David AGNEW, et al., Defendants, Appellants.
David AGNEW, et al., Defendants, Appellees.
Richard P. Ward, Boston, Mass., with whom Ropes & Gray, Boston, Mass., was on brief, for David Agnew and Charles Bradley.
Claire Brady White, Dept. of Labor, Washington, D.C., with whom T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Ruth E. Peters, Washington, D.C., Counsel for Appellate Litigation, and Albert H. Ross, Regional Sol., Boston, Mass., were on brief, for Raymond J. Donovan.
Before COFFIN and BREYER, Circuit Judges, and SELYA,* District Judge.
The Secretary of Labor ("the Secretary") brought this action in May of 1981 against Maxim Industries, Inc. and appellants1 David Agnew and Charles Bradley, alleging violations of the minimum wage and overtime compensation provisions of the Fair Labor Standards Act ("the FLSA"), 29 U.S.C. § 201 et seq. Maxim Industries, now bankrupt, was a Massachusetts corporation engaged in the manufacture of fire trucks at a plant in Middleborough, Massachusetts. The Secretary's action resulted from Maxim's failure to pay 99 hourly employees and eight salaried managerial employees for work performed over two to three weeks in January of 1981, just prior to the closing of its Middleborough plant.
After cross motions for summary judgment, the district court conducted an evidentiary hearing limited to the issue of whether appellants as well as Maxim Industries were "employers" under the Act and thus personally liable for the alleged violations. In a March 1982 opinion the court held that they were. Shortly thereafter, Maxim Industries having entered bankruptcy, the district court, on the Secretary's motion, allowed a voluntary dismissal of the case as against Maxim.
Based on the parties' stipulation of unpaid wages, the court in December of 1982 ordered the payment of such wages to each of the 99 hourly wage employees, rejecting appellants' contention that the Secretary had failed to establish coverage of those employees under the FLSA. The court found, however, that the eight salaried managerial employees continued to be exempt from FLSA coverage despite nonpayment of their salaries.
Agnew and Bradley appeal the court's two rulings, 552 F.Supp. 1027 and 522 F.Supp. 1024, that they are employers and that the Secretary has established coverage; the Secretary cross appeals the exemption of the managerial employees.
The FLSA requires that employers pay to covered employees a minimum hourly wage. 29 U.S.C. § 206. "Employer" is defined to "include[ ] any person acting directly or indirectly in the interest of an employer in relation to an employee." 29 U.S.C. § 203(d). Taken literally this language would support liability against any agent or employee with supervisory power over other employees. It has, indeed, been interpreted expansively. In determining employer status, "economic reality" prevails over technical common law concepts of agency. Goldberg v. Whitaker, 366 U.S. 28, 33, 81 S.Ct. 933, 936, 6 L.Ed.2d 100 (1961). There may be several simultaneous employers. Falk v. Brennan, 414 U.S. 190, 195, 94 S.Ct. 427, 431, 38 L.Ed.2d 406 (1973); Hodgson v. Arnheim & Neely, Inc., 444 F.2d 609, 611-12 (3d Cir.1971).
The overwhelming weight of authority is that a corporate officer with operational control of a corporation's covered enterprise is an employer along with the corporation, jointly and severally liable under the FLSA for unpaid wages. See, e.g., Donovan v. Sabine Irrigation Co., Inc., 695 F.2d 190, 194-95 (5th Cir.1983), cert. denied, --- U.S. ----, 103 S.Ct. 3537, 76 L.Ed.2d ---- (1983); Marchak v. Observer Publications, Inc., 493 F.Supp. 278, 282 (D.R.I.1980); Brennan v. Whatley, 432 F.Supp. 465, 469 (E.D.Tex.1977); Hodgson v. Royal Crown Bottling Co., 324 F.Supp. 342, 347 (D.Miss.1970), aff'd, 465 F.2d 473 (5th Cir.1972); Schultz v. Chalk-Fitzgerald Construction Co., 309 F.Supp. 1255 (D.Mass.1970); cf. Chambers Construction Co. v. Mitchell, 233 F.2d 717, 724-25 (8th Cir.1956) (corporate officer within definition of "employer"; therefore trial judge did not abuse discretion in making injunction run against him personally). Personal liability has been found even against a corporate officer who lacks an ownership interest in the corporation, Sabine Irrigation Co., Inc., supra, 695 F.2d at 194-95; or who has minimal ownership interest, Usery v. Weiner Bros., Inc., 70 F.R.D. 615, 617 (D.Conn.1976).
The district court here found that during the relevant period Maxim Industries, Inc. was wholly owned by Maxim, Inc., which in turn was owned by appellants Agnew and Bradley, who together were President, Treasurer, Secretary and sole members of the Board of Directors of Maxim Industries, Inc.2 It found that both appellants maintained offices at Maxim Industries' Middleborough plant and that both were actively engaged in the management, supervision and oversight of Maxim Industries' affairs, including employee compensation and benefits.
The court found specifically that appellant Agnew was personally responsible for allowing the company's worker's compensation insurance to lapse in derogation of its legal responsibility and personally took responsibility for making banking arrangements when informed in late 1980 that Maxim's payroll account could not cover its weekly payroll; and that appellant Bradley, during the latter part of 1980, personally supervised the cash flow of the company on a day to day basis, was personally involved in decisions about layoffs and employee overtime hours, and met frequently with the union president regarding the company's failure to make payments to the employees' pension plan, health insurance plan, and workers' compensation program. Specifically as regards the company's failure to pay wages during the last days of the company's operations, the court found that "Agnew and Bradley as principals of the firm knowingly undertook a calculated risk to keep the plant open, in spite of layoff recommendations from the bank, the union, and their own managers, and in spite of the company's inability fully to fulfill its statutory obligations to its employees."
Because the court conducted a full evidentiary hearing on the issue of appellants' employer status and entered findings of fact, we will not set aside those findings unless they are clearly erroneous. Rule 52(a) Fed.R.Civ.P. They are not. The question before us, then, is whether corporate officers with a substantial ownership interest in the corporation who are directly involved in decisions affecting employee compensation may be held personally liable for the corporation's failure to pay minimum and overtime wages as required under the FLSA.
"[I]t is one thing to say that an individual officer or stockholder may be subjected to an injunction; it is quite another thing to say that merely because an individual connected with a corporation may fall within the statutory definition of an 'employer' such individual becomes liable personally for wages due employees under the Act.... Such personal liability should be imposed only where in ordinary civil litigation the corporate entity would be ignored and personal liability for corporate debts imposed on the individual involved."
The individual defendant in the Pure Ice case was president of the corporation and owned 75 per cent of its stock. On appeal, the Eighth Circuit affirmed but did not adopt the district court's reasoning, relying instead on facts indicating that the defendant was not directly involved in the operation of the company. The court indicated that it might reach a different result if there were "a combination of stock ownership, management, direction and the right to hire and fire employees." Wirtz v. Pure Ice Co., 322 F.2d 259, 263 (8th Cir.1963).
Appellants also argue by way of analogy to the National Labor Relations Act ("the Act"), under which corporate officers have not been held personally accountable for the corporation's backpay liability absent circumstances equivalent to those that would justify piercing the corporate veil at common law.3 See Concrete Mfg. Co., 262 NLRB No. 92 (1982); Chef Nathan Sez Eat Here, Inc., 201 NLRB 343 (1973); Riley Aeronautics Corp., 178 NLRB No. 495 (1969). Appellants urge that reference to NLRA precedent is apt in interpreting the scope of the term "employer" under the FLSA because when enacted in 1935, three years before the enactment of the FLSA, the NLRA defined employer as does the FLSA. They also point out that the legislative history of the Taft-Hartley amendments to the NLRA, which amended the NLRA's definition of employer, indicates that Congress' intent in the original definition was to make employers liable for the acts of their agents, not vice versa.
The NLRA now defines "employer" to "include[ ] any person acting as an agent of an employer, directly or indirectly...." 29 U.S.C. § 152(2). The legislative history of the Taft-Hartley amendments indicates that Congress, in amending the definition of employer, was responding to the Labor Board's expansive interpretation of the original definition, under which employers had been held responsible for the acts of others beyond common law principles of agency.
