SB 315 — Enact the Enhanced Cybersecurity for SNAP Act

117.10.

(A) The auditor of state shall audit all public offices as provided in this chapter.

The auditor of state also may audit the specific funds or accounts of private institutions, associations, boards, and corporations into which has been placed or deposited public money from a public office and may require of them annual reports in such form as the auditor of state prescribes.

The auditor of state may audit some or all of the other funds or accounts of a private institution, association, board, or corporation that has received public money from a public office only if one or more of the following applies:

(1) The audit is specifically required or authorized by the Revised Code;

(2) The private institution, association, board, or corporation requests that the auditor of state audit some or all of its other funds or accounts;

(3) All of the revenue of the private institution, association, board, or corporation is composed of public money;

(4) The private institution, association, board, or corporation failed to separately and independently account for the public money in its possession, in violation of section 117.431 of the Revised Code;

(5) The auditor of state has a reasonable belief that the private institution, association, board, or corporation illegally expended, converted, misappropriated, or otherwise cannot account for the public money it received from a public office and that it is necessary to audit its other funds or accounts to make that determination.

(B) If the auditor of state performs or contracts for the performance of an audit, including a special audit, of the public employees retirement system, school employees retirement system, state teachers retirement system, state highway patrol retirement system, or Ohio police and fire pension fund, the auditor of state shall make a timely report of the results of the audit to the Ohio retirement study council.

(C) The auditor of state may audit the accounts of any medicaid provider, as defined in section 5164.01 of the Revised Code.

(D) If a public office has been audited by an agency of the United States government, the Sub.

315 Page136th 3G.A. As Passed by the Senate Director of Budget and Management shall establish accounts 34 indicating the source and amount of funds for each appropriation 35 made in this act, and shall determine the manner in which 36 appropriation accounts shall be maintained.

Expendituresauditor fromof 37state operatingmay, appropriationsif containedsatisfied inthat thisthe actfederal shallaudit behas 38been accountedconducted foraccording asto thoughprinciples madeand in,procedures not contrary to those of the auditor of state, use and areadopt subjectthe tofederal allaudit 39and applicablereport provisionsin of,lieu H.B.of an audit by the auditor of state's own office.

96(E) Within thirty days after the creation or dissolution or the winding up of the 136thaffairs Generalof Assembly.any public office, that public office shall notify the auditor of state in writing that this action has occurred.

40(F) SectionThe 4.auditor of state may issue subpoenas compelling the production of books, records, accounts, documents, electronically-stored information, testimony, or other information relevant to any audit, examination, special audit, investigation, or review within the authority of the auditor of state under this chapter.

ThisUpon actrequest shallof bethe knownauditor asof state, the Enhancedattorney 41general Cybersecurityshall forbring SNAPan Act.action in a court of competent jurisdiction to enforce compliance with any subpoena issued pursuant to this section.

42(G) Nothing in this section precludes the auditor of state from issuing to a private institution, association, board, or corporation a subpoena and compulsory process for the attendance of witnesses or the production of records under section 117.18 of the Revised Code if the subpoena and compulsory process is in furtherance of an audit the auditor of state is authorized by law to perform.

Sec.

2903.216.

(A) As used in this section:

(1) "Business entity" means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state.

(2) "Business of private investigation" and "private investigator" have the same meanings as in section 4749.01 of the Revised Code.

(3) "Disabled adult" and "elderly person" have the same meanings as in section 2913.01 of the Revised Code.

(4) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of the Revised Code.

(5) "Law enforcement agency" means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency.

(6) "Person" means an individual, but does not include a business entity.

(7) "Ohio protection order" means a protection order filed or issued or a consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code, a protection order filed or issued pursuant to section 2151.34, 2903.213, or 2903.214 of the Revised Code, or a no contact order issued as any of the following:

(a) As part of a person's sentence under a community control sanction imposed under section 2929.16, 2929.17, 2929.26, or 2929.27 of the Revised Code;

(b) As a term or condition of a person's release under section 2929.20 of the Revised Code;

(c) As a post-release control sanction imposed as a condition of a person's post-release control under section 2967.28 of the Revised Code;

(d) As a term of supervision for a person transferred to transitional control under section Sub.

S.

B.

No.

315 136th G.A.

2967.26 of the Revised Code;

(e) As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under section 2951.041 of the Revised Code.

(8) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.

(9) "Tracking application" means any software program that permits a person to remotely determine or track the position or movement of another person or another person's property.

(10) "Tracking device" means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person's property, including an electronic monitoring device.

(B) Except as otherwise provided in division (D) of this section, no person shall knowingly do either of the following:

(1) Install a tracking device or tracking application on another person's property without the other person's consent or cause a tracking device or tracking application to track the position or movement of another person or another person's property without the other person's consent;

(2) If the person installed a tracking device or tracking application on another's property with the other person's consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent.

(C)(1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person's property, it is presumed that the consenting person has revoked that consent if any of the following applies:

(a) The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other.

Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application.

If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing.

(b) The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person.

Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application.

If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person's person or the person's Sub.

S.

B.

No.

315 136th G.A.

property and cannot uninstall or discontinue its use without violating the Ohio protection order.

(2) Revocation of consent under this division is effective upon the service of the petition or motion or an Ohio protection order.

