As Reported by the House Insurance Committee             1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 361  5            

      1997-1998                                                    6            


  REPRESENTATIVES VAN VYVEN-TAVARES-BENDER-BOYD-BRADING-CAREY-     8            

CLANCY-CORBIN-COUGHLIN-FORD-GARCIA-GERBERRY-HOTTINGER-KRUPINSKI-   9            

 LAWRENCE-MAIER-MILLER-MOTTLEY-O'BRIEN-OLMAN-OPFER-PADGETT-PERZ-   10           

  SALERNO-SAWYER-SCHULER-SCHURING-STAPLETON-TAYLOR-TERWILLEGER-    11           

    TIBERI-VESPER-WACHTMANN-WISE-ROMAN-METELSKY-LEWIS-NETZLEY      12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 1751.02 to 1751.04, 1751.12,        16           

                1751.13, 3901.04, 3901.041, 3901.16, and 3924.10   18           

                and to enact sections 1751.521,  1751.73 to        19           

                1751.75, 1751.77 to 1751.86, 1753.01, 1753.03 to   21           

                1753.10, 1753.14, 1753.16, 1753.21, 1753.23,                    

                1753.24, 1753.28, and 1753.30 of the Revised Code  22           

                to adopt the Physician-Health Plan Partnership     23           

                Act.                                               24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 1751.02, 1751.03, 1751.04,         28           

1751.12, 1751.13, 3901.04, 3901.041, 3901.16, and 3924.10 be       29           

amended and sections 1751.521, 1751.73, 1751.74, 1751.75,          30           

1751.77, 1751.78, 1751.79, 1751.80, 1751.81, 1751.82, 1751.83,     31           

1751.84, 1751.85, 1751.86, 1753.01, 1753.03, 1753.04, 1753.05,     32           

1753.06, 1753.07, 1753.08, 1753.09, 1753.10, 1753.14, 1753.16,     34           

1753.21, 1753.23, 1753.24, 1753.28, and 1753.30 of the Revised     36           

Code be enacted to read as follows:                                             

      Sec. 1751.02.  (A)  Notwithstanding any law in this state    45           

to the contrary, any corporation, as defined in section 1751.01    47           

of the Revised Code, may apply to the superintendent of insurance  49           

for a certificate of authority to establish and operate a health   50           

insuring corporation.  If the corporation applying for a           51           

                                                          2      

                                                                 
certificate of authority is a foreign corporation domiciled in a   52           

state without laws similar to those of this chapter, the           54           

corporation must form a domestic corporation to apply for,                      

obtain, and maintain a certificate of authority under this         55           

chapter.                                                                        

      (B)  No person shall establish, operate, or perform the      58           

services of a health insuring corporation in this state without    60           

obtaining a certificate of authority under this chapter.           61           

      (C)  Except as provided by division (D) of this section, no  64           

political subdivision or department, office, or institution of     65           

this state, or corporation formed by or on behalf of any                        

political subdivision or department, office, or institution of     66           

this state, shall establish, operate, or perform the services of   67           

a health insuring corporation.  Nothing in this section shall be   70           

construed to preclude a board of county commissioners, a county    71           

board of mental retardation and developmental disabilities, an     72           

alcohol and drug addiction services board, a board of alcohol,     73           

drug addiction, and mental health services, or a community mental  74           

health board, or a public entity formed by or on behalf of any of  75           

these boards, from using managed care techniques in carrying out   76           

the board's or public entity's duties pursuant to the              77           

requirements of Chapters 307., 329., 340., and 5126. of the        79           

Revised Code.  However, no such board or public entity may         81           

operate so as to compete in the private sector with health         82           

insuring corporations holding certificates of authority under      83           

this chapter.                                                                   

      (D)  A corporation formed by or on behalf of a publicly      85           

owned, operated, or funded hospital or health care facility may    86           

apply to the superintendent for a certificate of authority under   88           

division (A) of this section to establish and operate a health     89           

insuring corporation.                                                           

      (E)  A health insuring corporation shall operate in this     92           

state in compliance with this chapter AND CHAPTER 1753. OF THE     93           

REVISED CODE, and with sections 3702.51 to 3702.62 of the Revised  95           

                                                          3      

                                                                 
Code, and shall operate in conformity with its filings with the    97           

superintendent under this chapter, including filings made          98           

pursuant to sections 1751.03, 1751.11, 1751.12, and 1751.31 of     99           

the Revised Code.                                                  101          

      (F)  An insurer licensed under Title XXXIX of the Revised    105          

Code need not obtain a certificate of authority as a health        106          

insuring corporation to offer an open panel plan as long as the    107          

providers and health care facilities participating in the open     108          

panel plan receive their compensation directly from the insurer.   109          

If the providers and health care facilities participating in the   110          

open panel plan receive their compensation from any person other   111          

than the insurer, or if the insurer offers a closed panel plan,    112          

the insurer must obtain a certificate of authority as a health     113          

insuring corporation.                                                           

      (G)  An intermediary organization need not obtain a          116          

certificate of authority as a health insuring corporation,         117          

regardless of the method of reimbursement to the intermediary      118          

organization, as long as a health insuring corporation or a        120          

self-insured employer maintains the ultimate responsibility to     121          

assure delivery of all health care services required by the                     

contract between the health insuring corporation and the           122          

subscriber and the laws of this state or between the self-insured  123          

employer and its employees.                                        124          

      Nothing in this section shall be construed to require any    126          

health care facility, provider, health delivery network, or        127          

intermediary organization that contracts with a health insuring    128          

corporation or self-insured employer, regardless of the method of  130          

reimbursement to the health care facility, provider, health                     

delivery network, or intermediary organization, to obtain a        131          

certificate of authority as a health insuring corporation under    132          

this chapter, unless otherwise provided, in the case of contracts  134          

with a self-insured employer, by operation of the "Employee        135          

Retirement Income Security Act of 1974," 88 Stat. 829, 29          140          

U.S.C.A. 1001, as amended.                                         142          

                                                          4      

                                                                 
      (H)  Any health delivery network doing business in this      145          

state that is not required to obtain a certificate of authority    146          

under this chapter shall certify to the superintendent annually,   147          

not later than the first day of July, and shall provide a          149          

statement signed by the highest ranking official which includes    150          

the following information:                                                      

      (1)  The health delivery network's full name and the         152          

address of its principal place of business;                        153          

      (2)  A statement that the health delivery network is not     155          

required to obtain a certificate of authority under this chapter   156          

to conduct its business.                                           157          

      (I)  The superintendent shall not issue a certificate of     160          

authority to a health insuring corporation that is a provider      161          

sponsored organization unless all health care plans to be offered  162          

by the health insuring corporation provide basic health care       163          

services.  Substantially all of the physicians and hospitals with  164          

ownership or control of the provider sponsored organization, as    165          

defined in division (W) of section 1751.01 of the Revised Code,    168          

shall also be participating providers for the provision of basic   169          

health care services for health care plans offered by the          170          

provider sponsored organization.  If a health insuring             171          

corporation that is a provider sponsored organization offers       172          

health care plans that do not provide basic health care services,  173          

the health insuring corporation shall be deemed, for purposes of   174          

section 1751.35 of the Revised Code, to have failed to             175          

substantially comply with this chapter.                            176          

      Except as specifically provided in this division and in      178          

division (C) of section 1751.28 of the Revised Code, the           180          

provisions of this chapter shall apply to all health insuring                   

corporations that are provider sponsored organizations in the      181          

same manner that these provisions apply to all health insuring     182          

corporations that are not provider sponsored organizations.        183          

      (J)  Nothing in this section shall be construed to apply to  185          

any multiple employer welfare arrangement operating pursuant to    186          

                                                          5      

                                                                 
Chapter 1739. of the Revised Code.                                 187          

      (K)  Any person who violates division (B) of this section,   191          

and any health delivery network that fails to comply with          192          

division (H) of this section, is subject to the penalties set      193          

forth in section 1751.45 of the Revised Code.                      195          

      Sec. 1751.03.  (A)  Each application for a certificate of    205          

authority under this chapter shall be verified by an officer or    206          

authorized representative of the applicant, shall be in a format   207          

prescribed by the superintendent of insurance, and shall set       208          

forth or be accompanied by the following:                          209          

      (1)  A certified copy of the applicant's articles of         211          

incorporation and all amendments to the articles of                212          

incorporation;                                                     213          

      (2)  A copy of any regulations adopted for the government    215          

of the corporation, any bylaws, and any similar documents, and a   216          

copy of all amendments to these regulations, bylaws, and           217          

documents.  The corporate secretary shall certify that these       218          

regulations, bylaws, documents, and amendments have been properly  220          

adopted or approved.                                                            

      (3)  A list of the names, addresses, and official positions  223          

of the persons responsible for the conduct of the applicant,       224          

including all members of the board, the principal officers, and    225          

the person responsible for completing or filing financial          226          

statements with the department of insurance, accompanied by a      227          

completed original biographical affidavit and release of           228          

information for each of these persons on forms acceptable to the   229          

department;                                                                     

      (4)  A full and complete disclosure of the extent and        231          

nature of any contractual or other financial arrangement between   232          

the applicant and any provider or a person listed in division      233          

(A)(3) of this section, including, but not limited to, a full and  235          

complete disclosure of the financial interest held by any such     236          

provider or person in any health care facility, provider, or       237          

insurer that has entered into a financial relationship with the    238          

                                                          6      

                                                                 
health insuring corporation;                                       239          

      (5)  A description of the applicant, its facilities, and     241          

its personnel, including, but not limited to, the location, hours  243          

of operation, and telephone numbers of all contracted facilities;  244          

      (6)  The applicant's projected annual enrollee population    246          

over a three-year period;                                          247          

      (7)  A clear and specific description of the health care     249          

plan or plans to be used by the applicant, including a             250          

description of the proposed providers, procedures for accessing    251          

care, and the form of all proposed and existing contracts          252          

relating to the administration, delivery, or financing of health   253          

care services;                                                     254          

      (8)  A copy of each type of evidence of coverage and         256          

identification card or similar document to be issued to            257          

subscribers;                                                       258          

      (9)  A copy of each type of individual or group policy,      260          

contract, or agreement to be used;                                 261          

      (10)  The schedule of the proposed contractual periodic      263          

prepayments or premium rates, or both, accompanied by appropriate  264          

supporting data;                                                   265          

      (11)  A financial plan which provides a three-year           267          

projection of operating results, including the projected           268          

expenses, income, and sources of working capital;                  269          

      (12)  The enrollee complaint procedure to be utilized as     271          

required under section 1751.19 of the Revised Code;                274          

      (13)  A description of the procedures and programs to be     276          

implemented on an ongoing basis to assure the quality of health    277          

care services delivered to enrollees, INCLUDING, IF APPLICABLE, A  278          

DESCRIPTION OF A QUALITY ASSURANCE PROGRAM COMPLYING WITH THE      280          

REQUIREMENTS OF SECTIONS 1751.73 TO 1751.75 OF THE REVISED CODE;                

      (14)  A statement describing the geographic area or areas    282          

to be served, by county;                                           283          

      (15)  A copy of all solicitation documents;                  285          

      (16)  A balance sheet and other financial statements         287          

                                                          7      

                                                                 
showing the applicant's assets, liabilities, income, and other     288          

sources of financial support;                                      289          

      (17)  A description of the nature and extent of any          291          

reinsurance program to be implemented, and a demonstration that    292          

errors and omission insurance and, if appropriate, fidelity        293          

insurance, will be in place upon the applicant's receipt of a      294          

certificate of authority;                                          295          

      (18)  Copies of all proposed or in force related-party or    297          

intercompany agreements with an explanation of the financial       298          

impact of these agreements on the applicant.  If the applicant     299          

intends to enter into a contract for managerial or administrative  301          

services, with either an affiliated or an unaffiliated person,                  

the applicant shall provide a copy of the contract and a detailed  302          

description of the person to provide these services.  The          304          

description shall include that person's experience in managing or  305          

administering health care plans, a copy of that person's most      306          

recent audited financial statement, and a completed biographical   307          

affidavit on a form acceptable to the superintendent for each of   308          

that person's principal officers and board members and for any     309          

additional employee to be directly involved in providing           310          

managerial or administrative services to the health insuring       311          

corporation.  If the person to provide managerial or               312          

administrative services is affiliated with the health insuring     313          

corporation, the contract must provide for payment for services    314          

based on actual costs.                                                          

      (19)  A statement from the applicant's board that the        316          

admitted assets of the applicant have not been and will not be     317          

pledged or hypothecated;                                           318          

      (20)  A statement from the applicant's board that the        320          

applicant will submit monthly financial statements during the      321          

first year of operations;                                          322          

      (21)  The name and address of the applicant's Ohio           325          

statutory agent for service of process, notice, or demand;         326          

      (22)  Copies of all documents the applicant filed with the   328          

                                                          8      

                                                                 
secretary of state;                                                329          

      (23)  The location of those books and records of the         331          

applicant that must be maintained in Ohio;                         332          

      (24)  The applicant's federal identification number,         334          

corporate address, and mailing address;                            335          

      (25)  An internal and external organizational chart;         338          

      (26)  A list of the assets representing the initial net      340          

worth of the applicant;                                            341          

      (27)  If the applicant has a parent company, the parent      343          

company's guaranty, on a form acceptable to the superintendent,    344          

that the applicant will maintain Ohio's minimum net worth.  If no  347          

parent company exists, a statement regarding the availability of   348          

future funds if needed.                                                         

      (28)  The names and addresses of the applicant's actuary     350          

and external auditors;                                             351          

      (29)  If the applicant is a foreign corporation, a copy of   353          

the most recent financial statements filed with the insurance      354          

regulatory agency in the applicant's state of domicile;            355          

      (30)  If the applicant is a foreign corporation, a           357          

statement from the insurance regulatory agency of the applicant's  358          

state of domicile stating that the regulatory agency has no        359          

objection to the applicant applying for an Ohio license and that   360          

the applicant is in good standing in the applicant's state of      361          

domicile;                                                          362          

      (31)  Any other information that the superintendent may      364          

require.                                                           365          

      (B)(1)  A health insuring corporation, unless otherwise      368          

provided for in this chapter, shall file a timely notice with the  369          

superintendent describing any change to the corporation's          370          

articles of incorporation or regulations, or any major             371          

modification to its operations as set out in the information       372          

required by division (A) of this section that affects any of the   374          

following:                                                                      

      (a)  The solvency of the health insuring corporation;        377          

                                                          9      

                                                                 
      (b)  The health insuring corporation's continued provision   380          

of services that it has contracted to provide;                     381          

      (c)  The manner in which the health insuring corporation     384          

conducts its business.                                                          

      (2)  If the change or modification is to be the result of    386          

an action to be taken by the health insuring corporation, the      387          

notice shall be filed with the superintendent prior to the health  388          

insuring corporation taking the action.  The action shall be       390          

deemed approved if the superintendent does not disapprove it       391          

within sixty days of filing.                                       392          

      (C)(1)  No health insuring corporation shall expand its      395          

approved service area until a copy of the request for expansion,   396          

accompanied by documentation of the network of providers,          397          

enrollment projections, plan of operation, and any other changes   398          

have been filed with the superintendent.                           399          

      (2)  Within ten calendar days after receipt of a complete    401          

filing under division (C)(1) of this section, the superintendent   403          

shall refer the appropriate jurisdictional issues to the director  404          

of health pursuant to section 1751.04 of the Revised Code.         406          

      (3)  Within seventy-five days after the superintendent's     408          

receipt of a complete filing under division (C)(1) of this         410          

section, the superintendent shall determine whether the plan for   411          

expansion is lawful, fair, and reasonable.  The superintendent     412          

may not make a determination until the superintendent has          413          

received the director's certification of compliance, which the     414          

director shall furnish within forty-five days after referral       415          

under division (C)(2) of this section.  The director shall not     417          

certify that the requirements of section 1751.04 of the Revised    418          

Code are not met, unless the applicant has been given an           420          

opportunity for a hearing as provided in division (D) of section   422          

1751.04 of the Revised Code.  The forty-five-day and               423          

seventy-five-day review periods provided for in division (C)(3)    425          

of this section shall cease to run as of the date on which the     426          

notice of the applicant's right to request a hearing is mailed     427          

                                                          10     

                                                                 
and shall remain suspended until the director issues a final       428          

certification.                                                     429          

      (4)  If the superintendent has not approved or disapproved   431          

all or a portion of a service area expansion within the            432          

seventy-five-day period provided for in division (C)(3) of this    434          

section, the filing shall be deemed approved.                      435          

      (5)  Disapproval of all or a portion of the filing shall be  438          

effected by written notice, which shall state the grounds for the  439          

order of disapproval and shall be given in accordance with                      

Chapter 119. of the Revised Code.                                  440          

      Sec. 1751.04.  (A)  Upon the receipt by the superintendent   451          

of insurance of a complete application for a certificate of        452          

authority to establish or operate a health insuring corporation,   453          

which application sets forth or is accompanied by the information  454          

and documents required by division (A) of section 1751.03 of the   456          

Revised Code, the superintendent shall transmit copies of the      458          

application and accompanying documents to the director of health.  459          

      (B)  The director shall review the application and           462          

accompanying documents and make findings as to whether the         463          

applicant for a certificate of authority has done all of the       464          

following with respect to any basic health care services and       465          

supplemental health care services to be furnished:                 466          

      (1)  Demonstrated the willingness and potential ability to   468          

ensure that all basic health care services and supplemental        469          

health care services described in the evidence of coverage will    471          

be provided to all its enrollees as promptly as is appropriate     472          

and in a manner that assures continuity;                           473          

      (2)  Made effective arrangements to ensure that its          475          

enrollees have reliable access to qualified providers in those     476          

specialties that are generally available in the geographic area    477          

or areas to be served by the applicant and that are necessary to   478          

provide all basic health care services and supplemental health     479          

care services described in the evidence of coverage;               481          

      (3)  Made appropriate arrangements for the availability of   483          

                                                          11     

                                                                 
short-term health care services in emergencies within the          484          

geographic area or areas to be served by the applicant,            485          

twenty-four hours per day, seven days per week, and for the        486          

provision of adequate coverage whenever an out-of-area emergency   487          

arises;                                                            488          

      (4)  Made appropriate arrangements for an ongoing            490          

evaluation and assurance of the quality of health care services    491          

provided to enrollees, INCLUDING, IF APPLICABLE, THE DEVELOPMENT   492          

OF A QUALITY ASSURANCE PROGRAM COMPLYING WITH THE REQUIREMENTS OF  494          

SECTIONS 1751.73 TO 1751.75 OF THE REVISED CODE, and the adequacy               

of the personnel, facilities, and equipment by or through which    495          

the services are rendered;                                         496          

      (5)  Developed a procedure to gather and report statistics   498          

relating to the cost and effectiveness of its operations, the      499          

pattern of utilization of its services, and the quality,           500          

availability, and accessibility of its services.                   501          

      (C)  Within ninety days of the director's receipt of the     503          

application for issuance of a certificate of authority, the        505          

director shall certify to the superintendent whether or not the    506          

applicant meets the requirements of division (B) of this section   507          

and sections 3702.51 to 3702.62 of the Revised Code.  If the       508          

director certifies that the applicant does not meet these          509          

requirements, the director shall specify in what respects it is    510          

deficient.  However, the director shall not certify that the       511          

requirements of this section are not met unless the applicant has  512          

been given an opportunity for a hearing.                           513          

      (D)  If the applicant requests a hearing, the director       516          

shall hold a hearing before certifying that the applicant does     517          

not meet the requirements of this section.  The hearing shall be   518          

held in accordance with Chapter 119. of the Revised Code.          520          

      (E)  The ninety-day review period provided for under         523          

division (C) of this section shall cease to run as of the date on  525          

which the notice of the applicant's right to request a hearing is  526          

mailed and shall remain suspended until the director issues a      527          

                                                          12     

                                                                 
final certification order.                                                      

