As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 698   5            

      1997-1998                                                    6            


   REPRESENTATIVES VAN VYVEN-GARCIA-SENATORS SUHADOLNIK-DRAKE      8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 1701.03, 1705.03, 1705.04,          12           

                1705.53, 1739.01, 1751.01, 1751.02, 1751.03,       13           

                1751.05, 1751.06, 1751.11, 1751.12, 1751.13,       14           

                1751.14, 1751.15, 1751.16, 1751.20, 1751.31,       16           

                1751.32, 1751.46, 1751.55, 1751.58, 1751.59,                    

                1751.60, 1751.62, 1751.81, 1785.01, 1785.02,       17           

                1785.03, 1785.08, 1907.161, 2305.252, 3701.75,     18           

                3901.21, 3901.38, 3917.01, 3917.06, 3923.021,      19           

                3923.122, 3923.57, 3923.571, 3923.58, 3924.01,     20           

                3924.03, 3924.033, 3924.08, 3924.09, 3924.10,      22           

                3924.11, 3924.13, 3999.22, 4715.22, 4715.39,                    

                4723.16, 4725.114, 4729.161, 4731.226, 4731.65,    24           

                4732.28, 4734.091, 4755.471, 5111.25, 5111.251,                 

                5111.264, 5111.81, 5112.01, 5112.08, 5725.18, and  25           

                5729.03, to enact sections 5.2217, 1751.141,       27           

                1751.321, 3701.18, 3702.141, and 4503.104, and to  28           

                repeal sections 3924.05, 5111.75, 5111.77,         29           

                5111.771, and 5111.811 of the Revised Code and to  31           

                amend Section 3 of Am. Sub. S.B. 67 of the 122nd   32           

                General Assembly, Section 6 of Am. Sub. S.B. 154                

                of the 122nd General Assembly, and Section 194 of  33           

                Am. Sub. H.B. 215 of the 122nd General Assembly    34           

                to conform provisions in the Health Insuring                    

                Corporation Law and the Sickness and Accident      36           

                Insurance Law with the Health Insurance            37           

                Portability and Accountability Act of 1996, to     38           

                revise other provisions in these laws, to specify  40           

                how health insuring corporations are to bring      41           

                                                          2      


                                                                 
                their net worth into compliance with the Health    42           

                Insuring Corporation Law, to revise the premium    43           

                tax imposed on domestic and foreign insurance      44           

                companies that operate a health insuring                        

                corporation as a line of business, to make         45           

                related revisions in the phase-in schedule for     46           

                the tax, to authorize a form of group life         47           

                insurance as conversion coverage for certain       48           

                former employees and members, to remove the                     

                coverage limitation on group term life insurance   49           

                insuring the spouse and dependent children of an   50           

                insured employee or member, to add a member to     51           

                the committee created under Am. Sub. S.B. 154 of   52           

                the 122nd General Assembly to study the            53           

                continuing education requirements for insurance                 

                agents, to revise the standards for using          54           

                electronic signatures in records of health care    55           

                facilities, to specify when certain existing                    

                health care facilities are required to improve     57           

                the structure or fixtures of the facility in                    

                order to comply with the safety and                58           

                quality-of-care standards and quality-of-care      59           

                data reporting requirements established by the     60           

                Director of Health, to extend the Department of    61           

                Health's study of cardiac catheterization                       

                performed without an on-site open-heart surgery    62           

                service, to create the Save Our Sight Fund to      63           

                support eye health and safety programs for                      

                children, to require the Registrar of Motor        64           

                Vehicles and deputy registrars to request                       

                contributions to the fund from applicants for      65           

                motor vehicle registration and renewal, to                      

                require the Department of Health to develop        66           

                informational materials on eye care and safety,    67           

                                                          3      


                                                                 
                to allow a dentist to authorize a dental                        

                hygienist to provide dental hygiene services when  68           

                the dentist is not physically present if certain                

                conditions are met, to authorize the State Dental  69           

                Board to adopt rules allowing certified dental     70           

                assistants to polish the clinical crowns of                     

                teeth, to designate June as "Prostate Cancer       71           

                Awareness Month," to authorize mechanotherapists   72           

                to engage in their practice with certain other     73           

                health care professionals in a combined form of a               

                professional corporation, limited liability        74           

                company, partnership, or professional              75           

                association, and to change the manner of           76           

                determining the amount of the per day, per                      

                patient reimbursement that the Department of       77           

                Human Services pays for the reasonable capital                  

                costs of eligible nursing facilities and           78           

                intermediate care facilities for the mentally                   

                retarded, in specified circumstances in which      79           

                there is a transfer or lease between related       80           

                parties.                                                        




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        82           

      Section 1.  That sections 1701.03, 1705.03, 1705.04,         84           

1705.53, 1739.01, 1751.01, 1751.02, 1751.03, 1751.05, 1751.06,     86           

1751.11, 1751.12, 1751.13, 1751.14, 1751.15, 1751.16, 1751.20,     87           

1751.31, 1751.32, 1751.46, 1751.55, 1751.58, 1751.59, 1751.60,                  

1751.62, 1751.81, 1785.01, 1785.02, 1785.03, 1785.08, 1907.161,    88           

2305.252, 3701.75, 3901.21, 3901.38, 3917.01, 3917.06, 3923.021,   90           

3923.122, 3923.57, 3923.571, 3923.58, 3924.01, 3924.03, 3924.033,  93           

3924.08, 3924.09, 3924.10, 3924.11, 3924.13, 3999.22, 4715.22,     94           

4715.39, 4723.16, 4725.114, 4729.161, 4731.226, 4731.65, 4732.28,  96           

4734.091, 4755.471, 5111.25, 5111.251, 5111.264, 5111.81,          97           

                                                          4      


                                                                 
5112.01, 5112.08, 5725.18, and 5729.03 be amended and sections     99           

5.2217, 1751.141, 1751.321, 3701.18, 3702.141, and 4503.104 of     100          

the Revised Code be enacted to read as follows:                                 

      Sec. 5.2217.  THE MONTH OF JUNE SHALL BE DESIGNATED AS       103          

"PROSTATE CANCER AWARENESS MONTH."                                              

      Sec. 1701.03.  (A)  A corporation may be formed under this   112          

chapter for any purpose or combination of purposes for which       113          

individuals lawfully may associate themselves, except that, if     114          

the Revised Code contains special provisions pertaining to the     115          

formation of any designated type of corporation other than a       116          

professional association, as defined in section 1785.01 of the     117          

Revised Code, a corporation of that type shall be formed in        118          

accordance with the special provisions.                            119          

      (B)  On and after July 1, 1994, a corporation may be formed  122          

under this chapter for the purpose of carrying on the practice of  123          

any profession, including, but not limited to, a corporation for   124          

the purpose of providing public accounting or certified public     125          

accounting services, a corporation for the erection, owning, and   126          

conducting of a sanitarium for receiving and caring for patients,  127          

medical and hygienic treatment of patients, and instruction of     128          

nurses in the treatment of disease and in hygiene, a corporation   129          

for the purpose of providing architectural, landscape              130          

architectural, professional engineering, or surveying services or  131          

any combination of those types of services, and a corporation for  132          

the purpose of providing a combination of the professional         133          

services, as defined in section 1785.01 of the Revised Code, of    134          

optometrists authorized under Chapter 4725. of the Revised Code,   135          

chiropractors authorized under Chapter 4734. of the Revised Code,               

psychologists authorized under Chapter 4732. of the Revised Code,  137          

registered or licensed practical nurses authorized under Chapter   138          

4723. of the Revised Code, pharmacists authorized under Chapter    140          

4729. of the Revised Code, physical therapists authorized under    143          

sections 4755.40 to 4755.53 of the Revised Code,                   145          

MECHANOTHERAPISTS AUTHORIZED UNDER SECTION 4731.151 OF THE                      

                                                          5      


                                                                 
REVISED CODE, and doctors of medicine and surgery, osteopathic     147          

medicine and surgery, or podiatric medicine and surgery            148          

authorized under Chapter 4731. of the Revised Code.  This chapter  149          

does not restrict, limit, or otherwise affect the authority or     150          

responsibilities of any agency, board, commission, department,     151          

office, or other entity to license, register, and otherwise        152          

regulate the professional conduct of individuals or organizations  153          

of any kind rendering professional services, as defined in         154          

section 1785.01 of the Revised Code, in this state or to regulate  155          

the practice of any profession that is within the jurisdiction of  156          

the agency, board, commission, department, office, or other        157          

entity, notwithstanding that an individual is a director,          158          

officer, employee, or other agent of a corporation formed under    159          

this chapter and is rendering professional services or engaging    160          

in the practice of a profession through a corporation formed       161          

under this chapter or that the organization is a corporation       162          

formed under this chapter.                                         163          

      (C)  Nothing in division (A) or (B) of this section          165          

precludes the organization of a professional association in        166          

accordance with this chapter and Chapter 1785. of the Revised      167          

Code or the formation of a limited liability company under         168          

Chapter 1705. of the Revised Code with respect to a business, as   169          

defined in section 1705.01 of the Revised Code.                    170          

      (D)  No corporation formed for the purpose of providing a    174          

combination of the professional services, as defined in section    175          

1785.01 of the Revised Code, of optometrists authorized under                   

Chapter 4725. of the Revised Code, chiropractors authorized under  176          

Chapter 4734. of the Revised Code, psychologists authorized under  177          

Chapter 4732. of the Revised Code, registered or licensed          178          

practical nurses authorized under Chapter 4723. of the Revised                  

Code, pharmacists authorized under Chapter 4729. of the Revised    181          

Code, physical therapists authorized under sections 4755.40 to     183          

4755.53 of the Revised Code, MECHANOTHERAPISTS AUTHORIZED UNDER    185          

SECTION 4731.151 OF THE REVISED CODE, and doctors of medicine and  187          

                                                          6      


                                                                 
surgery, osteopathic medicine and surgery, or podiatric medicine   188          

and surgery authorized under Chapter 4731. of the Revised Code     189          

shall control the professional clinical judgment exercised within  190          

accepted and prevailing standards of practice of a licensed,       192          

certificated, or otherwise legally authorized optometrist,                      

chiropractor, psychologist, nurse, pharmacist, physical            193          

therapist, MECHANOTHERAPIST, or doctor of medicine and surgery,    195          

osteopathic medicine and surgery, or podiatric medicine and        198          

surgery in rendering care, treatment, or professional advice to    199          

an individual patient.                                                          

      This division does not prevent a hospital, as defined in     201          

section 3727.01 of the Revised Code, insurer, as defined in        203          

section 3999.36 of the Revised Code, or intermediary               205          

organization, as defined in section 1751.01 of the Revised Code,   207          

from entering into a contract with a corporation described in      208          

this division that includes a provision requiring utilization      209          

review, quality assurance, peer review, or other performance or                 

quality standards.  Those activities shall not be construed as     210          

controlling the professional clinical judgment of an individual    211          

practitioner listed in this division.                              212          

      Sec. 1705.03.  (A)  A limited liability company may sue and  221          

be sued.                                                                        

      (B)  Unless otherwise provided in its articles of            223          

organization, a limited liability company may take property of     224          

any description or any interest in property of any description by  225          

gift, devise, or bequest and may make donations for the public     226          

welfare or for charitable, scientific, or educational purposes.                 

      (C)  In carrying out the purposes stated in its articles of  228          

organization or operating agreement and subject to limitations     230          

prescribed by law or in its articles of organization or its        231          

operating agreement, a limited liability company may do all of                  

the following:                                                     232          

      (1)  Purchase or otherwise acquire, lease as lessee or       234          

lessor, invest in, hold, use, encumber, sell, exchange, transfer,  235          

                                                          7      


                                                                 
and dispose of property of any description or any interest in      236          

property of any description;                                                    

      (2)  Make contracts;                                         238          

      (3)  Form or acquire the control of other domestic or        240          

foreign limited liability companies;                               241          

      (4)  Be a shareholder, partner, member, associate, or        243          

participant in other profit or nonprofit enterprises or ventures;  244          

      (5)  Conduct its affairs in this state and elsewhere;        246          

      (6)  Render in this state and elsewhere a professional       248          

service, the kinds of professional services authorized under       250          

Chapters 4703. and 4733. of the Revised Code, or a combination of  251          

the professional services of optometrists authorized under         252          

Chapter 4725. of the Revised Code, chiropractors authorized under  253          

Chapter 4734. of the Revised Code, psychologists authorized under  254          

Chapter 4732. of the Revised Code, registered or licensed          255          

practical nurses authorized under Chapter 4723. of the Revised     257          

Code, pharmacists authorized under Chapter 4729. of the Revised    260          

Code, physical therapists authorized under sections 4755.40 to     262          

4755.53 of the Revised Code, MECHANOTHERAPISTS AUTHORIZED UNDER    264          

SECTION 4731.151 OF THE REVISED CODE, and doctors of medicine and  265          

surgery, osteopathic medicine and surgery, or podiatric medicine   266          

and surgery authorized under Chapter 4731. of the Revised Code;    267          

      (7)  Borrow money;                                           269          

      (8)  Issue, sell, and pledge its notes, bonds, and other     271          

evidences of indebtedness;                                         272          

      (9)  Secure any of its obligations by mortgage, pledge, or   274          

deed of trust of all or any of its property;                       275          

      (10)  Guarantee or secure obligations of any person;         277          

      (11)  Do all things permitted by law and exercise all        279          

authority within or incidental to the purposes stated in its       280          

articles of organization.                                                       

      (D)  In addition to the authority conferred by division (C)  282          

of this section and irrespective of the purposes stated in its     283          

articles of organization or operating agreement but subject to     285          

                                                          8      


                                                                 
any limitations stated in those articles or its operating                       

agreement, a limited liability company may invest funds not        286          

currently needed in its business in any securities if the          287          

investment does not cause the company to acquire control of        288          

another enterprise whose activities and operations are not         289          

incidental to the purposes stated in the articles of organization               

of the company.                                                    290          

      (E)(1)  No lack of authority or limitation upon the          292          

authority of a limited liability company shall be asserted in any  293          

action except as follows:                                                       

      (a)  By the state in an action by it against the company;    295          

      (b)  By or on behalf of the company in an action against a   297          

manager, an officer, or any member as a member;                    298          

      (c)  By a member as a member in an action against the        300          

company, a manager, an officer, or any member as a member;         301          

      (d)  In an action involving an alleged improper issue of a   303          

membership interest in the company.                                304          

      (2)  Division (E)(1) of this section applies to any action   306          

commenced in this state upon any contract made in this state by a  307          

foreign limited liability company.                                 308          

      Sec. 1705.04.  (A)  One or more persons, without regard to   317          

residence, domicile, or state of organization, may form a limited  318          

liability company.  The company is formed when one or more         320          

persons or their authorized representative signs and files with    321          

the secretary of state articles of organization that set forth     322          

all of the following:                                              323          

      (1)  The name of the company;                                325          

      (2)  Except as provided in division (B) of this section,     327          

the period of its duration, which may be perpetual;                328          

      (3)  The address to which interested persons may direct      330          

requests for copies of any operating agreement and any bylaws of   331          

the company;                                                       332          

      (4)  Any other provisions that are from the operating        334          

agreement or that are not inconsistent with applicable law and     335          

                                                          9      


                                                                 
that the members elect to set out in the articles for the          336          

regulation of the affairs of the company.                          337          

      (B)  If the articles of organization or operating agreement  339          

do not set forth the period of the duration of the limited         341          

liability company, its duration shall be perpetual.                342          

      (C)  If a limited liability company is formed under this     344          

chapter for the purpose of rendering a professional service, the   346          

kinds of professional services authorized under Chapters 4703.     347          

and 4733. of the Revised Code, or a combination of the                          

professional services of optometrists authorized under Chapter     348          

4725. of the Revised Code, chiropractors authorized under Chapter  349          

4734. of the Revised Code, psychologists authorized under Chapter  352          

4732. of the Revised Code, registered or licensed practical        353          

nurses authorized under Chapter 4723. of the Revised Code,         354          

pharmacists authorized under Chapter 4729. of the Revised Code,    355          

physical therapists authorized under sections 4755.40 to 4755.53   356          

of the Revised Code, MECHANOTHERAPISTS AUTHORIZED UNDER SECTION    357          

4731.151 OF THE REVISED CODE, and doctors of medicine and          359          

surgery, osteopathic medicine and surgery, or podiatric medicine   360          

and surgery authorized under Chapter 4731. of the Revised Code,    361          

the following apply:                                                            