(D) This section does not apply to any of the following:

(1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person's property or causes a tracking device or tracking application to track the position or movement of another person or another person's property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer's or employee's official duties;

(2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies:

(a) The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application;

(b) The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child;

(c) The parent or legal guardian of the child has sole custody of the child;

(d) The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application;

(e) The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent's parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent's parenting or custodial time.

(3) A caregiver of an elderly person or disabled adult, if the elderly person's or disabled adult's treating physician certifies that the installation of a tracking device or tracking application onto the elderly person's or disabled adult's property is necessary to ensure the safety of the elderly person or disabled adult;

(4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person;

(5)(a) A private investigator or other person licensed under section 4749.03 of the Revised Code, who is acting in the normal course of the investigator's business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with Sub.

S.

B.

No.

315 136th G.A.

reference to any of the following:

(i) Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity;

(ii) Locating an individual known to be a fugitive from justice;

(iii) Locating lost or stolen property or other assets that have been awarded by the court;

(iv) Investigating claims related to workers' compensation.

(b) This division does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator's services to aid in the commission of a crime.

(6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies:

(a) The tracking device or tracking application is removed before the vehicle's title is transferred or the vehicle's lease expires;

(b) The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application;

(c) The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle.

(7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order;

(8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R.

part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft;

(9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person's property or causes a tracking device or tracking application to track the position or movement of another person or another person's property as part of the surety bail bond agent's, employee's, or contractor's official responsibilities or duties;

(10) The use of location verification technology by the department of medicaid, a medicaid provider, a provider's employee or contractor, or an electronic visit verification vendor when the technology is used solely to comply with electronic visit verification requirements under state or federal law including all of the following, provided that verification technology is not used for continuous tracking outside of the delivery of medicaid-covered services:

(a) Verification of the beginning or ending of a medicaid-covered service;

Sub.

S.

B.

No.

315 136th G.A.

(b) Validating a claim for medicaid payment;

(c) Support for integrity of the medicaid program including audit, investigation, payment, or recovery activities.

(E) For purposes of division (D)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer's or employee's duties if both of the following apply:

(1) The court or the department of rehabilitation and correction imposes electronic monitoring on a person.

(2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court's or department's imposition of electronic monitoring of that person.

(F) Whoever violates this section is guilty of illegal use of a tracking device or application.

(1) Except as otherwise provided in division (F)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree.

(2) Illegal use of a tracking device or application is a felony of the fourth degree if any of the following applies:

(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.211 of the Revised Code.

(b) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.

(c) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.

(d) The offender has a history of violence toward the victim or a history of other violent acts towards the victim.

Sec.

2913.40.

(A) As used in this section:

(1) "Statement or representation" means any oral, written, electronic, electronic impulse, or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the medicaid program.

(2) "Provider" means any person who has signed a provider agreement with the department of medicaid to provide goods or services pursuant to the medicaid program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program.

(3) "Provider agreement" has the same meaning as in section 5164.01 of the Revised Code.

(4) "Recipient" means any individual who receives goods or services from a provider under Sub.

S.

B.

No.

315 136th G.A.

the medicaid program.

(5) "Records" means any medical, professional, financial, or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient and any records that are required by the rules of the medicaid director to be kept for the medicaid program.

(6) "Presumption that a prison term shall be imposed" means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code.

(B) No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the medicaid program.

(C) No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:

(1) Contrary to the terms of the person's provider agreement, charge, solicit, accept, or receive for goods or services that the person provides under the medicaid program any property, money, or other consideration in addition to the amount of reimbursement under the medicaid program and the person's provider agreement for the goods or services and any cost-sharing expenses authorized by section 5162.20 of the Revised Code or rules adopted by the medicaid director regarding the medicaid program.

(2) Solicit, offer, or receive any remuneration, other than any cost-sharing expenses authorized by section 5162.20 of the Revised Code or rules adopted by the medicaid director regarding the medicaid program, in cash or in kind, including, but not limited to, a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the medicaid program.

(D) No person, having submitted a claim for or provided goods or services under the medicaid program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the medicaid program:

(1) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person;

(2) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.

(E) Whoever violates this section is guilty of medicaid fraud.

Except as otherwise provided in this division, medicaid fraud is a misdemeanor of the first felony of the fifth degree and, notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of one thousand dollars.

If Sub.

S.

B.

No.

315 136th G.A.

(1) If the value of property, services, or funds obtained in violation of this section is one thousand dollars or more and is less than seven thousand five hundred dollars, medicaid fraud is a felony of the fifth fourth degree and, notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of five thousand dollars.

If (2) If the value of property, services, or funds obtained in violation of this section is seven thousand five hundred dollars or more and is less than one hundred fifty seventy-five thousand dollars, medicaid fraud is a felony of the fourth third degree and, notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of twenty-five thousand dollars.

If (3) If the value of the property, services, or funds obtained in violation of this section is one hundred fifty seventy-five thousand dollars or more and is less than one hundred fifty thousand dollars, medicaid fraud is a felony of the third degree and there is a presumption for a prison term.

Notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of seventy-five thousand dollars.

(4) If the value of the property, services, or funds obtained in violation of this section is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, medicaid fraud is a felony of the second degree and there is a presumption of a prison term.

Notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of one hundred fifty thousand dollars.

(5) If the value of the property or services stolen is seven hundred fifty thousand dollars or more, medicaid fraud is a felony of the first degree and there is a presumption of a prison term.