"Under existing law 'employer' is defined to include any person acting in the interest of an employer. The House bill changed this so as to include as an employer only persons acting as agents of an employer. This was done for the reason that the Board has on numerous occasions held an employer responsible for the acts of subordinate employees and others although not acting within the scope of any authority from the employer, real or apparent." H.R. No. 510, 80th Cong., 1st Sess. (1947), reprinted in 1947 U.S.Code Cong. Service 1135, 1137.
Appellants' analysis is not without merit, and we follow it to a certain point. We agree that it should not lightly be inferred that Congress intended to disregard in this context the shield from personal liability which is one of the major purposes of doing business in a corporate form. It is difficult to accept, as the Secretary argues and as some courts have apparently held, that Congress intended that any corporate officer or other employee with ultimate operational control over payroll matters be personally liable for the corporation's failure to pay minimum and overtime wages as required by the FLSA.
Nor do we think too much weight can be put on the Act's broadly inclusive definition of "employer". Taken literally and applied in this context it would make any supervisory employee, even those without any control over the corporation's payroll, personally liable for the unpaid or deficient wages of other employees. It makes more sense, as appellants argue, to interpret that language as intended to prevent employers from shielding themselves from responsibility for the acts of their agents.
But neither does the language of the Act in defining employer support appellants' contention that officers in a bona fide corporation can never be held personally liable for unpaid wages. Looking beyond that single section, it is clear that Congress did not intend to incorporate the common law parameters of the employer-employee relationship. Unlike the NLRA, the FLSA defines "employee" to "mean[ ] any individual employed by an employer." 29 U.S.C. § 203(e)(1); the term was thus given what Senator Black described on the floor of the Senate as " 'the broadest definition that has ever been included in any one act.' 81 Cong.Rec. 7657." United States v. Rosenwasser, 323 U.S. 360, 363 n. 3, 65 S.Ct. 295, 296 n. 3, 89 L.Ed. 301 (1945).
To gauge the scope of the employer-employee relationship in particular contexts, the Supreme Court has looked not only to the definitions of employer and employee but to the entire remedial context of the Act.
"[T]here is in the Fair Labor Standards Act no definition that solves problems as to the limits of the employer-employee relationship under the Act.... The definition of 'employ' is broad.... 'This Act contains its own definitions, comprehensive enough to require its application to many persons and working relationships which, prior to this Act, were not deemed to fall within the employer-employee category.' " Rutherford Food Corp. v. McComb, 331 U.S. 722, 728-29 [67 S.Ct. 1473, 1475-76, 91 L.Ed. 1772] (1947) (quoting Walling v. Portland Terminal Co., 330 U.S. 148, 152 [67 S.Ct. 639, 641, 91 L.Ed. 809] (1947)).
The Court has not looked to "technical" common law concepts to define the scope of the employer-employee relationship under the Act, but rather to "economic reality". Goldberg v. Whitaker House, supra, 366 U.S. at 33, 81 S.Ct. at 936; Rutherford Food Corp., supra, 331 U.S. at 729, 67 S.Ct. at 1476.
Significantly, the Supreme Court initially applied the same broad "economic reality" analysis to determine the scope of the employment relationship under the NLRA, NLRB v. Hearst Publications, 322 U.S. 111, 64 S.Ct. 851, 88 L.Ed. 1170 (1944) ("[T]he broad language of the Act's definitions, which in terms reject conventional limitations on such conceptions as 'employee', 'employer', and 'labor dispute', leaves no doubt that its applicability is to be determined broadly, in doubtful situations, by underlying economic facts rather than technically and exclusively by previously established legal classifications."), and under the Social Security Act, Bartels v. Birmingham, 332 U.S. 126, 130, 67 S.Ct. 1547, 1549, 91 L.Ed. 1947 (1947); United States v. Silk, 331 U.S. 704, 713, 67 S.Ct. 1463, 1468, 91 L.Ed. 1757 (1947). But in the case of those two Acts, Congress has expressly overruled the Court's expansive interpretation. The Taft-Hartley Act amended the NLRA's definition of "employee" to exclude "any individual ... having the status of an independent contractor", 29 U.S.C. § 152(3), specifically overruling NLRB v. Hearst Publications, Inc., supra. H.R. No. 510, supra, at 1138. Similarly, Congress acted in 1948 to correct any suggestion in the Silk and Bartels cases that the scope of the employer-employee relationship should be construed as broader than that at common law. S.Rep. No. 1255, 80th Cong., 2d Sess. (1948), reprinted in 1948 U.S.Code Cong. Service 1752, 1753.
By contrast, despite having revisited the FLSA in 1949 (63 Stat. 910), 1956 (70 Stat. 1118), 1961 (75 Stat. 65), 1963 (77 Stat. 56), 1966 (80 Stat. 830), 1974 (88 Stat. 55), and 1977 (91 Stat. 1245), Congress has never contradicted the Court's broad, "economic reality" interpretation of the Act. It is true that Supreme Court precedent applying an "economic reality" rather than a common law analysis of the employer-employee relationship has been in the context of determining whether an individual or group of individuals should be excluded from the Act's coverage of employees as independent contractors. But lower court decisions disregarding the corporate form to find individual corporate officers "employers" within the meaning of the Act are not of such recent vintage that we can be sure that they have escaped Congress' attention.
Taking an "economic reality" approach to the facts of this case, we find that the district court did not err in holding appellants personally liable for the unpaid wages of their 99 hourly employees. Our holding is narrow. We review the liability of corporate officers with a significant ownership interest who had operational control of significant aspects of the corporation's day to day functions, including compensation of employees, and who personally made decisions to continue operations despite financial adversity during the period of nonpayment. Cf. Wirtz v. Pure Ice Co., supra, 322 F.2d at 263. Under these circumstances, we agree with the district court's holding that appellants were employers within the meaning of the Act chargeable with personal liability for failure to pay minimum and overtime wages as required by the FLSA.
The FLSA requires that "[e]very employer shall pay to each of his employees who in an workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce" minimum wage rates. 29 U.S.C. § 206 (emphasis added). Appellants argue that the Secretary has not established "jurisdictional coverage" of appellants' hourly employees under that section or under the similar provisions of § 207 for overtime wages.
We first note that whether or not the Secretary ultimately has demonstrated such coverage does not implicate in any way the subject matter jurisdiction of the district court or this court. See Marchak, supra, 493 F.Supp. at 278.
"Jurisdiction, therefore, is not defeated as respondents seem to contend, by the possibility that the averments might fail to state a cause of action on which petitions could actually recover. For it is well settled that the failure to state a proper cause of action calls for a judgment on the merits and not for a dismissal for want of jurisdiction. Whether the complaint states a cause of action on which relief could be granted is a question of law and just as issues of fact it must be decided after and not before the court has assumed jurisdiction over the controversy. If the court does later exercise its jurisdiction to determine that the allegations in the complaint do not state a ground for relief, then dismissal of the case would be on the merits, not for want of jurisdiction." Bell v. Hood, 327 U.S. 678, 682 [66 S.Ct. 773, 776, 90 L.Ed. 939] (1946) (citations omitted).
This is true, a fortiori, where as here there is no allegation that the complaint is not legally sufficient. To hold otherwise would turn every federal claim that fails on the merits into a dismissal for lack of jurisdiction.
The Secretary attempted to establish that Maxim was an enterprise engaged in commerce through requests for admissions establishing the essential aspects of the definition, including "[t]hat during the year up to and including the pertinent period, the annual gross volume of sales made or business done by Maxim exceeded $250,000." Appellants admitted that assertion.
In December of 1981, after cross motions for summary judgment had been made, appellants, in their opposition to the Secretary's supplemental motion for summary judgment, raised the issue of coverage under the Act.