      (1)  Each member, employee, or other agent of the company    363          

who renders a professional service in this state and, if the       364          

management of the company is not reserved to its members, each     365          

manager of the company who renders a professional service in this  366          

state shall be licensed, certificated, or otherwise legally        368          

authorized to render in this state the same kind of professional   369          

service; if applicable, the kinds of professional services         370          

authorized under Chapters 4703. and 4733. of the Revised Code;     371          

or, if applicable, any of the kinds of professional services of    372          

optometrists authorized under Chapter 4725. of the Revised Code,   373          

chiropractors authorized under Chapter 4734. of the Revised Code,  374          

psychologists authorized under Chapter 4732. of the Revised Code,  376          

registered or licensed practical nurses authorized under Chapter   378          

                                                          10     


                                                                 
4723. of the Revised Code, pharmacists authorized under Chapter                 

4729. of the Revised Code, physical therapists authorized under    380          

sections 4755.40 to 4755.53 of the Revised Code,                                

MECHANOTHERAPISTS AUTHORIZED UNDER SECTION 4731.151 OF THE         381          

REVISED CODE, or doctors of medicine and surgery, osteopathic      382          

medicine and surgery, or podiatric medicine and surgery            383          

authorized under Chapter 4731. of the Revised Code.                384          

      (2)  Each member, employee, or other agent of the company    386          

who renders a professional service in another state and, if the    387          

management of the company is not reserved to its members, each     388          

manager of the company who renders a professional service in       389          

another state shall be licensed, certificated, or otherwise        391          

legally authorized to render that professional service in the      392          

other state.                                                                    

      (D)  Except for the provisions of this chapter pertaining    394          

to the personal liability of members, employees, or other agents   395          

of a limited liability company and, if the management of the       396          

company is not reserved to its members, the personal liability of  397          

managers of the company, this chapter does not restrict, limit,    398          

or otherwise affect the authority or responsibilities of any       399          

agency, board, commission, department, office, or other entity to  400          

license, certificate, register, and otherwise regulate the         401          

professional conduct of individuals or organizations of any kind   403          

rendering professional services in this state or to regulate the   404          

practice of any profession that is within the jurisdiction of the  405          

agency, board, commission, department, office, or other entity,    406          

notwithstanding that the individual is a member or manager of a    407          

limited liability company and is rendering the professional        408          

services or engaging in the practice of the profession through     409          

the limited liability company or that the organization is a        410          

limited liability company.                                         411          

      (E)  No limited liability company formed for the purpose of  415          

providing a combination of the professional services, as defined                

in section 1785.01 of the Revised Code, of optometrists            416          

                                                          11     


                                                                 
authorized under Chapter 4725. of the Revised Code, chiropractors  417          

authorized under Chapter 4734. of the Revised Code, psychologists  418          

authorized under Chapter 4732. of the Revised Code, registered or  420          

licensed practical nurses authorized under Chapter 4723. of the                 

Revised Code, pharmacists authorized under Chapter 4729. of the    421          

Revised Code, physical therapists authorized under sections        422          

4755.40 to 4755.53 of the Revised Code, MECHANOTHERAPISTS          423          

AUTHORIZED UNDER SECTION 4731.151 OF THE REVISED CODE, and         424          

doctors of medicine and surgery, osteopathic medicine and          425          

surgery, or podiatric medicine and surgery authorized under        426          

Chapter 4731. of the Revised Code shall control the professional   429          

clinical judgment exercised within accepted and prevailing                      

standards of practice of a licensed, certificated, or otherwise    430          

legally authorized optometrist, chiropractor, psychologist,        431          

nurse, pharmacist, physical therapist, MECHANOTHERAPIST, or        432          

doctor of medicine and surgery, osteopathic medicine and surgery,  435          

or podiatric medicine and surgery in rendering care, treatment,    437          

or professional advice to an individual patient.                   438          

      This division does not prevent a hospital, as defined in     440          

section 3727.01 of the Revised Code, insurer, as defined in        442          

section 3999.36 of the Revised Code, or intermediary               444          

organization, as defined in section 1751.01 of the Revised Code,   446          

from entering into a contract with a limited liability company     447          

described in this division that includes a provision requiring     448          

utilization review, quality assurance, peer review, or other                    

performance or quality standards.  Those activities shall not be   449          

construed as controlling the professional clinical judgment of an  450          

individual practitioner listed in this division.                   451          

      Sec. 1705.53.  Subject to any contrary provisions of the     460          

Ohio Constitution, the laws of the state under which a foreign     461          

limited liability company is organized govern its organization     462          

and internal affairs and the liability of its members.  A foreign  463          

limited liability company may not be denied a certificate of       464          

registration as a foreign limited liability company in this state  465          

                                                          12     


                                                                 
because of any difference between the laws of the state under                   

which it is organized and the laws of this state.  However, a      466          

foreign limited liability company that applies for registration    467          

under this chapter to render a professional service in this        468          

state, as a condition to obtaining and maintaining a certificate   469          

of registration, shall comply with the requirements of division    470          

(C) of section 1705.04 of the Revised Code and shall comply with   471          

the requirements of Chapters 4703. and 4733. of the Revised Code   472          

if the kinds of professional services authorized under those       473          

chapters are to be rendered or with the requirements of Chapters   475          

4723., 4725., 4729., 4731., 4732., 4734., and 4755. of the         477          

Revised Code if a combination of the professional services of                   

optometrists authorized under Chapter 4725. of the Revised Code,   480          

chiropractors authorized under Chapter 4734. of the Revised Code,  481          

psychologists authorized under Chapter 4732. of the Revised Code,  483          

registered or licensed practical nurses authorized under Chapter   485          

4723. of the Revised Code, pharmacists authorized under Chapter    487          

4729. of the Revised Code, physical therapists authorized under    490          

sections 4755.40 to 4755.53 of the Revised Code,                   492          

MECHANOTHERAPISTS AUTHORIZED UNDER SECTION 4731.151 OF THE                      

REVISED CODE, and doctors of medicine and surgery, osteopathic     494          

medicine and surgery, or podiatric medicine and surgery                         

authorized under Chapter 4731. of the Revised Code are to be       495          

rendered.                                                                       

      Sec. 1739.01.  As used in sections 1739.01 to 1739.22 of     504          

the Revised Code:                                                  505          

      (A)  "Agreement" means a written agreement executed by       507          

members of a multiple employer welfare arrangement that            508          

establishes an arrangement, provides for its operation, and        509          

through which each member agrees to assume and discharge all       510          

liability under sections 1739.01 to 1739.22 of the Revised Code    511          

relating to or arising out of the operation of the arrangement in  512          

proportion to the ratio of the total number of covered employees   513          

employed by the member at the time the liability arose to the      514          

                                                          13     


                                                                 
total number of covered employees employed by all members of the   515          

arrangement at the time the liability arose.                       516          

      (B)  "Excess insurance" or "stop-loss insurance" means an    518          

insurance policy purchased by a multiple employer welfare          519          

arrangement under which it receives reimbursement for benefits it  520          

pays in excess of a preset deductible or limit.                    521          

      (C)  "Fully-insured FULLY INSURED program" means a program   523          

by which benefits are provided to members, employees of members,   525          

or the dependents of such members or employees, through the        526          

purchase of sickness and accident insurance from an insurance      527          

company licensed to do business in this state or health services   528          

purchased from a health maintenance organization INSURING          529          

CORPORATION authorized to do business in this state.               531          

      (D)  "Group self-insurance program" means a program by       533          

which benefits are provided to members, employees of members, or   534          

the dependents of such members or employees, other than through    535          

sickness and accident insurance purchased from an insurance        536          

company licensed to do business in this state or health care       537          

services purchased from a health maintenance organization          538          

INSURING CORPORATION authorized to do business in this state.      539          

      (E)  "Member" means an individual or an employer that is a   541          

member of an organization sponsoring a multiple employer welfare   542          

arrangement.                                                       543          

      (F)  "Multiple employer welfare arrangement" means an        545          

employee welfare benefit plan, trust, or any other arrangement,    546          

whether such plan, trust, or arrangement is subject to the         547          

"Employee Retirement Income Security Act of 1974," 88 Stat. 829,   548          

29 U.S.C.A. 1001, as amended, that is established or maintained    549          

for the purpose of offering or providing, through group insurance  550          

or group self-insurance programs, medical, surgical, or hospital   551          

care or benefits, or benefits in the event of sickness, accident,  552          

disability, or death, to the employees, and their dependents, of   553          

two or more employers, or to two or more self-employed             554          

individuals and their dependents.                                  555          

                                                          14     


                                                                 
      (G)  "Premium" means any type of consideration paid to a     557          

multiple employer welfare arrangement by a member for coverage     558          

under the arrangement.                                             559          

      (H)  "Surplus" means the total assets of the multiple        561          

employer welfare arrangement less its liabilities and reserves as  562          

determined in accordance with the requirements of sections         563          

1739.01 to 1739.21 of the Revised Code.                            564          

      (I)  "Third-party administrator" has the same meaning as     566          

"administrator" in section 3959.01 of the Revised Code.            567          

      Sec. 1751.01.  As used in this chapter:                      576          

      (A)  "Basic health care services" means the following        579          

services when medically necessary:                                 580          

      (1)  Physician's services, except when such services are     582          

supplemental under division (B) of this section;                   584          

      (2)  Inpatient hospital services;                            586          

      (3)  Outpatient medical services;                            588          

      (4)  Emergency health services;                              590          

      (5)  Urgent care services;                                   592          

      (6)  Diagnostic laboratory services and diagnostic and       594          

therapeutic radiologic services;                                   595          

      (7)  Preventive health care services, including, but not     597          

limited to, voluntary family planning services, infertility        598          

services, periodic physical examinations, prenatal obstetrical     599          

care, and well-child care.                                         600          

      "Basic health care services" does not include experimental   602          

procedures.                                                        603          

      A health insuring corporation shall not offer coverage for   605          

a health care service, defined as a basic health care service by   606          

this division, unless it offers coverage for all listed basic      607          

health care services.  However, this requirement does not apply    609          

to the coverage of beneficiaries enrolled in Title XVIII of the    610          

"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as    612          

amended, pursuant to a medicare risk contract or medicare cost     613          

contract, or to the coverage of beneficiaries enrolled in the      614          

                                                          15     


                                                                 
federal employee health benefits program pursuant to 5 U.S.C.A.    616          

8905, or to the coverage of beneficiaries enrolled in Title XIX    617          

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.     619          

301, as amended, known as the medical assistance program or        620          

medicaid, provided by the Ohio department of human services under  621          

Chapter 5111. of the Revised Code, or to the coverage of           623          

beneficiaries under any federal health care program regulated by   624          

a federal regulatory body, OR TO THE COVERAGE OF BENEFICIARIES     625          

UNDER ANY CONTRACT COVERING OFFICERS OR EMPLOYEES OF THE STATE     626          

THAT HAS BEEN ENTERED INTO BY THE DEPARTMENT OF ADMINISTRATIVE     628          

SERVICES.                                                                       

      (B)  "Supplemental health care services" means any health    631          

care services other than basic health care services that a health  632          

insuring corporation may offer, alone or in combination with       633          

either basic health care services or other supplemental health     634          

care services, and includes:                                                    

      (1)  Services of facilities for intermediate or long-term    636          

care, or both;                                                     637          

      (2)  Dental care services;                                   639          

      (3)  Vision care and optometric services including lenses    641          

and frames;                                                        642          

      (4)  Podiatric care or foot care services;                   644          

      (5)  Mental health services including psychological          646          

services;                                                          647          

      (6)  Short-term outpatient evaluative and                    649          

crisis-intervention mental health services;                        650          

      (7)  Medical or psychological treatment and referral         652          

services for alcohol and drug abuse or addiction;                  653          

      (8)  Home health services;                                   655          

      (9)  Prescription drug services;                             657          

      (10)  Nursing services;                                      659          

      (11)  Services of a dietitian licensed under Chapter 4759.   662          

of the Revised Code;                                                            

      (12)  Physical therapy services;                             664          

                                                          16     


                                                                 
      (13)  Chiropractic services;                                 666          

      (14)  Any other category of services approved by the         668          

superintendent of insurance.                                       669          

      (C)  "Specialty health care services" means one of the       671          

supplemental health care services listed in division (B)(1) to     673          

(13) of this section, when provided by a health insuring           674          

corporation on an outpatient-only basis and not in combination     675          

with other supplemental health care services.                                   

