Bill Text: OH HB208 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require the Medicaid Director to implement certain reforms to the Medicaid program, to require the Director of Job and Family Services to implement certain reforms to workforce development activities, to create the Joint Medicaid Oversight Committee to review proposed rules regarding the Medicaid and workforce development activity reforms, to require the Joint Medicaid Oversight Committee to issue reports recommending certain changes to the Medicaid program, and to abolish the Joint Legislative Committee on Health Care Oversight and the Joint Legislative Committee on Medicaid Technology and Reform.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-06-13 - To Finance and Appropriations [HB208 Detail]

Download: Ohio-2013-HB208-Introduced.html

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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 

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A BILL

To amend section 119.03, to enact sections 103.41,

1

103.411, 103.412, 5162.70, and 6301.15, and to

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repeal sections 101.39 and 101.391 of the Revised

3

Code to require the Medicaid Director to implement

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certain reforms to the Medicaid program, to

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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

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Medicaid and workforce development activity

10

reforms, to require the Joint Medicaid Oversight

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Committee to issue reports recommending certain

12

changes to the Medicaid program, and to abolish

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the Joint Legislative Committee on Health Care

14

Oversight and the Joint Legislative Committee on

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Medicaid Technology and Reform.

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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