"[T]here is still in dispute, as is seen by the pleadings, substantial factual issues not established, such as those set forth in paragraph IV of the Complaint which set forth the facts necessary to establish jurisdiction under the Act, i.e., that the defendants were an 'enterprise' within the meaning of Section 3(s)(1) of the Act."
They did not at that time spell out their basis for asserting that the Secretary had failed to establish coverage.
After the court had held, following an evidentiary hearing, that appellants were "employers" under the Act and after the parties had stipulated the names of unpaid employees and the amounts due each, the Secretary moved in September of 1982 for entry of judgment. In a memorandum opposing the Secretary's motion, appellants detailed for the first time the basis of their assertion that the Secretary had failed to demonstrate coverage under the Act of the unpaid employees.
"In attempting to reopen the question of whether the dollar volume coverage test has been met, defendants imply that a factual issue persists. Defendants know full well, however, that Maxim Industries, Inc., during the pertinent period, exceeded the $250,000 minimum at least ten-fold. Should the court desire, however, the plaintiff is fully prepared to introduce such evidence on short notice and without requiring more than thirty minutes of the court's time."
The court, apparently finding no need for further demonstration of coverage, granted the Secretary's motion for summary judgment with regard to the hourly wage employees and found "no merit to defendant's contention that plaintiff Secretary has not established the basis of jurisdiction in this Court."A party moving for summary judgment bears the burden of showing that there is no genuine issue as to all the material facts necessary to entitle him to judgment. 6 J. Moore, Federal Practice p 56.15. But if each element essential to the success of that motion is supported by affidavits or other appropriate papers, the adverse party may not sit idle.
"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial." Rule 56(e) Fed.R.Civ.P.
If, however, the moving party's showing is insufficient, no defense is required. See, e.g., Adickes v. Kress & Co., 398 U.S. 144, 161, 90 S.Ct. 1598, 1610, 26 L.Ed.2d 142 (1970) (quoting 6 J. Moore, Federal Practice p 56.22, at 2824-2825); Rule 56(e), Notes of Advisory Committee on 1963 Amendment ("Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue summary judgment must be denied even if no opposing evidentiary matter is presented.").
The question before us is whether the Secretary's allegation of enterprise coverage under the Act is sufficiently supported by appellants' admission of gross volume sales over $250,000 to shift to appellants the burden of coming forward with evidence that, due to the exclusion in the statutory parenthetical for excise taxes, coverage has not been established. Technically, the Secretary's allegation is insufficiently supported. We are doubtful on the record, however, that a genuine issue of material fact remains making summary judgment inappropriate4, and are loath to create unnecessary delay and expenditure of judicial resources. "The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." Conley v. Gibson, 355 U.S. 41, 48, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957).
We will therefore retain jurisdiction and remand to the district court for the limited purpose of making findings of fact as to enterprise coverage. Appellants having admitted an annual sales volume exceeding the statutory amount, the burden shall be on them to demonstrate expeditiously that there is nonetheless a genuine issue of fact as to enterprise coverage under §§ 203(s), 206 and 207. The court may also accept any further offer of proof from the Secretary and allow, in its discretion, discovery conducted by the Secretary for this limited purpose. The court shall then make a finding of fact and report it to us along with the papers supporting that finding. It is of course to be hoped that this issue may be resolved without a hearing.
Finally, we review the Secretary's contention that appellants are also liable under the FLSA for failure to pay minimum wages to eight managerial employees. Section 13(a)(1) of the FLSA, 29 U.S.C. § 213(a)(1), exempts from coverage "any employee engaged in a bona fide executive, administrative, or professional capacity." The parties stipulated that eight named managerial employees were exempt under the provision "except to the extent, if any, that their failure to be paid subsequent to January 10, 1981 may have affected their exempt status."In arguing that employees' exempt status terminated through nonpayment the Secretary relies on 29 C.F.R. 541.1(f), which requires that in order to be exempt as an executive an employee must, inter alia, be "compensated for his services on a salary basis at a rate not less than $155 per week." The Secretary cites no precedent, however, for applying that regulation to protect under the FLSA previously exempt employees whose contractual salaries are not paid.
The Secretary's reliance on Tripp v. May, 189 F.2d 198 (7th Cir.1951), is misplaced. The court there held that an employee who performed work of the type specified in the regulations and who received at least the required minimum salary or considerably more in most pay periods was nevertheless not exempt because his salary was less than the required minimum during two pay periods and because his contract did not guarantee him the required salary for all his work assignments. Id. at 201-02. But there is no question that the employees here were guaranteed by contract a "rate [of salary] not less than $155 per week." That contractual obligation was simply not met during the final two to three weeks of the company's operation.
The FLSA was enacted by Congress to remedy "labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well being of workers", 29 U.S.C. § 202, by eliminating "low wages and long hours". Rutherford Food Corp. v. McComb, supra, 331 U.S. at 727, 67 S.Ct. at 1475. We find no basis for holding that Congress intended to extend the minimum wage protections of the Act to highly salaried employees whenever their employment contracts are breached.
We retain jurisdiction and remand to the district court for the limited purpose of making findings of fact as to enterprise coverage in accordance with the opinion filed this day.


Renumbered as § 5162.03 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.02 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Repealed by 130th General Assembly File No. 25, HB 59, §105.01, eff. 9/29/2013.
Renumbered as § 5163.40 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.26 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.07 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5111.0120 by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 10/16/2009. .
Renumbered as § 5162.20 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.754 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.30 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.31 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.32 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.45 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5163.10 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0125 [Renumbered as5163.101] Medicaid state plan amendment; qualified entities for purposes of the presumptive eligibility for children option.
Renumbered as § 5163.101 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.02 [Renumbered as5164.02] Rules establishing amount, duration and scope of services.
Renumbered as § 5164.02 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.021 [Renumbered as5164.70] Reimbursement of providers.
Renumbered as § 5164.70 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.022 [Renumbered as5164.56] Lien for amount owed by provider.
Renumbered as § 5164.56 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.023 [Renumbered as5164.15] Mental health services.
Renumbered as § 5164.15 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.08 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.025 [Renumbered as5164.76] Manner of payment for community mental health facilities and alcohol and drug addiction services.
Renumbered as § 5164.76 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.027 [Renumbered as5164.20] Medicaid not to cover drugs for erectile dysfunction.
Renumbered as § 5164.20 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.028 [Renumbered as5164.32] Time-limited medicaid provider agreements.
Renumbered as § 5164.32 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.029 [Renumbered as5164.06] Medicaid coverage of occupational therapy services.
Renumbered as § 5164.06 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0210 [Renumbered as5164.92] Advanced diagnostic imaging services availability under medicaid program.
Renumbered as § 5164.92 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0211 [Renumbered as5165.48] Nursing facility not required to submit Medicaid claim for Medicare cost-sharing expenses under certain circumstances.
Renumbered as § 5165.48 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0212 [Renumbered as5164.80] Public notice for changes to medicaid reimbursement rate for medical assistance.
Renumbered as § 5164.80 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0213 [Renumbered as5164.77] Adjustment of medicaid payments; payment for aide or nursing services.
Renumbered as § 5164.77 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0214 [Renumbered as5164.82] Payment for provider-preventable condition.
Renumbered as § 5164.82 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.0215 [Renumbered as5164.93] Incentive payments for adoption and use of electronic health record technology.
Renumbered as § 5164.93 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.03 [Renumbered as5164.35] Provider offenses.
Renumbered as § 5164.35 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.37 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.34 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.342 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.341 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5164.36 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.04 [Renumbered as5164.05] Outpatient health facilities.
Renumbered as § 5164.05 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.042 [Renumbered as5164.25] Recipient with developmental disability who is eligible for medicaid case management services.
Renumbered as § 5164.25 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.05 [Renumbered as5164.45] Contracts for examination, processing, and determination of medical assistance claims.
Renumbered as § 5164.45 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.051 [Renumbered as5164.48] Medical assistance payments made to organization on behalf of providers.
Renumbered as § 5164.48 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.052 [Renumbered as5164.46] Electronic claims submission process; electronic fund transfers.