      Sec. 1751.12.  (A)(1)  No contractual periodic prepayment    537          

and no premium rate for nongroup and conversion policies for       538          

health care services, or any amendment to them, may be used by     539          

any health insuring corporation at any time until the contractual  540          

periodic prepayment and premium rate, or amendment, have been      541          

filed with the superintendent of insurance, and shall not be       542          

effective until the expiration of sixty days after their filing    543          

unless the superintendent sooner gives approval.  The              544          

superintendent shall disapprove the filing, if the superintendent  545          

determines within the sixty-day period that the contractual        546          

periodic prepayment or premium rate, or amendment, is not in       547          

accordance with sound actuarial principles or is not reasonably    548          

related to the applicable coverage and characteristics of the      549          

applicable class of enrollees.  The superintendent shall notify    550          

the health insuring corporation of the disapproval, and it shall   551          

thereafter be unlawful for the health insuring corporation to use  552          

the contractual periodic prepayment or premium rate, or            553          

amendment.                                                                      

      (2)  No contractual periodic prepayment for group policies   556          

for health care services shall be used until the contractual       557          

periodic prepayment has been filed with the superintendent.  The   558          

superintendent may reject a filing made under division (A)(2) of   559          

this section at any time, with at least thirty days' written       560          

notice to a health insuring corporation, if the contractual        561          

periodic prepayment is not in accordance with sound actuarial      563          

principles or is not reasonably related to the applicable          564          

coverage and characteristics of the applicable class of            565          

enrollees.                                                                      

      (3)  At any time, the superintendent, upon at least thirty   567          

days' written notice to a health insuring corporation, may         568          

withdraw the approval given under division (A)(1) of this          569          

section, deemed or actual, of any contractual periodic prepayment  571          

or premium rate, or amendment, based on information that either    572          

                                                          13     

                                                                 
of the following applies:                                                       

      (a)  The contractual periodic prepayment or premium rate,    575          

or amendment, is not in accordance with sound actuarial            576          

principles.                                                                     

      (b)  The contractual periodic prepayment or premium rate,    579          

or amendment, is not reasonably related to the applicable          580          

coverage and characteristics of the applicable class of            581          

enrollees.                                                                      

      (4)  Any disapproval under division (A)(1) of this section,  583          

any rejection of a filing made under division (A)(2) of this       585          

section, or any withdrawal of approval under division (A)(3) of    586          

this section, shall be effected by a written notice, which shall   587          

state the specific basis for the disapproval, rejection, or        588          

withdrawal and shall be issued in accordance with Chapter 119. of  589          

the Revised Code.                                                  590          

      (B)  Notwithstanding division (A) of this section, a health  593          

insuring corporation may use a contractual periodic prepayment or  594          

premium rate for policies used for the coverage of beneficiaries   595          

enrolled in Title XVIII of the "Social Security Act," 49 Stat.     597          

620 (1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare    599          

risk contract or medicare cost contract, or for policies used for  600          

the coverage of beneficiaries enrolled in the federal employees    601          

health benefits program pursuant to 5 U.S.C.A. 8905, or for        604          

policies used for the coverage of beneficiaries enrolled in Title  605          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          607          

U.S.C.A. 301, as amended, known as the medical assistance program  610          

or medicaid, provided by the Ohio department of human services     611          

under Chapter 5111. of the Revised Code, or for policies used for  612          

the coverage of beneficiaries under any other federal health care  613          

program regulated by a federal regulatory body, if both of the     614          

following apply:                                                   615          

      (1)  The contractual periodic prepayment or premium rate     617          

has been approved by the United States department of health and    618          

human services, the United States office of personnel management,  620          

                                                          14     

                                                                 
or the Ohio department of human services.                                       

      (2)  The contractual periodic prepayment or premium rate is  622          

filed with the superintendent prior to use and is accompanied by   623          

documentation of approval from the United States department of     625          

health and human services, the United States office of personnel   627          

management, or the Ohio department of human services.              629          

      (C)  The administrative expense portion of all contractual   632          

periodic prepayment or premium rate filings submitted to the       633          

superintendent for review must reflect the actual cost of          634          

administering the product.  The superintendent may require that    635          

the administrative expense portion of the filings be itemized and  636          

supported.                                                                      

      (D)(1)  Copayments and deductibles must be reasonable and    639          

must not be a barrier to the necessary utilization of services by  640          

enrollees.                                                                      

      (2)  A health insuring corporation may not impose copayment  643          

charges on basic health care services that exceed thirty per cent  644          

of the total cost of providing any single covered health care      645          

service, except for PHYSICIAN OFFICE VISITS, emergency health      646          

services, and urgent care services.  The total cost of providing   647          

a health care service is the cost to the health insuring           648          

corporation of providing the health care service to the enrollee   649          

ITS ENROLLEES as reduced by any applicable provider discount.  An  652          

open panel plan may not impose copayments on out-of-network                     

benefits that exceed fifty per cent of the total cost of           653          

providing any single covered health care service.                  654          

      (3)  To ensure that copayments are not a barrier to the      656          

utilization of basic health care services, a health insuring       657          

corporation may not impose, in any contract year, on any           658          

subscriber or enrollee, copayments that exceed two hundred per     659          

cent of the total annual premium rate to the subscriber or         660          

enrollees.  This limitation of two hundred per cent does not       662          

include any reasonable copayments that are not a barrier to the    663          

necessary utilization of health care services by enrollees and     664          

                                                          15     

                                                                 
that are imposed on physician office visits, emergency health      665          

services, urgent care services, supplemental health care           666          

services, or specialty health care services.                                    

      (E)  A health insuring corporation shall not impose          669          

lifetime maximums on basic health care services.  However, a       670          

health insuring corporation may establish a benefit limit for      671          

inpatient hospital services that are provided pursuant to a        672          

policy, contract, certificate, or agreement for supplemental       673          

health care services.                                                           

      Sec. 1751.13.  (A)(1)(a)  A health insuring corporation      683          

shall, either directly or indirectly, enter into contracts for     684          

the provision of health care services with a sufficient number     685          

and types of providers and health care facilities to ensure that   686          

all covered health care services will be accessible to enrollees   687          

from a contracted provider or health care facility.                688          

      (b)  A HEALTH INSURING CORPORATION SHALL NOT REFUSE TO       691          

CONTRACT WITH A PHYSICIAN FOR THE PROVISION OF HEALTH CARE                      

SERVICES OR REFUSE TO RECOGNIZE A PHYSICIAN AS A SPECIALIST ON     692          

THE BASIS THAT THE PHYSICIAN ATTENDED AN EDUCATIONAL PROGRAM OR A  694          

RESIDENCY PROGRAM APPROVED OR CERTIFIED BY THE AMERICAN            695          

OSTEOPATHIC ASSOCIATION.  A HEALTH INSURING CORPORATION SHALL NOT  696          

REFUSE TO CONTRACT WITH A HEALTH CARE FACILITY FOR THE PROVISION   697          

OF HEALTH CARE SERVICES ON THE BASIS THAT THE HEALTH CARE          698          

FACILITY IS CERTIFIED OR ACCREDITED BY THE AMERICAN OSTEOPATHIC    700          

ASSOCIATION OR THAT THE HEALTH CARE FACILITY IS AN OSTEOPATHIC     701          

HOSPITAL AS DEFINED IN SECTION 3702.51 OF THE REVISED CODE.        704          

      (c)  NOTHING IN DIVISION (A)(1)(b) OF THIS SECTION SHALL BE  708          

CONSTRUED TO REQUIRE A HEALTH INSURING CORPORATION TO MAKE A       709          

BENEFIT PAYMENT UNDER A CLOSED PANEL PLAN TO A PHYSICIAN OR        710          

HEALTH CARE FACILITY WITH WHICH THE HEALTH INSURING CORPORATION    711          

DOES NOT HAVE A CONTRACT, PROVIDED THAT NONE OF THE BASES SET      712          

FORTH IN THAT DIVISION ARE USED AS A REASON FOR FAILING TO MAKE A  713          

BENEFIT PAYMENT.                                                                

      (2)  When a health insuring corporation is unable to         715          

                                                          16     

                                                                 
provide a covered health care service from a contracted provider   716          

or health care facility, the health insuring corporation must      717          

provide that health care service from a noncontracted provider or  719          

health care facility consistent with the terms of the enrollee's   720          

policy, contract, certificate, or agreement.  The health insuring  721          

corporation shall either ensure that the health care service be    722          

provided at no greater cost to the enrollee than if the enrollee   723          

had obtained the health care service from a contracted provider    724          

or health care facility, or make other arrangements acceptable to  725          

the superintendent of insurance.                                   726          

      (3)  Nothing in this section shall prohibit a health         728          

insuring corporation from entering into contracts with             729          

out-of-state providers or health care facilities that are          730          

licensed, certified, accredited, or otherwise authorized in that   731          

state.                                                             732          

      (B)(1)  A health insuring corporation shall, either          735          

directly or indirectly, enter into contracts with all providers    736          

and health care facilities through which health care services are  737          

provided to its enrollees.                                                      

      (2)  A health insuring corporation, upon written request,    739          

shall assist its contracted providers in finding stop-loss or      740          

reinsurance carriers.                                                           

      (C)  A health insuring corporation shall file an annual      742          

certificate with the superintendent certifying that all provider   743          

contracts and contracts with health care facilities through which  744          

health care services are being provided contain the following:     745          

      (1)  A description of the method by which the provider or    747          

health care facility will be notified of the specific health care  749          

services for which the provider or health care facility will be    750          

responsible, including any limitations or conditions on such       751          

services;                                                                       

      (2)  The specific hold harmless provision specifying         753          

protection of enrollees set forth as follows:                      754          

      "[Provider/Health Care Facility< agrees that in no event,    757          

                                                          17     

                                                                 
including but not limited to nonpayment by the health insuring     758          

corporation, insolvency of the health insuring corporation, or     759          

breach of this agreement, shall [Provider/Health Care Facility<    761          

bill, charge, collect a deposit from, seek remuneration or         762          

reimbursement from, or have any recourse against, a subscriber,    763          

enrollee, person to whom health care services have been provided,  765          

or person acting on behalf of the covered enrollee, for health     766          

care services provided pursuant to this agreement.  This does not  767          

prohibit [Provider/Health Care Facility< from collecting           768          

co-insurance, deductibles, or copayments as specifically provided  770          

in the evidence of coverage, or fees for uncovered health care     771          

services delivered on a fee-for-service basis to persons           772          

referenced above, nor from any recourse against the health         773          

insuring corporation or its successor."                                         

      (3)  Provisions requiring the provider or health care        775          

facility to continue to provide covered health care services to    776          

enrollees in the event of the health insuring corporation's        777          

insolvency or discontinuance of operations.  The provisions shall  779          

require the provider or health care facility to continue to        780          

provide covered health care services to enrollees as needed to     781          

complete any medically necessary procedures commenced but          782          

unfinished at the time of the health insuring corporation's                     

insolvency or discontinuance of operations.  If an enrollee is     783          

receiving necessary inpatient care at a hospital, the provisions   784          

may limit the required provision of covered health care services   785          

relating to that inpatient care in accordance with division        786          

(D)(3) of section 1751.11 of the Revised Code, and may also limit  788          

such required provision of covered health care services to the     789          

period ending thirty days after the health insuring corporation's  790          

insolvency or discontinuance of operations.                        791          

      The provisions required by division (C)(3) of this section   794          

shall not require any provider or health care facility to          795          

continue to provide any covered health care service after the                   

occurrence of any of the following:                                796          

                                                          18     

                                                                 
      (a)  The end of the thirty-day period following the entry    798          

of a liquidation order under Chapter 3903. of the Revised Code;    800          

      (b)  The end of the enrollee's period of coverage for a      802          

contractual prepayment or premium;                                 803          

      (c)  The enrollee obtains equivalent coverage with another   805          

health insuring corporation or insurer, or the enrollee's          806          

employer obtains such coverage for the enrollee;                   807          

      (d)  The enrollee or the enrollee's employer terminates      809          

coverage under the contract;                                       810          

      (e)  A liquidator effects a transfer of the health insuring  813          

corporation's obligations under the contract under division        814          

(A)(8) of section 3903.21 of the Revised Code.                                  

      (4)  A provision clearly stating the rights and              816          

responsibilities of the health insuring corporation, and of the    817          

contracted providers and health care facilities, with respect to   818          

administrative policies and programs, including, but not limited   819          

to, payments systems, utilization review, quality ASSURANCE,       820          

assessment, and improvement programs, credentialing,               821          

confidentiality requirements, and any applicable federal or state  822          

programs;                                                          823          

      (5)  A provision regarding the availability and              825          

confidentiality of those health records maintained by providers    826          

and health care facilities to monitor and evaluate the quality of  828          

care, to conduct evaluations and audits, and to determine on a     829          

concurrent or retrospective basis the necessity of and                          

appropriateness of health care services provided to enrollees.     830          

The provision shall include terms requiring the provider or        831          

health care facility to make these health records available to     832          

appropriate state and federal authorities involved in assessing    833          

the quality of care or in investigating the grievances or          834          

complaints of enrollees, and requiring the provider or health      835          

care facility to comply with applicable state and federal laws     836          

related to the confidentiality of medical or health records.       838          

      (6)  A provision that states that contractual rights and     840          

                                                          19     

                                                                 
responsibilities may not be assigned or delegated by the provider  842          

or health care facility without the prior written consent of the   843          

health insuring corporation;                                                    

      (7)  A provision requiring the provider or health care       845          

facility to maintain adequate professional liability and           846          

malpractice insurance.  The provision shall also require the       847          

provider or health care facility to notify the health insuring     848          

corporation not more than ten days after the provider's or health  850          

care facility's receipt of notice of any reduction or                           

cancellation of such coverage.                                     851          

      (8)  A provision requiring the provider or health care       853          

facility to observe, protect, and promote the rights of enrollees  855          

as patients;                                                                    

      (9)  A provision requiring the provider or health care       857          

facility to provide health care services without discrimination    858          

on the basis of a patient's participation in the health care       859          

plan, age, sex, ethnicity, religion, sexual preference, health     860          

status, or disability, and without regard to the source of         861          

payments made for health care services rendered to a patient.      862          

This requirement shall not apply to circumstances when the         863          

provider or health care facility appropriately does not render     864          

services due to limitations arising from the provider's or health  866          

care facility's lack of training, experience, or skill, or due to  867          

licensing restrictions.                                                         

      (10)  A provision containing the specifics of any            869          

obligation on the provider or health care facility to provide, or  871          

to arrange for the provision of, covered health care services                   

twenty-four hours per day, seven days per week;                    872          

      (11)  A provision setting forth procedures for the           874          

resolution of disputes arising out of the contract;                875          

      (12)  A provision stating that the hold harmless provision   877          

required by division (C)(2) of this section shall survive the      879          

termination of the contract with respect to services covered and   880          

provided under the contract during the time the contract was in    881          

                                                          20     

                                                                 
effect, regardless of the reason for the termination, including                 

the insolvency of the health insuring corporation;                 882          

      (13)  A provision requiring those terms that are used in     884          

the contract and that are defined by this chapter, be used in the  886          

contract in a manner consistent with those definitions.            887          

      (D)(1)  No health insuring corporation contract with a       890          

provider or health care facility shall do either CONTAIN ANY of    891          

the following:                                                                  

      (1)  Offer (a)  A PROVISION THAT DIRECTLY OR INDIRECTLY      893          

OFFERS an inducement to the provider or health care facility,      895          

directly or indirectly, to reduce or limit medically necessary     896          

health care services to a covered enrollee;                                     

      (2)  Penalize (b)  A PROVISION THAT PENALIZES a provider or  899          

health care facility that assists an enrollee to seek a            900          

reconsideration of the health insuring corporation's decision to   901          

deny or limit benefits to the enrollee;                            902          

      (c)  A PROVISION THAT LIMITS OR OTHERWISE RESTRICTS THE      905          

PROVIDER'S OR HEALTH CARE FACILITY'S ETHICAL AND LEGAL                          

RESPONSIBILITY TO FULLY ADVISE ENROLLEES ABOUT THEIR MEDICAL       906          

CONDITION AND ABOUT MEDICALLY APPROPRIATE TREATMENT OPTIONS;       908          

      (d)  A PROVISION THAT PENALIZES A PROVIDER OR HEALTH CARE    911          

FACILITY FOR PRINCIPALLY ADVOCATING FOR MEDICALLY NECESSARY        912          

HEALTH CARE SERVICES;                                                           

      (e)  A PROVISION THAT PENALIZES A PROVIDER OR HEALTH CARE    914          

FACILITY FOR PROVIDING INFORMATION OR TESTIMONY TO A LEGISLATIVE   915          

OR REGULATORY BODY OR AGENCY.  THIS SHALL NOT BE CONSTRUED TO      916          

PROHIBIT A HEALTH INSURING CORPORATION FROM PENALIZING A PROVIDER  918          

OR HEALTH CARE FACILITY THAT PROVIDES INFORMATION OR TESTIMONY     919          

THAT IS LIBELOUS OR SLANDEROUS OR THAT DISCLOSES TRADE SECRETS     920          

WHICH THE PROVIDER OR HEALTH CARE FACILITY HAS NO PRIVILEGE OR     921          

PERMISSION TO DISCLOSE.                                                         