      (D)  "Closed panel plan" means a health care plan that       677          

requires enrollees to use participating providers.                 678          

      (E)  "Compensation" means remuneration for the provision of  681          

health care services, determined on other than a fee-for-service   682          

or discounted-fee-for-service basis.                                            

      (F)  "Contractual periodic prepayment" means the formula     685          

for determining the premium rate for all subscribers of a health   686          

insuring corporation.                                              687          

      (G)  "Corporation" means a corporation formed under Chapter  690          

1701. or 1702. of the Revised Code or the similar laws of another  692          

state.                                                                          

      (H)  "Emergency health services" means those health care     695          

services that must be available on a seven-days-per-week,          696          

twenty-four-hours-per-day basis in order to prevent jeopardy to    697          

an enrollee's health status that would occur if such services      698          

were not received as soon as possible, and includes, where         699          

appropriate, provisions for transportation and indemnity payments  700          

or service agreements for out-of-area coverage.                    701          

      (I)  "Enrollee" means any natural person who is entitled to  704          

receive health care benefits provided by a health insuring         705          

corporation.                                                                    

      (J)  "Evidence of coverage" means any certificate,           708          

agreement, policy, or contract issued to a subscriber that sets    709          

out the coverage and other rights to which such person is          710          

entitled under a health care plan.                                 711          

      (K)  "Health care facility" means any facility, except a     714          

                                                          17     


                                                                 
health care practitioner's office, that provides preventive,       715          

diagnostic, therapeutic, acute convalescent, rehabilitation,       716          

mental health, mental retardation, intermediate care, or skilled   717          

nursing services.                                                  718          

      (L)  "Health care services" means any BASIC, SUPPLEMENTAL,   721          

AND SPECIALTY HEALTH CARE services involved in or incident to the  722          

furnishing of preventive, diagnostic, therapeutic, or              723          

rehabilitative care.                                               724          

      (M)  "Health delivery network" means any group of providers  727          

or health care facilities, or both, or any representative          728          

thereof, that have entered into an agreement to offer health care  730          

services in a panel rather than on an individual basis.            731          

      (N)  "Health insuring corporation" means a corporation, as   734          

defined in division (G) of this section, that, pursuant to a       735          

policy, contract, certificate, or agreement, pays for,             736          

reimburses, or provides, delivers, arranges for, or otherwise      737          

makes available, basic health care services, supplemental health   738          

care services, or specialty health care services, or a             739          

combination of basic health care services and either supplemental  740          

health care services or specialty health care services, through    742          

either an open panel plan or a closed panel plan.                  743          

      "Health insuring corporation" does not include a limited     746          

liability company formed pursuant to Chapter 1705. of the Revised  748          

Code, AN INSURER LICENSED UNDER TITLE XXXIX OF THE REVISED CODE    754          

IF THAT INSURER OFFERS ONLY OPEN PANEL PLANS UNDER WHICH ALL       755          

PROVIDERS AND HEALTH CARE FACILITIES PARTICIPATING RECEIVE THEIR   756          

COMPENSATION DIRECTLY FROM THE INSURER, a corporation formed by    757          

or on behalf of a political subdivision or a department, office,   758          

or institution of the state, or a public entity formed by or on    759          

behalf of a board of county commissioners, a county board of       761          

mental retardation and developmental disabilities, an alcohol and  763          

drug addiction services board, a board of alcohol, drug            764          

addiction, and mental health services, or a community mental       765          

health board, as those terms are used in Chapters 340. and 5126.   766          

                                                          18     


                                                                 
of the Revised Code.  Except as provided by division (D) of        769          

section 1751.02 of the Revised Code, or as otherwise provided by   772          

law, no board, commission, agency, or other entity under the       774          

control of a political subdivision may accept insurance risk in    775          

providing for health care services.  However, nothing in this      776          

division shall be construed as prohibiting such entities from      777          

purchasing the services of a health insuring corporation or a      778          

third-party administrator licensed under Chapter 3959. of the      779          

Revised Code.                                                      780          

      (O)  "Intermediary organization" means a health delivery     783          

network or other entity that contracts with licensed health        784          

insuring corporations or self-insured employers, or both, to       785          

provide health care services, and that enters into contractual     787          

arrangements with other entities for the provision of health care  788          

services for the purpose of fulfilling the terms of its contracts  789          

with the health insuring corporations and self-insured employers.  790          

      (P)  "Intermediate care" means residential care above the    793          

level of room and board for patients who require personal          794          

assistance and health-related services, but who do not require     795          

skilled nursing care.                                                           

      (Q)  "Medical record" means the personal information that    798          

relates to an individual's physical or mental condition, medical   799          

history, or medical treatment.                                     800          

      (R)(1)  "Open panel plan" means a health care plan that      802          

provides incentives for enrollees to use participating providers   803          

and that also allows enrollees to use providers that are not       804          

participating providers.                                                        

      (2)  No health insuring corporation may offer an open panel  807          

plan, unless the health insuring corporation is also licensed as   808          

an insurer under Title XXXIX of the Revised Code, the health       809          

insuring corporation, on the effective date of this section JUNE   810          

4, 1997, holds a certificate of authority or license to operate    812          

under Chapter 1736. or 1740. of the Revised Code, or an insurer    813          

licensed under Title XXXIX of the Revised Code is responsible for  815          

                                                          19     


                                                                 
the out-of-network risk as evidenced by both an evidence of                     

coverage filing under section 1751.11 of the Revised Code and a    817          

policy and certificate filing under section 3923.02 of the         818          

Revised Code.                                                      819          

      (S)  "PANEL" MEANS A GROUP OF PROVIDERS OR HEALTH CARE       821          

FACILITIES THAT HAVE JOINED TOGETHER TO DELIVER HEALTH CARE        822          

SERVICES THROUGH A CONTRACTUAL ARRANGEMENT WITH A HEALTH INSURING  824          

CORPORATION, EMPLOYER GROUP, OR OTHER PAYOR.                                    

      (T)  "Person" has the same meaning as in section 1.59 of     826          

the Revised Code, and, unless the context otherwise requires,      827          

includes any insurance company holding a certificate of authority  828          

under Title XXXIX of the Revised Code, any subsidiary and          830          

affiliate of an insurance company, and any government agency.      831          

      (T)(U)  "Premium rate" means any set fee regularly paid by   834          

a subscriber to a health insuring corporation.  A "premium rate"   835          

does not include a one-time membership fee, an annual                           

administrative fee, or a nominal access fee, paid to a managed     836          

health care system under which the recipient of health care        837          

services remains solely responsible for any charges accessed for   838          

those services by the provider or health care facility.            839          

      (U)(V)  "Primary care provider" means a provider that is     842          

designated by a health insuring corporation to supervise,          843          

coordinate, or provide initial care or continuing care to an       844          

enrollee, and that may be required by the health insuring          845          

corporation to initiate a referral for specialty care and to       846          

maintain supervision of the health care services rendered to the   847          

enrollee.                                                                       

      (V)(W)  "Provider" means any natural person or partnership   850          

of natural persons who are licensed, certified, accredited, or     851          

otherwise authorized in this state to furnish health care          852          

services, or any professional association organized under Chapter  853          

1785. of the Revised Code, provided that nothing in this chapter   855          

or other provisions of law shall be construed to preclude a        856          

health insuring corporation, health care practitioner, or          857          

                                                          20     


                                                                 
organized health care group associated with a health insuring      858          

corporation from employing CERTIFIED nurse practitioners,                       

CERTIFIED NURSE ANESTHETISTS, CLINICAL NURSE SPECIALISTS,          859          

CERTIFIED NURSE MIDWIVES, dietitians, physicians' assistants,      860          

dental assistants, dental hygienists, optometric technicians, or   861          

other allied health personnel who are licensed, certified,         862          

accredited, or otherwise authorized in this state to furnish       863          

health care services.                                                           

      (W)(X)  "Provider sponsored organization" means a            866          

corporation, as defined in division (G) of this section, that is   867          

at least eighty per cent owned or controlled by one or more        869          

hospitals, as defined in section 3727.01 of the Revised Code, or   870          

one or more physicians licensed to practice medicine or surgery    871          

or osteopathic medicine and surgery under Chapter 4731. of the     872          

Revised Code, or any combination of such physicians and            873          

hospitals.  Such control is presumed to exist if at least eighty   874          

per cent of the voting rights or governance rights of a provider   875          

sponsored organization are directly or indirectly owned,           876          

controlled, or otherwise held by any combination of the            877          

physicians and hospitals described in this division.               878          

      (X)(Y)  "Solicitation document" means the written materials  880          

provided to prospective subscribers or enrollees, or both, and     882          

used for advertising and marketing to induce enrollment in the     883          

health care plans of a health insuring corporation.                884          

      (Y)(Z)  "Subscriber" means a person who is responsible for   887          

making payments to a health insuring corporation for               888          

participation in a health care plan, or an enrollee whose          889          

employment or other status is the basis of eligibility for         890          

enrollment in a health insuring corporation.                                    

      (Z)(AA)  "Urgent care services" means those health care      893          

services that are appropriately provided for an unforeseen         894          

condition of a kind that usually requires medical attention        895          

without delay but that does not pose a threat to the life, limb,   896          

or permanent health of the injured or ill person, and may include  898          

                                                          21     


                                                                 
such health care services provided out of the health insuring      899          

corporation's approved service area pursuant to indemnity          900          

payments or service agreements.                                                 

      Sec. 1751.02.  (A)  Notwithstanding any law in this state    909          

to the contrary, any corporation, as defined in section 1751.01    911          

of the Revised Code, may apply to the superintendent of insurance  913          

for a certificate of authority to establish and operate a health   914          

insuring corporation.  If the corporation applying for a           915          

certificate of authority is a foreign corporation domiciled in a   916          

state without laws similar to those of this chapter, the           918          

corporation must form a domestic corporation to apply for,                      

obtain, and maintain a certificate of authority under this         919          

chapter.                                                                        

      (B)  No person shall establish, operate, or perform the      922          

services of a health insuring corporation in this state without    924          

obtaining a certificate of authority under this chapter.           925          

      (C)  Except as provided by division (D) of this section, no  928          

political subdivision or department, office, or institution of     929          

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

political subdivision or department, office, or institution of     930          

this state, shall establish, operate, or perform the services of   931          

a health insuring corporation.  Nothing in this section shall be   934          

construed to preclude a board of county commissioners, a county    935          

board of mental retardation and developmental disabilities, an     936          

alcohol and drug addiction services board, a board of alcohol,     937          

drug addiction, and mental health services, or a community mental  938          

health board, or a public entity formed by or on behalf of any of  939          

these boards, from using managed care techniques in carrying out   940          

the board's or public entity's duties pursuant to the              941          

requirements of Chapters 307., 329., 340., and 5126. of the        943          

Revised Code.  However, no such board or public entity may         945          

operate so as to compete in the private sector with health         946          

insuring corporations holding certificates of authority under      947          

this chapter.                                                                   

                                                          22     


                                                                 
      (D)  A corporation formed by or on behalf of a publicly      949          

owned, operated, or funded hospital or health care facility may    950          

apply to the superintendent for a certificate of authority under   952          

division (A) of this section to establish and operate a health     953          

insuring corporation.                                                           

      (E)  A health insuring corporation shall operate in this     956          

state in compliance with this chapter and Chapter 1753. of the     957          

Revised Code, and with sections 3702.51 to 3702.62 of the Revised  959          

Code, and shall operate in conformity with its filings with the    961          

superintendent under this chapter, including filings made          962          

pursuant to sections 1751.03, 1751.11, 1751.12, and 1751.31 of     963          

the Revised Code.                                                  965          

      (F)  An insurer licensed under Title XXXIX of the Revised    969          

Code need not obtain a certificate of authority as a health        970          

insuring corporation to offer an open panel plan as long as the    971          

providers and health care facilities participating in the open     972          

panel plan receive their compensation directly from the insurer.   973          

If the providers and health care facilities participating in the   974          

open panel plan receive their compensation from any person other   975          

than the insurer, or if the insurer offers a closed panel plan,    976          

the insurer must obtain a certificate of authority as a health     977          

insuring corporation.                                                           

      (G)  An intermediary organization need not obtain a          980          

certificate of authority as a health insuring corporation,         981          

regardless of the method of reimbursement to the intermediary      982          

organization, as long as a health insuring corporation or a        984          

self-insured employer maintains the ultimate responsibility to     985          

assure delivery of all health care services required by the                     

contract between the health insuring corporation and the           986          

subscriber and the laws of this state or between the self-insured  987          

employer and its employees.                                        988          

      Nothing in this section shall be construed to require any    990          

health care facility, provider, health delivery network, or        991          

intermediary organization that contracts with a health insuring    992          

                                                          23     


                                                                 
corporation or self-insured employer, regardless of the method of  994          

reimbursement to the health care facility, provider, health                     

delivery network, or intermediary organization, to obtain a        995          

certificate of authority as a health insuring corporation under    996          

this chapter, unless otherwise provided, in the case of contracts  998          

with a self-insured employer, by operation of the "Employee        999          

Retirement Income Security Act of 1974," 88 Stat. 829, 29          1,004        

U.S.C.A. 1001, as amended.                                         1,006        

      (H)  Any health delivery network doing business in this      1,009        

state, INCLUDING ANY HEALTH DELIVERY NETWORK THAT IS FUNCTIONING   1,010        

AS AN INTERMEDIARY ORGANIZATION DOING BUSINESS IN THIS STATE,      1,012        

that is not required to obtain a certificate of authority under    1,013        

this chapter shall certify to the superintendent annually, not     1,014        

later than the first day of July, and shall provide a statement    1,016        

signed by the highest ranking official which includes the          1,017        

following information:                                                          

      (1)  The health delivery network's full name and the         1,019        

address of its principal place of business;                        1,020        

      (2)  A statement that the health delivery network is not     1,022        

required to obtain a certificate of authority under this chapter   1,023        

to conduct its business.                                           1,024        

      (I)  The superintendent shall not issue a certificate of     1,027        

authority to a health insuring corporation that is a provider      1,028        

sponsored organization unless all health care plans to be offered  1,029        

by the health insuring corporation provide basic health care       1,030        

services.  Substantially all of the physicians and hospitals with  1,031        

ownership or control of the provider sponsored organization, as    1,032        

defined in division (W)(X) of section 1751.01 of the Revised       1,034        

Code, shall also be participating providers for the provision of   1,036        

basic health care services for health care plans offered by the    1,037        

provider sponsored organization.  If a health insuring             1,038        

corporation that is a provider sponsored organization offers       1,039        

health care plans that do not provide basic health care services,  1,040        

the health insuring corporation shall be deemed, for purposes of   1,041        

                                                          24     


                                                                 
section 1751.35 of the Revised Code, to have failed to             1,042        

substantially comply with this chapter.                            1,043        

      Except as specifically provided in this division and in      1,045        

division (C) of section 1751.28 of the Revised Code, the           1,047        

provisions of this chapter shall apply to all health insuring                   

corporations that are provider sponsored organizations in the      1,048        

same manner that these provisions apply to all health insuring     1,049        

corporations that are not provider sponsored organizations.        1,050        

      (J)  Nothing in this section shall be construed to apply to  1,052        

any multiple employer welfare arrangement operating pursuant to    1,053        

Chapter 1739. of the Revised Code.                                 1,054        

      (K)  Any person who violates division (B) of this section,   1,058        

and any health delivery network that fails to comply with          1,059        

division (H) of this section, is subject to the penalties set      1,060        

forth in section 1751.45 of the Revised Code.                      1,062        

      Sec. 1751.03.  (A)  Each application for a certificate of    1,072        

authority under this chapter shall be verified by an officer or    1,073        

authorized representative of the applicant, shall be in a format   1,074        

prescribed by the superintendent of insurance, and shall set       1,075        

forth or be accompanied by the following:                          1,076        

      (1)  A certified copy of the applicant's articles of         1,078        

incorporation and all amendments to the articles of                1,079        

incorporation;                                                     1,080        

      (2)  A copy of any regulations adopted for the government    1,082        

of the corporation, any bylaws, and any similar documents, and a   1,083        

copy of all amendments to these regulations, bylaws, and           1,084        

documents.  The corporate secretary shall certify that these       1,085        

regulations, bylaws, documents, and amendments have been properly  1,087        

adopted or approved.                                                            

      (3)  A list of the names, addresses, and official positions  1,090        

of the persons responsible for the conduct of the applicant,       1,091        

including all members of the board, the principal officers, and    1,092        

the person responsible for completing or filing financial          1,093        

statements with the department of insurance, accompanied by a      1,094        

                                                          25     


                                                                 
completed original biographical affidavit and release of           1,095        

information for each of these persons on forms acceptable to the   1,096        

department;                                                                     

      (4)  A full and complete disclosure of the extent and        1,098        

nature of any contractual or other financial arrangement between   1,099        

the applicant and any provider or a person listed in division      1,100        

(A)(3) of this section, including, but not limited to, a full and  1,102        

complete disclosure of the financial interest held by any such     1,103        

provider or person in any health care facility, provider, or       1,104        

insurer that has entered into a financial relationship with the    1,105        

health insuring corporation;                                       1,106        

      (5)  A description of the applicant, its facilities, and     1,108        

its personnel, including, but not limited to, the location, hours  1,110        

of operation, and telephone numbers of all contracted facilities;  1,111        

      (6)  The applicant's projected annual enrollee population    1,113        

over a three-year period;                                          1,114        

      (7)  A clear and specific description of the health care     1,116        

plan or plans to be used by the applicant, including a             1,117        

description of the proposed providers, procedures for accessing    1,118        

care, and the form of all proposed and existing contracts          1,119        

relating to the administration, delivery, or financing of health   1,120        

care services;                                                     1,121        

      (8)  A copy of each type of evidence of coverage and         1,123        

identification card or similar document to be issued to            1,124        

subscribers;                                                       1,125        

      (9)  A copy of each type of individual or group policy,      1,127        

contract, or agreement to be used;                                 1,128        

      (10)  The schedule of the proposed contractual periodic      1,130        

prepayments or premium rates, or both, accompanied by appropriate  1,131        

supporting data;                                                   1,132        

      (11)  A financial plan which provides a three-year           1,134        

projection of operating results, including the projected           1,135        

expenses, income, and sources of working capital;                  1,136        

      (12)  The enrollee complaint procedure to be utilized as     1,138        

                                                          26     


                                                                 
required under section 1751.19 of the Revised Code;                1,141        

      (13)  A description of the procedures and programs to be     1,143        

implemented on an ongoing basis to assure the quality of health    1,144        

care services delivered to enrollees, including, if applicable, a  1,145        

description of a quality assurance program complying with the      1,147        

requirements of sections 1751.73 to 1751.75 of the Revised Code;                