Renumbered as § 5164.46 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.053 [Renumbered as5164.301] Medicaid provider agreements for physician assistants.
Renumbered as § 5164.301 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.054 [Renumbered as5164.47] Contracting for review and analysis, quality assurance and quality review.
Renumbered as § 5164.47 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.06 [Renumbered as5164.38] Adjudication orders of department.
Renumbered as § 5164.38 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.061 [Renumbered as5164.57] Recovery of medicaid overpayments.
Renumbered as § 5164.57 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.062 [Renumbered as5164.39] Hearing not required unless timely requested.
Renumbered as § 5164.39 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.063 [Renumbered as5164.31] Funding for implementing the provider screening requirements.
Renumbered as § 5164.31 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.07 [Renumbered as5164.752] Determining maximum dispensing fee.
Renumbered as § 5164.752 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.071 [Renumbered as5164.753] Dispensing fee.
Renumbered as § 5164.753 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.08 [Renumbered as5164.759] Outpatient drug use review program.
Renumbered as § 5164.759 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.081 [Renumbered as5164.755] Supplemental drug rebate program.
Renumbered as § 5164.755 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.082 [Renumbered as5164.751] State maximum allowable cost program.
Renumbered as § 5164.751 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.083 [Renumbered as5164.757] E-prescribing system.
Renumbered as § 5164.757 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.084 [Renumbered as5164.7510] Pharmacy and therapeutics committee.
Renumbered as § 5164.7510 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.085 [Renumbered as5164.758] Adoption of rules for implementation of coordinated services program for medicaid users who abuse prescription drugs.
Renumbered as § 5164.758 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.086 [Renumbered as5164.75] Medicaid payment for a drug subject to a federal upper reimbursement limit.
Renumbered as § 5164.75 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.09 [Renumbered as5162.13] Annual report.
Renumbered as § 5162.13 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.091 [Renumbered as5162.131] Quarterly reports on controlling increase in costs.
Renumbered as § 5162.131 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.092 [Renumbered as5162.132] Annual report outlining efforts to minimize medicaid fraud, waste, and abuse.
Renumbered as § 5162.132 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.10 [Renumbered as5162.10] Review of medicaid program - corrective action - sanctions.
Renumbered as § 5162.10 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.101 [Renumbered as5162.15] Information required where annual medicaid payments exceed $5 million.
Renumbered as § 5162.15 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.102 [Renumbered as5162.04] No state cause of action to enforce federal laws.
Renumbered as § 5162.04 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.11 [Renumbered as5162.21] Estate recovery program.
Renumbered as § 5162.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.111 [Renumbered as5162.211] Lien against property of recipient or spouse as part of estate recovery program.
Renumbered as § 5162.211 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.112 [Renumbered as5162.212] Certification of amounts due under estate recovery program - collection.
Renumbered as § 5162.212 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.113 [Renumbered as5162.22] Transfer of personal needs allowance account.
Renumbered as § 5162.22 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.114 [Renumbered as5163.33] Deducting personal needs allowance from recipient's income.
Renumbered as § 5163.33 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.12 [Renumbered as5162.23] Recovering benefits incorrectly paid.
Renumbered as § 5162.23 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.121 [Renumbered as5162.24] Recovering health care costs provided to child.
Renumbered as § 5162.24 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.13 [Renumbered as5164.85] Enrolling in group health plan.
Renumbered as § 5164.85 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.14 [Renumbered as5164.88] Coordinated care through health homes.
Renumbered as § 5164.88 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.141 [Renumbered as5164.89] Case management of nonemergency transportation services.
Renumbered as § 5164.89 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.15 [Renumbered as5163.20] Beneficiary of disability trust.
Renumbered as § 5163.20 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.151 [Renumbered as5163.21] Eligibility determinations for cases involving medicaid programs.
Renumbered as § 5163.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.16 [Renumbered as5167.03] Care management system.
Renumbered as § 5167.03 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.161 [Renumbered as5167.031] Recognition of pediatric accountable care organizations.
Renumbered as § 5167.031 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.162 [Renumbered as5167.20] Reference by managed care organization to noncontracting participant.
Renumbered as § 5167.20 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.163 [Renumbered as5167.201] Payment of nonsystem provider for emergency services.
Renumbered as § 5167.201 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.17 [Renumbered as5167.10] Managed care system.
Renumbered as § 5167.10 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.171 [Renumbered as5167.31] Financial incentive awards.
Renumbered as § 5167.31 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.172 [Renumbered as5167.12] Requiring coverage of prescription drugs for medicaid recipients.
Renumbered as § 5167.12 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.173 [Renumbered as5167.40] Appointment of temporary manager.
Renumbered as § 5167.40 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.174 [Renumbered as5167.41] Disenrolling some or all medicaid recipients enrolled in managed care organization under contract.
Renumbered as § 5167.41 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.175 [Renumbered as5167.26] Records for determining costs.
Renumbered as § 5167.26 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.177 [Renumbered as5167.11] Health insuring corporation contract to provide grievance process.
Renumbered as § 5167.11 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.178 [Renumbered as5167.25] Application for federal medicaid requirements waiver.
Renumbered as § 5167.25 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.179 [Renumbered as5167.13] Contracts with managed care organizations; Implementation of coordinated services program for medicaid recipients who abuse prescription drugs.
Renumbered as § 5167.13 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.1710 [Renumbered as5167.14] Security agreements for managed care organization's use of drug database.
Renumbered as § 5167.14 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.1711 [Renumbered as5167.30] Managed care performance payment program.
Renumbered as § 5167.30 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.18 [Renumbered as5164.86] Qualified long-term care insurance partnership program.
Renumbered as § 5164.86 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.181 [Renumbered as5163.22] Life insurance policies.
Renumbered as § 5163.22 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.19 [Renumbered as5164.74] Reimbursement of graduate medical education costs.
Renumbered as § 5164.74 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.191 [Renumbered as5164.741] Payment for graduate medical education costs to noncontracting hospitals.
Renumbered as § 5164.741 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.01 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.201 [Renumbered as5165.011] Nursing facility references.
Renumbered as § 5165.011 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.202 [Renumbered as5165.03] Admission of mentally ill person to nursing facility.
Renumbered as § 5165.03 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.031 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.204 [Renumbered as5165.04] Assessment to determine level of care.
Renumbered as § 5165.04 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.21 [Renumbered as5165.06] Paying reasonable costs of services provided by eligible facility.
Renumbered as § 5165.06 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.212 [Renumbered as5165.35] Payments made to facility for services provided after involuntary termination.
Renumbered as § 5165.35 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.22 [Renumbered as5165.07] Provider agreement requirements.
Renumbered as § 5165.07 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.221 [Renumbered as5165.37] Calculating rates and making payments.
Renumbered as § 5165.37 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.222 [Renumbered as5165.15] Calculation of payments to nursing facility providers; quality bonus.
Renumbered as § 5165.15 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.223 [Renumbered as5165.071] Facility operator may contract with more than one provider.
Renumbered as § 5165.071 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.224 [Renumbered as5124.15] Amount of payments to intermediate care facility pursuant to provider agreement.
Renumbered as § 5124.15 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.225 [Renumbered as5165.155] Amount of payments for dual eligible individuals.
Renumbered as § 5165.155 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.226 [Renumbered as5124.02] Assumption of powers and duties regarding medicaid program's coverage of services provided by intermediate care facilities.
Renumbered as § 5124.02 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.23 [Renumbered as5124.19] Paying per resident per day rate for direct care costs.
Renumbered as § 5124.19 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.231 [Renumbered as5165.19] Per resident per day rate for direct care costs.
Renumbered as § 5165.19 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.232 [Renumbered as5165.192] Case-mix scores for nursing facilities.
Renumbered as § 5165.192 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.233 [Renumbered as5124.194] Day programming.
Renumbered as § 5124.194 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.235 [Renumbered as5124.23] Per resident per day rate for other protected costs.
Renumbered as § 5124.23 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.24 [Renumbered as5165.16] Per resident per day rate for ancillary and support costs.