Notwithstanding section 2929.18 of the Revised Code, the court shall impose as the fine for the offense a fine of one hundred fifty thousand dollars.

(F) Upon application of the governmental agency, office, or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the medicaid program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case.

The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, section 5164.35 of the Revised Code, or any other provision of law.

(G) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.

Sec.

2923.31.

As used in sections 2923.31 to 2923.36 of the Revised Code:

(A) "Beneficial interest" means any of the following:

(1) The interest of a person as a beneficiary under a trust in which the trustee holds title to personal or real property;

(2) The interest of a person as a beneficiary under any other trust arrangement under which Sub.

S.

B.

No.

315 136th G.A.

any other person holds title to personal or real property for the benefit of such person;

(3) The interest of a person under any other form of express fiduciary arrangement under which any other person holds title to personal or real property for the benefit of such person.

"Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general or limited partnership.

(B) "Costs of investigation and prosecution" and "costs of investigation and litigation" mean all of the costs incurred by the state or a county or municipal corporation under sections 2923.31 to 2923.36 of the Revised Code in the prosecution and investigation of any criminal action or in the litigation and investigation of any civil action, and includes, but is not limited to, the costs of resources and personnel.

(C) "Enterprise" includes any individual, sole proprietorship, partnership, limited partnership, corporation, trust, union, government agency, or other legal entity, or any organization, association, or group of persons associated in fact although not a legal entity.

"Enterprise" includes illicit as well as licit enterprises.

(D) "Innocent person" includes any bona fide purchaser of property that is allegedly involved in a violation of section 2923.32 of the Revised Code, including any person who establishes a valid claim to or interest in the property in accordance with division (E) of section 2981.04 of the Revised Code, and any victim of an alleged violation of that section or of any underlying offense involved in an alleged violation of that section.

(E) "Pattern of corrupt activity" means two or more incidents of corrupt activity, whether or not there has been a prior conviction, that are related to the affairs of the same enterprise, are not isolated, and are not so closely related to each other and connected in time and place that they constitute a single event.

At least one of the incidents forming the pattern shall occur on or after January 1, 1986.

Unless any incident was an aggravated murder or murder, the last of the incidents forming the pattern shall occur within six years after the commission of any prior incident forming the pattern, excluding any period of imprisonment served by any person engaging in the corrupt activity.

For the purposes of the criminal penalties that may be imposed pursuant to section 2923.32 of the Revised Code, at least one of the incidents forming the pattern shall constitute a felony under the laws of this state in existence at the time it was committed or, if committed in violation of the laws of the United States or of any other state, shall constitute a felony under the law of the United States or the other state and would be a criminal offense under the law of this state if committed in this state.

(F) "Pecuniary value" means money, a negotiable instrument, a commercial interest, or anything of value, as defined in section 1.03 of the Revised Code, or any other property or service that has a value in excess of one hundred dollars.

(G) "Person" means any person, as defined in section 1.59 of the Revised Code, and any governmental officer, employee, or entity.

Sub.

S.

B.

No.

315 136th G.A.

(H) "Personal property" means any personal property, any interest in personal property, or any right, including, but not limited to, bank accounts, debts, corporate stocks, patents, or copyrights.

Personal property and any beneficial interest in personal property are deemed to be located where the trustee of the property, the personal property, or the instrument evidencing the right is located.

(I) "Corrupt activity" means engaging in, attempting to engage in, conspiring to engage in, or soliciting, coercing, or intimidating another person to engage in any of the following:

(1) Conduct defined as "racketeering activity" under the "Organized Crime Control Act of 1970," 84 Stat.

941, 18 U.S.C.

1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;

(2) Conduct constituting any of the following:

(a) A violation of section 1315.55, 1322.07, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32 as specified in division (I)(2)(g) of this section, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 2913.06, 2913.30, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17;

division (F)(1)(a), (b), or (c) of section 1315.53;

division (A)(1) or (2) of section 1707.042;

division (B), (C)(4), (D), (E), or (F) of section 1707.44;

division (A)(1) or (2) of section 2923.20;

division (E) or (G) of section 3772.99;

division (J)(1) of section 4712.02;

section 4719.02, 4719.05, or 4719.06;

division (C), (D), or (E) of section 4719.07;

section 4719.08;

or division (A) of section 4719.09 of the Revised Code.

(b) Any violation of section 3769.11, 3769.15, 3769.16, or 3769.19 of the Revised Code as it existed prior to July 1, 1996, any violation of section 2915.02 of the Revised Code that occurs on or after July 1, 1996, and that, had it occurred prior to that date, would have been a violation of section 3769.11 of the Revised Code as it existed prior to that date, or any violation of section 2915.05 of the Revised Code that occurs on or after July 1, 1996, and that, had it occurred prior to that date, would have been a violation of section 3769.15, 3769.16, or 3769.19 of the Revised Code as it existed prior to that date.

