the rule, consistent with the 201
synopsis or general statement included in the public notice. At 202
that time the agency shall designate the effective date of the 203
rule, amendment, or rescission, which shall not be earlier than 204
the tenth day after the rule, amendment, or rescission has been 205
filed in its final form as provided in section 119.04 of the 206
Revised Code.207

       (E) Prior to the effective date of a rule, amendment, or 208
rescission, the agency shall make a reasonable effort to inform 209
those affected by the rule, amendment, or rescission and to have 210
available for distribution to those requesting it the full text of 211
the rule as adopted or as amended.212

       (F) If the governor, upon the request of an agency, 213
determines that an emergency requires the immediate adoption, 214
amendment, or rescission of a rule, the governor shall issue an 215
order, the text of which shall be filed in electronic form with 216
the agency, the secretary of state, the director of the 217
legislative service commission, and the joint committee on agency 218
rule review, that the procedure prescribed by this section with 219
respect to the adoption, amendment, or rescission of a specified 220
rule is suspended. The agency may then adopt immediately the 221
emergency rule, amendment, or rescission and it becomes effective 222
on the date the rule, amendment, or rescission, in final form and 223
in compliance with division (A)(2) of section 119.04 of the 224
Revised Code, is filed in electronic form with the secretary of 225
state, the director of the legislative service commission, and the 226
joint committee on agency rule review. If all filings are not 227
completed on the same day, the emergency rule, amendment, or 228
rescission shall be effective on the day on which the latest 229
filing is completed. The director shall publish the full text of 230
the emergency rule, amendment, or rescission in the register of 231
Ohio.232

       The emergency rule, amendment, or rescission shall become 233
invalid at the end of the ninetieth day it is in effect. Prior to 234
that date the agency may adopt the emergency rule, amendment, or 235
rescission as a nonemergency rule, amendment, or rescission by 236
complying with the procedure prescribed by this section for the 237
adoption, amendment, and rescission of nonemergency rules. The 238
agency shall not use the procedure of this division to readopt the 239
emergency rule, amendment, or rescission so that, upon the 240
emergency rule, amendment, or rescission becoming invalid under 241
this division, the emergency rule, amendment, or rescission will 242
continue in effect without interruption for another ninety-day 243
period, except when division (I)(2)(a) of this section prevents 244
the agency from adopting the emergency rule, amendment, or 245
rescission as a nonemergency rule, amendment, or rescission within 246
the ninety-day period.247

       This division does not apply to the adoption of any emergency 248
rule, amendment, or rescission by the tax commissioner under 249
division (C)(2) of section 5117.02 of the Revised Code.250

       (G) Rules adopted by an authority within the department of 251
job and family services for the administration or enforcement of 252
Chapter 4141. of the Revised Code or of the department of taxation 253
shall be effective without a hearing as provided by this section 254
if the statutes pertaining to such agency specifically give a 255
right of appeal to the board of tax appeals or to a higher 256
authority within the agency or to a court, and also give the 257
appellant a right to a hearing on such appeal. This division does 258
not apply to the adoption of any rule, amendment, or rescission by 259
the tax commissioner under division (C)(1) or (2) of section 260
5117.02 of the Revised Code, or deny the right to file an action 261
for declaratory judgment as provided in Chapter 2721. of the 262
Revised Code from the decision of the board of tax appeals or of 263
the higher authority within such agency.264