Renumbered as § 5165.16 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.241 [Renumbered as5124.21] Per resident per day rate for indirect care costs - intermediate care facility.
Renumbered as § 5124.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.242 [Renumbered as5165.21] Per resident per day rate for tax costs.
Renumbered as § 5165.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 7/1/2012.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/1/2009, op. 7/17/2009.
5111.244 [Renumbered as5165.25] Quality incentive payments for qualifying nursing facilities.
Renumbered as § 5165.25 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.245 [Renumbered as5165.26] Payment of quality bonus.
Renumbered as § 5165.26 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.246 [Renumbered as5165.23] Critical access incentive payments to qualified facilities.
Renumbered as § 5165.23 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.25 [Renumbered as5165.17] Per resident per day rate for reasonable capital costs.
Renumbered as § 5165.17 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.251 [Renumbered as5124.17] Per resident per day rate for reasonable capital costs - intermediate care facility.
Renumbered as § 5124.17 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.252 Amended and Renumbered RC 5123.199.
5111.254 [Renumbered as5165.151] Initial rates for nursing facility with first licensure date after June 30, 2006.
Renumbered as § 5165.151 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.255 [Renumbered as5124.151] Initial rates for intermediate care facility.
Renumbered as § 5124.151 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.257 [Renumbered as5165.28] Rate for added, replaced, or renovated beds.
Renumbered as § 5165.28 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.258 [Renumbered as5165.153] Calculating prospective rates for facilities with residents whose care costs are not otherwise adequately measured.
Renumbered as § 5165.153 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.259 [Renumbered as5165.156] Centers of excellence component.
Renumbered as § 5165.156 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.26 [Renumbered as5165.10] Annual cost report.
Renumbered as § 5165.10 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.261 [Renumbered as5165.107] Amendments to cost reports.
Renumbered as § 5165.107 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.262 [Renumbered as5165.47] Claim for medicaid reimbursement for service provided to nursing facility resident.
Renumbered as § 5165.47 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.263 [Renumbered as5124.29] Limiting compensation of owners, their relatives, administrators, and resident meals outside facility.
Renumbered as § 5124.29 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.264 [Renumbered as5165.30] Related party costs to pass through.
Renumbered as § 5165.30 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.265 [Renumbered as5165.29] Cost of operating rights for relocated beds not allowable cost.
Renumbered as § 5165.29 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.266 [Renumbered as5165.101] Cost of franchise permit fee not reimbursable expense.
Renumbered as § 5165.101 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.27 [Renumbered as5165.108] Desk review of cost report.
Renumbered as § 5165.108 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.271 [Renumbered as5165.1010] Nursing facility fines.
Renumbered as § 5165.1010 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.28 [Renumbered as5165.40] Refund of certain payments by operators.
Renumbered as § 5165.40 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.29 [Renumbered as5165.38] Reconsideration of rate.
Renumbered as § 5165.38 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.291 [Renumbered as5124.154] Computing rate for intermediate care facilities.
Renumbered as § 5124.154 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.30 [Renumbered as5165.073] Termination for non-compliance with installation of fire extinguishing and fire alarm systems.
Renumbered as § 5165.073 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.31 [Renumbered as5165.08] Provider agreement to prohibit certain discriminatory actions.
Renumbered as § 5165.08 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.32 [Renumbered as5165.081] Action against facility for breach of provider agreement or other duties.
Renumbered as § 5165.081 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.33 [Renumbered as5124.34] Reserving bed during temporary absence of resident.
Renumbered as § 5124.34 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.331 [Renumbered as5165.34] Payments made to reserve bed during temporary absence.
Renumbered as § 5165.34 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Repealed by 129th General AssemblyFile No.28, HB 153, §105.01, eff. 9/29/2011.
5111.35 [Renumbered as5165.60] Nursing facility deficiency definitions.
Renumbered as § 5165.60 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.36 [Renumbered as5165.61] Adoption of rules.
Renumbered as § 5165.61 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.37 [Renumbered as5165.62] Enforcement of rules.
Renumbered as § 5165.62 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.38 [Renumbered as5165.63] Contracts with state agencies for enforcement.
Renumbered as § 5165.63 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.39 [Renumbered as5165.64] Annual standard surveys.
Renumbered as § 5165.64 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.40 [Renumbered as5165.65] Exit interview with administrator.
Renumbered as § 5165.65 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.41 [Renumbered as5165.66] Citations for failure to comply with one or more certification requirements.
Renumbered as § 5165.66 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.411 [Renumbered as5165.67] Survey results.
Renumbered as § 5165.67 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.42 [Renumbered as5165.68] Statement of deficiencies.
Renumbered as § 5165.68 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.43 [Renumbered as5165.69] Plan of correction.
Renumbered as § 5165.69 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.44 [Renumbered as5165.70] On-site monitoring.
Renumbered as § 5165.70 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.45 [Renumbered as5165.71] Deficiencies not substantially corrected.
Renumbered as § 5165.71 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.46 [Renumbered as5165.72] Uncorrected deficiencies constituting severity level four findings.
Renumbered as § 5165.72 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.47 [Renumbered as5165.73] Uncorrected deficiencies constituting severity level three and scope level three or four findings.
Renumbered as § 5165.73 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.48 [Renumbered as5165.74] Uncorrected deficiencies constituting severity level one or two or severity level three, scope level two finding.
Renumbered as § 5165.74 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.49 [Renumbered as5165.75] Imposing remedies and fines.
Renumbered as § 5165.75 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.50 [Renumbered as5165.76] Fine collected if termination order does not take effect.
Renumbered as § 5165.76 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.51 [Renumbered as5165.77] Emergency remedies.
Renumbered as § 5165.77 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.511 [Renumbered as5165.78] Appointment of temporary resident safety assurance manager.
Renumbered as § 5165.78 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.52 [Renumbered as5165.79] Terminating provider agreements.
Renumbered as § 5165.79 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.53 [Renumbered as5165.80] Transfer of residents to other appropriate care settings.
Renumbered as § 5165.80 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.54 [Renumbered as5165.81] Qualifications of temporary manager of nursing facility.
Renumbered as § 5165.81 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.55 [Renumbered as5165.82] Residents to whom denial of medicaid payments applies.
Renumbered as § 5165.82 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.83 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.57 [Renumbered as5165.84] Order denying payment when deficiency is not corrected within time limits.
Renumbered as § 5165.84 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.58 [Renumbered as5165.85] Termination of participation for failure to correct deficiency within six months.
Renumbered as § 5165.85 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.59 [Renumbered as5165.86] Delivery of notices.
Renumbered as § 5165.86 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.87 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.88 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.62 [Renumbered as5162.66] Residents protection fund.
Renumbered as § 5162.66 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.63 [Renumbered as5165.89] Hearing on transfer or discharge of resident who medicaid or medicare beneficiary.
Renumbered as § 5165.89 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Repealed by 129th General AssemblyFile No.127, HB 487, §105.01, eff. 9/10/2012.
Amended by 128th General AssemblyFile No.33, HB 398, §1, eff. 8/31/2010.
5111.66 [Renumbered as5165.50] Notice of facility closure, termination, or withdrawal of participation.
Renumbered as § 5165.50 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.661 [Renumbered as5165.501] Compliance with Social Security Act required.
Renumbered as § 5165.501 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.67 [Renumbered as5165.51] Operator notice of intent to continue participation.
Renumbered as § 5165.51 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.671 [Renumbered as5165.511] Provider agreement with entering operator.
Renumbered as § 5165.511 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.672 [Renumbered as5165.512] Effective date of provider agreement with entering operator.
Renumbered as § 5165.512 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.673 [Renumbered as5165.513] Entering operator duties under provider agreement.
Renumbered as § 5165.513 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.674 [Renumbered as5165.514] Exiting operator deemed operator pending change.
Renumbered as § 5165.514 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.675 [Renumbered as5165.515] Provider agreement with operator not complying with prior agreement.
Renumbered as § 5165.515 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.676 [Renumbered as5165.516] Medicaid reimbursement adjustments - change of operator.