      (2)  NOTHING IN THIS DIVISION SHALL BE CONSTRUED TO          923          

PROHIBIT A HEALTH INSURING CORPORATION FROM DOING EITHER OF THE    924          

FOLLOWING:                                                         925          

                                                          21     

                                                                 
      (a)  MAKING A DETERMINATION NOT TO REIMBURSE OR PAY FOR A    928          

PARTICULAR MEDICAL TREATMENT OR OTHER HEALTH CARE SERVICE;         929          

      (b)  ENFORCING REASONABLE PEER REVIEW OR UTILIZATION REVIEW  932          

PROTOCOLS, OR DETERMINING WHETHER A PARTICULAR PROVIDER OR HEALTH  933          

CARE FACILITY HAS COMPLIED WITH THESE PROTOCOLS.                   934          

      (E)  Any contract between a health insuring corporation and  937          

an intermediary organization shall clearly specify that the        938          

health insuring corporation must approve or disapprove the         939          

participation of any provider or health care facility with which   940          

the intermediary organization contracts.                           941          

      (F)  If an intermediary organization that is not a health    943          

delivery network contracting solely with self-insured employers    944          

subcontracts with a provider or health care facility, the          945          

subcontract with the provider or health care facility shall do     946          

all of the following:                                                           

      (1)  Contain the provisions required by divisions (C) and    949          

(G) of this section, as made applicable to an intermediary         950          

organization, without the inclusion of inducements or penalties    951          

described in division (D) of this section;                         952          

      (2)  Acknowledge that the health insuring corporation is a   954          

third-party beneficiary to the agreement;                          955          

      (3)  Acknowledge the health insuring corporation's role in   957          

approving the participation of the provider or health care         958          

facility, pursuant to division (E) of this section.                960          

      (G)  Any provider contract or contract with a health care    963          

facility shall clearly specify the health insuring corporation's   964          

statutory responsibility to monitor and oversee the offering of    965          

covered health care services to its enrollees.                     966          

      (H)(1)  A health insuring corporation shall maintain its     969          

provider contracts and its contracts with health care facilities   970          

at one or more of its places of business in this state, and shall  971          

provide copies of these contracts to facilitate regulatory review  972          

upon written notice by the superintendent of insurance.            973          

      (2)  Any contract with an intermediary organization shall    975          

                                                          22     

                                                                 
include provisions requiring the intermediary organization to      976          

provide the superintendent with regulatory access to all books,    977          

records, financial information, and documents related to the       978          

provision of health care services to subscribers and enrollees     979          

under the contract.  The contract shall require the intermediary   980          

organization to maintain such books, records, financial            981          

information, and documents at its principal place of business in   982          

this state and to preserve them for at least three years in a      983          

manner that facilitates regulatory review.                         984          

      (I)  A health insuring corporation shall provide notice of   987          

the termination of any contract with a primary care physician or   988          

hospital.                                                                       

      (J)  Divisions (A) and (B) of this section do not apply to   991          

any health insuring corporation that, on the effective date of     992          

this section JUNE 4, 1997, holds a certificate of authority or     993          

license to operate under Chapter 1740. of the Revised Code.        995          

      (K)  NOTHING IN THIS SECTION SHALL RESTRICT THE GOVERNING    997          

BODY OF A HOSPITAL FROM EXERCISING THE AUTHORITY GRANTED IT        998          

PURSUANT TO SECTION 3701.351 OF THE REVISED CODE.                  999          

      Sec. 1751.521.  IF AN ENROLLEE SIGNS A MEDICAL INFORMATION   1,001        

RELEASE UPON THE REQUEST OF A HEALTH INSURING CORPORATION, THE     1,002        

RELEASE SHALL CLEARLY EXPLAIN WHAT INFORMATION MAY BE DISCLOSED    1,003        

UNDER THE TERMS OF THE RELEASE.  IF A HEALTH INSURING CORPORATION  1,004        

UTILIZES THIS RELEASE TO REQUEST MEDICAL INFORMATION FROM A        1,005        

HEALTH CARE FACILITY OR PROVIDER, THE HEALTH INSURING CORPORATION               

SHALL PROVIDE A COPY OF THE ENROLLEE'S RELEASE TO THE HEALTH CARE  1,006        

FACILITY OR PROVIDER, UPON REQUEST.                                1,007        

      Sec. 1751.73.  EACH HEALTH INSURING CORPORATION PROVIDING    1,010        

BASIC HEALTH CARE SERVICES SHALL IMPLEMENT A QUALITY ASSURANCE     1,011        

PROGRAM FOR USE IN CONNECTION WITH THOSE POLICIES, CONTRACTS, AND  1,012        

AGREEMENTS PROVIDING BASIC HEALTH CARE SERVICES.  EACH HEALTH      1,013        

INSURING CORPORATION REQUIRED TO IMPLEMENT A QUALITY ASSURANCE     1,014        

PROGRAM SHALL ANNUALLY FILE A CERTIFICATE WITH THE SUPERINTENDENT  1,015        

OF INSURANCE CERTIFYING THAT ITS QUALITY ASSURANCE PROGRAM DOES    1,016        

                                                          23     

                                                                 
ALL OF THE FOLLOWING:                                                           

      (A)  IDENTIFIES A CORPORATE BOARD OR COMMITTEE OR            1,018        

DESIGNATES AN EXECUTIVE STAFF PERSON RESPONSIBLE FOR PROGRAM       1,019        

IMPLEMENTATION AND COMPLIANCE;                                                  

      (B)  INCLUDES A PROCESS ENABLING THE SELECTION AND           1,021        

RETENTION OF QUALITY PROVIDERS AND HEALTH CARE FACILITIES THROUGH  1,022        

CREDENTIALING, RECREDENTIALING, AND MONITORING PROCEDURES;         1,023        

      (C)  PROVIDES FOR ONGOING MONITORING OF THE QUALITY          1,025        

ASSURANCE PROGRAM;                                                 1,026        

      (D)  ASSURES A PROCESS FOR COMPLIANCE BY ANY ENTITY OR       1,028        

ENTITIES WITH WHICH THE HEALTH INSURING CORPORATION CONTRACTS FOR  1,029        

SERVICES;                                                                       

      (E)  INCLUDES A PROCESS TO TAKE REMEDIAL ACTION TO CORRECT   1,031        

QUALITY PROBLEMS.                                                  1,032        

      Sec. 1751.74.  (A)  TO IMPLEMENT A QUALITY ASSURANCE         1,034        

PROGRAM REQUIRED BY SECTION 1715.73 OF THE REVISED CODE, A HEALTH  1,035        

INSURING CORPORATION SHALL DO BOTH OF THE FOLLOWING:               1,036        

      (1)  DEVELOP AND MAINTAIN THE APPROPRIATE INFRASTRUCTURE     1,039        

AND DISCLOSURE SYSTEMS NECESSARY TO MEASURE AND REPORT, ON A       1,040        

REGULAR BASIS, THE QUALITY OF HEALTH CARE SERVICES PROVIDED TO     1,041        

ENROLLEES, BASED ON A SYSTEMATIC COLLECTION, ANALYSIS, AND         1,042        

REPORTING OF RELEVANT DATA.  THE HEALTH INSURING CORPORATION       1,043        

SHALL ASSURE THAT A COMMITTEE THAT INCLUDES PARTICIPATING          1,044        

PHYSICIANS HAVE THE OPPORTUNITY TO PARTICIPATE IN DEVELOPING,      1,045        

IMPLEMENTING, AND EVALUATING THE QUALITY ASSURANCE PROGRAM AND     1,047        

ALL OTHER PROGRAMS IMPLEMENTED BY THE HEALTH INSURING CORPORATION               

THAT RELATE TO THE UTILIZATION OF HEALTH CARE SERVICES.  A         1,049        

COMMITTEE THAT INCLUDES PARTICIPATING PHYSICIANS SHALL ALSO HAVE   1,050        

THE OPPORTUNITY TO PARTICIPATE IN THE DERIVATION OF DATA           1,051        

ASSESSMENTS, STATISTICAL ANALYSES, AND OUTCOME INTERPRETATIONS     1,053        

FROM PROGRAMS MONITORING THE UTILIZATION OF HEALTH CARE SERVICES.  1,054        

      (2)  DEVELOP AND MAINTAIN AN ORGANIZATIONAL PROGRAM FOR      1,057        

DESIGNING, MEASURING, ASSESSING, AND IMPROVING THE PROCESSES AND   1,058        

OUTCOMES OF HEALTH CARE.                                                        

                                                          24     

                                                                 
      (B)  A QUALITY ASSURANCE PROGRAM SHALL:                      1,060        

      (1)  ESTABLISH AN INTERNAL SYSTEM CAPABLE OF IDENTIFYING     1,062        

OPPORTUNITIES TO IMPROVE HEALTH CARE, WHICH SYSTEM IS STRUCTURED   1,063        

TO IDENTIFY PRACTICES THAT RESULT IN IMPROVED HEALTH CARE          1,064        

OUTCOMES, TO IDENTIFY PROBLEMATIC UTILIZATION PATTERNS, AND TO     1,065        

IDENTIFY THOSE PROVIDERS THAT MAY BE RESPONSIBLE FOR EITHER        1,066        

EXEMPLARY OR PROBLEMATIC PATTERNS.  THE QUALITY ASSURANCE PROGRAM  1,067        

SHALL USE THE FINDINGS GENERATED BY THE SYSTEM TO WORK ON A        1,069        

CONTINUING BASIS WITH PARTICIPATING PROVIDERS AND OTHER STAFF TO   1,070        

IMPROVE THE QUALITY OF HEALTH CARE SERVICES PROVIDED TO            1,072        

ENROLLEES.                                                                      

      (2)  DEVELOP A WRITTEN STATEMENT OF ITS OBJECTIVES, LINES    1,074        

OF AUTHORITY AND ACCOUNTABILITY, EVALUATION TOOLS, AND             1,075        

PERFORMANCE IMPROVEMENT ACTIVITIES;                                1,076        

      (3)  REQUIRE AN ANNUAL EFFECTIVENESS REVIEW OF THE PROGRAM;  1,079        

      (4)  PROVIDE A DESCRIPTION OF HOW THE HEALTH INSURING        1,082        

CORPORATION INTENDS TO DO ALL OF THE FOLLOWING:                    1,083        

      (a)  ANALYZE BOTH PROCESSES AND OUTCOMES OF HEALTH CARE,     1,085        

INCLUDING FOCUSED REVIEW OF INDIVIDUAL CASES AS APPROPRIATE, TO    1,087        

DISCERN THE CAUSES OF VARIATION;                                                

      (b)  IDENTIFY THE TARGETED DIAGNOSES AND TREATMENTS TO BE    1,089        

REVIEWED BY THE QUALITY ASSURANCE PROGRAM EACH YEAR, BASED ON      1,090        

CONSIDERATION OF PRACTICES AND DIAGNOSES THAT AFFECT A             1,091        

SUBSTANTIAL NUMBER OF THE HEALTH INSURING CORPORATION'S ENROLLEES  1,092        

OR THAT COULD PLACE ENROLLEES AT SERIOUS RISK;                     1,093        

      (c)  USE A RANGE OF APPROPRIATE METHODS TO ANALYZE QUALITY   1,095        

OF HEALTH CARE, INCLUDING COLLECTION AND ANALYSIS OF INFORMATION   1,097        

ON OVER-UTILIZATION AND UNDER-UTILIZATION OF HEALTH CARE           1,098        

SERVICES; EVALUATION OF COURSES OF TREATMENT AND OUTCOMES BASED    1,100        

ON CURRENT MEDICAL RESEARCH, KNOWLEDGE, STANDARDS, AND PRACTICE                 

GUIDELINES; AND COLLECTION AND ANALYSIS OF INFORMATION SPECIFIC    1,101        

TO ENROLLEES OR PROVIDERS;                                         1,102        

      (d)  COMPARE QUALITY ASSURANCE PROGRAM FINDINGS WITH PAST    1,104        

PERFORMANCE, INTERNAL GOALS, AND EXTERNAL STANDARDS;               1,106        

                                                          25     

                                                                 
      (e)  MEASURE THE PERFORMANCE OF PARTICIPATING PROVIDERS AND  1,108        

CONDUCT PEER REVIEW ACTIVITIES;                                    1,109        

      (f)  UTILIZE TREATMENT PROTOCOLS AND PRACTICE PARAMETERS     1,111        

DEVELOPED WITH APPROPRIATE CLINICAL INPUT;                         1,112        

      (g)  IMPLEMENT IMPROVEMENT STRATEGIES RELATED TO QUALITY     1,114        

ASSURANCE PROGRAM FINDINGS;                                        1,115        

      (h)  EVALUATE PERIODICALLY, BUT NOT LESS THAN ANNUALLY, THE  1,117        

EFFECTIVENESS OF THE IMPROVEMENT STRATEGIES.                       1,118        

      Sec. 1751.75.  A HEALTH INSURING CORPORATION MAY PRESENT     1,120        

EVIDENCE OF COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS 1751.73   1,121        

AND 1751.74 OF THE REVISED CODE BY SUBMITTING CERTIFICATION TO     1,122        

THE SUPERINTENDENT OF INSURANCE OF ITS ACCREDITATION BY AN         1,123        

INDEPENDENT, PRIVATE ACCREDITING ORGANIZATION, SUCH AS THE                      

NATIONAL COMMITTEE ON QUALITY ASSURANCE, THE JOINT COMMISSION ON   1,124        

ACCREDITATION OF HEALTH CARE ORGANIZATIONS, OR THE AMERICAN        1,125        

ACCREDITATION HEALTHCARE COMMISSION/UTILIZATION REVIEW             1,127        

ACCREDITATION COMMISSION.  THE SUPERINTENDENT, UPON REVIEW OF THE  1,128        

ORGANIZATION'S ACCREDITATION PROCESS, MAY DETERMINE THAT SUCH      1,129        

ACCREDITATION CONSTITUTES COMPLIANCE BY THE HEALTH INSURING        1,130        

CORPORATION WITH THE REQUIREMENTS OF THESE SECTIONS.               1,131        

      Sec. 1751.77.  AS USED IN SECTIONS 1751.77 TO 1751.86 OF     1,133        

THE REVISED CODE, UNLESS OTHERWISE SPECIFICALLY PROVIDED:          1,134        

      (A)  "ADVERSE DETERMINATION" MEANS A DETERMINATION BY A      1,136        

HEALTH INSURING CORPORATION OR ITS DESIGNEE UTILIZATION REVIEW     1,137        

ORGANIZATION THAT AN ADMISSION, AVAILABILITY OF CARE, CONTINUED    1,139        

STAY, OR OTHER HEALTH CARE SERVICE COVERED UNDER A POLICY,         1,140        

CONTRACT, OR AGREEMENT OF THE HEALTH INSURING CORPORATION HAS      1,142        

BEEN REVIEWED AND, BASED UPON THE INFORMATION PROVIDED, THE        1,143        

HEALTH CARE SERVICE DOES NOT MEET THE HEALTH INSURING              1,145        

CORPORATION'S REQUIREMENTS FOR BENEFIT PAYMENT, AND IS THEREFORE   1,146        

DENIED, REDUCED, OR TERMINATED.                                                 

      (B)  "AMBULATORY REVIEW" MEANS UTILIZATION REVIEW OF HEALTH  1,148        

CARE SERVICES PERFORMED OR PROVIDED IN AN OUTPATIENT SETTING.      1,149        

      (C)  "CASE MANAGEMENT" MEANS A COORDINATED SET OF            1,151        

                                                          26     

                                                                 
ACTIVITIES CONDUCTED FOR INDIVIDUAL PATIENT MANAGEMENT OF          1,152        

SERIOUS, COMPLICATED, PROTRACTED, OR OTHER SPECIFIED HEALTH        1,153        

CONDITIONS.                                                                     

      (D)  "CERTIFICATION" MEANS A DETERMINATION BY A HEALTH       1,155        

INSURING CORPORATION OR ITS DESIGNEE UTILIZATION REVIEW            1,157        

ORGANIZATION THAT AN ADMISSION, AVAILABILITY OF CARE, CONTINUED    1,158        

STAY, OR OTHER HEALTH CARE SERVICE COVERED UNDER A POLICY,         1,159        

CONTRACT, OR AGREEMENT OF THE HEALTH INSURING CORPORATION HAS      1,161        

BEEN REVIEWED AND, BASED UPON THE INFORMATION PROVIDED, THE        1,162        

HEALTH CARE SERVICE SATISFIES THE HEALTH INSURING CORPORATION'S    1,163        

REQUIREMENTS FOR BENEFIT PAYMENT.                                  1,164        

      (E)  "CLINICAL PEER" MEANS A PHYSICIAN WHEN AN EVALUATION    1,167        

IS TO BE MADE OF THE CLINICAL APPROPRIATENESS OF HEALTH CARE       1,168        

SERVICES PROVIDED BY A PHYSICIAN.  IF AN EVALUATION IS TO BE MADE  1,169        

OF THE CLINICAL APPROPRIATENESS OF HEALTH CARE SERVICES PROVIDED   1,170        

BY A PROVIDER WHO IS NOT A PHYSICIAN, "CLINICAL PEER" MEANS        1,171        

EITHER A PHYSICIAN OR A PROVIDER HOLDING THE SAME LICENSE AS THE   1,172        

PROVIDER WHO PROVIDED THE HEALTH CARE SERVICES.                    1,173        

      (F)  "CLINICAL REVIEW CRITERIA" MEANS THE WRITTEN SCREENING  1,175        

PROCEDURES, DECISION ABSTRACTS, CLINICAL PROTOCOLS, AND PRACTICE   1,176        

GUIDELINES USED BY A HEALTH INSURING CORPORATION TO DETERMINE THE  1,177        

NECESSITY AND APPROPRIATENESS OF HEALTH CARE SERVICES.             1,179        

      (G)  "CONCURRENT REVIEW" MEANS UTILIZATION REVIEW CONDUCTED  1,181        

DURING A PATIENT'S HOSPITAL STAY OR COURSE OF TREATMENT.           1,182        

      (H)  "DISCHARGE PLANNING" MEANS THE FORMAL PROCESS FOR       1,184        

DETERMINING, PRIOR TO A PATIENT'S DISCHARGE FROM A HEALTH CARE     1,185        

FACILITY, THE COORDINATION AND MANAGEMENT OF THE CARE THAT THE     1,187        

PATIENT IS TO RECEIVE FOLLOWING DISCHARGE FROM A HEALTH CARE       1,188        

FACILITY.                                                          1,189        

      (I)  "PARTICIPATING PROVIDER" MEANS A PROVIDER OR HEALTH     1,191        

CARE FACILITY THAT, UNDER A CONTRACT WITH A HEALTH INSURING        1,193        

CORPORATION OR WITH ITS CONTRACTOR OR SUBCONTRACTOR, HAS AGREED    1,195        

TO PROVIDE HEALTH CARE SERVICES TO ENROLLEES WITH AN EXPECTATION                

OF RECEIVING PAYMENT, OTHER THAN COINSURANCE, COPAYMENTS, OR       1,196        

                                                          27     

                                                                 
DEDUCTIBLES, DIRECTLY OR INDIRECTLY FROM THE HEALTH INSURING       1,197        

CORPORATION.                                                                    

      (J)  "PHYSICIAN" MEANS A PROVIDER AUTHORIZED UNDER CHAPTER   1,200        

4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR      1,203        

OSTEOPATHIC MEDICINE AND SURGERY.                                               