       (H) When any agency files a proposed rule, amendment, or 265
rescission under division (B) of this section, it shall also file 266
in electronic form with the joint committee on agency rule review 267
the full text of the proposed rule, amendment, or rule to be 268
rescinded in the same form and the public notice required under 269
division (A) of this section. (If in compliance with this division 270
an agency files more than one proposed rule, amendment, or 271
rescission at the same time, and has given a public notice under 272
division (A) of this section that applies to more than one of the 273
proposed rules, amendments, or rescissions, the agency shall file 274
only one notice with the joint committee for all of the proposed 275
rules, amendments, or rescissions to which the notice applies.) If 276
the agency makes a substantive revision in a proposed rule, 277
amendment, or rescission after it is filed with the joint 278
committee, the agency shall promptly file the full text of the 279
proposed rule, amendment, or rescission in its revised form in 280
electronic form with the joint committee. The latest version of a 281
proposed rule, amendment, or rescission as filed with the joint 282
committee supersedes each earlier version of the text of the same 283
proposed rule, amendment, or rescission. An agency shall file the 284
rule summary and fiscal analysis prepared under section 127.18 of 285
the Revised Code in electronic form along with a proposed rule, 286
amendment, or rescission, and along with a proposed rule, 287
amendment, or rescission in revised form, that is filed under this 288
division. If a proposed rule, amendment, or rescission has an 289
adverse impact on businesses, the agency also shall file the 290
business impact analysis, any recommendations received from the 291
common sense initiative office, and the agency's memorandum of 292
response, if any, in electronic form along with the proposed rule, 293
amendment, or rescission, or along with the proposed rule, 294
amendment, or rescission in revised form, that is filed under this 295
division.296

       This division does not apply to:297

       (1) An emergency rule, amendment, or rescission;298

       (2) Any proposed rule, amendment, or rescission that must be 299
adopted verbatim by an agency pursuant to federal law or rule, to 300
become effective within sixty days of adoption, in order to 301
continue the operation of a federally reimbursed program in this 302
state, so long as the proposed rule contains both of the 303
following:304

       (a) A statement that it is proposed for the purpose of 305
complying with a federal law or rule;306

       (b) A citation to the federal law or rule that requires 307
verbatim compliance.308

       If a rule or amendment is exempt from legislative review 309
under division (H)(2) of this section, and if the federal law or 310
rule pursuant to which the rule or amendment was adopted expires, 311
is repealed or rescinded, or otherwise terminates, the rule or 312
amendment, or its rescission, is thereafter subject to legislative 313
review under division (H) of this section.314

       (I)(1) The joint committee on agency rule review may 315
recommend the adoption of a concurrent resolution invalidating a 316
proposed rule, amendment, rescission, or part thereof if it finds 317
any of the following:318

       (a) That the rule-making agency has exceeded the scope of its 319
statutory authority in proposing the rule, amendment, or 320
rescission;321

       (b) That the proposed rule, amendment, or rescission 322
conflicts with another rule, amendment, or rescission adopted by 323
the same or a different rule-making agency;324

       (c) That the proposed rule, amendment, or rescission 325
conflicts with the legislative intent in enacting the statute 326
under which the rule-making agency proposed the rule, amendment, 327
or rescission;328

       (d) That the rule-making agency has failed to prepare a 329
complete and accurate rule summary and fiscal analysis of the 330
proposed rule, amendment, or rescission as required by section 331
127.18 of the Revised Code;332

       (e) That the proposed rule, amendment, or rescission 333
incorporates a text or other material by reference and either the 334
rule-making agency has failed to file the text or other material 335
incorporated by reference as required by section 121.73 of the 336
Revised Code or, in the case of a proposed rule or amendment, the 337
incorporation by reference fails to meet the standards stated in 338
section 121.72, 121.75, or 121.76 of the Revised Code;339

       (f) That the rule-making agency has failed to demonstrate 340
through the business impact analysis, recommendations from the 341
common sense initiative office, and the memorandum of response the 342
agency has filed under division (H) of this section that the 343
regulatory intent of the proposed rule, amendment, or rescission 344
justifies its adverse impact on businesses in this state;345

       (g) That the proposed rule, amendment, or rescission is to 346
implement a reform under section 5162.70 or 6301.15 of the Revised 347
Code but is unlikely to achieve the results intended in enacting 348
those sections.349

       The joint committee shall not hold its public hearing on a 350
proposed rule, amendment, or rescission earlier than the 351
forty-first day after the original version of the proposed rule, 352
amendment, or rescission was filed with the joint committee.353