(c) Any violation of section 2907.21, 2907.22, 2907.31, 2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.42, 2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 of the Revised Code, any violation of section 2925.11 of the Revised Code that is a felony of the first, second, third, or fourth degree and that occurs on or after July 1, 1996, any violation of section 2915.02 of the Revised Code that occurred prior to July 1, 1996, any violation of section 2915.02 of the Revised Code that occurs on or after July 1, 1996, and that, had it occurred prior to that date, would not have been a violation of section 3769.11 of the Revised Code as it existed prior to that date, any violation of section 2915.06 of the Revised Code as it existed prior to July 1, 1996, or any violation of division (B) of section 2915.05 of the Revised Code as it exists on and after July 1, 1996, when the proceeds of the violation, the payments made in the violation, the amount of a claim for payment or for any other benefit that is false or deceptive and that is involved in the Sub.

S.

B.

No.

315 136th G.A.

violation, or the value of the contraband or other property illegally possessed, sold, or purchased in the violation exceeds one thousand dollars, or any combination of violations described in division (I) (2)(c) of this section when the total proceeds of the combination of violations, payments made in the combination of violations, amount of the claims for payment or for other benefits that is false or deceptive and that is involved in the combination of violations, or value of the contraband or other property illegally possessed, sold, or purchased in the combination of violations exceeds one thousand dollars;

(d) Any violation of section 5743.112 of the Revised Code when the amount of unpaid tax exceeds one hundred dollars;

(e) Any violation or combination of violations of section 2907.32 of the Revised Code involving any material or performance containing a display of bestiality or of sexual conduct, as defined in section 2907.01 of the Revised Code, that is explicit and depicted with clearly visible penetration of the genitals or clearly visible penetration by the penis of any orifice when the total proceeds of the violation or combination of violations, the payments made in the violation or combination of violations, or the value of the contraband or other property illegally possessed, sold, or purchased in the violation or combination of violations exceeds one thousand dollars;

(f) Any combination of violations described in division (I)(2)(c) of this section and violations of section 2907.32 of the Revised Code involving any material or performance containing a display of bestiality or of sexual conduct, as defined in section 2907.01 of the Revised Code, that is explicit and depicted with clearly visible penetration of the genitals or clearly visible penetration by the penis of any orifice when the total proceeds of the combination of violations, payments made in the combination of violations, amount of the claims for payment or for other benefits that is false or deceptive and that is involved in the combination of violations, or value of the contraband or other property illegally possessed, sold, or purchased in the combination of violations exceeds one thousand dollars;

(g) Any violation of section 2905.32 of the Revised Code to the extent the violation is not based solely on the same conduct that constitutes corrupt activity pursuant to division (I)(2)(c) of this section due to the conduct being in violation of section 2907.21 of the Revised Code.

(3) Conduct constituting a violation of any law of any state other than this state that is substantially similar to the conduct described in division (I)(2) of this section, provided the defendant was convicted of the conduct in a criminal proceeding in the other state;

(4) Animal or ecological terrorism;

(5)(a) Conduct constituting any of the following:

(i) Organized retail theft;

(ii) Conduct that constitutes one or more violations of any law of any state other than this state, that is substantially similar to organized retail theft, and that if committed in this state would be organized retail theft, if the defendant was convicted of or pleaded guilty to the conduct in a criminal proceeding in the other state.

Sub.

S.

B.

No.

315 136th G.A.

(b) By enacting division (I)(5)(a) of this section, it is the intent of the general assembly to add organized retail theft and the conduct described in division (I)(5)(a)(ii) of this section as conduct constituting corrupt activity.

The enactment of division (I)(5)(a) of this section and the addition by division (I)(5)(a) of this section of organized retail theft and the conduct described in division (I)(5) (a)(ii) of this section as conduct constituting corrupt activity does not limit or preclude, and shall not be construed as limiting or precluding, any prosecution for a violation of section 2923.32 of the Revised Code that is based on one or more violations of section 2913.02 or 2913.51 of the Revised Code, one or more similar offenses under the laws of this state or any other state, or any combination of any of those violations or similar offenses, even though the conduct constituting the basis for those violations or offenses could be construed as also constituting organized retail theft or conduct of the type described in division (I)(5)(a)(ii) of this section.

(J) "Real property" means any real property or any interest in real property, including, but not limited to, any lease of, or mortgage upon, real property.

Real property and any beneficial interest in it is deemed to be located where the real property is located.

(K) "Trustee" means any of the following:

(1) Any person acting as trustee under a trust in which the trustee holds title to personal or real property;

(2) Any person who holds title to personal or real property for which any other person has a beneficial interest;

(3) Any successor trustee.

"Trustee" does not include an assignee or trustee for an insolvent debtor or an executor, administrator, administrator with the will annexed, testamentary trustee, guardian, or committee, appointed by, under the control of, or accountable to a court.

(L) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in violation of any federal or state law relating to the business of gambling activity or relating to the business of lending money at an usurious rate unless the creditor proves, by a preponderance of the evidence, that the usurious rate was not intentionally set and that it resulted from a good faith error by the creditor, notwithstanding the maintenance of procedures that were adopted by the creditor to avoid an error of that nature.

(M) "Animal activity" means any activity that involves the use of animals or animal parts, including, but not limited to, hunting, fishing, trapping, traveling, camping, the production, preparation, or processing of food or food products, clothing or garment manufacturing, medical research, other research, entertainment, recreation, agriculture, biotechnology, or service activity that involves the use of animals or animal parts.

(N) "Animal facility" means a vehicle, building, structure, nature preserve, or other premises in which an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale, including, but not limited to, a zoo, rodeo, circus, amusement park, hunting preserve, or premises in which a Sub.

S.

B.

No.