      (K)  "PROSPECTIVE REVIEW" MEANS UTILIZATION REVIEW THAT IS   1,205        

CONDUCTED PRIOR TO AN ADMISSION OR A COURSE OF TREATMENT.          1,206        

      (L)  "RETROSPECTIVE REVIEW" MEANS UTILIZATION REVIEW OF      1,208        

MEDICAL NECESSITY THAT IS CONDUCTED AFTER HEALTH CARE SERVICES     1,209        

HAVE BEEN PROVIDED TO A PATIENT.  "RETROSPECTIVE REVIEW" DOES NOT  1,211        

INCLUDE THE REVIEW OF A CLAIM THAT IS LIMITED TO AN EVALUATION OF  1,212        

REIMBURSEMENT LEVELS, VERACITY OF DOCUMENTATION, ACCURACY OF       1,213        

CODING, OR ADJUDICATION OF PAYMENT.                                             

      (M)  "SECOND OPINION" MEANS AN OPPORTUNITY OR REQUIREMENT    1,215        

TO OBTAIN A CLINICAL EVALUATION BY A PROVIDER OTHER THAN THE       1,216        

PROVIDER ORIGINALLY MAKING A RECOMMENDATION FOR PROPOSED HEALTH    1,217        

CARE SERVICES TO ASSESS THE CLINICAL NECESSITY AND                 1,218        

APPROPRIATENESS OF THE PROPOSED HEALTH CARE SERVICES.              1,219        

      (N)  "UTILIZATION REVIEW" MEANS A PROCESS USED TO MONITOR    1,221        

THE USE OF, OR EVALUATE THE CLINICAL NECESSITY, APPROPRIATENESS,   1,222        

EFFICACY, OR EFFICIENCY OF, HEALTH CARE SERVICES, PROCEDURES, OR   1,223        

SETTINGS.  AREAS OF REVIEW MAY INCLUDE AMBULATORY REVIEW,          1,224        

PROSPECTIVE REVIEW, SECOND OPINION, CERTIFICATION, CONCURRENT      1,225        

REVIEW, CASE MANAGEMENT, DISCHARGE PLANNING, OR RETROSPECTIVE      1,226        

REVIEW.                                                                         

      (O)  "UTILIZATION REVIEW ORGANIZATION" MEANS AN ENTITY THAT  1,228        

CONDUCTS UTILIZATION REVIEW, OTHER THAN A HEALTH INSURING          1,229        

CORPORATION PERFORMING A REVIEW OF ITS OWN HEALTH CARE PLANS.      1,231        

      Sec. 1751.78.  (A)(1)  SECTIONS 1751.77 TO 1751.86 OF THE    1,234        

REVISED CODE APPLY TO ANY HEALTH INSURING CORPORATION THAT         1,235        

PROVIDES OR PERFORMS UTILIZATION REVIEW SERVICES IN CONNECTION     1,236        

WITH ITS POLICIES, CONTRACTS, AND AGREEMENTS PROVIDING BASIC                    

HEALTH CARE SERVICES AND TO ANY DESIGNEE OF THE HEALTH INSURING    1,237        

CORPORATION, OR TO ANY UTILIZATION REVIEW ORGANIZATION THAT        1,239        

                                                          28     

                                                                 
PERFORMS UTILIZATION REVIEW FUNCTIONS ON BEHALF OF THE HEALTH      1,240        

INSURING CORPORATION IN CONNECTION WITH POLICIES, CONTRACTS, OR    1,241        

AGREEMENTS OF THE HEALTH INSURING CORPORATION PROVIDING BASIC                   

HEALTH CARE SERVICES.                                              1,242        

      (2)  NOTHING IN SECTIONS 1751.77 TO 1751.82 OR SECTION       1,244        

1751.85 OF THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE A        1,246        

HEALTH INSURING CORPORATION TO PROVIDE OR PERFORM UTILIZATION      1,247        

REVIEW SERVICES IN CONNECTION WITH HEALTH CARE SERVICES PROVIDED   1,248        

UNDER A POLICY, PLAN, OR AGREEMENT OF SUPPLEMENTAL HEALTH CARE     1,249        

SERVICES OR SPECIALTY HEALTH CARE SERVICES.                        1,250        

      (B)(1)  EACH HEALTH INSURING CORPORATION SHALL BE            1,253        

RESPONSIBLE FOR MONITORING ALL UTILIZATION REVIEW ACTIVITIES       1,254        

CARRIED OUT BY, OR ON BEHALF OF, THE HEALTH INSURING CORPORATION   1,255        

AND FOR ENSURING THAT ALL REQUIREMENTS OF SECTIONS 1751.77 TO      1,256        

1751.86 OF THE REVISED CODE, AND ANY RULES ADOPTED THEREUNDER,     1,258        

ARE MET.  THE HEALTH INSURING CORPORATION SHALL ALSO ENSURE THAT                

APPROPRIATE PERSONNEL HAVE OPERATIONAL RESPONSIBILITY FOR THE      1,259        

CONDUCT OF THE HEALTH INSURING CORPORATION'S UTILIZATION REVIEW    1,260        

PROGRAM.                                                           1,261        

      (2)  IF A HEALTH INSURING CORPORATION CONTRACTS TO HAVE A    1,263        

UTILIZATION REVIEW ORGANIZATION OR OTHER ENTITY PERFORM THE        1,264        

UTILIZATION REVIEW FUNCTIONS REQUIRED BY SECTIONS 1751.77 TO       1,265        

1751.86 OF THE REVISED CODE, AND ANY RULES ADOPTED THEREUNDER,     1,268        

THE SUPERINTENDENT OF INSURANCE SHALL HOLD THE HEALTH INSURING     1,269        

CORPORATION RESPONSIBLE FOR MONITORING THE ACTIVITIES OF THE                    

UTILIZATION REVIEW ORGANIZATION OR OTHER ENTITY AND FOR ENSURING   1,270        

THAT THE REQUIREMENTS OF THOSE SECTIONS AND RULES ARE MET.         1,272        

      Sec. 1751.79.  A HEALTH INSURING CORPORATION THAT CONDUCTS   1,274        

UTILIZATION REVIEW SHALL PREPARE A WRITTEN UTILIZATION REVIEW      1,275        

PROGRAM THAT DESCRIBES ALL REVIEW ACTIVITIES, BOTH DELEGATED AND   1,276        

NONDELEGATED, FOR COVERED HEALTH CARE SERVICES PROVIDED,           1,278        

INCLUDING THE FOLLOWING:                                                        

      (A)  PROCEDURES TO EVALUATE THE CLINICAL NECESSITY,          1,280        

APPROPRIATENESS, EFFICACY, OR EFFICIENCY OF HEALTH CARE SERVICES;  1,282        

                                                          29     

                                                                 
      (B)  THE USE OF DATA SOURCES AND CLINICAL REVIEW CRITERIA    1,284        

IN MAKING DECISIONS;                                               1,286        

      (C)  MECHANISMS TO ENSURE CONSISTENT APPLICATION OF          1,288        

CRITERIA AND COMPATIBLE DECISIONS;                                 1,289        

      (D)  DATA COLLECTION PROCESSES AND ANALYTICAL METHODS USED   1,291        

IN ASSESSING UTILIZATION OF HEALTH CARE SERVICES;                  1,293        

      (E)  MECHANISMS FOR ASSURING CONFIDENTIALITY OF CLINICAL     1,295        

AND PROPRIETARY INFORMATION;                                       1,296        

      (F)  THE PERIODIC ASSESSMENT OF UTILIZATION REVIEW           1,298        

ACTIVITIES, AND THE REPORTING OF THESE ASSESSMENTS TO THE HEALTH   1,299        

INSURING CORPORATION'S BOARD, BY A UTILIZATION REVIEW COMMITTEE,   1,300        

A QUALITY ASSURANCE COMMITTEE, OR ANY SIMILAR COMMITTEE;           1,301        

      (G)  THE FUNCTIONAL RESPONSIBILITY FOR DAY-TO-DAY PROGRAM    1,304        

MANAGEMENT BY STAFF;                                                            

      (H)  DEFINED METHODS BY WHICH GUIDELINES ARE APPROVED AND    1,306        

COMMUNICATED TO PROVIDERS AND HEALTH CARE FACILITIES.              1,307        

      Sec. 1751.80.  THE UTILIZATION REVIEW PROGRAM OF A HEALTH    1,309        

INSURING CORPORATION SHALL BE IMPLEMENTED IN ACCORDANCE WITH ALL   1,310        

OF THE FOLLOWING:                                                  1,311        

      (A)  THE PROGRAM SHALL USE DOCUMENTED CLINICAL REVIEW        1,314        

CRITERIA THAT ARE BASED ON SOUND CLINICAL EVIDENCE AND ARE         1,315        

EVALUATED PERIODICALLY TO ASSURE ONGOING EFFICACY.  A HEALTH       1,316        

INSURING CORPORATION MAY DEVELOP ITS OWN CLINICAL REVIEW CRITERIA  1,317        

OR MAY PURCHASE OR LICENSE SUCH CRITERIA FROM QUALIFIED VENDORS.   1,318        

A HEALTH INSURING CORPORATION SHALL MAKE ITS CLINICAL REVIEW       1,319        

RATIONALE AVAILABLE UPON REQUEST TO AUTHORIZED GOVERNMENT                       

AGENCIES.  THE RATIONALE MADE AVAILABLE TO AUTHORIZED GOVERNMENT   1,320        

AGENCIES IS CONFIDENTIAL AND IS NOT A PUBLIC RECORD AS DEFINED IN  1,322        

SECTION 149.43 OF THE REVISED CODE.                                1,324        

      (B)  QUALIFIED PROVIDERS SHALL ADMINISTER THE PROGRAM AND    1,327        

OVERSEE REVIEW DETERMINATIONS.  A CLINICAL PEER IN THE SAME, OR    1,329        

IN A SIMILAR, SPECIALTY AS TYPICALLY MANAGES THE MEDICAL                        

CONDITION, PROCEDURE, OR TREATMENT UNDER REVIEW SHALL EVALUATE     1,330        

THE CLINICAL APPROPRIATENESS OF ADVERSE DETERMINATIONS THAT ARE    1,331        

                                                          30     

                                                                 
THE SUBJECT OF AN APPEAL.                                          1,332        

      (C)  THE HEALTH INSURING CORPORATION SHALL ISSUE             1,335        

UTILIZATION REVIEW DETERMINATIONS IN A TIMELY MANNER PURSUANT TO   1,336        

THE REQUIREMENTS OF SECTIONS 1751.81 AND 1751.82 OF THE REVISED    1,338        

CODE AND THE ENROLLEE GRIEVANCE REQUIREMENTS.  THE HEALTH          1,339        

INSURING CORPORATION SHALL OBTAIN INFORMATION REQUIRED TO MAKE A   1,341        

UTILIZATION REVIEW DETERMINATION, INCLUDING PERTINENT CLINICAL                  

INFORMATION, AND SHALL ESTABLISH A PROCESS TO ENSURE THAT          1,342        

UTILIZATION REVIEWERS APPLY CLINICAL REVIEW CRITERIA               1,343        

CONSISTENTLY.                                                      1,344        

      (D)  IF THE HEALTH INSURING CORPORATION DELEGATES ANY        1,347        

UTILIZATION REVIEW ACTIVITIES TO A UTILIZATION REVIEW              1,348        

ORGANIZATION, THE HEALTH INSURING CORPORATION SHALL MAINTAIN       1,349        

ADEQUATE OVERSIGHT, INCLUDING A PROCESS BY WHICH THE HEALTH        1,350        

INSURING CORPORATION EVALUATES THE PERFORMANCE OF THE              1,351        

ORGANIZATION, AND SHALL MAINTAIN COPIES OF BOTH OF THE FOLLOWING:  1,353        

      (1)  A WRITTEN DESCRIPTION OF THE ORGANIZATION'S ACTIVITIES  1,356        

AND RESPONSIBILITIES, INCLUDING REPORTING REQUIREMENTS;            1,357        

      (2)  EVIDENCE OF FORMAL APPROVAL OF THE ORGANIZATION'S       1,359        

PROGRAM BY THE HEALTH INSURING CORPORATION.                        1,360        

      (E)  THE HEALTH INSURING CORPORATION OR ITS DESIGNEE         1,363        

UTILIZATION REVIEW ORGANIZATION SHALL PROVIDE ENROLLEES AND        1,364        

PARTICIPATING PROVIDERS WITH ACCESS TO ITS REVIEW STAFF BY MEANS   1,365        

OF A TOLL-FREE TELEPHONE NUMBER OR COLLECT-CALL TELEPHONE LINE.    1,366        

      (F)  WHEN CONDUCTING PROSPECTIVE OR CONCURRENT REVIEW, THE   1,369        

HEALTH INSURING CORPORATION OR ITS DESIGNEE UTILIZATION REVIEW     1,370        

ORGANIZATION SHALL COLLECT ONLY THE INFORMATION NECESSARY TO       1,371        

CERTIFY THE ADMISSION, PROCEDURE OR TREATMENT, LENGTH OF STAY,     1,372        

FREQUENCY, AND DURATION OF HEALTH CARE SERVICES.                   1,373        

      (G)  COMPENSATION TO PERSONS PROVIDING UTILIZATION REVIEW    1,376        

SERVICES FOR THE HEALTH INSURING CORPORATION SHALL NOT CONTAIN     1,377        

INCENTIVES, DIRECT OR INDIRECT, FOR THEM TO MAKE INAPPROPRIATE     1,378        

REVIEW DECISIONS.                                                               

      Sec. 1751.81.  (A)  AS USED IN THIS SECTION:                 1,380        

                                                          31     

                                                                 
      (1)  "ENROLLEE" INCLUDES THE REPRESENTATIVE OF AN ENROLLEE.  1,382        

      (2)  "NECESSARY INFORMATION" INCLUDES THE RESULTS OF ANY     1,384        

FACE-TO-FACE CLINICAL EVALUATION OR SECOND OPINION THAT MAY BE     1,386        

REQUIRED.                                                                       

      (B)  A HEALTH INSURING CORPORATION SHALL MAINTAIN WRITTEN    1,388        

PROCEDURES FOR MAKING UTILIZATION REVIEW DETERMINATIONS AND FOR    1,390        

NOTIFYING ENROLLEES, AND PARTICIPATING PROVIDERS AND HEALTH CARE   1,392        

FACILITIES ACTING ON BEHALF OF ENROLLEES, OF ITS DETERMINATIONS.   1,393        

      (C)  FOR INITIAL DETERMINATIONS, A HEALTH INSURING           1,395        

CORPORATION SHALL MAKE THE DETERMINATION WITHIN TWO BUSINESS DAYS  1,397        

AFTER OBTAINING ALL NECESSARY INFORMATION REGARDING A PROPOSED     1,399        

ADMISSION, PROCEDURE, OR HEALTH CARE SERVICE REQUIRING A REVIEW    1,400        

DETERMINATION.                                                     1,401        

      (1)  IN THE CASE OF A DETERMINATION TO CERTIFY AN            1,403        

ADMISSION, PROCEDURE, OR HEALTH CARE SERVICE, THE HEALTH INSURING  1,404        

CORPORATION SHALL NOTIFY THE PROVIDER OR HEALTH CARE FACILITY      1,405        

RENDERING THE HEALTH CARE SERVICE BY TELEPHONE WITHIN THREE        1,406        

BUSINESS DAYS AFTER MAKING THE INITIAL CERTIFICATION, AND SHALL    1,408        

PROVIDE WRITTEN OR ELECTRONIC CONFIRMATION OF THE TELEPHONE                     

NOTIFICATION TO THE ENROLLEE AND THE PROVIDER OR HEALTH CARE       1,409        

FACILITY WITHIN TWO BUSINESS DAYS AFTER MAKING THE TELEPHONE       1,411        

NOTIFICATION.                                                                   

      (2)  IN THE CASE OF AN ADVERSE DETERMINATION, THE HEALTH     1,413        

INSURING CORPORATION SHALL NOTIFY THE PROVIDER OR HEALTH CARE      1,415        

FACILITY RENDERING THE HEALTH CARE SERVICE BY TELEPHONE WITHIN     1,416        

THREE BUSINESS DAYS AFTER MAKING THE ADVERSE DETERMINATION, AND    1,417        

SHALL PROVIDE WRITTEN OR ELECTRONIC CONFIRMATION OF THE TELEPHONE  1,418        

NOTIFICATION TO THE ENROLLEE AND THE PROVIDER OR HEALTH CARE       1,419        

FACILITY WITHIN ONE BUSINESS DAY AFTER MAKING THE TELEPHONE        1,420        

NOTIFICATION.                                                                   

      (D)  FOR CONCURRENT REVIEW DETERMINATIONS, A HEALTH          1,422        

INSURING CORPORATION SHALL MAKE THE DETERMINATION WITHIN ONE       1,424        

BUSINESS DAY AFTER OBTAINING ALL NECESSARY INFORMATION.            1,425        

      (1)  IN THE CASE OF A DETERMINATION TO CERTIFY AN EXTENDED   1,427        

                                                          32     

                                                                 
STAY OR ADDITIONAL HEALTH CARE SERVICES, THE HEALTH INSURING       1,428        

CORPORATION SHALL NOTIFY THE PROVIDER OR HEALTH CARE FACILITY      1,429        

RENDERING THE HEALTH CARE SERVICE BY TELEPHONE WITHIN ONE          1,430        

BUSINESS DAY AFTER MAKING THE CERTIFICATION, AND SHALL PROVIDE     1,432        

WRITTEN OR ELECTRONIC CONFIRMATION TO THE ENROLLEE AND THE                      

PROVIDER OR HEALTH CARE FACILITY WITHIN ONE BUSINESS DAY AFTER     1,433        

THE TELEPHONE NOTIFICATION.  THE WRITTEN NOTIFICATION SHALL        1,434        

INCLUDE THE NUMBER OF EXTENDED DAYS OR NEXT REVIEW DATE, THE NEW   1,435        

TOTAL NUMBER OF DAYS OF HEALTH CARE SERVICES APPROVED, AND THE     1,437        

DATE OF ADMISSION OR INITIATION OF HEALTH CARE SERVICES.                        