       The house of representatives and senate may adopt a 354
concurrent resolution invalidating a proposed rule, amendment, 355
rescission, or part thereof. The concurrent resolution shall state 356
which of the specific rules, amendments, rescissions, or parts 357
thereof are invalidated. A concurrent resolution invalidating a 358
proposed rule, amendment, or rescission shall be adopted not later 359
than the sixty-fifth day after the original version of the text of 360
the proposed rule, amendment, or rescission is filed with the 361
joint committee, except that if more than thirty-five days after 362
the original version is filed the rule-making agency either files 363
a revised version of the text of the proposed rule, amendment, or 364
rescission, or revises the rule summary and fiscal analysis in 365
accordance with division (I)(4) of this section, a concurrent 366
resolution invalidating the proposed rule, amendment, or 367
rescission shall be adopted not later than the thirtieth day after 368
the revised version of the proposed rule or rule summary and 369
fiscal analysis is filed. If, after the joint committee on agency 370
rule review recommends the adoption of a concurrent resolution 371
invalidating a proposed rule, amendment, rescission, or part 372
thereof, the house of representatives or senate does not, within 373
the time remaining for adoption of the concurrent resolution, hold 374
five floor sessions at which its journal records a roll call vote 375
disclosing a sufficient number of members in attendance to pass a 376
bill, the time within which that house may adopt the concurrent 377
resolution is extended until it has held five such floor sessions.378

       Within five days after the adoption of a concurrent 379
resolution invalidating a proposed rule, amendment, rescission, or 380
part thereof, the clerk of the senate shall send the rule-making 381
agency, the secretary of state, and the director of the 382
legislative service commission in electronic form a certified text 383
of the resolution together with a certification stating the date 384
on which the resolution takes effect. The secretary of state and 385
the director of the legislative service commission shall each note 386
the invalidity of the proposed rule, amendment, rescission, or 387
part thereof, and shall each remove the invalid proposed rule, 388
amendment, rescission, or part thereof from the file of proposed 389
rules. The rule-making agency shall not proceed to adopt in 390
accordance with division (D) of this section, or to file in 391
accordance with division (B)(1) of section 111.15 of the Revised 392
Code, any version of a proposed rule, amendment, rescission, or 393
part thereof that has been invalidated by concurrent resolution.394

       Unless the house of representatives and senate adopt a 395
concurrent resolution invalidating a proposed rule, amendment, 396
rescission, or part thereof within the time specified by this 397
division, the rule-making agency may proceed to adopt in 398
accordance with division (D) of this section, or to file in 399
accordance with division (B)(1) of section 111.15 of the Revised 400
Code, the latest version of the proposed rule, amendment, or 401
rescission as filed with the joint committee. If by concurrent 402
resolution certain of the rules, amendments, rescissions, or parts 403
thereof are specifically invalidated, the rule-making agency may 404
proceed to adopt, in accordance with division (D) of this section, 405
or to file in accordance with division (B)(1) of section 111.15 of 406
the Revised Code, the latest version of the proposed rules, 407
amendments, rescissions, or parts thereof as filed with the joint 408
committee that are not specifically invalidated. The rule-making 409
agency may not revise or amend any proposed rule, amendment, 410
rescission, or part thereof that has not been invalidated except 411
as provided in this chapter or in section 111.15 of the Revised 412
Code.413

       (2)(a) A proposed rule, amendment, or rescission that is 414
filed with the joint committee under division (H) of this section 415
or division (D) of section 111.15 of the Revised Code shall be 416
carried over for legislative review to the next succeeding regular 417
session of the general assembly if the original or any revised 418
version of the proposed rule, amendment, or rescission is filed 419
with the joint committee on or after the first day of December of 420
any year.421

       (b) The latest version of any proposed rule, amendment, or 422
rescission that is subject to division (I)(2)(a) of this section, 423
as filed with the joint committee, is subject to legislative 424
review and invalidation in the next succeeding regular session of 425
the general assembly in the same manner as if it were the original 426
version of a proposed rule, amendment, or rescission that had been 427
filed with the joint committee for the first time on the first day 428
of the session. A rule-making agency shall not adopt in accordance 429
with division (D) of this section, or file in accordance with 430
division (B)(1) of section 111.15 of the Revised Code, any version 431
of a proposed rule, amendment, or rescission that is subject to 432
division (I)(2)(a) of this section until the time for legislative 433
review and invalidation, as contemplated by division (I)(2)(b) of 434
this section, has expired.435