Renumbered as § 5165.516 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.677 [Renumbered as5165.517] Determination of change of operator - excluded factors.
Renumbered as § 5165.517 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.68 [Renumbered as5165.52] Overpayment amounts determined following notice of closure, etc.
Renumbered as § 5165.52 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.681 [Renumbered as5165.521] Withholding from medicaid payment due exiting operator.
Renumbered as § 5165.521 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.682 [Renumbered as5165.522] Cost report by exiting operator - waiver.
Renumbered as § 5165.522 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.683 [Renumbered as5165.523] Failure to file cost report - payments deemed overpayments.
Renumbered as § 5165.523 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.684 [Renumbered as5165.524] Final payment withheld pending receipt of cost reports.
Renumbered as § 5165.524 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.685 [Renumbered as5165.525] Determination of debt of exiting operator - summary report.
Renumbered as § 5165.525 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.686 [Renumbered as5165.526] Release of amount withheld less amounts owed.
Renumbered as § 5165.526 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.687 [Renumbered as5165.527] Release of amount withheld on postponement of change of operator.
Renumbered as § 5165.527 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.688 [Renumbered as5165.528] Disposition of amounts withheld from payment due an exiting operator.
Renumbered as § 5165.528 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.689 [Renumbered as5165.53] Adoption of rules.
Renumbered as § 5165.53 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.70 [Renumbered as5163.09] Medicaid buy-in for workers with disabilities program.
Renumbered as § 5163.09 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.701 [Renumbered as5163.091] Qualifications for assistance under program.
Renumbered as § 5163.091 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.702 [Renumbered as5163.092] Resource eligibility limit - annual adjustment.
Renumbered as § 5163.092 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.703 [Renumbered as5163.093] Individual income eligibility limit.
Renumbered as § 5163.093 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.704 [Renumbered as5163.094] Amount of annual individual premium.
Renumbered as § 5163.094 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.705 [Renumbered as5163.095] Eligibility not denied due to RC 5111.851 services.
Renumbered as § 5163.095 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.706 [Renumbered as5163.096] Continued participation where employment ceases.
Renumbered as § 5163.096 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.707 [Renumbered as5163.097] Director to make federally required amendments.
Renumbered as § 5163.097 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.708 [Renumbered as5163.098] Program implementing rules - disregarded income.
Renumbered as § 5163.098 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.709 [Renumbered as5163.099] Medicaid buy-in advisory council.
Renumbered as § 5163.099 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Repealed by 129th General AssemblyFile No.39, SB 171, §2, eff. 6/30/2011.
5111.7011 [Renumbered as5163.0910] Annual program report - distribution - contents.
Renumbered as § 5163.0910 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.71 [Renumbered as5162.36] Plan amendment for medicaid school component.
Renumbered as § 5162.36 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.711 [Renumbered as5162.361] Claim by qualified medicaid school provider.
Renumbered as § 5162.361 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.712 [Renumbered as5162.362] Federal financial participation for medicaid school claims.
Renumbered as § 5162.362 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.713 [Renumbered as5162.363] Administration of medicaid school component.
Renumbered as § 5162.363 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.714 [Renumbered as5162.64] Medicaid school program administrative fund.
Renumbered as § 5162.64 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.715 [Renumbered as5162.364] Implementing rules for medicaid school component.
Renumbered as § 5162.364 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.81 Amended and Renumbered to RC 5111.085.
5111.83 [Renumbered as5162.30] Application for reimbursement under medicaid administrative claiming program.
Renumbered as § 5162.30 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.84 [Renumbered as5166.03] Notice of intent to request medicaid waiver.
Renumbered as § 5166.03 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.85 [Renumbered as5166.02] Medicaid waiver components.
Renumbered as § 5166.02 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.851 [Renumbered as5166.04] Home and community-based services medicaid waiver components.
Renumbered as § 5166.04 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.852 [Renumbered as5166.05] Review of plans of care and individual service plans.
Renumbered as § 5166.05 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.853 [Renumbered as5166.06] Agency records of costs of medicaid waiver components.
Renumbered as § 5166.06 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.854 [Renumbered as5166.07] Agency accountable for medicaid waiver components funds.
Renumbered as § 5166.07 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.855 [Renumbered as5166.08] Agency contracting for medicaid waiver components - assurance of compliance.
Renumbered as § 5166.08 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.856 [Renumbered as5166.10] Transfer of enrollee in one medicaid waiver component to another.
Renumbered as § 5166.10 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.86 [Renumbered as5166.11] Creation of medicaid home and community-based services programs to replace former programs.
Renumbered as § 5166.11 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.861 [Renumbered as5166.12] Ohio home care program .
Renumbered as § 5166.12 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.862 [Renumbered as5166.121] Home first component for the Ohio home care program.
Renumbered as § 5166.121 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.863 [Renumbered as5166.13] Ohio transitions II aging carve-out program.
Renumbered as § 5166.13 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.864 [Renumbered as5166.14] Unified long-term services and support medicaid waiver component.
Renumbered as § 5166.14 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.865 [Renumbered as5166.141] Home first component for unified long-term services and support medicaid waiver program.
Renumbered as § 5166.141 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.87 [Renumbered as5166.20] Medicaid waivers.
Renumbered as § 5166.20 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.871 [Renumbered as5166.21] Alternative to intermediate care facility for developmentally disabled.
Renumbered as § 5166.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.872 [Renumbered as5166.22] Allocating enrollment numbers to county board of developmental disabilities.
Renumbered as § 5166.22 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.873 [Renumbered as5166.23] Reimbursement for home and community-based services provided under component of the medicaid program.
Renumbered as § 5166.23 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.874 [Renumbered as5124.60] Conversion of beds to home and community-based services.
Renumbered as § 5124.60 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.875 [Renumbered as5124.61] Conversion of beds in acquired intermediate care facility.
Renumbered as § 5124.61 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.876 [Renumbered as5124.62] Request for federal approval of conversion of beds.
Renumbered as § 5124.62 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.877 [Renumbered as5124.63] Maximum number of beds approved.
Renumbered as § 5124.63 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.878 [Renumbered as5124.64] Maximum number of beds converted.
Renumbered as § 5124.64 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.879 [Renumbered as5124.65] Reconversion of beds to ICF/MR use.
Renumbered as § 5124.65 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.88 [Renumbered as5166.30] Federal medicaid waivers authorizing components covering home care attendant services.
Renumbered as § 5166.30 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.881 [Renumbered as5166.301] Home care attendant services providers.
Renumbered as § 5166.301 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.882 [Renumbered as5166.302] Continuing education requirements for home care attendants.
Renumbered as § 5166.302 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.883 [Renumbered as5166.303] Responsibilities of home care attendants.
Renumbered as § 5166.303 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.884 [Renumbered as5166.304] Nursing assistance by home care attendants.
Renumbered as § 5166.304 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.885 [Renumbered as5166.305] Nursing assistance by home care attendants - consent and authorization.
Renumbered as § 5166.305 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5166.306 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.887 [Renumbered as5166.307] Nursing assistance by home care attendants - written statement of authorization.
Renumbered as § 5166.307 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.888 [Renumbered as5166.308] Nursing assistance by home care attendants - unauthorized actions.
Renumbered as § 5166.308 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.889 [Renumbered as5166.309] Practice of nursing as registered nurse or licensed practical nurse not allowed by home care attendants.
Renumbered as § 5166.309 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.8810 [Renumbered as5166.3010] Authorized representative.
Renumbered as § 5166.3010 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Effective Date: 2008 HB562 06-24-2008.
5111.89 [Renumbered as173.54] Assisted living program.
Renumbered as § 173.54 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.891 [Renumbered as173.541] Eligibility for assisted living program.
Renumbered as § 173.541 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.892 [Renumbered as173.544] Eligibility requirements for state-funded component of assisted living program.
Renumbered as § 173.544 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.893 [Renumbered as173.547] Staff requirements for assisted living program facility.
Renumbered as § 173.547 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.894 [Renumbered as173.542] Home first component of the assisted living program.