315 136th G.A.

horse or dog event is held.

(O) "Animal or ecological terrorism" means the commission of any felony that involves causing or creating a substantial risk of physical harm to any property of another, the use of a deadly weapon or dangerous ordnance, or purposely, knowingly, or recklessly causing serious physical harm to property and that involves an intent to obstruct, impede, or deter any person from participating in a lawful animal activity, from mining, foresting, harvesting, gathering, or processing natural resources, or from being lawfully present in or on an animal facility or research facility.

(P) "Research facility" means a place, laboratory, institution, medical care facility, government facility, or public or private educational institution in which a scientific test, experiment, or investigation involving the use of animals or other living organisms is lawfully carried out, conducted, or attempted.

(Q) "Organized retail theft" means the theft of retail property with a retail value of one thousand dollars or more from one or more retail establishments with the intent to sell, deliver, or transfer that property to a retail property fence.

(R) "Retail property" means any tangible personal property displayed, held, stored, or offered for sale in or by a retail establishment.

(S) "Retail property fence" means a person who possesses, procures, receives, or conceals retail property that was represented to the person as being stolen or that the person knows or believes to be stolen.

(T) "Retail value" means the full retail value of the retail property.

In determining whether the retail value of retail property equals or exceeds one thousand dollars, the value of all retail property stolen from the retail establishment or retail establishments by the same person or persons within any one-hundred-eighty-day period shall be aggregated.

Sec.

3901.93.

(A) As used in this section:

(1) "Department" has the same meaning as in section 121.01 of the Revised Code.

(2) "Health plan issuer" has the same meaning as in section 3922.01 of the Revised Code.

(3) "Medicaid managed care organization" has the same meaning as in section 5167.01 of the Revised Code.

(4) "Payer" includes a health plan issuer, a medicaid managed care organization, the medicaid program, and the medicare program.

(B)(1) Not later than one year after the effective date of this section, the superintendent of insurance shall establish and administer an all-payer claims database.

(2) To the extent permitted by federal law and except as otherwise provided in this division, each payer shall submit its claims to the superintendent for inclusion in the database.

Such claims shall be submitted in the format and according to the schedule prescribed by the superintendent in rule.

In the case of a payer that is a health plan issuer, the requirement to submit claims begins January 1, 2028.

Sub.

S.

B.

No.

315 136th G.A.

(3) The superintendent shall include in the database each claim the superintendent receives.

(4) The superintendent shall make claims information included in the database available to any person or government entity.

The superintendent may require a person to obtain a subscription with the department of insurance to access information included in the database in accordance with section 149.43 of the Revised Code.

(C) The superintendent shall adopt rules to implement this section, including rules establishing standards and procedures for the following:

(1) Submitting claims for inclusion in the database, including the prescribed format and schedule;

(2) Maintaining the privacy and security of personal and health information contained in claims;

(3) Making available to persons or government entities claims information from the database;

(4) Imposing penalties when claims are not submitted.

The superintendent may adopt any other rules the superintendent considers necessary to implement this section.

All rules shall be adopted in accordance with Chapter 119.

of the Revised Code.

(D) Notwithstanding any provision of section 121.95 of the Revised Code to the contrary, a regulatory restriction contained in a rule adopted under division (C) of this section is not subject to sections 121.95 to 121.953 of the Revised Code.

Sec.

4113.52.

(A)(1)(a) All state officials and employees employed by or appointed to a state agency as defined in division (D) of section 121.41 of the Revised Code shall report alleged fraud, theft in office, or the misuse or misappropriation of public money by a state official or employee to the inspector general.

All other state employees and elected officials shall report fraud, theft in office, or the misuse or misappropriation of public money to the auditor of state's fraud-reporting system under section 117.103 of the Revised Code.

An official or employee of the auditor of state may report alleged fraud, theft in office, or the misuse or misappropriation of public money to the inspector general.

Nothing in this division prohibits the auditor of state or the inspector general from referring a report to the other office when appropriate.

(b) A person is required to make a report under division (A)(1)(c) of this section if the person meets any of the following:

(i) The person is elected to local public office.

(ii) The person is appointed to or within a local public office.

(iii) The person has a fiduciary duty to a local public office.

(iv) The person holds a supervisory position within a local public office.

(v) The person is employed in the department or office responsible for processing any revenue or expenses of the local public office.

(c) If a person identified in division (A)(1)(b) of this section, during the person's term of Sub.

S.

B.

No.

315 136th G.A.

office or in the course of the person's employment, becomes aware of fraud, theft in office, or the misuse or misappropriation of public money, the person shall timely notify the auditor of state via the auditor of state's fraud-reporting system under section 117.103 of the Revised Code or via other means.

(d) A person who serves as legal counsel, or who is employed as legal counsel, for a local public office or a state official or employee employed by or appointed to a state agency is not required to make a report under division (A)(1)(a) or (c) of this section concerning any communication received from a client in an attorney-client relationship.

(e) Divisions (A)(1)(a), (b), and (c) of this section do not apply to a prosecuting attorney, director of law, village solicitor, or similar chief legal officer of a municipal corporation, or to any employee of the prosecuting attorney, director of law, village solicitor, or similar chief legal officer of a municipal corporation.