      (14)  A statement describing the geographic area or areas    1,149        

to be served, by county;                                           1,150        

      (15)  A copy of all solicitation documents;                  1,152        

      (16)  A balance sheet and other financial statements         1,154        

showing the applicant's assets, liabilities, income, and other     1,155        

sources of financial support;                                      1,156        

      (17)  A description of the nature and extent of any          1,158        

reinsurance program to be implemented, and a demonstration that    1,159        

errors and omission insurance and, if appropriate, fidelity        1,160        

insurance, will be in place upon the applicant's receipt of a      1,161        

certificate of authority;                                          1,162        

      (18)  Copies of all proposed or in force related-party or    1,164        

intercompany agreements with an explanation of the financial       1,165        

impact of these agreements on the applicant.  If the applicant     1,166        

intends to enter into a contract for managerial or administrative  1,168        

services, with either an affiliated or an unaffiliated person,                  

the applicant shall provide a copy of the contract and a detailed  1,169        

description of the person to provide these services.  The          1,171        

description shall include that person's experience in managing or  1,172        

administering health care plans, a copy of that person's most      1,173        

recent audited financial statement, and a completed biographical   1,174        

affidavit on a form acceptable to the superintendent for each of   1,175        

that person's principal officers and board members and for any     1,176        

additional employee to be directly involved in providing           1,177        

managerial or administrative services to the health insuring       1,178        

corporation.  If the person to provide managerial or               1,179        

administrative services is affiliated with the health insuring     1,180        

corporation, the contract must provide for payment for services    1,181        

                                                          27     


                                                                 
based on actual costs.                                                          

      (19)  A statement from the applicant's board that the        1,183        

admitted assets of the applicant have not been and will not be     1,184        

pledged or hypothecated;                                           1,185        

      (20)  A statement from the applicant's board that the        1,187        

applicant will submit monthly financial statements during the      1,188        

first year of operations;                                          1,189        

      (21)  The name and address of the applicant's Ohio           1,192        

statutory agent for service of process, notice, or demand;         1,193        

      (22)  Copies of all documents the applicant filed with the   1,195        

secretary of state;                                                1,196        

      (23)  The location of those books and records of the         1,198        

applicant that must be maintained, WHICH BOOKS AND RECORDS SHALL   1,199        

BE MAINTAINED in Ohio IF THE APPLICANT IS A DOMESTIC CORPORATION,  1,200        

AND WHICH MAY BE MAINTAINED EITHER IN THE APPLICANT'S STATE OF     1,202        

DOMICILE OR IN OHIO IF THE APPLICANT IS A FOREIGN CORPORATION;     1,204        

      (24)  The applicant's federal identification number,         1,206        

corporate address, and mailing address;                            1,207        

      (25)  An internal and external organizational chart;         1,210        

      (26)  A list of the assets representing the initial net      1,212        

worth of the applicant;                                            1,213        

      (27)  If the applicant has a parent company, the parent      1,215        

company's guaranty, on a form acceptable to the superintendent,    1,216        

that the applicant will maintain Ohio's minimum net worth.  If no  1,219        

parent company exists, a statement regarding the availability of   1,220        

future funds if needed.                                                         

      (28)  The names and addresses of the applicant's actuary     1,222        

and external auditors;                                             1,223        

      (29)  If the applicant is a foreign corporation, a copy of   1,225        

the most recent financial statements filed with the insurance      1,226        

regulatory agency in the applicant's state of domicile;            1,227        

      (30)  If the applicant is a foreign corporation, a           1,229        

statement from the insurance regulatory agency of the applicant's  1,230        

state of domicile stating that the regulatory agency has no        1,231        

                                                          28     


                                                                 
objection to the applicant applying for an Ohio license and that   1,232        

the applicant is in good standing in the applicant's state of      1,233        

domicile;                                                          1,234        

      (31)  Any other information that the superintendent may      1,236        

require.                                                           1,237        

      (B)(1)  A health insuring corporation, unless otherwise      1,240        

provided for in this chapter OR IN SECTION 3901.321 OF THE         1,242        

REVISED CODE, shall file a timely notice with the superintendent   1,244        

describing any change to the corporation's articles of             1,245        

incorporation or regulations, or any major modification to its     1,246        

operations as set out in the information required by division (A)  1,248        

of this section that affects any of the following:                 1,249        

      (a)  The solvency of the health insuring corporation;        1,252        

      (b)  The health insuring corporation's continued provision   1,255        

of services that it has contracted to provide;                     1,256        

      (c)  The manner in which the health insuring corporation     1,259        

conducts its business.                                                          

      (2)  If the change or modification is to be the result of    1,261        

an action to be taken by the health insuring corporation, the      1,262        

notice shall be filed with the superintendent prior to the health  1,263        

insuring corporation taking the action.  The action shall be       1,265        

deemed approved if the superintendent does not disapprove it       1,266        

within sixty days of filing.                                       1,267        

      (3)  THE FILING OF A NOTICE PURSUANT TO DIVISION (B)(1) OR   1,270        

(2) OF THIS SECTION SHALL ALSO SERVE AS THE SUBMISSION OF A        1,271        

NOTICE WHEN REQUIRED FOR THE SUPERINTENDENT'S REVIEW FOR PURPOSES  1,272        

OF SECTION 3901.341 OF THE REVISED CODE, IF THE NOTICE CONTAINS    1,274        

ALL OF THE INFORMATION THAT SECTION 3901.341 OF THE REVISED CODE   1,278        

REQUIRES FOR SUCH SUBMISSIONS AND A COPY OF ANY WRITTEN            1,279        

AGREEMENT.  THE FILING OF SUCH A NOTICE, FOR THE PURPOSE OF        1,280        

SATISFYING THIS DIVISION AND SECTION 3901.341 OF THE REVISED       1,283        

CODE, SHALL BE SUBJECT TO THE SIXTY-DAY REVIEW PERIOD OF DIVISION  1,284        

(B)(2) OF THIS SECTION.                                            1,285        

      (C)(1)  No health insuring corporation shall expand its      1,288        

                                                          29     


                                                                 
approved service area until a copy of the request for expansion,   1,289        

accompanied by documentation of the network of providers, FORMS    1,291        

OF ALL PROPOSED OR EXISTING PROVIDER CONTRACTS RELATING TO THE     1,292        

DELIVERY OF HEALTH CARE SERVICES, A SCHEDULE OF PROPOSED           1,293        

CONTRACTUAL PERIODIC PREPAYMENTS AND PREMIUM RATES FOR GROUP       1,294        

CONTRACTS ACCOMPANIED BY APPROPRIATE SUPPORTING DATA, enrollment   1,295        

projections, plan of operation, and any other changes have been    1,296        

filed with the superintendent.                                     1,297        

      (2)  Within ten calendar days after receipt of a complete    1,299        

filing under division (C)(1) of this section, the superintendent   1,301        

shall refer the appropriate jurisdictional issues to the director  1,302        

of health pursuant to section 1751.04 of the Revised Code.         1,304        

      (3)  Within seventy-five days after the superintendent's     1,306        

receipt of a complete filing under division (C)(1) of this         1,308        

section, the superintendent shall determine whether the plan for   1,309        

expansion is lawful, fair, and reasonable.  The superintendent     1,310        

may not make a determination until the superintendent has          1,311        

received the director's certification of compliance, which the     1,312        

director shall furnish within forty-five days after referral       1,313        

under division (C)(2) of this section.  The director shall not     1,315        

certify that the requirements of section 1751.04 of the Revised    1,316        

Code are not met, unless the applicant has been given an           1,318        

opportunity for a hearing as provided in division (D) of section   1,320        

1751.04 of the Revised Code.  The forty-five-day and               1,321        

seventy-five-day review periods provided for in division (C)(3)    1,323        

of this section shall cease to run as of the date on which the     1,324        

notice of the applicant's right to request a hearing is mailed     1,325        

and shall remain suspended until the director issues a final       1,326        

certification.                                                     1,327        

      (4)  If the superintendent has not approved or disapproved   1,329        

all or a portion of a service area expansion within the            1,330        

seventy-five-day period provided for in division (C)(3) of this    1,332        

section, the filing shall be deemed approved.                      1,333        

      (5)  Disapproval of all or a portion of the filing shall be  1,336        

                                                          30     


                                                                 
effected by written notice, which shall state the grounds for the  1,337        

order of disapproval and shall be given in accordance with                      

Chapter 119. of the Revised Code.                                  1,338        

      Sec. 1751.05.  (A)  The superintendent of insurance shall    1,348        

issue or deny a certificate of authority to establish or operate   1,349        

a health insuring corporation to any corporation filing an         1,350        

application pursuant to section 1751.03 of the Revised Code        1,352        

within forty-five days of the superintendent's receipt of the      1,353        

certification from the director of health under division (C) of    1,354        

section 1751.04 of the Revised Code.  A certificate of authority   1,355        

shall be issued upon payment of the application fee prescribed in  1,356        

section 1751.44 of the Revised Code if the superintendent is       1,357        

satisfied that the following conditions are met:                   1,358        

      (1)  The persons responsible for the conduct of the affairs  1,361        

of the applicant are competent, trustworthy, and possess good      1,362        

reputations.                                                                    

      (2)  The director certifies, in accordance with division     1,364        

(C) of section 1751.04 of the Revised Code, that the               1,365        

organization's proposed plan of operation meets the requirements   1,366        

of division (B) of that section and sections 3702.51 to 3702.62    1,368        

of the Revised Code.  If, after the director has certified         1,369        

compliance, the application is amended in a manner that affects    1,370        

its approval under section 1751.04 of the Revised Code, the        1,371        

superintendent shall request the director to review and recertify  1,372        

the amended plan of operation.  Within forty-five days of receipt  1,373        

of the amended plan from the superintendent, the director shall    1,374        

certify to the superintendent, pursuant to section 1751.04 of the  1,375        

Revised Code, whether or not the amended plan meets the            1,377        

requirements of section 1751.04 of the Revised Code.  The          1,378        

superintendent's forty-five-day review period shall cease to run   1,379        

as of the date on which the amended plan is transmitted to the     1,380        

director and shall remain suspended until the superintendent       1,381        

receives a new certification from the director.                                 

      (3)  The applicant constitutes an appropriate mechanism to   1,383        

                                                          31     


                                                                 
effectively provide or arrange for the provision of the basic      1,384        

health care services, supplemental health care services, or        1,385        

specialty health care services to be provided to enrollees.        1,386        

      (4)  The applicant is financially responsible, complies      1,388        

with section 1751.28 of the Revised Code, and may reasonably be    1,390        

expected to meet its obligations to enrollees and prospective      1,391        

enrollees.  In making this determination, the superintendent may   1,392        

consider:                                                          1,393        

      (a)  The financial soundness of the applicant's              1,395        

arrangements for health care services, including the applicant's   1,396        

proposed contractual periodic prepayments or premiums and the use  1,397        

of copayments or deductibles;                                      1,398        

      (b)  The adequacy of working capital;                        1,400        

      (c)  Any agreement with an insurer, a government, or any     1,403        

other person for insuring the payment of the cost of health care   1,404        

services or providing for automatic applicability of an            1,405        

alternative coverage in the event of discontinuance of the health  1,406        

insuring corporation's operations;                                 1,407        

      (d)  Any agreement with providers or health care facilities  1,409        

for the provision of health care services;                         1,410        

      (e)  Any deposit of securities submitted in accordance with  1,413        

section 1751.27 of the Revised Code as a guarantee that the        1,414        

obligations will be performed.                                     1,415        

      (5)  The applicant has submitted documentation of an         1,417        

arrangement to provide health care services to its enrollees       1,418        

until the expiration of the enrollees' contracts with the          1,419        

applicant if a health care plan or the operations of the health    1,420        

insuring corporation are discontinued prior to the expiration of   1,421        

the enrollees' contracts.  An arrangement to provide health care   1,422        

services may be made by using any one, or any combination, of the  1,424        

following methods:                                                              

      (a)  The maintenance of insolvency insurance;                1,426        

      (b)  A provision in contracts with providers and health      1,429        

care facilities, but no health insuring corporation shall rely     1,430        

                                                          32     


                                                                 
solely on such a provision for more than thirty days;              1,431        

      (c)  An agreement with other health insuring corporations    1,434        

or insurers, providing enrollees with automatic conversion rights  1,435        

upon the discontinuation of a health care plan or the health       1,436        

insuring corporation's operations;                                 1,437        

      (d)  Such other methods as approved by the superintendent.   1,439        

      (6)  Nothing in the applicant's proposed method of           1,441        

operation, as shown by the information submitted pursuant to       1,442        

section 1751.03 of the Revised Code or by independent              1,444        

investigation, will cause harm to an enrollee or to the public at  1,446        

large, as determined by the superintendent.                                     