Renumbered as § 173.542 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.90 [Renumbered as5162.32] Contracts with political subdivisions to pay nonfederal share.
Renumbered as § 5162.32 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.91 [Renumbered as5162.35] Contracts for administration of components.
Renumbered as § 5162.35 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.911 [Renumbered as5162.37] Contract approval required.
Renumbered as § 5162.37 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.912 [Renumbered as5162.371] Department of mental health payment of nonfederal share of medicaid payment.
Renumbered as § 5162.371 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.914 [Renumbered as5164.58] Agency action to recover overpayment to provider.
Renumbered as § 5164.58 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.915 [Renumbered as5162.11] Contract for data collection and warehouse functions assessment.
Renumbered as § 5162.11 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.92 [Renumbered as5162.40] Retaining or collecting percentage of federal financial participation.
Renumbered as § 5162.40 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.93 [Renumbered as5162.41] Retaining or collecting percentage of supplemental payment.
Renumbered as § 5162.41 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.94 [Renumbered as5162.54] Health care services administration fund.
Renumbered as § 5162.54 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.941 [Renumbered as5162.52] Health care/medicaid support and recoveries fund.
Renumbered as § 5162.52 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.943 [Renumbered as5162.50] Health care-federal fund.
Renumbered as § 5162.50 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.944 [Renumbered as5162.58] Integrated care delivery systems fund.
Renumbered as § 5162.58 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.945 [Renumbered as5162.56] Health care special activities fund.
Renumbered as § 5162.56 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.95 Amended and Renumbered RC 5111.033.
Effective Date: 2007 HB119 09-29-2007.
5111.96 [Renumbered as5164.90] Transition of medicaid recipients to community settings.
Renumbered as § 5164.90 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.97 [Renumbered as5166.35] Ohio access success project.
Renumbered as § 5166.35 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.98 [Renumbered as5162.031] Powers of director regarding Medicare Prescription Act of 2003.
Renumbered as § 5162.031 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
5111.981 [Renumbered as5164.91] Demonstration project to evaluate integration of care dual eligible individuals receive.
Renumbered as § 5164.91 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5167.21 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Renumbered as § 5165.99 by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.


On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge.
Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and David Llanes and Amanda Stokes, Assistant Attorneys General, Tallahassee, for Appellee.
After a night out at a local club, Timothy Anderson's girlfriend left in her car with some friends. Anderson took off after them in his truck, driving erratically at times and eventually hitting his girlfriend's car. Anderson was convicted of aggravated assault with a deadly weapon. His sole argument on appeal is that the jury should have been instructed on the lesser-included offense of reckless driving. Because the trial court did not err by declining to give the requested instruction, we affirm.
Anderson's defense at trial was that while he was admittedly driving recklessly, he did not intentionally hit his girlfriend's car. He argues that he was entitled to a jury instruction on reckless driving as a lesser-included offense because he did not possess the intent necessary to be convicted of aggravated assault or simple assault, on which the jury was instructed. Since this issue involves a question of law based upon undisputed facts, our standard of review is de novo. Khianthalat v. State, 974 So.2d 359, 360-61 (Fla. 2008).
A permissive lesser-included offense exists when "the two offenses appear to be separate on the face of the statutes, but the facts alleged in the accusatory pleadings are such that the lesser included offense cannot help but be perpetrated once the greater offense has been." Sanders v. State, 944 So.2d 203, 206 (Fla. 2006) (alterations omitted) (quoting State v. Weller, 590 So.2d 923, 925 n.2 (Fla. 1991)). Upon request, a trial judge is required to instruct the jury on a permissive lesser-included offense if two conditions are met: (1) the charging document alleges all the statutory elements of the lesser offense, and (2) there is some evidence presented at trial establishing each element of the requested lesser-included offense. State v. Knighton, 235 So.3d 312, 315 (Fla. 2018) (quoting Khianthalat, 974 So.2d at 361).
The offense of reckless driving involves driving a vehicle "in willful or wanton disregard for the safety of persons or property." § 316.192(1)(a), Fla. Stat. In this case, the information charging Anderson with aggravated assault with a deadly weapon alleged that he "did unlawfully and intentionally make an assault upon [his girlfriend] with a motor vehicle, a deadly weapon without intent to kill, contrary to Section 784.021(1)(a), Florida Statutes."
Noticeably absent from the information is an allegation that Anderson was driving the vehicle, an essential element of reckless driving. See State v. Lappin, 471 So.2d 182, 183 n.1 (Fla. 3d DCA 1985) (noting that first element of reckless driving is "1. driving a vehicle"). Anderson nevertheless contends that all the statutory elements of reckless driving are subsumed in the aggravated assault charge because it is not possible to commit aggravated assault with a motor vehicle without driving the vehicle. For support, he relies primarily on Piggott v. State, 140 So.3d 666, 669 (Fla. 4th DCA 2014), which held that reckless driving is a permissive lesser-included offense of aggravated battery with a deadly weapon when the weapon is a motor vehicle.
The information in Piggott charged the defendant with striking the victim "with a deadly weapon, to wit: a Kia Sephia four-door automobile." Id. The court concluded that the first condition of the test for a permissive lesser-included offense was met because the charging document alleged "all the statutory elements of reckless driving." On rehearing, and in response to the State's post-opinion argument that the information failed to include the element of driving, the court reasoned that "our interpretation of the information, when viewed at the time of the charge conference, cannot ignore the undisputed evidence that the defendant was driving the automobile which is alleged to have been the instrument of the alleged aggravated battery with a deadly weapon upon the victim." Id. at 671 n.1.
We disagree with the analysis of Piggott and conclude that the first condition of the test for a permissive lesser-included offense is not met in this case as the facts alleged in the information are not "such that the lesser included offense cannot help but be perpetrated once the greater offense has been." Anderson v. State, 70 So.3d 611, 613 (Fla. 1st DCA 2011) (alteration omitted) (quoting Williams v. State, 957 So.2d 595, 598 (Fla. 2007)).
It is not enough that there was undisputed evidence at trial that Anderson was driving his truck at the time of the assault. The first step in the analysis asks only whether the charging document alleges all the statutory elements of the lesser offense, without consideration of the evidence presented at trial. See Wright v. State, 983 So.2d 6, 9 (Fla. 1st DCA 2007). Therefore, in Wright, we held that a defendant convicted of grand theft auto was not entitled to an instruction on the lesser charge of trespass in a conveyance. Id. The evidence showed the defendant committed the grand theft by driving off in a BMW, but the information did not specifically allege the defendant entered the vehicle, an essential element of trespass. Id. It did not matter that the State had proven entry; the information controlled. Id.
Our decision in Wright was no outlier. In Phillips v. State, 874 So.2d 705, 706 (Fla. 1st DCA 2004), the defendant was convicted of aggravated battery with a deadly weapon, after the evidence established that he stabbed two men with a knife. On appeal, the defendant insisted the trial court should have instructed the jury on the lesser offense of improper exhibition of a deadly weapon. Id. at 707. We rejected that contention, precisely because an element of the latter offense-that the defendant "exhibited his knife 'in a rude, careless, angry or threatening manner'"-was not charged in the information. Id. (quoting statute). Similarly, in Stewart v. State, 790 So.2d 440, 440 (Fla. 1st DCA 2000), a defendant convicted of armed robbery argued he was entitled to an instruction on resisting a merchant. Id. We rejected that argument because, again, "[t]he elements of such offense were not specifically alleged in the information." Id.


text:
This notice (hereinafter the "Notice") is intended for all users of the www.janetandjanet.com site (hereinafter the "Website") of A&G CALZATURIFICIO SpA (hereinafter the "Company") and services related to it.
The validity and effectiveness of this information is limited to the Company's Website. Should the user consult one or more websites other than the Website, through one or more links contained on the Website, the Company will not be liable in any way for the processing of user data made by the data controllers of such websites. In this case, the user, in order to know the conditions of processing of their data and the procedures for the exercise of their rights, must exclusively refer to any notice on these websites.