(f) If a person becomes aware in the course of the person's employment of a violation of any state or federal statute or any ordinance or regulation of a political subdivision that the person's employer has authority to correct, and the person reasonably believes that the violation is a criminal offense that is likely to cause an imminent risk of physical harm to persons or a hazard to public health or safety, a felony, or an improper solicitation for a contribution, the person orally shall notify the person's supervisor or other responsible officer of the person's employer of the violation and subsequently shall file with that supervisor or officer a written report that provides sufficient detail to identify and describe the violation.

If the employer does not correct the violation or make a reasonable and good faith effort to correct the violation within twenty-four hours after the oral notification or the receipt of the report, whichever is earlier, the person may file a written report that provides sufficient detail to identify and describe the violation with the prosecuting authority of the county or municipal corporation where the violation occurred, with a peace officer, with the inspector general if the violation is within the inspector general's jurisdiction, with the auditor of state's fraud-reporting system under section 117.103 of the Revised Code if applicable, or with any other appropriate public official or agency that has regulatory authority over the employer and the industry, trade, or business in which the employer is engaged.

(g) If a person makes a report under division (A)(1)(f) of this section, the employer, within twenty-four hours after the oral notification was made or the report was received or by the close of business on the next regular business day following the day on which the oral notification was made or the report was received, whichever is later, shall notify the person, in writing, of any effort of the employer to correct the alleged violation or hazard or of the absence of the alleged violation or hazard.

(2) If a person becomes aware in the course of the person's employment of a violation of Chapter 3704., 3734., 6109., or 6111.

of the Revised Code that is a criminal offense, the person directly may notify, either orally or in writing, any appropriate public official or agency that has regulatory authority over the employer and the industry, trade, or business in which the employer is Sub.

S.

B.

No.

315 136th G.A.

engaged.

(3) If a person becomes aware in the course of the person's employment of a violation by a fellow employee of any state or federal statute, any ordinance or regulation of a political subdivision, or any work rule or company policy of the person's employer and the person reasonably believes that the violation is a criminal offense that is likely to cause an imminent risk of physical harm to persons or a hazard to public health or safety, a felony, or an improper solicitation for a contribution, the person orally shall notify the person's supervisor or other responsible officer of the person's employer of the violation and subsequently shall file with that supervisor or officer a written report that provides sufficient detail to identify and describe the violation.

(4) The reporting requirements under division (A) of this section are not intended to infringe, and should not be interpreted as infringing on, the constitutional right against self-incrimination.

(B) Except as otherwise provided in division (C) of this section, no employer shall take any disciplinary or retaliatory action against an a person for making any report authorized by division (A)(1) or (2) of this section, or as a result of the person's having made any inquiry or taken any other action to ensure the accuracy of any information reported under either such division.

No employer shall take any disciplinary or retaliatory action against a person for making any report authorized by division (A)(3) of this section if the person made a reasonable and good faith effort to determine the accuracy of any information so reported, or as a result of the person's having made any inquiry or taken any other action to ensure the accuracy of any information reported under that division.

For purposes of this division, disciplinary or retaliatory action by the employer includes, without limitation, doing any of the following:

(1) Removing or suspending the person from employment;

(2) Withholding from the person salary increases or employee benefits to which the person is otherwise entitled;

(3) Transferring or reassigning the person;

(4) Denying the person a promotion that otherwise would have been received;

(5) Reducing the person in pay or position.

(C) A person shall make a reasonable and good faith effort to determine the accuracy of any information reported under division (A)(1) or (2) of this section.

If the person who makes a report under either division fails to make such an effort, the person may be subject to disciplinary action by the person's employer, including suspension or removal, for reporting information without a reasonable basis to do so under division (A)(1) or (2) of this section.

(D) If an employer takes any disciplinary or retaliatory action against an a person as a result of the person's having filed a report under division (A) of this section, the person may bring a civil action for appropriate injunctive relief or for the remedies set forth in division (E) of this section, or both, within one hundred eighty days after the date the disciplinary or retaliatory action was taken, in a court of common pleas in accordance with the Rules of Civil Procedure.

A civil action under this division is not available to a person as a remedy for any disciplinary or retaliatory action taken by an Sub.

S.

B.

No.

315 136th G.A.

appointing authority against the person as a result of the person's having filed a report under division (A) of section 124.341 of the Revised Code.

(E) The court, in rendering a judgment for the person in an action brought pursuant to division (D) of this section, may order, as it determines appropriate, reinstatement of the person to the same position that the person held at the time of the disciplinary or retaliatory action and at the same site of employment or to a comparable position at that site, the payment of back wages, full reinstatement of fringe benefits and seniority rights, or any combination of these remedies.

The court also may award the prevailing party all or a portion of the costs of litigation and, if the person who brought the action prevails in the action, may award the prevailing person reasonable attorney's fees, witness fees, and fees for experts who testify at trial, in an amount the court determines appropriate.

If the court determines that an employer deliberately has violated division (B) of this section, the court, in making an award of back pay, may include interest at the rate specified in section 1343.03 of the Revised Code.

(F) Any report filed with the inspector general under this section shall be filed as a complaint in accordance with section 121.46 of the Revised Code.

(G) As used in this section:

(1) "Contribution" has the same meaning as in section 3517.01 of the Revised Code.