       (3) Invalidation of any version of a proposed rule, 436
amendment, rescission, or part thereof by concurrent resolution 437
shall prevent the rule-making agency from instituting or 438
continuing proceedings to adopt any version of the same proposed 439
rule, amendment, rescission, or part thereof for the duration of 440
the general assembly that invalidated the proposed rule, 441
amendment, rescission, or part thereof unless the same general 442
assembly adopts a concurrent resolution permitting the rule-making 443
agency to institute or continue such proceedings.444

       The failure of the general assembly to invalidate a proposed 445
rule, amendment, rescission, or part thereof under this section 446
shall not be construed as a ratification of the lawfulness or 447
reasonableness of the proposed rule, amendment, rescission, or any 448
part thereof or of the validity of the procedure by which the 449
proposed rule, amendment, rescission, or any part thereof was 450
proposed or adopted.451

       (4) In lieu of recommending a concurrent resolution to 452
invalidate a proposed rule, amendment, rescission, or part thereof 453
because the rule-making agency has failed to prepare a complete 454
and accurate fiscal analysis, the joint committee on agency rule 455
review may issue, on a one-time basis, for rules, amendments, 456
rescissions, or parts thereof that have a fiscal effect on school 457
districts, counties, townships, or municipal corporations, a 458
finding that the rule summary and fiscal analysis is incomplete or 459
inaccurate and order the rule-making agency to revise the rule 460
summary and fiscal analysis and refile it with the proposed rule, 461
amendment, rescission, or part thereof. If an emergency rule is 462
filed as a nonemergency rule before the end of the ninetieth day 463
of the emergency rule's effectiveness, and the joint committee 464
issues a finding and orders the rule-making agency to refile under 465
division (I)(4) of this section, the governor may also issue an 466
order stating that the emergency rule shall remain in effect for 467
an additional sixty days after the ninetieth day of the emergency 468
rule's effectiveness. The governor's orders shall be filed in 469
accordance with division (F) of this section. The joint committee 470
shall send in electronic form to the rule-making agency, the 471
secretary of state, and the director of the legislative service 472
commission a certified text of the finding and order to revise the 473
rule summary and fiscal analysis, which shall take immediate 474
effect.475

       An order issued under division (I)(4) of this section shall 476
prevent the rule-making agency from instituting or continuing 477
proceedings to adopt any version of the proposed rule, amendment, 478
rescission, or part thereof until the rule-making agency revises 479
the rule summary and fiscal analysis and refiles it in electronic 480
form with the joint committee along with the proposed rule, 481
amendment, rescission, or part thereof. If the joint committee 482
finds the rule summary and fiscal analysis to be complete and 483
accurate, the joint committee shall issue a new order noting that 484
the rule-making agency has revised and refiled a complete and 485
accurate rule summary and fiscal analysis. The joint committee 486
shall send in electronic form to the rule-making agency, the 487
secretary of state, and the director of the legislative service 488
commission a certified text of this new order. The secretary of 489
state and the director of the legislative service commission shall 490
each link this order to the proposed rule, amendment, rescission, 491
or part thereof. The rule-making agency may then proceed to adopt 492
in accordance with division (D) of this section, or to file in 493
accordance with division (B)(1) of section 111.15 of the Revised 494
Code, the proposed rule, amendment, rescission, or part thereof 495
that was subject to the finding and order under division (I)(4) of 496
this section. If the joint committee determines that the revised 497
rule summary and fiscal analysis is still inaccurate or 498
incomplete, the joint committee shall recommend the adoption of a 499
concurrent resolution in accordance with division (I)(1) of this 500
section.501

       Sec. 5162.70.  (A) As used in this section, "CPI inflation 502
rate" means the inflation rate as specified in the consumer price 503
index for all urban consumers as published by the United States 504
bureau of labor statistics.505

       (B) The medicaid director shall implement reforms to the 506
medicaid program that do all of the following:507

       (1) Provide for the growth in the per member per month cost 508
of the medicaid program, as determined on an aggregate basis for 509
all eligibility groups, for the six-month period immediately 510
preceding the first day of each January and the six-month period 511
immediately preceding the first day of each July to be not more 512
than the average annual increase in the CPI inflation rate for 513
medical care for the most recent three-year period for which the 514
necessary data is available as of that first day of January or 515
July;516