      (7)  Any deficiencies certified by the director have been    1,448        

corrected.                                                         1,449        

      (8)  The applicant has deposited securities as set forth in  1,452        

section 1751.27 of the Revised Code.                                            

      (B)  If an applicant elects to fulfill the requirements of   1,455        

division (A)(5) of this section through an agreement with other    1,457        

health insuring corporations or insurers, the agreement shall      1,458        

require those health insuring corporations or insurers to give     1,459        

thirty days' notice to the superintendent prior to cancellation    1,460        

or discontinuation of the agreement for any reason.                1,461        

      (C)  A certificate of authority shall be denied only after   1,464        

compliance with the requirements of section 1751.36 of the         1,465        

Revised Code.                                                                   

      Sec. 1751.06.  Upon obtaining a certificate of authority as  1,474        

required under this chapter, a health insuring corporation may do  1,476        

all of the following:                                                           

      (A)  Enroll individuals and their dependents in either of    1,478        

the following circumstances:                                       1,479        

      (1)  The individual resides or lives in the approved         1,481        

service area.                                                                   

      (2)  The individual's place of employment is located in the  1,484        

approved service area.                                                          

      (B)  Contract with providers and health care facilities for  1,486        

                                                          33     


                                                                 
the health care services to which enrollees are entitled under     1,487        

the terms of the health insuring corporation's health care         1,488        

contracts;                                                                      

      (C)  Contract with insurance companies authorized to do      1,491        

business in this state for insurance, indemnity, or reimbursement  1,492        

against the cost of providing emergency and nonemergency health    1,493        

care services for enrollees, subject to the provisions set forth   1,494        

in this chapter and the limitations set forth in the Revised       1,496        

Code;                                                                           

      (D)  Contract with any person pursuant to the requirements   1,498        

of division (A)(18) of section 1751.03 of the Revised Code for     1,499        

managerial or administrative services, or for data processing,     1,500        

actuarial analysis, billing services, or any other services        1,501        

authorized by the superintendent of insurance.  However, a health  1,503        

insuring corporation shall not enter into a contract for any of    1,504        

the services listed in this division with an insurance company     1,505        

that is not authorized to engage in the business of insurance in   1,506        

this state.                                                                     

      (E)  Accept from governmental agencies, private agencies,    1,508        

corporations, associations, groups, individuals, or other          1,509        

persons, payments covering all or part of the costs of planning,   1,510        

development, construction, and the provision of health care        1,511        

services;                                                                       

      (F)  Purchase, lease, construct, renovate, operate, or       1,513        

maintain health care facilities, and their ancillary equipment,    1,514        

and any property necessary in the transaction of the business of   1,515        

the health insuring corporation;                                                

      (G)  In the employer group market, impose an affiliation     1,518        

period of not more than sixty days, OR FOR LATE ENROLLEES AN                    

AFFILIATION PERIOD OF NOT MORE THAN NINETY DAYS, which period      1,519        

begins on the individual's date of enrollment and runs             1,520        

concurrently with any waiting period imposed under the coverage.   1,521        

For purposes of this division, "affiliation period" means a        1,522        

period of time which, under the terms of the coverage offered,     1,523        

                                                          34     


                                                                 
must expire before the coverage becomes effective.  No health      1,524        

care services or benefits need to be provided during an            1,525        

affiliation period, and no periodic prepayments can be charged     1,526        

for any coverage during that period.                               1,527        

      (H)  If a health insuring corporation offers coverage in     1,530        

the small employer group market through a network plan, limit or   1,531        

deny the coverage in accordance with section 3924.031 of the       1,532        

Revised Code;                                                      1,534        

      (I)  Refuse to issue coverage in the small employer group    1,537        

market pursuant to section 3924.032 of the Revised Code;           1,539        

      (J)  Establish employer contribution rules or group          1,542        

participation rules for the offering of coverage in connection     1,543        

with a group contract in the small employer group market, as       1,544        

provided in division (E)(1) of section 3924.03 of the Revised      1,546        

Code.                                                              1,547        

      Nothing in this section shall be construed as prohibiting a  1,549        

health insuring corporation without other commercial enrollment    1,550        

from contracting solely with federal health care programs          1,551        

regulated by federal regulatory bodies.                                         

      Nothing in this section shall be construed to limit the      1,553        

authority of a health insuring corporation to perform those        1,554        

functions not otherwise prohibited by law.                         1,555        

      Sec. 1751.11.  (A)  Every subscriber of a health insuring    1,565        

corporation is entitled to an evidence of coverage for the health  1,566        

care plan under which health care benefits are provided.           1,568        

      (B)  Every subscriber of a health insuring corporation that  1,570        

offers basic health care services is entitled to an                1,571        

identification card or similar document that specifies the health  1,572        

insuring corporation's name as stated in its articles of           1,573        

incorporation, and any trade or fictitious names used by the       1,574        

health insuring corporation.  The identification card or document  1,575        

shall list at least one telephone number that provides the         1,576        

subscriber with access to health care on a                         1,577        

twenty-four-hour-per-day TWENTY-FOUR-HOURS-PER-DAY,                             

                                                          35     


                                                                 
seven-day-per-week SEVEN-DAYS-PER-WEEK basis.                      1,578        

      (C)  No evidence of coverage, or amendment to the evidence   1,580        

of coverage, shall be delivered, issued for delivery, renewed, or  1,581        

used, until the form of the evidence of coverage or amendment has  1,582        

been filed by the health insuring corporation with the             1,583        

superintendent of insurance.  If the superintendent does not       1,584        

disapprove the evidence of coverage or amendment within sixty      1,585        

days after it is filed it shall be deemed approved, unless the     1,586        

superintendent sooner gives approval for the evidence of coverage  1,587        

or amendment.  With respect to an amendment to an approved         1,588        

evidence of coverage, the superintendent only may disapprove       1,589        

provisions amended or added to the evidence of coverage.  If the   1,590        

superintendent determines within the sixty-day period that any     1,591        

evidence of coverage or amendment fails to meet the requirements   1,592        

of this section, the superintendent shall so notify the health     1,593        

insuring corporation and it shall be unlawful for the health       1,594        

insuring corporation to use such evidence of coverage or           1,595        

amendment.  At any time, the superintendent, upon at least thirty  1,597        

days' written notice to a health insuring corporation, may         1,598        

withdraw an approval, deemed or actual, of any evidence of                      

coverage or amendment on any of the grounds stated in this         1,599        

section.  Such disapproval shall be effected by a written order,   1,600        

which shall state the grounds for disapproval and shall be issued  1,602        

in accordance with Chapter 119. of the Revised Code.               1,604        

      (D)  No evidence of coverage or amendment shall be           1,606        

delivered, issued for delivery, renewed, or used:                  1,607        

      (1)  If it contains provisions or statements that are        1,609        

inequitable, untrue, misleading, or deceptive;                     1,610        

      (2)  Unless it contains a clear, concise, and complete       1,612        

statement of the following:                                        1,613        

      (a)  The health care services and insurance or other         1,616        

benefits, if any, to which the enrollee is entitled under the      1,617        

health care plan;                                                               

      (b)  Any exclusions or limitations on the health care        1,620        

                                                          36     


                                                                 
services, type of health care services, benefits, or type of       1,621        

benefits to be provided, including copayments or deductibles;      1,622        

      (c)  The enrollee's personal financial obligation for        1,624        

noncovered services;                                               1,625        

      (d)  Where and in what manner general information and        1,628        

information as to how services may be obtained is available,       1,629        

including the telephone number;                                    1,630        

      (e)  The premium rate with respect to individual and         1,632        

conversion contracts, and relevant copayment provisions with       1,633        

respect to all contracts.  The statement of the premium rate,      1,634        

however, may be contained in a separate insert.                    1,635        

      (f)  The method utilized by the health insuring corporation  1,638        

for resolving enrollee complaints.                                 1,639        

      (3)  Unless it provides for the continuation of an           1,641        

enrollee's coverage, in the event that the enrollee's coverage     1,642        

under the GROUP policy, contract, certificate, or agreement        1,643        

terminates while the enrollee is receiving inpatient care in a     1,644        

hospital.  This continuation of coverage shall terminate at the    1,645        

earliest occurrence of any of the following:                       1,646        

      (a)  The enrollee's discharge from the hospital;             1,648        

      (b)  The determination by the enrollee's attending           1,650        

physician that inpatient care is no longer medically indicated     1,651        

for the enrollee; HOWEVER, NOTHING IN DIVISION (D)(3)(b) OF THIS   1,654        

SECTION PRECLUDES A HEALTH INSURING CORPORATION FROM ENGAGING IN   1,655        

UTILIZATION REVIEW AS DESCRIBED IN THE EVIDENCE OF COVERAGE.       1,656        

      (c)  The enrollee's reaching the limit for contractual       1,658        

benefits;                                                          1,659        

      (d)  THE EFFECTIVE DATE OF ANY NEW COVERAGE.                 1,662        

      (4)  Unless it contains a provision that states, in          1,664        

substance, that the health insuring corporation is not a member    1,665        

of any guaranty fund, and that in the event of the health          1,666        

insuring corporation's insolvency, the enrollee is protected only  1,668        

to the extent that the hold harmless provision required by                      

section 1751.13 of the Revised Code applies to the health care     1,670        

                                                          37     


                                                                 
services rendered;                                                 1,671        

      (5)  Unless it contains a provision that states, in          1,673        

substance, that in the event of the insolvency of the health       1,674        

insuring corporation, the enrollee may be financially responsible  1,676        

for health care services rendered by a provider or health care     1,677        

facility that is not under contract to the health insuring         1,678        

corporation, whether or not the health insuring corporation        1,679        

authorized the use of the provider or health care facility.        1,680        

      (E)  Notwithstanding division DIVISIONS (C) AND (D) of this  1,683        

section, a health insuring corporation may use an evidence of      1,684        

coverage that provides for the coverage of beneficiaries enrolled  1,685        

in Title XVIII of the "Social Security Act," 49 Stat. 620 (1935),  1,687        

42 U.S.C.A. 301, as amended, pursuant to a medicare risk contract  1,689        

or medicare cost contract, or an evidence of coverage that         1,690        

provides for the coverage of beneficiaries enrolled in the         1,691        

federal employees health benefits program pursuant to 5 U.S.C.A.   1,693        

8905, or an evidence of coverage that provides for the coverage    1,694        

of beneficiaries enrolled in Title XIX of the "Social Security     1,696        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as   1,698        

the medical assistance program or medicaid, provided by the Ohio   1,700        

department of human services under Chapter 5111. of the Revised    1,701        

Code, or an evidence of coverage that provides for the coverage    1,702        

of beneficiaries under any other federal health care program       1,703        

regulated by a federal regulatory body, OR AN EVIDENCE OF          1,704        

COVERAGE THAT PROVIDES FOR THE COVERAGE OF BENEFICIARIES UNDER     1,705        

ANY CONTRACT COVERING OFFICERS OR EMPLOYEES OF THE STATE THAT HAS  1,706        

BEEN ENTERED INTO BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES,    1,708        

if both of the following apply:                                    1,710        

      (1)  The evidence of coverage has been approved by the       1,712        

United States department of health and human services, the United  1,714        

States office of personnel management, or the Ohio department of   1,715        

human services, OR THE DEPARTMENT OF ADMINISTRATIVE SERVICES.      1,716        

      (2)  The evidence of coverage is filed with the              1,718        

superintendent of insurance prior to use and is accompanied by     1,719        

                                                          38     


                                                                 
documentation of approval from the United States department of     1,721        

health and human services, the United States office of personnel   1,722        

management, or the Ohio department of human services, OR THE       1,723        

DEPARTMENT OF ADMINISTRATIVE SERVICES.                             1,724        

      Sec. 1751.12.  (A)(1)  No contractual periodic prepayment    1,734        

and no premium rate for nongroup and conversion policies for       1,735        

health care services, or any amendment to them, may be used by     1,736        

any health insuring corporation at any time until the contractual  1,737        

periodic prepayment and premium rate, or amendment, have been      1,738        

filed with the superintendent of insurance, and shall not be       1,739        

effective until the expiration of sixty days after their filing    1,740        

unless the superintendent sooner gives approval.  THE FILING       1,741        

SHALL BE ACCOMPANIED BY AN ACTUARIAL CERTIFICATION IN THE FORM     1,742        

PRESCRIBED BY THE SUPERINTENDENT.  The superintendent shall        1,744        

disapprove the filing, if the superintendent determines within     1,745        

the sixty-day period that the contractual periodic prepayment or   1,746        

premium rate, or amendment, is not in accordance with sound        1,747        

actuarial principles or is not reasonably related to the           1,748        

applicable coverage and characteristics of the applicable class    1,749        

of enrollees.  The superintendent shall notify the health          1,750        

insuring corporation of the disapproval, and it shall thereafter   1,751        

be unlawful for the health insuring corporation to use the         1,752        

contractual periodic prepayment or premium rate, or amendment.     1,753        

      (2)  No contractual periodic prepayment for group policies   1,756        

for health care services shall be used until the contractual       1,757        

periodic prepayment has been filed with the superintendent.  THE   1,758        

FILING SHALL BE ACCOMPANIED BY AN ACTUARIAL CERTIFICATION IN THE   1,759        

FORM PRESCRIBED BY THE SUPERINTENDENT.  The superintendent may     1,761        

reject a filing made under division (A)(2) of this section at any  1,762        

time, with at least thirty days' written notice to a health        1,763        

insuring corporation, if the contractual periodic prepayment is    1,764        

not in accordance with sound actuarial principles or is not        1,766        

reasonably related to the applicable coverage and characteristics  1,767        

of the applicable class of enrollees.                              1,768        

                                                          39     


                                                                 
      (3)  At any time, the superintendent, upon at least thirty   1,770        

days' written notice to a health insuring corporation, may         1,771        

withdraw the approval given under division (A)(1) of this          1,772        

section, deemed or actual, of any contractual periodic prepayment  1,774        

or premium rate, or amendment, based on information that either    1,775        

of the following applies:                                                       

      (a)  The contractual periodic prepayment or premium rate,    1,778        

or amendment, is not in accordance with sound actuarial            1,779        

principles.                                                                     

      (b)  The contractual periodic prepayment or premium rate,    1,782        

or amendment, is not reasonably related to the applicable          1,783        

coverage and characteristics of the applicable class of            1,784        

enrollees.                                                                      

      (4)  Any disapproval under division (A)(1) of this section,  1,786        

any rejection of a filing made under division (A)(2) of this       1,788        

section, or any withdrawal of approval under division (A)(3) of    1,789        

this section, shall be effected by a written notice, which shall   1,790        

state the specific basis for the disapproval, rejection, or        1,791        

withdrawal and shall be issued in accordance with Chapter 119. of  1,792        

the Revised Code.                                                  1,793        

      (B)  Notwithstanding division (A) of this section, a health  1,796        

insuring corporation may use a contractual periodic prepayment or  1,797        

premium rate for policies used for the coverage of beneficiaries   1,798        

enrolled in Title XVIII of the "Social Security Act," 49 Stat.     1,800        

620 (1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare    1,802        

risk contract or medicare cost contract, or for policies used for  1,803        

the coverage of beneficiaries enrolled in the federal employees    1,804        

health benefits program pursuant to 5 U.S.C.A. 8905, or for        1,807        

policies used for the coverage of beneficiaries enrolled in Title  1,808        

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          1,810        

U.S.C.A. 301, as amended, known as the medical assistance program  1,813        

or medicaid, provided by the Ohio department of human services     1,814        

under Chapter 5111. of the Revised Code, or for policies used for  1,815        

the coverage of beneficiaries under any other federal health care  1,816        

                                                          40     


                                                                 
program regulated by a federal regulatory body, OR FOR POLICIES    1,818        

USED FOR THE COVERAGE OF BENEFICIARIES UNDER ANY CONTRACT          1,819        

COVERING OFFICERS OR EMPLOYEES OF THE STATE THAT HAS BEEN ENTERED  1,820        

INTO BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES, if both of the  1,822        

following apply:                                                   1,823        

      (1)  The contractual periodic prepayment or premium rate     1,825        

has been approved by the United States department of health and    1,826        

human services, the United States office of personnel management,  1,828        

or the Ohio department of human services, OR THE DEPARTMENT OF     1,829        

ADMINISTRATIVE SERVICES.                                                        

      (2)  The contractual periodic prepayment or premium rate is  1,831        

filed with the superintendent prior to use and is accompanied by   1,832        

documentation of approval from the United States department of     1,834        

health and human services, the United States office of personnel   1,836        

management, or the Ohio department of human services, OR THE       1,838        

DEPARTMENT OF ADMINISTRATIVE SERVICES.                             1,839        

      (C)  The administrative expense portion of all contractual   1,842        

periodic prepayment or premium rate filings submitted to the       1,843        

superintendent for review must reflect the actual cost of          1,844        

administering the product.  The superintendent may require that    1,845        

the administrative expense portion of the filings be itemized and  1,846        

supported.                                                                      

      (D)(1)  Copayments and deductibles must be reasonable and    1,849        

must not be a barrier to the necessary utilization of services by  1,850        

enrollees.                                                                      

      (2)  A health insuring corporation may not impose copayment  1,853        

charges on basic health care services that exceed thirty per cent  1,854        

of the total cost of providing any single covered health care      1,855        

service, except for physician office visits, emergency health      1,856        

services, and urgent care services.  The total cost of providing   1,857        

a health care service is the cost to the health insuring           1,858        

corporation of providing the health care service to its enrollees  1,860        

as reduced by any applicable provider discount.  An open panel     1,862        

plan may not impose copayments on out-of-network benefits that     1,863        

                                                          41     


                                                                 
exceed fifty per cent of the total cost of providing any single    1,864        

covered health care service.                                                    

      (3)  To ensure that copayments are not a barrier to the      1,866        

utilization of basic health care services, a health insuring       1,867        

corporation may not impose, in any contract year, on any           1,869        

subscriber or enrollee, copayments that exceed two hundred per     1,870        

cent of the total annual premium rate to the subscriber or         1,871        

enrollees.  This limitation of two hundred per cent does not       1,874        

include any reasonable copayments that are not a barrier to the    1,875        

necessary utilization of health care services by enrollees and     1,876        

that are imposed on physician office visits, emergency health      1,877        

services, urgent care services, supplemental health care           1,878        

services, or specialty health care services.                                    