(2) "Improper solicitation for a contribution" means a solicitation for a contribution that satisfies all of the following:

(a) The solicitation violates division (B), (C), or (D) of section 3517.092 of the Revised Code;

(b) The solicitation is made in person by a public official or by an employee who has a supervisory role within the public office;

(c) The public official or employee knowingly made the solicitation, and the solicitation violates division (B), (C), or (D) of section 3517.092 of the Revised Code;

(d) The employee reporting the solicitation is an employee of the same public office as the public official or the employee with the supervisory role who is making the solicitation.

(3) "Misappropriation of public money" means knowingly using public money or public property for an unauthorized, improper, or unlawful purpose to serve a private or personal benefit or interest.

(4) "Misuse of public money" means knowingly using public money or public property in a manner not authorized by law.

(5) "Public office" has the same meaning as in section 117.01 of the Revised Code.

(H) Nothing in this section shall be construed to limit the authority of an auditor to make inquiries or interview state or local government employees or officials or otherwise perform audit procedures related to fraud during the course of an audit or attestation engagement.

Sec.

5101.542.

(A) Immediately following a county department of job and family services' certification that a household determined under division (B) of section 5101.54 of the Revised Code Sub.

S.

B.

No.

315 136th G.A.

to be in immediate need of nutrition assistance is eligible for the supplemental nutrition assistance program, the department of job and family services shall provide for the household to be sent by regular United States mail an electronic benefit transfer card containing the amount of benefits the household is eligible to receive under the program.

The card shall be sent to the member of the household in whose name application for the supplemental nutrition assistance program was made or that member's authorized representative.

(B) Except as provided in division (C) of this section, the department shall replace any electronic benefit transfer card that is reported by a household to be lost, stolen, or damaged, within two business days of receiving notice of the card's condition, in accordance with 7 C.F.R.

274.6(b).

(C)(1) The department shall implement the option described in 7 C.F.R.

274.6(b)(5) and shall withhold a replacement electronic benefit transfer card from a household that requests four or more replacement cards during a twelve-month period until the requirements specified in 7 C.F.R.

274.6(b)(5) have been satisfied.

(2) The department shall not withhold a replacement card as described under division (C)(1) of this section if the individual requesting the replacement has a disability directly related to the loss of the card.

(D) The department shall establish a process as part of the department's existing customer service telephone hotline that allows individuals to lock or unlock an electronic benefit transfer card that has been lost or stolen.

(E) On the effective date of this amendment, the department shall begin the transition to chip-enabled supplemental nutrition assistance program electronic benefit transfer cards.

In implementing this transition, the department shall ensure that all new electronic benefit transfer cards that are issued are chip-enabled and shall replace existing electronic benefit transfer cards with chip-enabled cards under the department's ordinary timeframe for replacing electronic benefit transfer cards.

Sec.

5101.5411.

The director of job and family services shall ensure that the department of job and family services' web site contains a mechanism that allows supplemental nutrition assistance program benefit recipients to report alleged fraudulent transactions to the department.

Sec.

5162.138.

The department of medicaid shall annually prepare and submit a report to the chairpersons and ranking members of the committees of the house of representatives and senate with jurisdiction over medicaid detailing the department's efforts to ensure integrity within the medicaid program.

Sec.

5162.139.

(A) As used in this section, "electronic visit verification" or "EVV" has the same meaning as in section 1903(l) of the "Social Security Act," 42 U.S.C.

1903(l).

(B) Not later than the first day of March annually, the medicaid director shall submit a report to the governor, the speaker of the house of representatives, the president of the senate, and the auditor of state regarding electronic visit verification utilization and compliance for the immediately preceding calendar year.

The report shall, at a minimum, include all of the following:

Sub.

S.

B.

No.

315 136th G.A.

(1) Provider utilization rates;

(2) Provider compliance rates;

(3) The number and percentage of claims or service visits with complete EVV data;

(4) The number and percentage of claims or service visits with missing, incomplete, manually entered, modified, late, or unmatched EVV data;

(5) The number of claims denied or paid due to EVV compliance status;

(6) Compliance trends by provider type and geographic region;

(7) Enforcement or corrective actions taken by the department;

(8) Any recommendations to improve EVV utilization, compliance, payment integrity, and fraud prevention.

(C) The department of medicaid shall make the report publicly available on the department's internet web site not later than thirty days after submitting the report in accordance with division (B) of this section, except that the department shall redact any information that is confidential under state or federal law or would otherwise compromise an ongoing audit, investigation, or enforcement action.

(D) Nothing in this section shall be construed to limit the authority of the auditor of state under Chapter 117.

of the Revised Code.

Sec.

5162.1311.

The department of medicaid shall prepare and submit an annual report to the general assembly in accordance with section 101.68 of the Revised Code that details any billing code that represents an increase or decrease of greater than fifty per cent in the utilization rate or total expenditures for a particular service from the previous state fiscal year.

As part of the report, the department shall also provide data concerning any identified billing code or utilization rate or expenditure data for an identified service from the five years preceding the report.

Sec.

5162.17.

(A) As used in this section:

(1) "Electronic visit verification" or "EVV" has the same meaning as in section 1903(l) of the "Social Security Act," 42 U.S.C.

1396b(l).

(2) "Provider" means a medicaid provider required by state or federal law to utilize an electronic visit verification system as a condition of payment for services provided under the medicaid program.

(B) The department of medicaid shall maintain a statewide electronic visit verification performance dashboard.