       (2) Achieve the limit in the growth of the per member per 517
month cost of the medicaid program required by division (B)(1) of 518
this section in a manner that does all of the following:519

       (a) Improves the physical and mental health of medicaid 520
recipients;521

       (b) Provides for medicaid recipients to receive medicaid 522
services in the most cost-effective and sustainable manner;523

       (c) Removes barriers that impede medicaid recipients' ability 524
to transfer to lower cost, and more appropriate, medicaid 525
services.526

       (3) Reduce the relative number of individuals who need 527
medicaid that is achieved in a manner that utilizes both of the 528
following:529

       (a) Programs that have been demonstrated to be effective and 530
have one or more of the following features:531

       (i) Have low costs; 532

       (ii) Utilize volunteers;533

       (iii) Utilize incentives;534

       (iv) Are led by peers.535

       (b) The identification and elimination of medicaid 536
eligibility requirements that are barriers to achieving greater 537
financial independence.538

       (4) Reduce the number of times that medicaid recipients are 539
readmitted to hospitals or utilize emergency department services 540
when the readmissions or utilizations are avoidable;541

       (5) Provide medicaid recipients with information about the 542
actual costs of medicaid services and the amounts the medicaid 543
program pays for the services so that recipients are able to use 544
this information when choosing medicaid providers.545

       (C) The reforms implemented under this section shall, without 546
changing the medicaid program's eligibility requirements, reduce 547
the relative number of individuals enrolled in the medicaid 548
program who have the greatest potential to obtain the income and 549
resources that would enable them to cease enrollment in medicaid 550
and instead obtain health care coverage through employer-sponsored 551
health insurance or the health insurance marketplace.552

       Sec. 6301.15.  The director of job and family services shall 553
implement reforms to workforce development activities that do both 554
of the following:555

       (A) Reduce the relative number of individuals who need 556
medicaid that is achieved in a manner that utilizes all of the 557
following:558

       (1) Programs that have been demonstrated to be effective and 559
have one or more of the following features:560

       (a) Have low costs;561

       (b) Utilize volunteers;562

       (c) Utilize incentives;563

       (d) Are led by peers.564

       (2) Educational and training opportunities;565

       (3) Employment opportunities;566

       (4) Other initiatives the director considers appropriate.567

       (B) Enhance the relationship between educational facilities, 568
workforce development activities, and employers.569

       Section 2.  That existing section 119.03 of the Revised Code 570
is hereby repealed.571

       Section 3. That sections 101.39 and 101.391 of the Revised 572
Code are repealed.573

       Section 4. The Joint Medicaid Oversight Committee shall 574
prepare a report with recommendations for legislation regarding 575
Medicaid payment rates for Medicaid services. The goal of the 576
recommendations shall be to provide the Medicaid Director 577
statutory authority to implement innovative methodologies for 578
setting Medicaid payment rates that limit the growth in Medicaid 579
costs and protect, and establish guiding principles for, Medicaid 580
providers and recipients. The Medicaid Director shall assist the 581
Committee with the report. The Committee shall submit the report 582
to the General Assembly in accordance with section 101.68 of the 583
Revised Code not later than January 1, 2014.584

       Section 5. (A) As used in this section:585

       (1) "Federal poverty line" has the same meaning as in section 586
5162.01 of the Revised Code.587

       (2) "Medicaid transition population" means both of the 588
following:589

       (a) Medicaid recipients whose countable family incomes are 590
within the top twenty-five percentage points of the income 591
eligibility limit for the eligibility group under which they 592
qualify for Medicaid;593

       (b) Medicaid recipients whose countable family incomes are 594
not less than the federal poverty line.595

       (B) The Joint Medicaid Oversight Committee shall prepare a 596
report with recommendations for creating a comprehensive pilot 597
program under which peer mentors assist Medicaid recipients who 598
are part of the Medicaid transition population, and the families 599
of such recipients, develop and implement plans for overcoming 600
barriers to achieving greater financial independence and 601
successfully accessing employment opportunities. The Committee 602
shall submit the report to the General Assembly in accordance with 603
section 101.68 of the Revised Code and the Medicaid Director and 604
Director of Job and Family Services not later than June 30, 2014.605