      (2)  IN THE CASE OF AN ADVERSE DETERMINATION, THE HEALTH     1,439        

INSURING CORPORATION SHALL NOTIFY THE PROVIDER OR HEALTH CARE      1,440        

FACILITY RENDERING THE HEALTH CARE SERVICE BY TELEPHONE WITHIN     1,441        

ONE BUSINESS DAY AFTER MAKING THE ADVERSE DETERMINATION, AND       1,442        

SHALL PROVIDE WRITTEN OR ELECTRONIC CONFIRMATION TO THE ENROLLEE   1,443        

AND THE PROVIDER OR HEALTH CARE FACILITY WITHIN ONE BUSINESS DAY   1,444        

AFTER THE TELEPHONE NOTIFICATION.  THE HEALTH CARE SERVICE TO THE  1,445        

ENROLLEE SHALL BE CONTINUED, WITH STANDARD COPAYMENTS AND          1,447        

DEDUCTIBLES, IF APPLICABLE, UNTIL THE ENROLLEE HAS BEEN NOTIFIED   1,448        

OF THE DETERMINATION.                                              1,449        

      (E)  FOR RETROSPECTIVE REVIEW DETERMINATIONS, A HEALTH       1,451        

INSURING CORPORATION SHALL MAKE THE DETERMINATION WITHIN THIRTY    1,454        

BUSINESS DAYS AFTER RECEIVING ALL NECESSARY INFORMATION.           1,455        

      (1)  IN THE CASE OF A CERTIFICATION, THE HEALTH INSURING     1,457        

CORPORATION MAY NOTIFY THE ENROLLEE AND THE PROVIDER OR HEALTH     1,459        

CARE FACILITY RENDERING THE HEALTH CARE SERVICE IN WRITING.        1,460        

      (2)  IN THE CASE OF AN ADVERSE DETERMINATION, THE HEALTH     1,462        

INSURING CORPORATION SHALL NOTIFY THE ENROLLEE AND THE PROVIDER    1,464        

OR HEALTH CARE FACILITY RENDERING THE HEALTH CARE SERVICE, IN      1,465        

WRITING, WITHIN FIVE BUSINESS DAYS AFTER MAKING THE ADVERSE        1,466        

DETERMINATION.                                                                  

      (F)  THE TIME FRAMES SET FORTH IN DIVISIONS (C), (D), AND    1,469        

(E) OF THIS SECTION FOR DETERMINATIONS AND NOTIFICATIONS SHALL     1,470        

PREVAIL UNLESS THE SERIOUSNESS OF THE MEDICAL CONDITION OF THE     1,471        

                                                          33     

                                                                 
ENROLLEE OTHERWISE REQUIRES A MORE TIMELY RESPONSE FROM THE                     

HEALTH INSURING CORPORATION.  THE HEALTH INSURING CORPORATION      1,472        

SHALL MAINTAIN WRITTEN PROCEDURES FOR MAKING EXPEDITED             1,474        

UTILIZATION REVIEW DETERMINATIONS AND NOTIFICATIONS OF ENROLLEES   1,475        

AND PROVIDERS OR HEALTH CARE FACILITIES WHEN WARRANTED BY THE      1,476        

MEDICAL CONDITION OF THE ENROLLEE.                                 1,477        

      (G)  A WRITTEN NOTIFICATION OF AN ADVERSE DETERMINATION      1,479        

SHALL INCLUDE THE PRINCIPAL REASON OR REASONS FOR THE              1,480        

DETERMINATION, INSTRUCTIONS FOR INITIATING AN APPEAL OR            1,481        

RECONSIDERATION OF THE DETERMINATION, AND INSTRUCTIONS FOR         1,482        

REQUESTING A WRITTEN STATEMENT OF THE CLINICAL RATIONALE USED TO   1,483        

MAKE THE DETERMINATION.  A HEALTH INSURING CORPORATION SHALL                    

PROVIDE THE CLINICAL RATIONALE FOR AN ADVERSE DETERMINATION IN     1,485        

WRITING TO ANY PARTY WHO RECEIVED NOTICE OF THE ADVERSE            1,487        

DETERMINATION AND WHO FOLLOWS THE INSTRUCTIONS FOR A REQUEST.      1,488        

      (H)  A HEALTH INSURING CORPORATION SHALL HAVE WRITTEN        1,490        

PROCEDURES TO ADDRESS THE FAILURE OR INABILITY OF A HEALTH CARE    1,493        

FACILITY, PROVIDER, OR ENROLLEE TO PROVIDE ALL NECESSARY           1,495        

INFORMATION FOR REVIEW.  IF THE HEALTH CARE FACILITY, PROVIDER,                 

OR ENROLLEE WILL NOT RELEASE NECESSARY INFORMATION, THE HEALTH     1,497        

INSURING CORPORATION MAY DENY CERTIFICATION.                       1,498        

      Sec. 1751.82.  (A)  IN A CASE INVOLVING AN INITIAL           1,501        

DETERMINATION OR A CONCURRENT REVIEW DETERMINATION, A HEALTH       1,502        

INSURING CORPORATION SHALL GIVE THE PROVIDER OR HEALTH CARE        1,503        

FACILITY RENDERING THE HEALTH CARE SERVICE AN OPPORTUNITY TO       1,504        

REQUEST IN WRITING ON BEHALF OF THE ENROLLEE A RECONSIDERATION OF  1,505        

AN ADVERSE DETERMINATION BY THE REVIEWER MAKING THE ADVERSE        1,506        

DETERMINATION.  THE RECONSIDERATION SHALL OCCUR WITHIN THREE       1,507        

BUSINESS DAYS AFTER THE HEALTH INSURING CORPORATION'S RECEIPT OF   1,508        

THE WRITTEN REQUEST FOR RECONSIDERATION, AND SHALL BE CONDUCTED    1,509        

BETWEEN THE PROVIDER OR HEALTH CARE FACILITY RENDERING THE HEALTH  1,510        

CARE SERVICE AND THE REVIEWER WHO MADE THE ADVERSE DETERMINATION.  1,512        

IF THAT REVIEWER CANNOT BE AVAILABLE WITHIN THREE BUSINESS DAYS,   1,513        

THE REVIEWER MAY DESIGNATE ANOTHER REVIEWER.                                    

                                                          34     

                                                                 
      (B)  IF THE RECONSIDERATION PROCESS DESCRIBED IN DIVISION    1,516        

(A) OF THIS SECTION DOES NOT RESOLVE THE DIFFERENCE OF OPINION,    1,517        

THE ADVERSE DETERMINATION MAY BE APPEALED BY THE ENROLLEE OR THE   1,518        

PROVIDER OR HEALTH CARE FACILITY ON BEHALF OF THE ENROLLEE.        1,519        

      (C)  RECONSIDERATION IS NOT A PREREQUISITE TO A STANDARD OR  1,521        

EXPEDITED APPEAL OF AN ADVERSE DETERMINATION.                      1,522        

      (D)  THE TIME PERIOD ALLOWED BY DIVISION (A) OF THIS         1,525        

SECTION FOR A RECONSIDERATION OF AN ADVERSE DETERMINATION SHALL    1,526        

NOT APPLY IF THE SERIOUSNESS OF THE MEDICAL CONDITION OF THE       1,527        

ENROLLEE REQUIRES A MORE EXPEDITED RECONSIDERATION.  THE HEALTH    1,528        

INSURING CORPORATION SHALL MAINTAIN WRITTEN PROCEDURES FOR MAKING  1,529        

SUCH AN EXPEDITED RECONSIDERATION.                                 1,530        

      Sec. 1751.83.  A HEALTH INSURING CORPORATION MAY PRESENT     1,533        

EVIDENCE OF COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS 1751.77   1,534        

TO 1751.82 OF THE REVISED CODE BY SUBMITTING EVIDENCE TO THE       1,535        

SUPERINTENDENT OF INSURANCE OF ITS ACCREDITATION BY AN                          

INDEPENDENT, PRIVATE ACCREDITING ORGANIZATION, SUCH AS THE         1,536        

NATIONAL COMMITTEE ON QUALITY ASSURANCE, THE JOINT COMMISSION ON   1,537        

ACCREDITATION OF HEALTH CARE ORGANIZATIONS, OR THE AMERICAN        1,538        

ACCREDITATION HEALTHCARE COMMISSION/UTILIZATION REVIEW             1,539        

ACCREDITATION COMMISSION.  THE SUPERINTENDENT, UPON REVIEW OF THE  1,541        

ORGANIZATION'S ACCREDITATION PROCESS, MAY DETERMINE THAT SUCH      1,542        

ACCREDITATION CONSTITUTES COMPLIANCE BY THE HEALTH INSURING                     

CORPORATION WITH THE REQUIREMENTS OF THESE SECTIONS.               1,543        

      Sec. 1751.84.  EACH PARTICIPATING PROVIDER OR HEALTH CARE    1,545        

FACILITY SUBMITTING A CLAIM SHALL COOPERATE WITH THE UTILIZATION   1,547        

REVIEW PROGRAM OF A HEALTH INSURING CORPORATION OR UTILIZATION                  

REVIEW ORGANIZATION AND SHALL PROVIDE THE HEALTH INSURING          1,548        

CORPORATION OR ITS DESIGNEE ACCESS TO AN ENROLLEE'S MEDICAL        1,549        

RECORDS DURING REGULAR BUSINESS HOURS, OR COPIES OF THOSE RECORDS  1,550        

AT A REASONABLE COST.                                              1,551        

      Sec. 1751.85.  A HEALTH INSURING CORPORATION SHALL ANNUALLY  1,553        

FILE A CERTIFICATE WITH THE SUPERINTENDENT OF INSURANCE            1,554        

CERTIFYING ITS COMPLIANCE WITH SECTIONS 1751.77 TO 1751.82 OF THE  1,555        

                                                          35     

                                                                 
REVISED CODE.                                                      1,557        

      Sec. 1751.86.  (A)  NO HEALTH INSURING CORPORATION SHALL     1,560        

FAIL TO COMPLY WITH SECTIONS 1751.77 TO 1751.82 OF THE REVISED     1,561        

CODE.                                                                           

      (B)  WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS        1,564        

DEEMED TO HAVE ENGAGED IN AN UNFAIR AND DECEPTIVE ACT OR PRACTICE  1,566        

IN THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19 TO 3901.26 OF  1,567        

THE REVISED CODE.                                                               

      Sec. 1753.01.  AS USED IN THIS CHAPTER:                      1,569        

      (A)  "ECONOMIC PROFILING" MEANS A HEALTH INSURING            1,571        

CORPORATION'S USE OF ECONOMIC PERFORMANCE DATA AND ECONOMIC        1,572        

INFORMATION IN DETERMINING WHETHER TO CONTRACT WITH A PROVIDER     1,573        

FOR THE PROVISION OF COVERED HEALTH CARE SERVICES TO ENROLLEES AS  1,575        

A PARTICIPATING PROVIDER.                                                       

      (B)  "BASIC HEALTH CARE SERVICES," "ENROLLEE," "HEALTH CARE  1,577        

FACILITY," "HEALTH CARE SERVICES," "HEALTH INSURING CORPORATION,"  1,578        

"MEDICAL RECORD," "PROVIDER," AND "SUPPLEMENTAL HEALTH CARE        1,579        

SERVICES" HAVE THE SAME MEANINGS AS IN SECTION 1751.01 OF THE      1,581        

REVISED CODE.                                                                   

      Sec. 1753.03.  THE SUPERINTENDENT OF INSURANCE SHALL         1,583        

PRESCRIBE A STANDARD CREDENTIALING FORM TO BE USED BY ALL HEALTH   1,584        

INSURING CORPORATIONS WHEN CREDENTIALING PROVIDERS IN CONNECTION   1,585        

WITH POLICIES, CONTRACTS, AND AGREEMENTS PROVIDING BASIC HEALTH    1,586        

CARE SERVICES.  THE DIRECTOR OF HEALTH MAY MAKE RECOMMENDATIONS    1,587        

TO THE SUPERINTENDENT FOR SUCH A STANDARD CREDENTIALING FORM.  IF  1,588        

THE DIRECTOR MAKES SUCH RECOMMENDATIONS, THE DIRECTOR SHALL TAKE   1,589        

INTO CONSIDERATION THE STANDARD CREDENTIALING FORMS DEVELOPED BY   1,590        

THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, THE AMERICAN  1,592        

MEDICAL ASSOCIATION, THE AMERICAN ASSOCIATION OF HEALTH PLANS,     1,594        

AND ANY OTHER NATIONAL ORGANIZATION THAT HAS DEVELOPED SUCH A      1,595        

FORM.  IN PRESCRIBING A STANDARD CREDENTIALING FORM, THE           1,596        

SUPERINTENDENT SHALL CONSIDER ANY RECOMMENDATIONS MADE BY THE      1,597        

DIRECTOR.  THE SUPERINTENDENT MAY AMEND OR REVISE THE PRESCRIBED   1,598        

STANDARD CREDENTIALING FORM AS NECESSARY.                                       

                                                          36     

                                                                 
      Sec. 1753.04.  BEGINNING ONE HUNDRED TWENTY DAYS AFTER THE   1,600        

SUPERINTENDENT OF INSURANCE PRESCRIBES A STANDARD CREDENTIALING    1,601        

FORM UNDER SECTION 1753.03 OF THE REVISED CODE, NO HEALTH          1,604        

INSURING CORPORATION SHALL FAIL TO USE THE PRESCRIBED STANDARD     1,605        

CREDENTIALING FORM WHEN INITIALLY CREDENTIALING OR                 1,606        

RECREDENTIALING PROVIDERS IN CONNECTION WITH POLICIES, CONTRACTS,  1,607        

AND AGREEMENTS PROVIDING BASIC HEALTH CARE SERVICES.  IF THE       1,608        

SUPERINTENDENT AMENDS OR REVISES THE STANDARD CREDENTIALING FORM,  1,610        

A HEALTH INSURING CORPORATION SHALL USE THE AMENDED OR REVISED     1,611        

FORM TO CREDENTIAL OR RECREDENTIAL PROVIDERS.                      1,612        

      A HEALTH INSURING CORPORATION MAY REQUEST SUCH INFORMATION   1,615        

FROM A PROVIDER, IN ADDITION TO THAT INFORMATION TO BE PROVIDED                 

ON THE STANDARD CREDENTIALING FORM, AS NECESSITATED BY THE HEALTH  1,617        

INSURING CORPORATION'S CREDENTIALING STANDARDS.                                 

      Sec. 1753.05.  (A)  A HEALTH INSURING CORPORATION MAY USE    1,620        

ECONOMIC PROFILING AS A FACTOR IN CREDENTIALING A PROVIDER,        1,621        

HOWEVER, SUCH ECONOMIC PROFILING SHALL TAKE INTO CONSIDERATION     1,622        

THE CASE MIX, SEVERITY OF ILLNESS, AND AGE OF PATIENTS.            1,623        

      (B)  FOR AN INITIAL APPLICANT, A HEALTH INSURING             1,625        

CORPORATION MAY REQUEST INFORMATION NECESSARY TO PERFORM AN        1,626        

ECONOMIC PROFILE.  IF INFORMATION ON CASE MIX, SEVERITY OF         1,627        

ILLNESS, AND AGE OF PATIENTS IS REQUESTED BY A HEALTH INSURING     1,628        

CORPORATION AND NOT PRODUCED BY THE APPLICANT, THE HEALTH          1,629        

INSURING CORPORATION IS NOT REQUIRED TO TAKE THESE FACTORS INTO    1,630        

CONSIDERATION IN ITS ECONOMIC PROFILE OF THE PROVIDER.             1,631        

      (C)  NOTHING IN THIS SECTION PROHIBITS A HEALTH INSURING     1,634        

CORPORATION FROM TAKING INTO CONSIDERATION THE QUALITY AND         1,635        

APPROPRIATENESS OF CARE PROVIDED BY A PROVIDER WHEN DECIDING                    

WHETHER TO EMPLOY, CONTRACT WITH, OR TERMINATE THE PROVIDER.       1,637        

      Sec. 1753.06.  A HEALTH INSURING CORPORATION SHALL NOTIFY A  1,640        

PROVIDER SEEKING TO ENTER INTO A PARTICIPATION CONTRACT WITH THE                

HEALTH INSURING CORPORATION OF THE STATUS OF THE PROVIDER'S        1,641        

APPLICATION WITHIN ONE HUNDRED TWENTY DAYS AFTER THE HEALTH        1,642        

INSURING CORPORATION'S RECEIPT OF THE PROVIDER'S COMPLETED         1,643        

                                                          37     

                                                                 
APPLICATION.  THAT TIME PERIOD MAY BE EXTENDED BY A HEALTH         1,644        

INSURING CORPORATION IF, DUE TO EXTENUATING CIRCUMSTANCES, THE     1,645        

HEALTH INSURING CORPORATION NEEDS ADDITIONAL TIME TO CONSIDER THE  1,646        

APPLICATION AND NOTIFIES THE PROVIDER OF THE REASON FOR THE        1,647        

DELAY.                                                                          

      Sec. 1753.07.  (A)  PRIOR TO ENTERING INTO A PARTICIPATION   1,650        

CONTRACT WITH A PROVIDER UNDER SECTION 1751.13 OF THE REVISED      1,651        

CODE, A HEALTH INSURING CORPORATION SHALL DISCLOSE BASIC           1,652        

INFORMATION REGARDING ITS PROGRAMS AND PROCEDURES TO THE           1,653        

PROVIDER, UPON THE PROVIDER'S REQUEST.  THE INFORMATION SHALL      1,654        

INCLUDE ALL OF THE FOLLOWING:                                                   

      (1)  HOW A PARTICIPATING PROVIDER IS REIMBURSED FOR THE      1,656        

PARTICIPATING PROVIDER'S SERVICES, INCLUDING THE RANGE AND         1,658        

STRUCTURE OF ANY FINANCIAL RISK SHARING ARRANGEMENTS, A            1,659        

DESCRIPTION OF ANY INCENTIVE PLANS, AND, IF REIMBURSED ACCORDING   1,660        

TO A TYPE OF FEE-FOR-SERVICE ARRANGEMENT, THE LEVEL OF             1,661        

REIMBURSEMENT FOR THE PARTICIPATING PROVIDER'S SERVICES;           1,662        

      (2)  HOW REFERRALS TO OTHER PARTICIPATING PROVIDERS OR TO    1,664        

NONPARTICIPATING PROVIDERS ARE MADE;                               1,665        

      (3)  THE AVAILABILITY OF DISPUTE RESOLUTION PROCEDURES AND   1,667        

THE POTENTIAL FOR COST TO BE INCURRED;                             1,668        

      (4)  HOW A PARTICIPATING PROVIDER'S NAME AND ADDRESS WILL    1,670        

BE USED IN MARKETING MATERIALS.                                    1,671        

      (B)  A HEALTH INSURING CORPORATION SHALL PROVIDE ALL OF THE  1,674        

FOLLOWING TO A PARTICIPATING PROVIDER:                                          

      (1)  ANY MATERIAL INCORPORATED BY REFERENCE INTO THE         1,676        

PARTICIPATION CONTRACT, THAT IS NOT OTHERWISE AVAILABLE AS A       1,677        

PUBLIC RECORD, IF SUCH MATERIAL AFFECTS THE PARTICIPATING          1,678        

PROVIDER;                                                                       