      (E)  A health insuring corporation shall not impose          1,881        

lifetime maximums on basic health care services.  However, a       1,882        

health insuring corporation may establish a benefit limit for      1,883        

inpatient hospital services that are provided pursuant to a        1,884        

policy, contract, certificate, or agreement for supplemental       1,885        

health care services.                                                           

      Sec. 1751.13.  (A)(1)(a)  A health insuring corporation      1,895        

shall, either directly or indirectly, enter into contracts for     1,896        

the provision of health care services with a sufficient number     1,897        

and types of providers and health care facilities to ensure that   1,898        

all covered health care services will be accessible to enrollees   1,899        

from a contracted provider or health care facility.                1,900        

      (b)  A health insuring corporation shall not refuse to       1,903        

contract with a physician for the provision of health care                      

services or refuse to recognize a physician as a specialist on     1,904        

the basis that the physician attended an educational program or a  1,906        

residency program approved or certified by the American            1,907        

Osteopathic Association.  A health insuring corporation shall not  1,908        

refuse to contract with a health care facility for the provision   1,909        

of health care services on the basis that the health care          1,910        

facility is certified or accredited by the American Osteopathic    1,912        

                                                          42     


                                                                 
Association or that the health care facility is an osteopathic     1,913        

hospital as defined in section 3702.51 of the Revised Code.        1,916        

      (c)  Nothing in division (A)(1)(b) of this section shall be  1,920        

construed to require a health insuring corporation to make a       1,921        

benefit payment under a closed panel plan to a physician or        1,922        

health care facility with which the health insuring corporation    1,923        

does not have a contract, provided that none of the bases set      1,924        

forth in that division are used as a reason for failing to make a  1,925        

benefit payment.                                                                

      (2)  When a health insuring corporation is unable to         1,927        

provide a covered health care service from a contracted provider   1,928        

or health care facility, the health insuring corporation must      1,929        

provide that health care service from a noncontracted provider or  1,931        

health care facility consistent with the terms of the enrollee's   1,932        

policy, contract, certificate, or agreement.  The health insuring  1,933        

corporation shall either ensure that the health care service be    1,934        

provided at no greater cost to the enrollee than if the enrollee   1,935        

had obtained the health care service from a contracted provider    1,936        

or health care facility, or make other arrangements acceptable to  1,937        

the superintendent of insurance.                                   1,938        

      (3)  Nothing in this section shall prohibit a health         1,940        

insuring corporation from entering into contracts with             1,941        

out-of-state providers or health care facilities that are          1,942        

licensed, certified, accredited, or otherwise authorized in that   1,943        

state.                                                             1,944        

      (B)(1)  A health insuring corporation shall, either          1,947        

directly or indirectly, enter into contracts with all providers    1,948        

and health care facilities through which health care services are  1,949        

provided to its enrollees.                                                      

      (2)  A health insuring corporation, upon written request,    1,951        

shall assist its contracted providers in finding stop-loss or      1,952        

reinsurance carriers.                                                           

      (C)  A health insuring corporation shall file an annual      1,954        

certificate with the superintendent certifying that all provider   1,955        

                                                          43     


                                                                 
contracts and contracts with health care facilities through which  1,956        

health care services are being provided contain the following:     1,957        

      (1)  A description of the method by which the provider or    1,959        

health care facility will be notified of the specific health care  1,961        

services for which the provider or health care facility will be    1,962        

responsible, including any limitations or conditions on such       1,963        

services;                                                                       

      (2)  The specific hold harmless provision specifying         1,965        

protection of enrollees set forth as follows:                      1,966        

      "[Provider/Health Care Facility< agrees that in no event,    1,969        

including but not limited to nonpayment by the health insuring     1,970        

corporation, insolvency of the health insuring corporation, or     1,971        

breach of this agreement, shall [Provide PROVIDER/Health Care      1,972        

Facility< bill, charge, collect a deposit from, seek remuneration  1,974        

or reimbursement from, or have any recourse against, a             1,975        

subscriber, enrollee, person to whom health care services have     1,976        

been provided, or person acting on behalf of the covered           1,977        

enrollee, for health care services provided pursuant to this       1,978        

agreement.  This does not prohibit [Provider/Health Care           1,980        

Facility< from collecting co-insurance, deductibles, or            1,981        

copayments as specifically provided in the evidence of coverage,   1,982        

or fees for uncovered health care services delivered on a          1,983        

fee-for-service basis to persons referenced above, nor from any    1,984        

recourse against the health insuring corporation or its            1,985        

successor."                                                                     

      (3)  Provisions requiring the provider or health care        1,987        

facility to continue to provide covered health care services to    1,988        

enrollees in the event of the health insuring corporation's        1,989        

insolvency or discontinuance of operations.  The provisions shall  1,991        

require the provider or health care facility to continue to        1,992        

provide covered health care services to enrollees as needed to     1,993        

complete any medically necessary procedures commenced but          1,994        

unfinished at the time of the health insuring corporation's                     

insolvency or discontinuance of operations.  THE COMPLETION OF A   1,995        

                                                          44     


                                                                 
MEDICALLY NECESSARY PROCEDURE SHALL INCLUDE THE RENDERING OF ALL   1,997        

COVERED HEALTH CARE SERVICES THAT CONSTITUTE MEDICALLY NECESSARY   1,998        

FOLLOW-UP CARE FOR THAT PROCEDURE.  If an enrollee is receiving    2,000        

necessary inpatient care at a hospital, the provisions may limit   2,001        

the required provision of covered health care services relating    2,002        

to that inpatient care in accordance with division (D)(3) of       2,003        

section 1751.11 of the Revised Code, and may also limit such       2,004        

required provision of covered health care services to the period   2,005        

ending thirty days after the health insuring corporation's         2,006        

insolvency or discontinuance of operations.                        2,007        

      The provisions required by division (C)(3) of this section   2,010        

shall not require any provider or health care facility to          2,011        

continue to provide any covered health care service after the                   

occurrence of any of the following:                                2,012        

      (a)  The end of the thirty-day period following the entry    2,014        

of a liquidation order under Chapter 3903. of the Revised Code;    2,016        

      (b)  The end of the enrollee's period of coverage for a      2,018        

contractual prepayment or premium;                                 2,019        

      (c)  The enrollee obtains equivalent coverage with another   2,021        

health insuring corporation or insurer, or the enrollee's          2,022        

employer obtains such coverage for the enrollee;                   2,023        

      (d)  The enrollee or the enrollee's employer terminates      2,025        

coverage under the contract;                                       2,026        

      (e)  A liquidator effects a transfer of the health insuring  2,029        

corporation's obligations under the contract under division        2,030        

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

      (4)  A provision clearly stating the rights and              2,032        

responsibilities of the health insuring corporation, and of the    2,033        

contracted providers and health care facilities, with respect to   2,034        

administrative policies and programs, including, but not limited   2,035        

to, payments systems, utilization review, quality assurance,       2,036        

assessment, and improvement programs, credentialing,               2,037        

confidentiality requirements, and any applicable federal or state  2,038        

programs;                                                          2,039        

                                                          45     


                                                                 
      (5)  A provision regarding the availability and              2,041        

confidentiality of those health records maintained by providers    2,042        

and health care facilities to monitor and evaluate the quality of  2,044        

care, to conduct evaluations and audits, and to determine on a     2,045        

concurrent or retrospective basis the necessity of and                          

appropriateness of health care services provided to enrollees.     2,046        

The provision shall include terms requiring the provider or        2,047        

health care facility to make these health records available to     2,048        

appropriate state and federal authorities involved in assessing    2,049        

the quality of care or in investigating the grievances or          2,050        

complaints of enrollees, and requiring the provider or health      2,051        

care facility to comply with applicable state and federal laws     2,052        

related to the confidentiality of medical or health records.       2,054        

      (6)  A provision that states that contractual rights and     2,056        

responsibilities may not be assigned or delegated by the provider  2,058        

or health care facility without the prior written consent of the   2,059        

health insuring corporation;                                                    

      (7)  A provision requiring the provider or health care       2,061        

facility to maintain adequate professional liability and           2,062        

malpractice insurance.  The provision shall also require the       2,063        

provider or health care facility to notify the health insuring     2,064        

corporation not more than ten days after the provider's or health  2,066        

care facility's receipt of notice of any reduction or                           

cancellation of such coverage.                                     2,067        

      (8)  A provision requiring the provider or health care       2,069        

facility to observe, protect, and promote the rights of enrollees  2,071        

as patients;                                                                    

      (9)  A provision requiring the provider or health care       2,073        

facility to provide health care services without discrimination    2,074        

on the basis of a patient's participation in the health care       2,075        

plan, age, sex, ethnicity, religion, sexual preference, health     2,076        

status, or disability, and without regard to the source of         2,077        

payments made for health care services rendered to a patient.      2,078        

This requirement shall not apply to circumstances when the         2,079        

                                                          46     


                                                                 
provider or health care facility appropriately does not render     2,080        

services due to limitations arising from the provider's or health  2,082        

care facility's lack of training, experience, or skill, or due to  2,083        

licensing restrictions.                                                         

      (10)  A provision containing the specifics of any            2,085        

obligation on the PRIMARY CARE provider or health care facility    2,086        

to provide, or to arrange for the provision of, covered health     2,088        

care services twenty-four hours per day, seven days per week;      2,089        

      (11)  A provision setting forth procedures for the           2,091        

resolution of disputes arising out of the contract;                2,092        

      (12)  A provision stating that the hold harmless provision   2,094        

required by division (C)(2) of this section shall survive the      2,096        

termination of the contract with respect to services covered and   2,097        

provided under the contract during the time the contract was in    2,098        

effect, regardless of the reason for the termination, including                 

the insolvency of the health insuring corporation;                 2,099        

      (13)  A provision requiring those terms that are used in     2,101        

the contract and that are defined by this chapter, be used in the  2,103        

contract in a manner consistent with those definitions.            2,104        

      THIS DIVISION DOES NOT APPLY TO THE COVERAGE OF              2,106        

BENEFICIARIES ENROLLED IN TITLE XVIII OF THE "SOCIAL SECURITY      2,111        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, PURSUANT   2,114        

TO A MEDICARE RISK CONTRACT OR MEDICARE COST CONTRACT, OR TO THE   2,115        

COVERAGE OF BENEFICIARIES ENROLLED IN THE FEDERAL EMPLOYEE HEALTH  2,116        

BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A. 8905, OR TO THE COVERAGE   2,119        

OF BENEFICIARIES ENROLLED IN TITLE XIX OF THE "SOCIAL SECURITY     2,124        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, KNOWN AS   2,127        

THE MEDICAL ASSISTANCE PROGRAM OR MEDICAID, PROVIDED BY THE OHIO   2,128        

DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5111. OF THE REVISED    2,132        

CODE, OR TO THE COVERAGE OF BENEFICIARIES UNDER ANY FEDERAL        2,133        

HEALTH CARE PROGRAM REGULATED BY A FEDERAL REGULATORY BODY, OR TO  2,134        

THE COVERAGE OF BENEFICIARIES UNDER ANY CONTRACT COVERING          2,135        

OFFICERS OR EMPLOYEES OF THE STATE THAT HAS BEEN ENTERED INTO BY   2,136        

THE DEPARTMENT OF ADMINISTRATIVE SERVICES.                         2,137        

                                                          47     


                                                                 
      (D)(1)  No health insuring corporation contract with a       2,140        

provider or health care facility shall contain any of the          2,141        

following:                                                                      

      (a)  A provision that directly or indirectly offers an       2,144        

inducement to the provider or health care facility to reduce or    2,145        

limit medically necessary health care services to a covered        2,146        

enrollee;                                                                       

      (b)  A provision that penalizes a provider or health care    2,149        

facility that assists an enrollee to seek a reconsideration of     2,150        

the health insuring corporation's decision to deny or limit        2,151        

benefits to the enrollee;                                          2,152        

      (c)  A provision that limits or otherwise restricts the      2,155        

provider's or health care facility's ethical and legal                          

responsibility to fully advise enrollees about their medical       2,156        

condition and about medically appropriate treatment options;       2,158        

      (d)  A provision that penalizes a provider or health care    2,161        

facility for principally advocating for medically necessary        2,162        

health care services;                                                           

      (e)  A provision that penalizes a provider or health care    2,164        

facility for providing information or testimony to a legislative   2,165        

or regulatory body or agency.  This shall not be construed to      2,166        

prohibit a health insuring corporation from penalizing a provider  2,168        

or health care facility that provides information or testimony     2,169        

that is libelous or slanderous or that discloses trade secrets     2,170        

which the provider or health care facility has no privilege or     2,171        

permission to disclose.                                                         

      (2)  Nothing in this division shall be construed to          2,173        

prohibit a health insuring corporation from doing either of the    2,174        

following:                                                         2,175        

      (a)  Making a determination not to reimburse or pay for a    2,178        

particular medical treatment or other health care service;         2,179        

      (b)  Enforcing reasonable peer review or utilization review  2,182        

protocols, or determining whether a particular provider or health  2,183        

care facility has complied with these protocols.                   2,184        

                                                          48     


                                                                 
      (E)  Any contract between a health insuring corporation and  2,187        

an intermediary organization shall clearly specify that the        2,188        

health insuring corporation must approve or disapprove the         2,189        

participation of any provider or health care facility with which   2,190        

the intermediary organization contracts.                           2,191        

      (F)  If an intermediary organization that is not a health    2,193        

delivery network contracting solely with self-insured employers    2,194        

subcontracts with a provider or health care facility, the          2,195        

subcontract with the provider or health care facility shall do     2,196        

all of the following:                                                           

