Ohio Admin. Code 5160:1-5-06 - Medicaid: non-citizen emergency medical assistance (NCEMA)

(A) This In accordance with 42 U.S.C. 1396b(v), this rule describes eligibility criteria for coverage of the treatment of an emergency medical condition for certain individuals who do not meet the medicaid citizenship or satisfactory immigration status requirements described in rule 5160:1-2-11 or 5160:1-2-12 of the Administrative Code.
(B) Definition. "Emergency medical condition,", for the purposes purpose of this rule, means a medical condition with a sudden onset:
(1) Manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in:
(a) Placing the patient's health in serious jeopardy; or
(b) Serious impairment to bodily functions; or
(c) Serious dysfunction of any bodily organ or part; .
(2) Including labor and delivery, but .
(3) Not including either:
(a) Routine prenatal or postpartum care, ; or
(b) Care and services related to an organ transplant procedure.
(C) Eligibility criteria. The individual must:

(1) Have received treatment for an emergency medical condition.

(2)(1) Submit an application for medical assistance for the dates of a particular emergency medical episode.
(a) Once approved for NCEMA, the eligibility span shall remain open for twelve months beginning with the month of application.
(b) Only emergency medical condition episodes will be eligible for payment of services.
(c) A new application is not needed for subsequent emergency medical condition episodes during the twelve-month span; however, the individual is responsible for reporting all emergency medical condition episodes to the administrative agency when they occur.
(3)(2) Meet eligibility criteria for a category of medicaid, except that the individual:
(a) Does not meet the medicaid citizenship or non-citizen satisfactory immigration status requirements set forth in rules 5160:1-2-11 and 5160:1-2-12 of the Administrative Code. The individual is not required to verify the individual's:
(i) Social security number, ; or
(ii) Citizenship United States (U.S.) citizenship or immigration status.
(b) Is not required to apply for social security administration (SSA) benefits. If the individual is otherwise eligible for a category of medicaid that requires a disability determination, the administrative agency shall submit a disability determination packet to the disability determination area (DDA) in accordance with rule 5160:1-3-02.9 of the Administrative Code.
(D) Eligibility span. Coverage for payment of NCEMA services for an individual who meets the criteria identified in paragraph (C) of this rule: .
(1) Payment of services for an episode other than routine labor and delivery:
(1)(a) Begins on the day on which the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part, ; and
(2)(b) Ends on the day on which the absence of immediate medical attention could no longer reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The emergency medical condition episode:

(a) Includes labor and delivery, but

(b) Does not include ongoing treatment.

(2) Payment of services for routine labor and delivery:
(a) Begins on the date of admission for labor; and
(b) Ends at midnight on the day in which one of the following time periods falls:
(i) A maximum of two days (forty-eight hours) following a vaginal delivery; or
(ii) A maximum of four days (ninety-six hours) following a caesarean section delivery.
(E) Administrative agency responsibilities. The administrative agency shall:
(1) Determine the eligibility payment coverage span for routine labor and delivery without submitting medical documentation to the disability determination area ( DDA) for a determination, and enter it the payment coverage dates as described in paragraph (D)(2) of this rule into the electronic eligibility system. in accordance with the following policy:

(a) The eligibility span begins on the date of admission for labor, and ends at midnight of the day in which one of the following time periods falls:

(i) A maximum of two days (forty-eight hours) following a vaginal delivery; and

(ii) A maximum of four days (ninety-six hours) following a caesarian section delivery.

(b) The time period beginning on the date of admission for labor and ending on the date of delivery shall not exceed two days (forty-eight hours).

(2) Submit medical documentation to the DDA for a determination of the covered dates of service when: the time period for labor and delivery exceeds the time frames described in paragraph (D)(2) of this rule.

(a) The time period beginning on the date of admission for labor and ending on the date of delivery is greater than two days (forty-eight hours); or

(b) The labor and delivery episode from admission through discharge exceeds the timeframes described in paragraph (E)(1)(a) of this rule.

(3) Submit medical documentation to the DDA For for emergency medical conditions other than routine labor and delivery as described in paragraph (E)(1) of this rule, and enter the eligibility span determined by the DDA into the electronic eligibility system.
(4) Upon request, assist the individual in with obtaining medical documentation to support the AEMA NCEMA claim.
(5) Upon notification of an individual's subsequent emergency medical condition episode during his or her twelve-month eligibility period, obtain medical documentation to determine the new NCEMA payment coverage span and submit to DDA in accordance with paragraphs (E)(2) and (E)(3) of this rule.
(F) Disability determination area (DDA) DDA responsibilities. The DDA shall:
(1) Make all emergency medical condition determinations except for routine labor and delivery cases episodes , as described in paragraph (E)(1) (D)(2) of this rule.
(2) Determine if whether the individual received treatment for an emergency medical condition.
(3) Determine the eligibility payment coverage span for the each emergency medical condition episode.
(4) Notify the administrative agency of the AEMA NCEMA determination and the eligibility payment coverage span via the electronic eligibility system.

Notes

Ohio Admin. Code 5160:1-5-06
Effective: 12/1/2023
Five Year Review (FYR) Dates: 9/6/2023 and 12/01/2028
Promulgated Under: 111.15
Statutory Authority: 5162.031, 5163.02
Rule Amplifies: 5163.02
Prior Effective Dates: 01/01/2014, 08/01/2016

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