      (2)  ADMINISTRATIVE MANUALS RELATED TO PROVIDER              1,680        

PARTICIPATION, IF ANY;                                             1,681        

      (3)  A SIGNED AND DATED COPY OF THE FINAL PARTICIPATION      1,683        

CONTRACT.                                                          1,684        

      Sec. 1753.08.  (A)  A HEALTH INSURING CORPORATION SHALL      1,686        

                                                          38     

                                                                 
NOTIFY A PARTICIPATING PROVIDER PRIOR TO THE EFFECTIVE DATE OF AN  1,688        

AMENDMENT TO THE PARTICIPATING PROVIDER'S CONTRACT WITH THE        1,690        

HEALTH INSURING CORPORATION, AND PRIOR TO THE EFFECTIVE DATE OF                 

AN AMENDMENT TO ANY DOCUMENT INCORPORATED BY REFERENCE INTO THE    1,692        

CONTRACT IF THE AMENDMENT OF THE DOCUMENT DIRECTLY AND MATERIALLY  1,693        

AFFECTS THE PARTICIPATING PROVIDER.  SUCH AMENDMENTS SHALL NOT BE  1,695        

EFFECTIVE WITH REGARD TO A PARTICIPATING PROVIDER UNTIL THE        1,696        

PARTICIPATING PROVIDER HAS HAD REASONABLE TIME, AS DEFINED IN THE  1,697        

CONTRACT, TO EXERCISE THE PARTICIPATING PROVIDER'S RIGHT TO        1,698        

TERMINATE ITS PARTICIPATION STATUS IN ACCORDANCE WITH THE TERMS    1,699        

AND CONDITIONS OF THE CONTRACT.                                    1,700        

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY IF THE      1,703        

DELAY CAUSED BY COMPLIANCE WITH THAT DIVISION COULD RESULT IN      1,704        

IMMINENT HARM TO AN ENROLLEE OR IF THE AMENDMENT IS REQUIRED BY    1,705        

STATE OR FEDERAL LAW, RULE, OR REGULATION.                         1,706        

      Sec. 1753.09.  (A)  EXCEPT AS PROVIDED IN DIVISION (D) OF    1,709        

THIS SECTION, PRIOR TO TERMINATING THE PARTICIPATION OF A          1,710        

PROVIDER ON THE BASIS OF THE PARTICIPATING PROVIDER'S FAILURE TO   1,711        

MEET THE HEALTH INSURING CORPORATION'S STANDARDS FOR QUALITY OR    1,712        

UTILIZATION IN THE DELIVERY OF HEALTH CARE SERVICES, A HEALTH      1,714        

INSURING CORPORATION SHALL GIVE THE PARTICIPATING PROVIDER NOTICE  1,715        

OF THE REASON OR REASONS FOR ITS DECISION TO TERMINATE THE         1,716        

PROVIDER'S PARTICIPATION AND AN OPPORTUNITY TO TAKE CORRECTIVE     1,717        

ACTION.  THE HEALTH INSURING CORPORATION SHALL DEVELOP A           1,718        

PERFORMANCE IMPROVEMENT PLAN IN CONJUNCTION WITH THE                            

PARTICIPATING PROVIDER.  IF AFTER BEING AFFORDED THE OPPORTUNITY   1,719        

TO COMPLY WITH THE PERFORMANCE IMPROVEMENT PLAN, THE               1,720        

PARTICIPATING PROVIDER FAILS TO DO SO, THE HEALTH INSURING         1,721        

CORPORATION MAY TERMINATE THE PARTICIPATION OF THE PROVIDER.       1,722        

      (B)(1)  A PARTICIPATING PROVIDER WHOSE PARTICIPATION HAS     1,724        

BEEN TERMINATED UNDER DIVISION (A) OF THIS SECTION MAY APPEAL THE  1,727        

TERMINATION TO THE APPROPRIATE MEDICAL DIRECTOR OF THE HEALTH      1,728        

INSURING CORPORATION.  THE MEDICAL DIRECTOR SHALL GIVE THE         1,729        

PARTICIPATING PROVIDER AN OPPORTUNITY TO DISCUSS WITH THE MEDICAL  1,730        

                                                          39     

                                                                 
DIRECTOR THE REASON OR REASONS FOR THE TERMINATION.                             

      (2)  IF A SATISFACTORY RESOLUTION OF A PARTICIPATING         1,732        

PROVIDER'S APPEAL CANNOT BE REACHED UNDER DIVISION (B)(1) OF THIS  1,734        

SECTION, THE PARTICIPATING PROVIDER MAY APPEAL THE TERMINATION TO  1,735        

A PANEL COMPOSED OF PARTICIPATING PROVIDERS WHO HAVE COMPARABLE    1,737        

OR HIGHER LEVELS OF EDUCATION AND TRAINING THAN THE PARTICIPATING  1,738        

PROVIDER MAKING THE APPEAL.  A REPRESENTATIVE OF THE               1,739        

PARTICIPATING PROVIDER'S SPECIALTY SHALL BE A MEMBER OF THE        1,740        

PANEL, IF POSSIBLE.  THIS PANEL SHALL HOLD A HEARING, AND SHALL    1,741        

RENDER ITS RECOMMENDATION IN THE APPEAL WITHIN THIRTY DAYS AFTER   1,742        

HOLDING THE HEARING.  THE RECOMMENDATION SHALL BE PRESENTED TO     1,743        

THE MEDICAL DIRECTOR AND TO THE PARTICIPATING PROVIDER.            1,744        

      (3)  THE MEDICAL DIRECTOR SHALL REVIEW AND CONSIDER THE      1,746        

PANEL'S RECOMMENDATION BEFORE MAKING A DECISION.  THE DECISION     1,747        

RENDERED BY THE MEDICAL DIRECTOR SHALL BE FINAL.                   1,748        

      (C)  A PROVIDER'S STATUS AS A PARTICIPATING PROVIDER SHALL   1,751        

REMAIN IN EFFECT DURING THE APPEAL PROCESS SET FORTH IN DIVISION   1,753        

(B) OF THIS SECTION UNLESS THE TERMINATION WAS BASED ON ANY OF     1,754        

THE REASONS LISTED IN DIVISION (D) OF THIS SECTION.                1,756        

      (D)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A         1,758        

PROVIDER'S PARTICIPATION MAY BE IMMEDIATELY TERMINATED IF THE      1,760        

PARTICIPATING PROVIDER'S CONDUCT PRESENTS AN IMMINENT RISK OF      1,761        

HARM TO AN ENROLLEE OR ENROLLEES; OR IF THERE HAS OCCURRED         1,762        

UNACCEPTABLE QUALITY OF CARE, FRAUD, PATIENT ABUSE, LOSS OF        1,763        

CLINICAL PRIVILEGES, LOSS OF PROFESSIONAL LIABILITY COVERAGE,      1,764        

INCOMPETENCE, OR LOSS OF AUTHORITY TO PRACTICE IN THE              1,765        

PARTICIPATING PROVIDER'S FIELD; OR IF A GOVERNMENTAL ACTION HAS    1,766        

IMPAIRED THE PARTICIPATING PROVIDER'S ABILITY TO PRACTICE.         1,767        

      (E)  DIVISIONS (A) TO (D) OF THIS SECTION APPLY ONLY TO      1,770        

PROVIDERS WHO ARE NATURAL PERSONS.                                              

      (F)(1)  NOTHING IN THIS SECTION PROHIBITS A HEALTH INSURING  1,773        

CORPORATION FROM REJECTING A PROVIDER'S APPLICATION FOR            1,774        

PARTICIPATION, OR FROM TERMINATING A PARTICIPATING PROVIDER'S      1,775        

CONTRACT, IF THE HEALTH INSURING CORPORATION DETERMINES THAT THE   1,776        

                                                          40     

                                                                 
HEALTH CARE NEEDS OF ITS ENROLLEES ARE BEING MET AND NO NEED       1,777        

EXISTS FOR THE PROVIDER'S OR PARTICIPATING PROVIDER'S SERVICES.    1,778        

      (2)  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS           1,780        

PROHIBITING A HEALTH INSURING CORPORATION FROM TERMINATING A       1,781        

PARTICIPATING PROVIDER WHO DOES NOT MEET THE TERMS AND CONDITIONS  1,783        

OF THE PARTICIPATING PROVIDER'S CONTRACT.                                       

      (G)  THE SUPERINTENDENT OF INSURANCE MAY ADOPT RULES AS      1,786        

NECESSARY TO IMPLEMENT AND ENFORCE SECTIONS 1753.04 TO 1753.09 OF  1,787        

THE REVISED CODE.  SUCH RULES SHALL BE ADOPTED IN ACCORDANCE WITH  1,789        

CHAPTER 119. OF THE REVISED CODE.  THE DIRECTOR OF HEALTH MAY      1,793        

MAKE RECOMMENDATIONS TO THE SUPERINTENDENT FOR RULES NECESSARY TO  1,794        

IMPLEMENT AND ENFORCE SECTIONS 1753.04 TO 1753.09 OF THE REVISED   1,795        

CODE.  IN ADOPTING ANY RULES PURSUANT TO THIS DIVISION, THE        1,797        

SUPERINTENDENT SHALL CONSIDER THE RECOMMENDATIONS OF THE           1,798        

DIRECTOR.                                                                       

      Sec. 1753.10.  NOTHING IN THIS CHAPTER OR CHAPTER 1751. OF   1,801        

THE REVISED CODE REQUIRES A HEALTH INSURING CORPORATION TO EMPLOY  1,804        

OR CONTRACT WITH, OR PROHIBITS A HEALTH INSURING CORPORATION FROM  1,805        

EMPLOYING OR CONTRACTING WITH, ANY CATEGORY OF PROVIDER FOR THE    1,806        

PROVISION OF BASIC OR SUPPLEMENTAL HEALTH CARE SERVICES, WHICH     1,807        

HEALTH CARE SERVICES ARE WITHIN THE RECOGNIZED SCOPE OF PRACTICE   1,808        

OF THAT CATEGORY OF PROVIDER.                                      1,809        

      Sec. 1753.14.  (A)  A HEALTH INSURING CORPORATION THAT DOES  1,812        

NOT ALLOW DIRECT ACCESS TO ALL SPECIALISTS SHALL ESTABLISH AND     1,813        

IMPLEMENT A PROCEDURE BY WHICH AN ENROLLEE MAY RECEIVE A STANDING  1,814        

REFERRAL TO A SPECIALIST.  THE PROCEDURE SHALL PROVIDE FOR A       1,815        

STANDING REFERRAL TO A SPECIALIST IF A PRIMARY CARE PROVIDER       1,816        

DETERMINES IN CONSULTATION WITH A SPECIALIST THAT AN ENROLLEE      1,817        

NEEDS CONTINUING CARE FROM A SPECIALIST.  THE REFERRAL SHALL BE    1,818        

MADE PURSUANT TO A TREATMENT PLAN APPROVED BY THE HEALTH INSURING  1,819        

CORPORATION IN CONSULTATION WITH THE PRIMARY CARE PROVIDER, A      1,820        

SPECIALIST, AND THE ENROLLEE.  THE TREATMENT PLAN MAY LIMIT THE    1,821        

NUMBER OF VISITS TO THE SPECIALIST, LIMIT THE PERIOD OF TIME THAT  1,822        

THE VISITS ARE AUTHORIZED, OR REQUIRE THAT THE SPECIALIST PROVIDE  1,823        

                                                          41     

                                                                 
THE PRIMARY CARE PROVIDER WITH REGULAR REPORTS ON THE HEALTH CARE  1,825        

PROVIDED TO THE ENROLLEE.                                                       

      (B)  A HEALTH INSURING CORPORATION SHALL ESTABLISH AND       1,828        

IMPLEMENT A PROCEDURE BY WHICH AN ENROLLEE WITH A CONDITION OR     1,829        

DISEASE THAT REQUIRES SPECIALIZED MEDICAL CARE OVER A PROLONGED    1,830        

PERIOD OF TIME AND IS LIFE-THREATENING, DEGENERATIVE, OR           1,831        

DISABLING MAY RECEIVE A REFERRAL TO A SPECIALIST WHO HAS           1,832        

EXPERTISE IN TREATING THE CONDITION OR DISEASE FOR THE PURPOSE OF  1,833        

HAVING THE SPECIALIST COORDINATE THE ENROLLEE'S HEALTH CARE.  THE  1,835        

PROCEDURE SHALL PROVIDE FOR SUCH A REFERRAL IF A PRIMARY CARE      1,836        

PROVIDER DETERMINES IN CONSULTATION WITH THE SPECIALIST THAT THE   1,837        

ENROLLEE NEEDS THE SPECIALIST'S EXPERTISE.  THE REFERRAL SHALL BE  1,839        

MADE PURSUANT TO A TREATMENT PLAN APPROVED BY THE HEALTH INSURING  1,841        

CORPORATION IN CONSULTATION WITH THE PRIMARY CARE PROVIDER, THE    1,842        

SPECIALIST, AND THE ENROLLEE.  AFTER THE REFERRAL IS MADE, THE     1,843        

SPECIALIST IS AUTHORIZED TO PROVIDE HEALTH CARE SERVICES TO THE    1,844        

ENROLLEE IN THE SAME MANNER AS THE ENROLLEE'S PRIMARY CARE         1,845        

PROVIDER, SUBJECT TO THE TERMS OF THE TREATMENT PLAN.              1,846        

      (C)  THE DETERMINATIONS DESCRIBED IN DIVISIONS (A) AND (B)   1,850        

OF THIS SECTION SHALL BE MADE WITHIN THREE BUSINESS DAYS AFTER A   1,851        

REQUEST FOR THE DETERMINATION IS MADE BY THE ENROLLEE OR THE       1,852        

ENROLLEE'S PRIMARY CARE PROVIDER AND ALL APPROPRIATE MEDICAL       1,853        

RECORDS AND OTHER ITEMS OF INFORMATION NECESSARY TO MAKE THE       1,854        

DETERMINATION HAVE BEEN PROVIDED.                                  1,855        

      (D)  ONCE A DETERMINATION IN FAVOR OF A REFERRAL IS MADE,    1,857        

THE REFERRAL SHALL BE MADE WITHIN FOUR BUSINESS DAYS AFTER THE     1,859        

DETERMINATION.  THIS TIME PERIOD DOES NOT APPLY TO STANDING        1,860        

REFERRALS INVOLVING A RARE OR UNUSUAL CONDITION FOR WHICH          1,861        

APPROPRIATE SPECIALISTS ARE LIMITED IN NUMBER OR OTHERWISE         1,862        

DIFFICULT TO IDENTIFY.                                             1,863        

      DIVISIONS (A) AND (B) OF THIS SECTION DO NOT REQUIRE A       1,867        

HEALTH INSURING CORPORATION TO PERMIT AN ENROLLEE TO ELECT         1,868        

REFERRAL TO A SPECIALIST WHO IS NOT EMPLOYED BY OR UNDER CONTRACT  1,869        

WITH THE HEALTH INSURING CORPORATION FOR THE PROVISION OF HEALTH   1,870        

                                                          42     

                                                                 
CARE SERVICES TO THE HEALTH INSURING CORPORATION'S ENROLLEES.      1,871        

      Sec. 1753.16.  A HEALTH INSURING CORPORATION OR UTILIZATION  1,874        

REVIEW ORGANIZATION THAT AUTHORIZES A PROPOSED ADMISSION,          1,875        

TREATMENT, OR HEALTH CARE SERVICE BY A PARTICIPATING PROVIDER                   

BASED UPON THE COMPLETE AND ACCURATE SUBMISSION OF ALL NECESSARY   1,876        

INFORMATION RELATIVE TO AN ELIGIBLE ENROLLEE SHALL NOT             1,877        

RETROACTIVELY DENY THIS AUTHORIZATION IF THE PROVIDER RENDERS THE  1,878        

HEALTH CARE SERVICE IN GOOD FAITH AND PURSUANT TO THE              1,879        

AUTHORIZATION AND ALL OF THE TERMS AND CONDITIONS OF THE           1,880        

PROVIDER'S CONTRACT WITH THE HEALTH INSURING CORPORATION.          1,881        

      Sec. 1753.21.  (A)  IF A POLICY, CONTRACT, OR AGREEMENT OF   1,883        

A HEALTH INSURING CORPORATION USES A RESTRICTED FORMULARY OF       1,886        

PRESCRIPTION DRUGS, THE HEALTH INSURING CORPORATION SHALL DO BOTH  1,887        

OF THE FOLLOWING:                                                               

      (1)  DEVELOP SUCH A FORMULARY IN CONSULTATION WITH AND WITH  1,890        

THE APPROVAL OF A PHARMACY AND THERAPEUTICS COMMITTEE, A MAJORITY  1,891        

OF THE MEMBERS OF WHICH ARE PHYSICIANS AFFILIATED WITH THE HEALTH  1,892        

INSURING CORPORATION WHO MAY PRESCRIBE PRESCRIPTION DRUGS AND      1,893        

PHARMACISTS AFFILIATED WITH THE HEALTH INSURING CORPORATION; OR    1,894        

IN CONSULTATION WITH AND WITH THE APPROVAL OF A PHARMACY AND       1,895        

THERAPEUTICS COMMITTEE THAT IS INDEPENDENT OF THE HEALTH INSURING  1,896        

CORPORATION CONSISTING OF PHYSICIANS WHO MAY PRESCRIBE             1,897        

PRESCRIPTION DRUGS IN THEIR STATE OF LICENSURE AND PHARMACISTS     1,898        

WHO ARE AUTHORIZED TO PRACTICE IN THEIR STATE OF LICENSURE;        1,900        

      (2)  ESTABLISH A PROCEDURE BY WHICH AN ENROLLEE MAY OBTAIN,  1,903        

WITHOUT PENALTY OR ADDITIONAL COST SHARING BEYOND THAT PROVIDED    1,904        

FOR FORMULARY DRUGS UNDER THE ENROLLEE'S CONTRACT WITH THE HEALTH  1,905        

INSURING CORPORATION, COVERAGE OF A SPECIFIC NONFORMULARY DRUG     1,906        

WHEN THE PRESCRIBER DOCUMENTS IN THE ENROLLEE'S MEDICAL RECORD     1,907        

AND CERTIFIES THAT THE FORMULARY ALTERNATIVE HAS BEEN INEFFECTIVE  1,908        

IN THE TREATMENT OF THE ENROLLEE'S DISEASE OR CONDITION, OR THAT   1,909        

THE FORMULARY ALTERNATIVE CAUSES OR IS REASONABLY EXPECTED BY THE  1,910        

PRESCRIBER TO CAUSE A HARMFUL OR ADVERSE REACTION IN THE           1,911        

ENROLLEE.                                                                       

                                                          43     

                                                                 
      (B)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE   1,914        

A HEALTH INSURING CORPORATION TO PLACE ANY PARTICULAR              1,915        

PHARMACEUTICAL PRODUCT OR THERAPEUTIC CLASS OF PRODUCT ON ANY      1,916        

FORMULARY, OR TO PROHIBIT A HEALTH INSURING CORPORATION FROM       1,917        

RESTRICTING PAYMENTS FOR ANY SPECIFIC PHARMACEUTICAL PRODUCT OR    1,918        

THERAPEUTIC CLASS OF PRODUCT, INCLUDING, BUT NOT LIMITED TO, A     1,919        

REQUIREMENT THAT THE PRODUCT BE PRESCRIBED ONLY BY A DEFINED       1,920        

SPECIALIST OR SUBSPECIALIST.                                                    