      (1)  Contain the provisions required by divisions (C) and    2,199        

(G) of this section, as made applicable to an intermediary         2,200        

organization, without the inclusion of inducements or penalties    2,201        

described in division (D) of this section;                         2,202        

      (2)  Acknowledge that the health insuring corporation is a   2,204        

third-party beneficiary to the agreement;                          2,205        

      (3)  Acknowledge the health insuring corporation's role in   2,207        

approving the participation of the provider or health care         2,208        

facility, pursuant to division (E) of this section.                2,210        

      (G)  Any provider contract or contract with a health care    2,213        

facility shall clearly specify the health insuring corporation's   2,214        

statutory responsibility to monitor and oversee the offering of    2,215        

covered health care services to its enrollees.                     2,216        

      (H)(1)  A health insuring corporation shall maintain its     2,219        

provider contracts and its contracts with health care facilities   2,220        

at one or more of its places of business in this state, and shall  2,221        

provide copies of these contracts to facilitate regulatory review  2,222        

upon written notice by the superintendent of insurance.            2,223        

      (2)  Any contract with an intermediary organization THAT     2,225        

ACCEPTS COMPENSATION shall include provisions requiring the        2,227        

intermediary organization to provide the superintendent with       2,228        

regulatory access to all books, records, financial information,    2,229        

and documents related to the provision of health care services to  2,230        

subscribers and enrollees under the contract.  The contract shall  2,231        

                                                          49     


                                                                 
require the intermediary organization to maintain such books,      2,232        

records, financial information, and documents at its principal     2,233        

place of business in this state and to preserve them for at least  2,234        

three years in a manner that facilitates regulatory review.        2,235        

      (I)(1)  A health insuring corporation shall provide notice   2,237        

NOTIFY ITS AFFECTED ENROLLEES of the termination of any A          2,238        

contract with FOR THE PROVISION OF HEALTH CARE SERVICES BETWEEN    2,240        

THE HEALTH INSURING CORPORATION AND a primary care physician or    2,242        

hospital, BY MAIL, WITHIN THIRTY DAYS AFTER THE TERMINATION OF     2,243        

THE CONTRACT.                                                                   

      (a)  NOTICE SHALL BE GIVEN TO SUBSCRIBERS OF THE             2,245        

TERMINATION OF A CONTRACT WITH A PRIMARY CARE PHYSICIAN IF THE     2,246        

SUBSCRIBER, OR A DEPENDENT COVERED UNDER THE SUBSCRIBER'S HEALTH   2,247        

CARE COVERAGE, HAS RECEIVED HEALTH CARE SERVICES FROM THE PRIMARY  2,249        

CARE PHYSICIAN WITHIN THE PREVIOUS TWELVE MONTHS OR IF THE         2,250        

SUBSCRIBER OR DEPENDENT HAS SELECTED THE PHYSICIAN AS THE                       

SUBSCRIBER'S OR DEPENDENT'S PRIMARY CARE PHYSICIAN WITHIN THE      2,251        

PREVIOUS TWELVE MONTHS.                                            2,252        

      (b)  NOTICE SHALL BE GIVEN TO SUBSCRIBERS OF THE             2,254        

TERMINATION OF A CONTRACT WITH A HOSPITAL IF THE SUBSCRIBER, OR A  2,256        

DEPENDENT COVERED UNDER THE SUBSCRIBER'S HEALTH CARE COVERAGE,                  

HAS RECEIVED HEALTH CARE SERVICES FROM THAT HOSPITAL WITHIN THE    2,257        

PREVIOUS TWELVE MONTHS.                                            2,258        

      (2)  THE HEALTH INSURING CORPORATION SHALL PAY, IN           2,260        

ACCORDANCE WITH THE TERMS OF THE CONTRACT, FOR ALL COVERED HEALTH  2,262        

CARE SERVICES RENDERED TO AN ENROLLEE BY A PRIMARY CARE PHYSICIAN  2,263        

OR HOSPITAL BETWEEN THE DATE OF THE TERMINATION OF THE CONTRACT    2,264        

AND FIVE DAYS AFTER THE NOTIFICATION OF THE CONTRACT TERMINATION   2,265        

IS MAILED TO A SUBSCRIBER AT THE SUBSCRIBER'S LAST KNOWN ADDRESS.  2,266        

      (J)  Divisions (A) and (B) of this section do not apply to   2,269        

any health insuring corporation that, on June 4, 1997, holds a     2,270        

certificate of authority or license to operate under Chapter       2,272        

1740. of the Revised Code.                                         2,273        

      (K)  Nothing in this section shall restrict the governing    2,275        

                                                          50     


                                                                 
body of a hospital from exercising the authority granted it        2,276        

pursuant to section 3701.351 of the Revised Code.                  2,277        

      Sec. 1751.14.  (A)  Any policy, contract, or agreement for   2,287        

health care services authorized by this chapter that is issued,    2,288        

delivered, or renewed in this state and that provides that         2,289        

coverage of an unmarried dependent child will terminate upon       2,290        

attainment of the limiting age for dependent children specified    2,291        

in the policy, contract, or agreement, shall also provide in       2,292        

substance that attainment of the limiting age shall not operate    2,293        

to terminate the coverage of the child if the child is and         2,294        

continues to be both:                                                           

      (1)  Incapable of self-sustaining employment by reason of    2,296        

mental retardation or physical handicap;                           2,297        

      (2)  Primarily dependent upon the subscriber for support     2,299        

and maintenance.                                                   2,300        

      (B)  Proof of incapacity and dependence for purposes of      2,302        

division (A) of this section shall be furnished to the health      2,303        

insuring corporation within thirty-one days of the child's         2,305        

attainment of the limiting age.  Upon request, but not more        2,306        

frequently than annually, the health insuring corporation may      2,307        

require proof satisfactory to it of the continuance of such        2,308        

incapacity and dependency.                                                      

      (C)  Nothing in this section shall be construed to require   2,311        

a health insuring corporation to cover a dependent child who is    2,312        

mentally retarded or physically handicapped if the policy,         2,313        

contract, or agreement is underwritten on evidence of              2,314        

insurability based on health factors set forth in the              2,315        

application, or if the dependent child does not satisfy the        2,316        

conditions of the policy, contract, or agreement as to any         2,317        

requirement for evidence of insurability or any other provision    2,318        

of the policy, contract, or agreement, satisfaction of which is    2,319        

required for coverage thereunder to take effect.  In any such      2,320        

case, the terms of the policy, contract, or agreement shall apply  2,321        

with regard to the coverage or exclusion of the dependent from     2,322        

                                                          51     


                                                                 
such coverage.                                                                  

      (D)  This section does not apply to any health insuring      2,325        

corporation, policy, contract, or agreement offering only          2,327        

supplemental health care services or specialty health care                      

services.                                                          2,328        

      Sec. 1751.141.  A HEALTH INSURING CORPORATION SHALL PROVIDE  2,331        

COVERAGE, IN ACCORDANCE WITH THE TERMS OF THE CONTRACT, FOR A                   

SUBSCRIBER'S DEPENDENT CHILDREN LIVING OUTSIDE THE HEALTH          2,333        

INSURING CORPORATION'S APPROVED SERVICE AREA IF A COURT ORDER      2,334        

REQUIRES THE SUBSCRIBER TO PROVIDE HEALTH CARE COVERAGE TO THE     2,335        

DEPENDENT CHILDREN.                                                             

      Sec. 1751.15.  (A)  After a health insuring corporation has  2,344        

furnished, directly or indirectly, basic health care services for  2,345        

a period of twenty-four months, and if it currently meets the      2,346        

financial requirements set forth in section 1751.28 of the         2,347        

Revised Code and had net income as reported to the superintendent  2,348        

of insurance for at least one of the preceding four calendar                    

quarters, it shall hold an annual open enrollment period of not    2,349        

less than thirty days during its month of licensure for            2,351        

individuals who are not federally eligible individuals AT THE      2,352        

TIME THEY APPLY FOR ENROLLMENT.                                                 

      (B)  During the open enrollment period described in          2,354        

division (A) of this section, the health insuring corporation      2,355        

shall accept applicants and their dependents in the order in       2,356        

which they apply for enrollment and in accordance with any of the  2,357        

following:                                                                      

      (1)  Up to its capacity, as determined by the health         2,359        

insuring corporation subject to review by the superintendent;      2,360        

      (2)  If less than its capacity, one per cent of the health   2,362        

insuring corporation's total number of subscribers residing in     2,363        

this state as of the immediately preceding thirty-first day of     2,364        

December.                                                          2,365        

      (C)  Where a health insuring corporation demonstrates to     2,367        

the satisfaction of the superintendent that such open enrollment   2,368        

                                                          52     


                                                                 
would jeopardize its economic viability, the superintendent may    2,369        

do any of the following:                                                        

      (1)  Waive the requirement for open enrollment;              2,371        

      (2)  Impose a limit on the number of applicants and their    2,373        

dependents that must be enrolled;                                  2,374        

      (3)  Authorize such underwriting restrictions upon open      2,376        

enrollment as are necessary to do any of the following:            2,377        

      (a)  Preserve its financial stability;                       2,379        

      (b)  Prevent excessive adverse selection;                    2,381        

      (c)  Avoid unreasonably high or unmarketable charges for     2,383        

coverage of health care services.                                  2,384        

      (D)(1)  A request to the superintendent under division (C)   2,387        

of this section for any restriction, limit, or waiver during an                 

open enrollment period must be accompanied by supporting           2,388        

documentation, including financial data.  In reviewing the         2,389        

request, the superintendent may consider various factors,          2,390        

including the size of the health insuring corporation, the health  2,391        

insuring corporation's net worth and profitability, the health     2,392        

insuring corporation's delivery system structure, and the effect                

on profitability of prior open enrollments.                        2,393        

      (2)  Any action taken by the superintendent under division   2,395        

(C) of this section shall be effective for a period of not more    2,397        

than one year.  At the expiration of such time, a new              2,398        

demonstration of the health insuring corporation's need for the    2,399        

restriction, limit, or waiver shall be made before a new           2,400        

restriction, limit, or waiver is granted by the superintendent.    2,401        

      (3)  Irrespective of the granting of any restriction,        2,403        

limit, or waiver by the superintendent, a health insuring          2,404        

corporation may reject an applicant or a dependent of the          2,405        

applicant during its open enrollment period if the applicant or    2,406        

dependent:                                                         2,407        

      (a)  Was eligible for and was covered under any              2,409        

employer-sponsored health care coverage, or if employer-sponsored  2,410        

health care coverage was available at the time of open             2,411        

                                                          53     


                                                                 
enrollment;                                                                     

      (b)  Is eligible for continuation coverage under state or    2,413        

federal law;                                                       2,414        

      (c)  Is eligible for medicare, and the health insuring       2,416        

corporation does not have an agreement on appropriate payment      2,417        

mechanisms with the governmental agency administering the          2,418        

medicare program.                                                               

      (E)  A health insuring corporation shall not be required     2,420        

either to enroll applicants or their dependents who are confined   2,421        

to a health care facility because of chronic illness, permanent    2,422        

injury, or other infirmity that would cause economic impairment    2,423        

to the health insuring corporation if such applicants or their     2,424        

dependents were enrolled or to make the effective date of          2,425        

benefits for applicants or their dependents enrolled under this    2,426        

section earlier than ninety days after the date of enrollment.     2,427        

      (F)  A health insuring corporation shall not be required to  2,429        

cover the fees or costs, or both, for any basic health care        2,430        

service related to a transplant of a body organ if the transplant  2,431        

occurs within one year after the effective date of an enrollee's   2,432        

coverage under this section.  This limitation on coverage does     2,433        

not apply to a newly born child who meets the requirements for                  

coverage under section 1751.61 of the Revised Code.                2,434        

      (G)  Each health insuring corporation required to hold an    2,436        

open enrollment pursuant to division (A) of this section shall     2,437        

file with the superintendent, not later than sixty days prior to   2,438        

the commencement of the proposed open enrollment period, the       2,439        

following documents:                                                            

      (1)  The proposed public notice of open enrollment;          2,441        

      (2)  The evidence of coverage approved pursuant to section   2,443        

1751.11 of the Revised Code that will be used during open          2,445        

enrollment;                                                                     

      (3)  The contractual periodic prepayment and premium rate    2,447        

approved pursuant to section 1751.12 of the Revised Code that      2,448        

will be applicable during open enrollment;                         2,449        

                                                          54     


                                                                 
      (4)  Any solicitation document approved pursuant to section  2,452        

1751.31 of the Revised Code to be sent to applicants, including                 

the application form that will be used during open enrollment;     2,453        

      (5)  A list of the proposed dates of publication of the      2,455        

public notice, and the names of the newspapers in which the        2,456        

notice will appear;                                                2,457        

      (6)  Any request for a restriction, limit, or waiver with    2,459        

respect to the open enrollment period, along with any supporting   2,460        

documentation.                                                     2,461        

      (H)(1)  An open enrollment period shall not satisfy the      2,463        

requirements of this section unless the health insuring            2,464        

corporation provides adequate public notice in accordance with     2,465        

divisions (H)(2) and (3) of this section.  No public notice shall  2,466        

be used until the form of the public notice has been filed by the  2,467        

health insuring corporation with the superintendent.  If the       2,468        

superintendent does not disapprove the public notice within sixty  2,469        

days after it is filed, it shall be deemed approved, unless the    2,470        

superintendent sooner gives approval for the public notice.  If    2,471        

the superintendent determines within this sixty-day period that    2,472        

the public notice fails to meet the requirements of this section,  2,473        

the superintendent shall so notify the health insuring             2,474        

corporation and it shall be unlawful for the health insuring       2,475        

corporation to use the public notice.  Such disapproval shall be   2,476        

effected by a written order, which shall state the grounds for     2,477        

disapproval and shall be issued in accordance with Chapter 119.    2,478        

of the Revised Code.                                                            

      (2)  A public notice pursuant to division (H)(1) of this     2,480        

section shall be published in at least one newspaper of general    2,481        

circulation in each county in the health insuring corporation's    2,482        

service area, at least once in each of the two weeks immediately   2,483        

preceding the month in which the open enrollment is to occur and   2,484        

in each week of that month, or until the enrollment limitation is  2,485        

reached, whichever occurs first.  The notice published during the  2,486        

last week of open enrollment shall appear not less than five days  2,487        

                                                          55     


                                                                 
before the end of the open enrollment period.  It shall be at      2,488        

least two newspaper columns wide or two and one-half inches wide,  2,490        

whichever is larger.  The first two lines of the text shall be     2,491        

published in not less than twelve-point, boldface type.  The       2,492        

remainder of the text of the notice shall be published in not      2,493        

less than eight-point type.  The entire public notice shall be     2,494        

surrounded by a continuous black line not less than one-eighth of  2,495        

an inch wide.                                                                   

      (3)  The following information shall be included in the      2,497        

public notice provided under division (H)(2) of this section:      2,498        

      (a)  The dates that open enrollment will be held and the     2,500        

date coverage obtained under the open enrollment will become       2,501        

effective;                                                                      

      (b)  Notice that an applicant or the applicant's dependents  2,503        

will not be denied coverage during open enrollment because of a    2,504        

preexisting health condition, but that some limitations and        2,505        

restrictions may apply;                                                         

      (c)  The address where a person may obtain an application;   2,507        

      (d)  The telephone number that a person may call to request  2,509        

an application or to ask questions;                                2,511        

      (e)  The date the first payment will be due;                 2,513        

      (f)  The actual rates or range of rates that will be         2,515        

applicable for applicants;                                         2,516        

      (g)  Any limitation granted by the superintendent on the     2,519        

number of applications that will be accepted by the health         2,520        

insuring corporation.                                                           

      (4)  Within thirty days after the end of an open enrollment  2,523        

period, the health insuring corporation shall submit to the        2,524        

superintendent proof of publication for the public notices, and    2,525        

shall report the total number of applicants and their dependents   2,526        

enrolled during the open enrollment period.                        2,527        

      (I)(1)  No health insuring corporation may employ any        2,529        

scheme, plan, or device that restricts the ability of any person   2,530        

to enroll during open enrollment.                                  2,531        

                                                          56     


                                                                 
      (2)  No health insuring corporation may require enrollment   2,533        

to be made in person.  Every health insuring corporation shall     2,534        

permit application for coverage by mail.  A representative of the  2,536        

health insuring corporation may visit an applicant who has                      

submitted an application by mail, in order to explain the          2,537        

operations of the health insuring corporation and to answer any    2,538        

questions the applicant may have.  Every health insuring           2,539        

corporation shall make open enrollment applications and            2,540        

solicitation documents readily available to any potential          2,541        

applicant who requests such material.                              2,542        

      (J)  An application postmarked on the last day of an open    2,544        

enrollment period shall qualify as a valid application,            2,545        

regardless of the date on which it is received by the health       2,546        

insuring corporation.                                                           

