(A) When the medicaid director is authorized by a statute to adopt a rule, the director shall adopt the rule in accordance with the following:
(1) Chapter 119. of the Revised Code if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with Chapter 119. of the Revised Code.
(b) Unless division (A)(2)(b) of this section applies, the statute authorizing the rule does not specify the procedure for the rule's adoption.
(2) Section 111.15 of the Revised Code, excluding divisions (D) and (E) of that section, if either of the following applies:
(a) The statute authorizing the rule requires that the rule be adopted in accordance with section 111.15 of the Revised Code and, by the terms of division (D) of that section, division (D) of that section does not apply to the rule.
(b) The statute authorizing the rule does not specify the procedure for the rule's adoption and the rule concerns the day-to-day staff procedures and operations of the department of medicaid or financial and operational matters between the department and a person or government entity receiving a grant from the department.
(3) Section 111.15 of the Revised Code, including divisions (D) and (E) of that section, if the statute authorizing the rule requires that the rule be adopted in accordance with that section and the rule is not exempt from the application of division (D) of that section.
(B) Except as otherwise required by a statute, the adoption of a rule in accordance with Chapter 119. of the Revised Code does not make the department of medicaid subject to the notice, hearing, or other requirements of sections 119.06 to 119.13 of the Revised Code.
Added by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
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