      Sec. 1753.23.  A HEALTH INSURING CORPORATION SHALL           1,923        

ESTABLISH OR USE AN INTERNAL TECHNOLOGY ASSESSMENT PROCESS FOR                  

ASSESSING WHETHER A DRUG, DEVICE, PROTOCOL, PROCEDURE, OR OTHER    1,924        

THERAPY IS PROVEN TO BE SAFE AND EFFICACIOUS FOR A PARTICULAR      1,925        

INDICATION OR CONDITION WHEN COMPARED TO ALTERNATIVE THERAPIES,    1,926        

OR WHETHER IT REMAINS EXPERIMENTAL OR INVESTIGATIONAL.  THE        1,927        

HEALTH INSURING CORPORATION'S INTERNAL TECHNOLOGY ASSESSMENT       1,928        

PROCESS SHALL MEET ALL OF THE FOLLOWING CRITERIA:                  1,929        

      (A)  DECISIONS ARE MADE BY MEDICAL PROFESSIONALS, INCLUDING  1,932        

PHYSICIANS.                                                                     

      (B)  THE PROCESS INCLUDES A REVIEW OF RELEVANT MEDICAL       1,935        

EVIDENCE, INCLUDING THE FOLLOWING, IF AVAILABLE:                   1,936        

      (1)  PEER-REVIEWED MEDICAL AND SCIENTIFIC LITERATURE ON THE  1,939        

SUBJECT;                                                                        

      (2)  PUBLISHED OPINIONS, ACTIONS, AND OTHER RELEVANT         1,941        

DOCUMENTS OF INDEPENDENT, EXTERNAL RESEARCH ORGANIZATIONS SUCH AS  1,943        

THE NATIONAL INSTITUTE OF HEALTH, THE NATIONAL CANCER INSTITUTE,   1,944        

THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE    1,946        

FINANCE ADMINISTRATION, AND THE AGENCY FOR HEALTH CARE POLICY AND  1,947        

RESEARCH;                                                          1,948        

      (3)  PUBLISHED OPINIONS OF MEDICAL EXPERTS OR AFFECTED       1,950        

SPECIALTY SOCIETIES.                                               1,951        

      (C)  GENERAL COVERAGE DECISIONS, MADE PURSUANT TO THIS       1,954        

PROCESS, THAT EXCLUDE DRUGS, DEVICES, PROTOCOLS, PROCEDURES, OR    1,955        

OTHER THERAPIES ON THE BASIS THAT THEY ARE NOT SAFE OR             1,956        

EFFICACIOUS AND REMAIN EXPERIMENTAL OR INVESTIGATIONAL, ARE        1,957        

                                                          44     

                                                                 
REVIEWED AND UPDATED AS NEW SCIENTIFIC EVIDENCE BECOMES            1,958        

AVAILABLE.                                                                      

      (D)  A DESCRIPTION OF THE HEALTH INSURING CORPORATION'S      1,961        

INTERNAL TECHNOLOGY ASSESSMENT PROCESS IS MADE AVAILABLE TO        1,962        

PARTICIPATING PROVIDERS AND ENROLLEES, UPON REQUEST.               1,963        

      (E)  A COPY OF THE HEALTH INSURING CORPORATION'S SPECIFIC    1,966        

COVERAGE PROTOCOLS AND PROCEDURES IS MADE AVAILABLE TO             1,967        

PARTICIPATING PROVIDERS AND ENROLLEES UPON THE REQUEST OF AN       1,968        

ENROLLEE WHO HAS BEEN DENIED COVERAGE FOR A DRUG, DEVICE,          1,969        

PROTOCOL, PROCEDURE, OR OTHER THERAPY ON THE BASIS THAT IT HAS     1,970        

BEEN ASSESSED AS NOT BEING SAFE OR EFFICACIOUS FOR A PARTICULAR    1,971        

INDICATION OR CONDITION.  SPECIFIC COVERAGE PROTOCOLS AND          1,972        

PROCEDURES SHALL INCLUDE A DESCRIPTION OF THE EVIDENCE UPON WHICH  1,973        

THE PROTOCOL OR PROCEDURE IS BASED, AND SHALL CONTAIN THE DATE     1,974        

THE PROTOCOL OR PROCEDURE WAS ADOPTED.                             1,975        

      Sec. 1753.24.  (A)  EACH HEALTH INSURING CORPORATION SHALL   1,977        

ESTABLISH A REASONABLE EXTERNAL, INDEPENDENT REVIEW PROCESS TO     1,979        

EXAMINE THE HEALTH INSURING CORPORATION'S COVERAGE DECISIONS FOR   1,981        

ENROLLEES WHO MEET ALL OF THE FOLLOWING CRITERIA:                               

      (1)  THE ENROLLEE HAS A TERMINAL CONDITION THAT, ACCORDING   1,983        

TO THE CURRENT DIAGNOSIS OF THE ENROLLEE'S PHYSICIAN, HAS A HIGH   1,984        

PROBABILITY OF CAUSING DEATH WITHIN TWO YEARS.                     1,985        

      (2)  THE ENROLLEE'S PHYSICIAN CERTIFIES THAT THE ENROLLEE    1,987        

HAS THE CONDITION DESCRIBED IN DIVISION (A)(1) OF THIS SECTION     1,988        

AND ANY OF THE FOLLOWING SITUATIONS ARE APPLICABLE:                1,989        

      (a)  STANDARD THERAPIES HAVE NOT BEEN EFFECTIVE IN           1,991        

IMPROVING THE CONDITION OF THE ENROLLEE;                           1,993        

      (b)  STANDARD THERAPIES ARE NOT MEDICALLY APPROPRIATE FOR    1,996        

THE ENROLLEE;                                                                   

      (c)  THERE IS NO STANDARD THERAPY COVERED BY THE HEALTH      1,999        

INSURING CORPORATION THAT IS MORE BENEFICIAL THAN THERAPY          2,000        

DESCRIBED IN DIVISION (A)(3) OF THIS SECTION.                      2,001        

      (3)  THE ENROLLEE'S PHYSICIAN HAS RECOMMENDED A DRUG,        2,003        

DEVICE, PROCEDURE, OR OTHER THERAPY THAT THE PHYSICIAN CERTIFIES,  2,004        

                                                          45     

                                                                 
IN WRITING, IS LIKELY TO BE MORE BENEFICIAL TO THE ENROLLEE, IN    2,005        

THE PHYSICIAN'S OPINION, THAN STANDARD THERAPIES, OR, THE          2,007        

ENROLLEE HAS REQUESTED A THERAPY THAT HAS BEEN FOUND IN A                       

PREPONDERANCE OF PEER-REVIEWED PUBLISHED STUDIES TO BE ASSOCIATED  2,008        

WITH EFFECTIVE CLINICAL OUTCOMES FOR THE SAME CONDITION.           2,009        

      (4)  THE ENROLLEE HAS BEEN DENIED COVERAGE BY THE HEALTH     2,011        

INSURING CORPORATION FOR A DRUG, DEVICE, PROCEDURE, OR OTHER       2,014        

THERAPY RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF    2,015        

THIS SECTION, AND HAS EXHAUSTED ALL INTERNAL APPEALS.                           

      (5)  THE DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY,          2,017        

RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF THIS       2,019        

SECTION, WOULD BE A COVERED HEALTH CARE SERVICE EXCEPT FOR THE     2,021        

HEALTH INSURING CORPORATION'S DETERMINATION THAT THE DRUG,                      

DEVICE, PROCEDURE, OR OTHER THERAPY IS EXPERIMENTAL OR             2,023        

INVESTIGATIONAL.                                                                

      (B)  THE EXTERNAL, INDEPENDENT REVIEW PROCESS ESTABLISHED    2,025        

BY A HEALTH INSURING CORPORATION SHALL MEET ALL OF THE FOLLOWING   2,026        

CRITERIA:                                                                       

      (1)  EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,     2,028        

THE PROCESS SHALL OFFER ALL ENROLLEES WHO MEET THE CRITERIA SET    2,029        

FORTH IN DIVISION (A) OF THIS SECTION THE OPPORTUNITY TO HAVE THE  2,031        

HEALTH INSURING CORPORATION'S DECISION TO DENY COVERAGE OF THE     2,032        

RECOMMENDED OR REQUESTED THERAPY REVIEWED UNDER THE PROCESS.       2,033        

EACH ELIGIBLE ENROLLEE SHALL BE NOTIFIED OF THAT OPPORTUNITY       2,034        

WITHIN FIVE BUSINESS DAYS AFTER THE HEALTH INSURING CORPORATION    2,035        

DENIES COVERAGE.                                                                

      (2)  THE REVIEW OF THE HEALTH INSURING CORPORATION'S         2,037        

DECISION SHALL BE CONDUCTED BY EXPERTS SELECTED BY AN INDEPENDENT  2,038        

ENTITY THAT HAS BEEN RETAINED BY THE HEALTH INSURING CORPORATION   2,039        

FOR THIS PURPOSE.  THE INDEPENDENT ENTITY SHALL BE EITHER AN       2,040        

ACADEMIC MEDICAL CENTER OR AN ENTITY THAT HAS AS ITS PRIMARY       2,041        

FUNCTION, AND THAT RECEIVES A MAJORITY OF ITS REVENUE FROM, THE    2,042        

PROVISION OF EXPERT REVIEWS AND RELATED SERVICES.                  2,043        

      THE INDEPENDENT ENTITY SHALL SELECT A PANEL TO CONDUCT THE   2,046        

                                                          46     

                                                                 
REVIEW, WHICH PANEL SHALL BE COMPOSED OF AT LEAST THREE            2,047        

PHYSICIANS OR OTHER PROVIDERS WHO ARE EXPERTS IN THE TREATMENT OF  2,048        

THE ENROLLEE'S MEDICAL CONDITION AND KNOWLEDGEABLE ABOUT THE       2,049        

RECOMMENDED OR REQUESTED THERAPY.  IF THE INDEPENDENT ENTITY       2,050        

RETAINED BY THE HEALTH INSURING CORPORATION IS AN ACADEMIC         2,052        

MEDICAL CENTER, THE PANEL MAY INCLUDE EXPERTS AFFILIATED WITH OR   2,053        

EMPLOYED BY THE ACADEMIC MEDICAL CENTER.                           2,054        

      IN EITHER OF THE FOLLOWING CIRCUMSTANCES, AN EXCEPTION MAY   2,057        

BE MADE TO THE REQUIREMENT THAT THE REVIEW BE CONDUCTED BY AN      2,058        

EXPERT PANEL COMPOSED OF A MINIMUM OF THREE PHYSICIANS OR OTHER    2,059        

PROVIDERS:                                                                      

      (a)  A REVIEW MAY BE CONDUCTED BY AN EXPERT PANEL COMPOSED   2,062        

OF ONLY TWO PHYSICIANS OR OTHER PROVIDERS IF AN ENROLLEE HAS       2,063        

CONSENTED IN WRITING TO A REVIEW BY THE SMALLER PANEL;             2,064        

      (b)  A REVIEW MAY BE CONDUCTED BY A SINGLE EXPERT PHYSICIAN  2,067        

OR OTHER PROVIDER IF ONLY ONE EXPERT PHYSICIAN OR OTHER PROVIDER   2,068        

IS AVAILABLE FOR THE REVIEW.                                                    

      (3)  NEITHER THE HEALTH INSURING CORPORATION NOR THE         2,070        

ENROLLEE SHALL CHOOSE, OR CONTROL THE CHOICE OF, THE PHYSICIAN OR  2,072        

OTHER PROVIDER EXPERTS.                                                         

      (4)  NEITHER THE EXPERTS NOR THE INDEPENDENT ENTITY          2,074        

ARRANGING FOR THE EXPERTS' REVIEW SHALL HAVE ANY PROFESSIONAL,     2,075        

FAMILIAL, OR FINANCIAL AFFILIATION WITH THE HEALTH INSURING        2,077        

CORPORATION, EXCEPT THAT EXPERTS AFFILIATED WITH ACADEMIC MEDICAL  2,078        

CENTERS WHO PROVIDE HEALTHCARE SERVICES TO ENROLLEES OF THE        2,079        

HEALTH INSURING CORPORATION MAY SERVE AS EXPERTS ON THE REVIEW     2,080        

PANEL.  THIS NONAFFILIATION PROVISION DOES NOT PRECLUDE A HEALTH   2,082        

INSURING CORPORATION FROM PAYING FOR THE EXPERTS' REVIEW, AS                    

SPECIFIED IN DIVISION (B)(5) OF THIS SECTION.  THE EXPERTS SHALL   2,084        

HAVE NO PATIENT-PHYSICIAN RELATIONSHIP OR OTHER AFFILIATION WITH   2,085        

AN ENROLLEE WHOSE REQUEST FOR THERAPY IS UNDER REVIEW OR WITH A    2,086        

PROVIDER WHOSE RECOMMENDATION FOR THERAPY IS UNDER REVIEW.         2,087        

      (5)  ENROLLEES SHALL NOT BE REQUIRED TO PAY FOR THE          2,089        

EXTERNAL, INDEPENDENT REVIEW.  THE COSTS OF THE REVIEW SHALL BE    2,090        

                                                          47     

                                                                 
BORNE BY THE HEALTH INSURING CORPORATION.                          2,091        

      (6)  THE HEALTH INSURING CORPORATION SHALL PROVIDE TO THE    2,093        

INDEPENDENT ENTITY ARRANGING FOR THE EXPERTS' REVIEW AND TO THE    2,095        

ENROLLEE AND THE ENROLLEE'S PHYSICIAN A COPY OF THOSE MEDICAL      2,096        

RECORDS IN THE HEALTH INSURING CORPORATION'S POSSESSION THAT ARE                

RELEVANT TO THE ENROLLEE'S CONDITION FOR WHICH THERAPY HAS BEEN    2,099        

RECOMMENDED OR REQUESTED.  THE MEDICAL RECORDS SHALL BE DISCLOSED  2,100        

SOLELY TO THE EXPERT REVIEWERS AND SHALL BE USED SOLELY FOR THE    2,101        

PURPOSE OF THIS SECTION.                                           2,102        

      (7)  THE OPINIONS OF THE EXPERTS ON THE PANEL SHALL BE       2,104        

RENDERED WITHIN THIRTY DAYS AFTER THE ENROLLEE'S REQUEST FOR       2,106        

REVIEW.  IF THE ENROLLEE'S PHYSICIAN DETERMINES THAT A THERAPY     2,108        

WOULD BE SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED,   2,109        

THE OPINIONS SHALL BE RENDERED WITHIN SEVEN DAYS AFTER THE                      

ENROLLEE'S REQUEST FOR REVIEW.                                     2,110        

      (8)  EACH EXPERT ON THE PANEL SHALL PROVIDE THE INDEPENDENT  2,112        

ENTITY WITH A PROFESSIONAL OPINION AS TO WHETHER THERE IS          2,113        

SUFFICIENT EVIDENCE TO DEMONSTRATE THAT THE RECOMMENDED OR         2,114        

REQUESTED THERAPY IS LIKELY TO BE MORE BENEFICIAL TO THE ENROLLEE  2,115        

THAN STANDARD THERAPIES.                                           2,116        

      (9)  EACH EXPERT'S OPINION SHALL BE PRESENTED IN WRITTEN     2,118        

FORM AND SHALL INCLUDE THE FOLLOWING INFORMATION:                  2,120        

      (a)  A DESCRIPTION OF THE ENROLLEE'S CONDITION;              2,122        

      (b)  A DESCRIPTION OF THE INDICATORS RELEVANT TO             2,124        

DETERMINING WHETHER THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE    2,125        

THAT THE RECOMMENDED OR REQUESTED THERAPY IS MORE LIKELY THAN NOT  2,127        

TO BE MORE BENEFICIAL TO THE ENROLLEE THAN STANDARD THERAPIES;     2,128        

      (c)  A DESCRIPTION AND ANALYSIS OF ANY RELEVANT FINDINGS     2,130        

PUBLISHED IN PEER-REVIEWED MEDICAL OR SCIENTIFIC LITERATURE OR     2,131        

THE PUBLISHED OPINIONS OF MEDICAL EXPERTS OR SPECIALTY SOCIETIES;  2,132        

      (d)  A DESCRIPTION OF THE ENROLLEE'S SUITABILITY TO RECEIVE  2,134        

THE RECOMMENDED OR REQUESTED THERAPY ACCORDING TO A TREATMENT      2,135        

PROTOCOL IN A CLINICAL TRIAL, IF APPLICABLE.                       2,137        

      (10)  THE INDEPENDENT ENTITY SHALL PROVIDE THE HEALTH        2,139        

                                                          48     

                                                                 
INSURING CORPORATION WITH THE OPINIONS OF THE EXPERTS.  THE        2,141        

HEALTH INSURING CORPORATION SHALL MAKE THE EXPERTS' OPINIONS                    

AVAILABLE TO THE ENROLLEE AND THE ENROLLEE'S PHYSICIAN, UPON       2,143        

REQUEST.                                                                        

      (11)  THE DECISION OF THE MAJORITY OF THE EXPERTS ON THE     2,145        

PANEL, RENDERED PURSUANT TO DIVISION (B)(8) OF THIS SECTION, IS    2,146        

BINDING ON THE HEALTH INSURING CORPORATION.  IF THE OPINIONS OF    2,148        

THE EXPERTS ON THE PANEL ARE EVENLY DIVIDED AS TO WHETHER THE      2,149        

THERAPY SHOULD BE COVERED, THEN THE HEALTH INSURING CORPORATION'S               

FINAL DECISION SHALL BE IN FAVOR OF COVERAGE.  IF LESS THAN A      2,152        

MAJORITY OF THE EXPERTS ON THE PANEL RECOMMEND COVERAGE OF THE     2,153        

THERAPY, THE HEALTH INSURING CORPORATION MAY, IN ITS DISCRETION,   2,154        

COVER THE THERAPY.  HOWEVER, ANY COVERAGE PROVIDED PURSUANT TO     2,155        

DIVISION (B)(11) OF THIS SECTION IS SUBJECT TO THE TERMS AND       2,156        

CONDITIONS OF THE ENROLLEE'S CONTRACT WITH THE HEALTH INSURING     2,157        

CORPORATION.                                                                    