The dashboard shall include all of the following information, updated not less than quarterly:

(1) Statewide utilization rates of electronic visit verification;

(2) Rates of successful matching between EVV records and submitted claims for medicaid payment;

(3) Provider compliance trends;

(4) The percentage of claims that are supported by verified EVV documentation;

(5) Aggregate statistics regarding manually adjusted EVV entries;

Sub.

S.

B.

No.

315 136th G.A.

(6) Any other metrics the department determines appropriate for monitoring compliance, fraud prevention, and program integrity.

(C) The department shall make aggregate statewide data available to the public on the department's internet web site.

(D) The department shall use information collected and maintained under this section to identify providers that may require technical assistance, additional training, corrective action, or program integrity review.

The department may provide provider-specific compliance information through a secure provider portal or dashboard.

(E) The medicaid director may adopt rules under section 5162.02 of the Revised Code to implement this section.

Sec.

5162.19.

(A) As used in this section, "alternative primary insurance coverage source" means an insurance coverage source that is not coverage under the medicaid program, including coverage under the medicare program or coverage under a health benefit plan as defined in section 3922.01 of the Revised Code.

(B) Prior to the issuance of any payment on a claim for services provided under either the fee-for-service component of the medicaid program or the care management system established under Chapter 5167.

of the Revised Code, the department of medicaid shall require that all claims be electronically evaluated to determine whether an alternative primary insurance coverage source exists that is responsible for payment of the claim.

(C) An evaluation conducted under division (B) of this section shall use automated algorithmic analysis and insurance discovery engines capable of identifying alternative primary insurance coverage sources associated with the medicaid recipient prior to any payment being issued.

(D) Neither the department nor a medicaid managed care organization shall issue payment for a claim that has not been subjected to an evaluation under this section.

(E) If an alternative primary insurance coverage source is identified, the claim shall be redirected to the identified alternative primary insurance coverage source prior to any medicaid payment for the claim, consistent with all medicaid payer-of-last-resort requirements under state and federal law.

(F) The department shall adopt rules in accordance with Chapter 119.

of the Revised Code as necessary to implement the requirements of this section, including standards for approved insurance discovery engines, claims processing timelines, and reporting requirements.

Sec.

5162.90.

(A) As used in this section:

(1) "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

"Artificial intelligence" includes generative artificial intelligence.

(2) "Automated review tools" include artificial intelligence, automated fraud detection tools, Sub.

S.

B.

No.

315 136th G.A.

automated algorithmic analysis, or any other electronic automated review tool, system, or service.

(3) "Generative artificial intelligence" means an artificial intelligence technology system that satisfies all of the following:

(a) The system is trained on data.

(b) The system is designed to simulate human conversation with a consumer through text, audio, or visual communication.

(c) The system generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.

(B) When implementing sections 5162.17 to 5162.19 of the Revised Code, if the department of medicaid uses any automated review tools, all of the following shall occur:

(1) No action shall be taken automatically without human review as a result of the automated review tool's determination or decision.

(2) The appropriate department employee responsible for overseeing the determination or decision shall review the findings of the automated review tool to confirm the tool made the correct determination or decision.

Sec.

5163.05.

No individual is eligible to participate in the medicaid program in this state unless that individual is eligible to participate in the medicaid program under section 1903(v)(5) of the "Social Security Act," 42 U.S.C.

1396b(v)(5).

Sec.

5164.11.

(A) As used in this section:

(1) "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

"Artificial intelligence" includes generative artificial intelligence.

(2) "Automated review tools" mean artificial intelligence, automated fraud detection tools, automated algorithmic analysis, or any other electronic automated review tool, system, or service.

(3) "Generative artificial intelligence" means an artificial intelligence technology system that satisfies all of the following:

(a) The system is trained on data.

(b) The system is designed to simulate human conversation with a consumer through text, audio, or visual communication.

(c) The system generates nonscripted outputs similar to outputs created by a human, with limited or no human oversight.

(B) When implementing sections 5164.292, 5164.302, 5164.32, 5164.33 to 5164.332, 5164.36, 5164.40 to 5164.407, 5164.41 to 5164.43, 5164.54, and 5164.57 of the Revised Code, if the department of medicaid uses any automated review tools, all of the following shall occur:

(1) No action shall be taken automatically without human review as a result of the automated review tool's determination or decision.

(2) The appropriate department employee responsible for overseeing the determination or Sub.

S.

B.

No.

315 136th G.A.

decision shall review the findings of the automated review tool to confirm the tool made the correct determination or decision.

Sec.

5164.12.

The department of medicaid shall impose a prior authorization requirement on all therapeutic behavioral services that are provided under the medicaid program.

Sec.

5164.13.

(A) As used in this section:

(1) "Independent provider" has the same meaning as in section 5164.341 of the Revised Code.

(2) "Personal care services" means any service reimbursed under the medicaid program that assists a recipient who is not an inpatient in a hospital or a resident of a nursing facility or ICF/IID with activities of daily living, instrumental activities of daily living, supervision, homemaker tasks, attendant care, personal support services, or substantially similar in-home support services that are not medical services.

(3) "Prior authorization" means advance written approval issued by the department of medicaid, a medicaid managed care organization, or other entity contracted to perform utilization review functions before medicaid payment may be made.

(4) "Waiver agency" has the same meaning as in section 5164.342 of the Revised Code.