The notice is also based on Recommendation No. 2/2001 of European authorities for the protection of personal data, gathered in the Group established by Art. 29 of Directive 95/46/EC, adopted on 17 May 2001 to identify certain minimum requirements for the collection of personal data online, and, in particular, the methods, timing, and nature of the notice that the data controllers must provide to the users when they connect to web pages, regardless of the purpose of the link.
For specific functions or services available through the Website (for example, but not limited to, requests for information or contacts, registration to the Website mailing-list, e-commerce, etc.), specific notice mat be found on the respective pages of the Website.
1. Following consultation of this website, data identifying the user may be processed. For the purposes referred to in the paragraph "Purpose of the Processing", the data controller is the Company, namely A & G CALZATURIFICIO SpA, a company incorporated under Italian law with registered office in Via A. Merloni 20, 60030 Serra de’ Conti (AN), Italy, registered in the Register of Companies of the Ancona Chamber of Commerce under No. 00101050425 (VAT number), Share capital € 1,512,000.00, Economic and Administrative Register No. 86314.
2. Pursuant to Art. 28 of the Regulations, the Company legally appoints as data supervisors those who perform data processing on its behalf, in particular the IT company responsible for website maintenance.
1. The processing of data related to the consultation of the Website and the use of the related services take place at the Company and are only handled by the technical staff in charge of the processing. If necessary, the data may be processed by staff specifically appointed by the processing company at its headquarters. In any case, the data will be processed in (physical and virtual) environments whose access is under constant control.
1. Browsing data: the Company allows simple browsing on the Website without the need for personal data. In this case, the computer systems and software procedures used to operate this website are limited to acquiring, during their normal operation, some data whose transmission is implicit in the use of internet communication protocols. This is information that is not collected to be associated with identified interested parties, but that due to its very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users who connect to the website, the addresses in URI notation ("Uniform Resource Identifier") of the requested resources, the time of the request, the method used in the submit the request to the server, the file size obtained in response, the numerical code indicating the status of the response given by the server (success, errors, etc.) and other parameters related to the operating system and the user's computer environment. Purpose of the processing: these data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning and are deleted immediately after processing. The data could be used to determine responsibility in the event of computer crimes to the detriment of the site: apart from this possibility, the data on website contacts are not stored for more than fifteen days.
2. E-shop registration data: in case of registration to the E-shop by the user, the latter is required to provide free and voluntary transmission of personal data that will be processed only with the prior, voluntary, free, and express consent of the user. Purpose of the processing: these data will be processed for the sole purpose of allowing the user access to the services reserved for registered users, including the online purchase service, the management of their credentials, and to allow the Company to fulfil the related legal obligations.
c) using only the email address provided by the user during the online purchase of a product, suggest to that user the direct purchase of similar products (soft spamming), unless they should oppose this processing.
Also, during online purchase, some browsing data may be recorded (for example the IP address from which the transaction originated, the time of the request, the user's browser, etc.) for the assessment of liability in the case of computer crimes by and on the initiative of the competent judicial authority.
4. Newsletter registration data or data otherwise provided by the user: the data voluntarily and freely provided by the user through subscription to the newsletter or spontaneous sending of email, will be processed only after prior, voluntary, free, and express consent of the user. Purpose of the processing: such data will be processed to allow the Company to communicate offers of promotions, discounts, benefits, and other services, as well as the sending of commercial or promotional information, and free products, participation in events, performance of market research, and reporting of other Company initiatives.
Note: all the aforementioned data, except those referred to in Article 3.1, may be processed for statistical or historical purposes.
1. The provision of data for the purposes referred to in paragraphs 2, 3 and 4 of the previous Art. 3 is voluntary and free. In particular: on the processing of data referred to in paragraph 2 of the previous Article 3: it is necessary to allow registration to the E-shop and access to other services reserved for registered users, including the e--commerce service. Any refusal to provide such data or the lack of consent to its processing for the respective purposes will make it impossible to register with the E-shop and make purchases online through it; regarding the processing of personal data referred to in point 3, letter "a" of the previous Article 3, other than those already provided at the time of registration: it is necessary to complete an online purchase transaction and refine the purchase. Any refusal to provide such data or the lack of consent to the processing of the same for the respective purposes will make it impossible to make the purchase online. On the processing of personal data referred to in points 3, letters "b" and "c" and No. 4 of the previous Art. 3: provided that these data are necessary for marketing or user profiling activities, any refusal to provide such data or the lack of consent to processing it for the respective purposes: it will not have any consequence on the possibility of registration with the E-shop and/or to purchase online the products of the E-shop; it will prevent the Company from sending and the user from receiving informational and advertising material, brochures, informational communications related to its own and third party products and services, as well as promotions, discounts, special terms, and other services, commercial or promotional information, free products, and invitations to events; it will make it impossible for the Company to carry out market research and the reporting of all the special initiatives concerning its own or third party products, as well as the impossibility of proceeding with user profiling. The consent given by the user to the processing of personal data for one or more of the purposes referred to in Art. 3.4. above may be revoked at any time by managing the user's registration credentials or by contacting the Company or the Data Supervisor at the addresses referred to in the previous Article 1 (Data Controller and Data Supervisor) or, limited to the processing related to emailing informational advertising material, brochures, and informational communications by clicking on "I do not wish to receive other communications" at the bottom of each communication containing advertising information.
1. Without prejudice to the provisions of Art. 2, processing will be carried out with the aid of electronic, online, and paper instruments. This processing will be based on principles of correctness, lawfulness, and transparency and protection of the user's rights in accordance with the European Regulation. The data will be processed in such a way as to minimise the risks of destruction, loss, unauthorised access, or processing not allowed or not in accordance with the purposes of the collection. All information and methods of processing will be relevant and not excessive compared to the services rendered to the user.
1. User data will not be disclosed, except in an anonymous form and for exclusive statistical or research purposes.
2. The data provided by the user, with prior consent, for the purposes referred to in Article 3 above, will be accessible to the staff in charge of data processing of the Company or the Data Supervisor, solely and exclusively to fulfil the aforementioned purposes and to ensure constant accuracy and any update.
3. The parties who will be entrusted with the maintenance or development of the IT system for the time strictly necessary for the execution of this service or those authorised to access it according to the law or by virtue of provisions issued by the competent Authority will also be able to access it.
1. The data will be kept by the Company for the period strictly necessary to guarantee the correct provision of the services requested by the user, without prejudice to the need for storage for a longer period in compliance with the applicable legislation. In any case, the user will have the possibility of revoking consent to the processing of data for marketing purposes at any time: in any commercial communication there will be a section that will allow you to easily revoke your consent.
2. In any case, the duration of the processing related to point 4 of the purposes (newsletter) will be 2 years.
1. Pursuant to European regulation 679/2016, any user has the right to request access to their personal data, correction, deletion, limitation, or objection to the processing, as well as the portability of data pursuant to Articles 15 to 21 of EU Regulation 679/2016.
2. Each user may also revoke the consent to the processing (for the processing provided for in points 2 and 4 of the purposes), without affecting the processing carried out before the aforementioned revocation.
3. If they consider that the processing of data concerning them is in violation of Regulation 679/2016, each user may file a complaint to the Italian Data Protection Authority for the protection of personal data.
4. For the purposes of exercising the rights of the data subject, the user may send all their requests: via email at customercare@janetandjanet.com; by fax to the number 0731-870927; by registered mail or courier at A&G Calzaturificio SpA, Janet & Janet Customer Care, Via A. Merloni 20, 60030 Serra de’ Conti (AN), Italy.
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2. To prevent the transmission and storage of data related to browsing through the aforementioned social media, the user must disconnect from them before visiting our website.
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1. The Company may use, for direct sales of its products or services, the email address provided by the user on the occasion during online purchases of an E-shop product, even without its prior consent, on the basis of Art. 130, fourth paragraph of the Personal Data Protection Code, provided that these are products similar to those covered by the sale (soft spamming). The user may in any case refuse this processing at any time in the manner indicated in the previous Article 8.

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Art. 130