      (12)  THE HEALTH INSURING CORPORATION SHALL HAVE WRITTEN     2,159        

POLICIES DESCRIBING THE EXTERNAL, INDEPENDENT REVIEW PROCESS.      2,161        

THE HEALTH INSURING CORPORATION SHALL DISCLOSE THE AVAILABILITY    2,162        

OF THE EXTERNAL, INDEPENDENT REVIEW PROCESS IN THE HEALTH          2,163        

INSURING CORPORATION'S EVIDENCE OF COVERAGE AND DISCLOSURE FORMS.  2,165        

      (C)  IF A HEALTH INSURING CORPORATION'S INITIAL DENIAL OF    2,167        

COVERAGE FOR A THERAPY RECOMMENDED OR REQUESTED PURSUANT TO        2,168        

DIVISION (A)(3) OF THIS SECTION IS BASED UPON AN EXTERNAL,         2,169        

INDEPENDENT REVIEW OF THAT THERAPY MEETING THE REQUIREMENTS OF     2,170        

DIVISION (B) OF THIS SECTION, THIS SECTION SHALL NOT BE A BASIS    2,172        

FOR REQUIRING A SECOND EXTERNAL, INDEPENDENT REVIEW OF THE                      

RECOMMENDED OR REQUESTED THERAPY.                                  2,173        

      (D)  THE HEALTH INSURING CORPORATION SHALL ANNUALLY FILE A   2,175        

CERTIFICATE WITH THE SUPERINTENDENT OF INSURANCE CERTIFYING ITS    2,176        

COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.                  2,177        

      Sec. 1753.28.  (A)  AS USED IN THIS SECTION:                 2,179        

      (1)  "EMERGENCY MEDICAL CONDITION" MEANS A MEDICAL           2,181        

CONDITION THAT MANIFESTS ITSELF BY SUCH ACUTE SYMPTOMS OF          2,182        

                                                          49     

                                                                 
SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, THAT A PRUDENT         2,183        

LAYPERSON WITH AN AVERAGE KNOWLEDGE OF HEALTH AND MEDICINE COULD   2,184        

REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO    2,185        

RESULT IN ANY OF THE FOLLOWING:                                    2,186        

      (a)  PLACING THE HEALTH OF THE INDIVIDUAL OR, WITH RESPECT   2,189        

TO A PREGNANT WOMAN, THE HEALTH OF THE WOMAN OR HER UNBORN CHILD,  2,190        

IN SERIOUS JEOPARDY;                                                            

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 2,193        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        2,196        

      (2)  "EMERGENCY SERVICES" MEANS THE FOLLOWING:               2,198        

      (a)  A MEDICAL SCREENING EXAMINATION, AS REQUIRED BY         2,201        

FEDERAL LAW, THAT IS WITHIN THE CAPABILITY OF THE EMERGENCY        2,202        

DEPARTMENT OF A HOSPITAL, INCLUDING ANCILLARY SERVICES ROUTINELY   2,203        

AVAILABLE TO THE EMERGENCY DEPARTMENT, TO EVALUATE AN EMERGENCY    2,204        

MEDICAL CONDITION;                                                              

      (b)  SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT THAT     2,207        

ARE REQUIRED BY FEDERAL LAW TO STABILIZE AN EMERGENCY MEDICAL      2,208        

CONDITION AND ARE WITHIN THE CAPABILITIES OF THE STAFF AND                      

FACILITIES AVAILABLE AT THE HOSPITAL, INCLUDING ANY TRAUMA AND     2,209        

BURN CENTER OF THE HOSPITAL.                                       2,210        

      (3)(a)  "STABILIZE" MEANS THE PROVISION OF SUCH MEDICAL      2,213        

TREATMENT AS MAY BE NECESSARY TO ASSURE, WITHIN REASONABLE         2,214        

MEDICAL PROBABILITY, THAT NO MATERIAL DETERIORATION OF AN          2,215        

INDIVIDUAL'S MEDICAL CONDITION IS LIKELY TO RESULT FROM OR OCCUR   2,216        

DURING A TRANSFER, IF THE MEDICAL CONDITION COULD RESULT IN ANY    2,217        

OF THE FOLLOWING:                                                               

      (i)  PLACING THE HEALTH OF THE INDIVIDUAL OR, WITH RESPECT   2,220        

TO A PREGNANT WOMAN, THE HEALTH OF THE WOMAN OR HER UNBORN CHILD,  2,221        

IN SERIOUS JEOPARDY;                                                            

      (ii)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                2,224        

      (iii)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.      2,227        

      (b)  IN THE CASE OF A WOMAN HAVING CONTRACTIONS,             2,229        

"STABILIZE" MEANS SUCH MEDICAL TREATMENT AS MAY BE NECESSARY TO    2,230        

DELIVER, INCLUDING THE PLACENTA.                                   2,231        

                                                          50     

                                                                 
      (4)  "TRANSFER" HAS THE SAME MEANING AS IN SECTION 1867 OF   2,233        

THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A.        2,235        

1395dd, AS AMENDED.                                                             

      (B)  A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR      2,237        

AGREEMENT PROVIDING COVERAGE OF BASIC HEALTH CARE SERVICES SHALL   2,239        

COVER EMERGENCY SERVICES FOR ENROLLEES WITH EMERGENCY MEDICAL      2,240        

CONDITIONS WITHOUT REGARD TO THE DAY OR TIME THE EMERGENCY         2,241        

SERVICES ARE RENDERED OR TO WHETHER THE ENROLLEE, THE HOSPITAL'S   2,242        

EMERGENCY DEPARTMENT WHERE THE SERVICES ARE RENDERED, OR AN        2,243        

EMERGENCY PHYSICIAN TREATING THE ENROLLEE, OBTAINED PRIOR          2,244        

AUTHORIZATION FOR THE EMERGENCY SERVICES.                                       

      (C)  A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR      2,246        

AGREEMENT PROVIDING COVERAGE OF BASIC HEALTH CARE SERVICES SHALL   2,248        

COVER BOTH OF THE FOLLOWING:                                                    

      (1)  EMERGENCY SERVICES PROVIDED TO AN ENROLLEE AT A         2,250        

PARTICIPATING HOSPITAL'S EMERGENCY DEPARTMENT IF THE ENROLLEE      2,251        

PRESENTS SELF WITH AN EMERGENCY MEDICAL CONDITION;                 2,252        

      (2)  EMERGENCY SERVICES PROVIDED TO AN ENROLLEE AT A         2,254        

NONPARTICIPATING HOSPITAL'S EMERGENCY DEPARTMENT IF THE ENROLLEE   2,256        

PRESENTS SELF WITH AN EMERGENCY MEDICAL CONDITION AND ONE OF THE   2,257        

FOLLOWING CIRCUMSTANCES APPLIES:                                   2,258        

      (a)  DUE TO CIRCUMSTANCES BEYOND THE ENROLLEE'S CONTROL,     2,261        

THE ENROLLEE WAS UNABLE TO UTILIZE A PARTICIPATING HOSPITAL'S                   

EMERGENCY DEPARTMENT WITHOUT SERIOUS THREAT TO LIFE OR HEALTH.     2,263        

      (b)  A PRUDENT LAYPERSON WITH AN AVERAGE KNOWLEDGE OF        2,266        

HEALTH AND MEDICINE WOULD HAVE REASONABLY BELIEVED THAT, UNDER     2,267        

THE CIRCUMSTANCES, THE TIME REQUIRED TO TRAVEL TO A PARTICIPATING  2,268        

HOSPITAL'S EMERGENCY DEPARTMENT COULD RESULT IN ONE OR MORE OF     2,269        

THE ADVERSE HEALTH CONSEQUENCES DESCRIBED IN DIVISION (A)(1) OF    2,270        

THIS SECTION.                                                                   

      (c)  A PERSON AUTHORIZED BY THE HEALTH INSURING CORPORATION  2,272        

REFERS THE ENROLLEE TO AN EMERGENCY DEPARTMENT AND DOES NOT        2,273        

SPECIFY A PARTICIPATING HOSPITAL'S EMERGENCY DEPARTMENT.           2,274        

      (d)  AN AMBULANCE TAKES THE ENROLLEE TO A NONPARTICIPATING   2,276        

                                                          51     

                                                                 
HOSPITAL OTHER THAN AT THE DIRECTION OF THE ENROLLEE.              2,277        

      (e)  THE ENROLLEE IS UNCONSCIOUS.                            2,279        

      (f)  A NATURAL DISASTER PRECLUDED THE USE OF A               2,281        

PARTICIPATING EMERGENCY DEPARTMENT.                                2,282        

      (g)  THE STATUS OF A HOSPITAL CHANGED FROM PARTICIPATING TO  2,284        

NONPARTICIPATING WITH RESPECT TO EMERGENCY SERVICES DURING A       2,285        

CONTRACT YEAR AND NO GOOD FAITH EFFORT WAS MADE BY THE HEALTH      2,286        

INSURING CORPORATION TO INFORM ENROLLEES OF THIS CHANGE.           2,287        

      (D)  A HEALTH INSURING CORPORATION THAT PROVIDES COVERAGE    2,290        

FOR EMERGENCY SERVICES SHALL INFORM ENROLLEES OF ALL OF THE        2,291        

FOLLOWING:                                                                      

      (1)  THE SCOPE OF COVERAGE FOR EMERGENCY SERVICES;           2,293        

      (2)  THE APPROPRIATE USE OF EMERGENCY SERVICES, INCLUDING    2,296        

THE USE OF THE 9-1-1 SYSTEM AND ANY OTHER TELEPHONE ACCESS         2,297        

SYSTEMS UTILIZED TO ACCESS PREHOSPITAL EMERGENCY SERVICES;         2,298        

      (3)  ANY COST SHARING PROVISIONS FOR EMERGENCY SERVICES;     2,300        

      (4)  THE PROCEDURES FOR OBTAINING EMERGENCY SERVICES AND     2,302        

OTHER MEDICAL SERVICES, SO THAT ENROLLEES ARE FAMILIAR WITH THE    2,303        

LOCATION OF THE EMERGENCY DEPARTMENTS OF PARTICIPATING HOSPITALS   2,304        

AND WITH THE LOCATION AND AVAILABILITY OF OTHER PARTICIPATING      2,305        

FACILITIES OR SETTINGS AT WHICH THEY COULD RECEIVE MEDICAL         2,306        

SERVICES.                                                                       

      Sec. 1753.30.  NOTHING IN THIS CHAPTER SHALL PREVENT OR      2,308        

OTHERWISE AFFECT THE APPLICATION TO ANY HEALTH CARE PLAN OF THOSE  2,309        

PROVISIONS OF TITLE XVII OR XXXIX OF THE REVISED CODE THAT WOULD   2,311        

OTHERWISE APPLY.                                                                

      Sec. 3901.04.  (A)  As used in this section:                 2,320        

      (1)  "Laws of this state relating to insurance" include but  2,322        

are not limited to Chapter 1751. notwithstanding section 1751.08,  2,324        

CHAPTER 1753., Title XXXIX, sections 5725.18 to 5725.25, and       2,325        

Chapter 5729. of the Revised Code.                                 2,326        

      (2)  "Person" has the meaning defined in division (A) of     2,328        

section 3901.19 of the Revised Code.                               2,329        

      (B)  Whenever it appears to the superintendent of            2,331        

                                                          52     

                                                                 
insurance, from the superintendent's files, upon complaint or      2,333        

otherwise, that any person has engaged in, is engaged in, or is                 

about to engage in any act or practice declared to be illegal or   2,334        

prohibited by the laws of this state relating to insurance, or     2,335        

defined as unfair or deceptive by such laws, or when the           2,336        

superintendent believes it to be in the best interest of the       2,337        

public and necessary for the protection of the people in this      2,338        

state, the superintendent or anyone designated by the              2,339        

superintendent under the superintendent's official seal may do     2,340        

any one or more of the following:                                               

      (1)  Require any person to file with the superintendent, on  2,342        

a form that is appropriate for review by the superintendent, an    2,343        

original or additional statement or report in writing, under oath  2,344        

or otherwise, as to any facts or circumstances concerning the      2,345        

person's conduct of the business of insurance within this state    2,346        

and as to any other information that the superintendent considers  2,347        

to be material or relevant to such business;                       2,348        

      (2)  Administer oaths, summon and compel by order or         2,350        

subpoena the attendance of witnesses to testify in relation to     2,351        

any matter which, by the laws of this state relating to            2,352        

insurance, is the subject of inquiry and investigation, and        2,353        

require the production of any book, paper, or document pertaining  2,354        

to such matter.  A subpoena, notice, or order under this section   2,355        

may be served by certified mail, return receipt requested.  If     2,356        

the subpoena, notice, or order is returned because of inability    2,357        

to deliver, or if no return is received within thirty days of the  2,358        

date of mailing, the subpoena, notice, or order may be served by   2,359        

ordinary mail.  If no return of ordinary mail is received within   2,360        

thirty days after the date of mailing, service shall be deemed to  2,361        

have been made.  If the subpoena, notice, or order is returned     2,362        

because of inability to deliver, the superintendent may designate  2,363        

a person or persons to effect either personal or residence         2,364        

service upon the witness.  Service of any subpoena, notice, or     2,365        

order and return may also be made in any manner authorized under   2,366        

                                                          53     

                                                                 
the Rules of Civil Procedure.  Such service shall be made by an    2,367        

employee of the department designated by the superintendent, a     2,368        

sheriff, a deputy sheriff, an attorney, or any person authorized   2,369        

by the Rules of Civil Procedure to serve process.                  2,370        

      In the case of disobedience of any notice, order, or         2,372        

subpoena served on a person or the refusal of a witness to         2,373        

testify to a matter regarding which the person may lawfully be     2,375        

interrogated, the court of common pleas of the county where venue               

is appropriate, on application by the superintendent, may compel   2,376        

obedience by attachment proceedings for contempt, as in the case   2,377        

of disobedience of the requirements of a subpoena issued from      2,378        

such court, or a refusal to testify therein.  Witnesses shall      2,379        

receive the fees and mileage allowed by section 2335.06 of the     2,380        

Revised Code.  All such fees, upon the presentation of proper      2,381        

vouchers approved by the superintendent, shall be paid out of the  2,382        

appropriation for the contingent fund of the department of         2,383        

insurance.  The fees and mileage of witnesses not summoned by the  2,384        

superintendent or the superintendent's designee shall not be paid  2,386        

by the state.                                                                   

      (3)  In a case in which there is no administrative           2,388        

procedure available to the superintendent to resolve a matter at   2,389        

issue, request the attorney general to commence an action for a    2,390        

declaratory judgment under Chapter 2721. of the Revised Code with  2,391        

respect to the matter.                                             2,392        

      (4)  Initiate criminal proceedings by presenting evidence    2,394        

of the commission of any criminal offense established under the    2,395        

laws of this state relating to insurance to the prosecuting        2,396        

attorney of any county in which the offense may be prosecuted.     2,397        

At the request of the prosecuting attorney, the attorney general   2,398        

may assist in the prosecution of the violation with all the        2,399        

rights, privileges, and powers conferred by law on prosecuting     2,400        

attorneys including, but not limited to, the power to appear       2,401        

before grand juries and to interrogate witnesses before grand      2,402        

juries.                                                            2,403        

                                                          54     

                                                                 
      Sec. 3901.041.  The superintendent of insurance shall        2,413        

adopt, amend, and rescind rules and make adjudications, necessary  2,414        

to discharge the superintendent's duties and exercise the          2,415        

superintendent's powers, including, but not limited to, the        2,416        

superintendent's duties and powers under Chapter CHAPTERS 1751.    2,418        

AND 1753. and Title XXXIX of the Revised Code, subject to Chapter  2,419        

119. of the Revised Code.                                                       

      Sec. 3901.16.  Any association, company, or corporation,     2,429        

including a health insuring corporation, which violates any law    2,430        

relating to the superintendent of insurance, any provision of      2,431        

Chapter 1751. OR 1753. of the Revised Code, or any insurance law   2,433        

of this state, for the violation of which no forfeiture or         2,434        

penalty is elsewhere provided in the Revised Code, shall forfeit   2,435        

and pay not less than one thousand nor more than ten thousand      2,436        

dollars, to be recovered by an action in the name of the state     2,437        

and on collection to be paid to the superintendent, who shall pay               

such sum into the state treasury.                                  2,438        

      Sec. 3924.10.  (A)  The board of directors of the Ohio       2,448        

health reinsurance program shall design the SEHC plan which, when  2,450        

offered by a carrier, is eligible for reinsurance under the        2,451        

program.  The board shall establish the form and level of          2,452        

coverage to be made available by carriers in their SEHC plan.  In  2,453        

designing the plan the board shall also establish benefit levels,  2,454        

deductibles, coinsurance factors, exclusions, and limitations for  2,455        

the plan.  The forms and levels of coverage established by the     2,456        

board shall specify which components of a health benefit plan      2,457        

offered by a carrier may be reinsured.  The SEHC plan is subject   2,458        

to division (C) of section 3924.02 of the Revised Code and to the  2,460        

provisions in Chapters 1751., 1753., 3923., and any other chapter  2,462        

of the Revised Code that require coverage or the offer of          2,463        

coverage of a health care service or benefit.                                   

      (B)  The board shall adopt the SEHC plan within one hundred  2,466        

eighty days after its appointment.  The plan may include cost      2,467        

containment features including any of the following:                            

                                                          55     

                                                                 
      (1)  Utilization review of health care services, including   2,469        

review of the medical necessity of hospital and physician          2,470        

services;                                                          2,471        

      (2)  Case management benefit alternatives;                   2,473        

      (3)  Selective contracting with hospitals, physicians, and   2,475        

other health care providers;                                       2,476        

      (4)  Reasonable benefit differentials applicable to          2,478        

participating and nonparticipating providers;                      2,479        

      (5)  Employee assistance program options that provide        2,481        

preventive and early intervention mental health and substance      2,482        

abuse services;                                                    2,483        

      (6)  Other provisions for the cost-effective management of   2,485        

the plan.                                                          2,486        

      (C)  An SEHC plan established for use by health insuring     2,489        

corporations shall be consistent with the basic method of          2,491        

operation of such corporations.                                                 

      (D)  Each carrier shall certify to the superintendent of     2,493        

insurance, in the form and manner prescribed by the                2,494        

superintendent, that the SEHC plan filed by the carrier is in      2,496        

substantial compliance with the provisions of the board SEHC       2,497        

plan.  Upon receipt by the superintendent of the certification,    2,498        

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   2,500        

date that the program becomes operational and as a condition of    2,501        

transacting business in this state, renew coverage provided to     2,502        

any individual or group under its SEHC plan.                       2,503        

      Section 2.  That existing sections 1751.02, 1751.03,         2,505        

1751.04, 1751.12, 1751.13, 3901.04, 3901.041, 3901.16, and         2,507        

3924.10 of the Revised Code are hereby repealed.                   2,508        

      Section 3.  Sections 1 and 2 of this act, except for         2,510        

section 1751.12 of the Revised Code, shall take effect October 1,  2,511        

1998.  Section 1751.12 of the Revised Code shall take effect at    2,512        

the earliest time permitted by law.