      (K)  This section does not apply to any health insuring      2,548        

corporation that offers only supplemental health care services or  2,550        

specialty health care services, or to any health insuring                       

corporation that offers plans only through Title XVIII or Title    2,551        

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          2,552        

U.S.C.A. 301, as amended, and that has no other commercial         2,553        

enrollment, or to any health insuring corporation that offers      2,554        

plans only through other federal health care programs regulated    2,555        

by federal regulatory bodies and that has no other commercial      2,556        

enrollment, OR TO ANY HEALTH INSURING CORPORATION THAT OFFERS      2,557        

PLANS ONLY THROUGH CONTRACTS COVERING OFFICERS OR EMPLOYEES OF     2,558        

THE STATE THAT HAVE BEEN ENTERED INTO BY THE DEPARTMENT OF         2,560        

ADMINISTRATIVE SERVICES AND THAT HAS NO OTHER COMMERCIAL           2,561        

ENROLLMENT.                                                                     

      (L)  Each health insuring corporation shall accept           2,564        

federally eligible individuals for open enrollment coverage as     2,565        

provided in section 3923.581 of the Revised Code.  A health        2,567        

insuring corporation may reinsure coverage of any federally        2,568        

eligible individual acquired under that section with the open      2,569        

enrollment reinsurance program in accordance with division (G) of  2,571        

                                                          57     


                                                                 
section 3924.11 of the Revised Code.  Fixed periodic prepayment    2,574        

rates charged for coverage reinsured by the program shall be       2,575        

established in accordance with section 3924.12 of the Revised      2,576        

Code.                                                              2,577        

      (M)  As used in this section, "federally eligible            2,580        

individual" means an eligible individual as defined in 45 C.F.R.   2,582        

148.103.                                                           2,583        

      Sec. 1751.16.  (A)  Except as provided in division (F) of    2,592        

this section, every group contract issued by a health insuring     2,593        

corporation shall provide an option for conversion to an           2,594        

individual contract issued on a direct-payment basis to any        2,595        

subscriber covered by the group contract who terminates            2,596        

employment or membership in the group, unless:                     2,597        

      (1)  Termination of the conversion option or contract is     2,599        

based upon nonpayment of premium after reasonable notice in        2,600        

writing has been given by the health insuring corporation to the   2,601        

subscriber.                                                        2,602        

      (2)  The subscriber is, or is eligible to be, covered for    2,604        

benefits at least comparable to the group contract under any of    2,605        

the following:                                                     2,606        

      (a)  Title XVIII of the "Social Security Act," 49 Stat. 620  2,608        

(1935), 42 U.S.C.A. 301, as amended;                               2,609        

      (b)  Any act of congress or law under this or any other      2,611        

state of the United States providing coverage at least comparable  2,612        

to the benefits under division (A)(2)(a) of this section;          2,613        

      (c)  Any policy of insurance or health care plan providing   2,615        

coverage at least comparable to the benefits under division        2,616        

(A)(2)(a) of this section.                                         2,617        

      (B)(1)  The direct-payment contract offered by the health    2,619        

insuring corporation pursuant to division (A) of this section      2,621        

shall provide the following:                                       2,623        

      (a)  In the case of an individual who is not a federally     2,626        

eligible individual, benefits comparable to benefits in any of     2,627        

the individual contracts then being issued to individual           2,628        

                                                          58     


                                                                 
subscribers by the health insuring corporation;                    2,629        

      (b)  In the case of a federally eligible individual, a       2,632        

basic and standard plan established by the board of directors of   2,633        

the Ohio health reinsurance program or plans substantially         2,634        

similar to the basic and standard plan in benefit design and       2,635        

scope of covered services.  For purposes of division (B)(1)(b) of  2,637        

this section, the superintendent of insurance shall determine      2,638        

whether a plan is substantially similar to the basic or standard   2,639        

plan in benefit design and scope of covered services.  The         2,640        

contractual periodic prepayments charged for such plans may not    2,641        

exceed an amount that is two times the midpoint of the standard    2,642        

rate charged any other individual of a group to which the          2,643        

organization is currently accepting new business and for which     2,644        

similar copayments and deductibles are applied.                    2,645        

      (2)  The direct payment contract offered pursuant to         2,647        

division (A) of this section may include a coordination of         2,649        

benefits provision as approved by the superintendent.              2,650        

      (3)  For purposes of division (B) of this section            2,653        

"federally eligible individual" means an eligible individual as    2,654        

defined in 45 C.F.R. 148.103.                                      2,657        

      (C)  The option for conversion shall be available:           2,659        

      (1)  Upon the death of the subscriber, to the surviving      2,661        

spouse with respect to such of the spouse and dependents as are    2,663        

then covered by the group contract;                                2,664        

      (2)  To a child solely with respect to the child upon the    2,666        

child's attaining the limiting age of coverage under the group     2,667        

contract while covered as a dependent under the contract;          2,668        

      (3)  Upon the divorce, dissolution, or annulment of the      2,670        

marriage of the subscriber, to the divorced spouse, or, in the     2,671        

event of annulment, to the former spouse of the subscriber.        2,673        

      (D)  No health insuring corporation shall use age as the     2,675        

basis for refusing to renew a converted contract.                  2,676        

      (E)  Written notice of the conversion option provided by     2,679        

this section shall be given to the subscriber by the health        2,680        

                                                          59     


                                                                 
insuring corporation by mail.  The notice shall be sent to the     2,681        

subscriber's address in the records of the employer upon receipt   2,682        

of notice from the employer of the event giving rise to the        2,683        

conversion option.  If the subscriber has not received notice of   2,684        

the conversion privilege at least fifteen days prior to the        2,685        

expiration of the thirty-day conversion period, then the           2,686        

subscriber shall have an additional period within which to         2,687        

exercise the privilege.  This additional period shall expire       2,688        

fifteen days after the subscriber receives notice, but in no       2,689        

event shall the period extend beyond sixty days after the          2,690        

expiration of the thirty-day conversion period.                    2,691        

      (F)  This section does not apply to any group contract       2,693        

offering only supplemental health care services or specialty       2,694        

health care services.                                                           

      Sec. 1751.20.  (A)  No health insuring corporation, or       2,704        

agent, employee, or representative of a health insuring            2,705        

corporation, shall use any advertisement or solicitation           2,706        

document, or shall engage in any activity, that is unfair,         2,707        

untrue, misleading, or deceptive.                                               

      (B)  No health insuring corporation shall use a name that    2,710        

is deceptively similar to the name or description of any           2,711        

insurance or surety corporation doing business in this state.      2,712        

      (C)  All solicitation documents, advertisements, evidences   2,715        

of coverage, and enrollee identification cards used by a health    2,716        

insuring corporation shall contain the health insuring             2,717        

corporation's name.  The use of a trade name, an insurance group   2,718        

designation, the name of a parent company, the name of a division  2,719        

of an affiliated insurance company, a service mark, a slogan, a    2,720        

symbol, or other device, without the name of the health insuring   2,721        

corporation as stated in its articles of incorporation, shall not  2,722        

satisfy this requirement if the usage would have the capacity and  2,723        

tendency to mislead or deceive persons as to the true identity of  2,724        

the health insuring corporation.                                   2,725        

      (D)  No solicitation document or advertisement used by a     2,728        

                                                          60     


                                                                 
health insuring corporation shall contain any words, symbols, or   2,729        

physical materials that are so similar in content, phraseology,    2,730        

shape, color, or other characteristic to those used by an agency   2,731        

of the federal government or this state, that prospective          2,732        

enrollees may be led to believe that the solicitation document or  2,733        

advertisement is connected with an agency of the federal           2,734        

government or this state.                                          2,735        

      (E)  A HEALTH INSURING CORPORATION THAT PROVIDES BASIC       2,737        

HEALTH CARE SERVICES MAY USE THE PHRASE "HEALTH MAINTENANCE        2,739        

ORGANIZATION" OR THE ABBREVIATION "HMO" IN ITS MARKETING NAME,     2,740        

ADVERTISING, SOLICITATION DOCUMENTS, OR MARKETING LITERATURE, OR   2,742        

IN REFERENCE TO THE PHRASE "DOING BUSINESS AS" OR THE                           

ABBREVIATION "DBA."                                                2,743        

      (F)  This section does not apply to the coverage of          2,745        

beneficiaries enrolled in Title XVIII of the "Social Security      2,747        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant   2,750        

to a medicare risk contract or medicare cost contract, or to the   2,751        

coverage of beneficiaries enrolled in the federal employee health  2,752        

benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage   2,754        

of beneficiaries enrolled in Title XIX of the "Social Security     2,755        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as   2,757        

the medical assistance program or medicaid, provided by the Ohio   2,758        

department of human services under Chapter 5111. of the Revised    2,759        

Code, or to the coverage of beneficiaries under any federal        2,761        

health care program regulated by a federal regulatory body, OR TO  2,762        

THE COVERAGE OF BENEFICIARIES UNDER ANY CONTRACT COVERING          2,763        

OFFICERS OR EMPLOYEES OF THE STATE THAT HAS BEEN ENTERED INTO BY   2,764        

THE DEPARTMENT OF ADMINISTRATIVE SERVICES.                         2,765        

      Sec. 1751.31.  (A)  Any changes in a health insuring         2,775        

corporation's solicitation document shall be filed with the        2,776        

superintendent of insurance.  The superintendent, within sixty     2,777        

days of filing, may disapprove any solicitation document or        2,778        

amendment to it on any of the grounds stated in this section.      2,779        

Such disapproval shall be effected by written notice to the        2,780        

                                                          61     


                                                                 
health insuring corporation.  The notice shall state the grounds   2,781        

for disapproval and shall be issued in accordance with Chapter     2,782        

119. of the Revised Code.                                          2,783        

      (B)  The solicitation document shall contain all             2,786        

information necessary to enable a consumer to make an informed     2,787        

choice as to whether or not to enroll in the health insuring       2,788        

corporation.  The information shall include a specific             2,789        

description of the health care services to be available and the    2,790        

approximate number and type of full-time equivalent medical        2,791        

practitioners.  The information shall be presented in the          2,792        

solicitation document in a manner that is clear, concise, and      2,793        

intelligible to prospective applicants in the proposed service     2,794        

area.                                                                           

      (C)  Every potential applicant whose subscription to a       2,797        

health care plan is solicited shall receive, at or before the      2,798        

time of solicitation, a solicitation document approved by the      2,799        

superintendent.                                                                 

      (D)  Notwithstanding division (A) of this section, a health  2,802        

insuring corporation may use a solicitation document that the      2,803        

corporation uses in connection with policies for beneficiaries of  2,804        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  2,806        

U.S.C.A. 301, as amended, pursuant to a medicare risk contract or  2,808        

medicare cost contract, or for policies for beneficiaries of the   2,809        

federal employees health benefits program pursuant to 5 U.S.C.A.   2,811        

8905, or for policies for beneficiaries of Title XIX of the        2,813        

"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as    2,816        

amended, known as the medical assistance program or medicaid,      2,817        

provided by the Ohio department of human services under Chapter    2,818        

5111. of the Revised Code, or for policies for beneficiaries of    2,819        

any other federal health care program regulated by a federal       2,820        

regulatory body, OR FOR POLICIES FOR BENEFICIARIES OF CONTRACTS    2,821        

COVERING OFFICERS OR EMPLOYEES OF THE STATE ENTERED INTO BY THE    2,823        

DEPARTMENT OF ADMINISTRATIVE SERVICES, if both of the following    2,824        

apply:                                                             2,825        

                                                          62     


                                                                 
      (1)  The solicitation document has been approved by the      2,827        

United States department of health and human services, the United  2,828        

States office of personnel management, or the Ohio department of   2,830        

human services, OR THE DEPARTMENT OF ADMINISTRATIVE SERVICES.      2,831        

      (2)  The solicitation document is filed with the             2,833        

superintendent of insurance prior to use and is accompanied by     2,834        

documentation of approval from the United States department of     2,837        

health and human services, the United States office of personnel   2,839        

management, or the Ohio department of human services, OR THE       2,841        

DEPARTMENT OF ADMINISTRATIVE SERVICES.                             2,842        

      (E)  No health insuring corporation, or its agents or        2,845        

representatives, shall use monetary or other valuable              2,846        

consideration, engage in misleading or deceptive practices, or     2,847        

make untrue, misleading, or deceptive representations to induce    2,848        

enrollment.  Nothing in this division shall prohibit incentive     2,849        

forms of remuneration such as commission sales programs for the    2,850        

health insuring corporation's employees and agents.                2,851        

      (F)  Any person obligated for any part of a premium rate in  2,854        

connection with an enrollment agreement, in addition to any right  2,855        

otherwise available to revoke an offer, may cancel such agreement  2,856        

within seventy-two hours after having signed the agreement or      2,857        

offer to enroll.  Cancellation occurs when written notice of the   2,858        

cancellation is given to the health insuring corporation or its    2,859        

agents or other representatives.  A notice of cancellation mailed  2,860        

to the health insuring corporation shall be considered to have     2,861        

been filed on its postmark date.                                   2,862        

      (G)  Nothing in this section shall prohibit healthy          2,864        

lifestyle programs.                                                2,865        

      Sec. 1751.32.  Each health insuring corporation, annually,   2,874        

on or before the first day of March, shall file a report with the  2,876        

superintendent of insurance and the director of health, covering   2,877        

the preceding calendar year.                                                    

      The report shall be verified by an officer of the health     2,879        

insuring corporation, shall be in the form the superintendent      2,880        

                                                          63     


                                                                 
prescribes, and shall include:                                     2,881        

      (A)  A financial statement of the health insuring            2,884        

corporation, including its balance sheet and receipts and          2,885        

disbursements for the preceding year, which reflect, at a          2,886        

minimum:                                                                        

      (1)  All premium rate and other payments received for        2,888        

health care services rendered;                                     2,889        

      (2)  Expenditures with respect to all categories of          2,891        

providers, facilities, insurance companies, and other persons      2,892        

engaged to fulfill obligations of the health insuring corporation  2,894        

arising out of its health care policies, contracts, certificates,  2,895        

and agreements;                                                                 

      (3)  Expenditures for capital improvements or additions      2,897        

thereto, including, but not limited to, construction, renovation,  2,899        

or purchase of facilities and equipment.                                        

      (B)  A description of the enrollee population and            2,902        

composition, group and nongroup;                                                

      (C)  A summary of enrollee written complaints and their      2,905        

disposition;                                                                    

      (D)  A statement of the number of subscriber policies,       2,908        

contracts, certificates, and agreements that have been terminated  2,909        

by action of the health insuring corporation, including the        2,910        

number of enrollees affected;                                      2,911        

      (E)  A summary of the information compiled pursuant to       2,914        

division (B)(5) of section 1751.04 of the Revised Code;            2,915        

      (F)  A current report of the names and addresses of the      2,918        

persons responsible for the conduct of the affairs of the health   2,919        

insuring corporation as required by section 1751.03 of the         2,920        

Revised Code.  Additionally, the report shall include the amount   2,922        

of wages, expense reimbursements, and other payments to these      2,923        

persons for services to the health insuring corporation, and       2,924        

shall include a full disclosure of the financial interests         2,925        

related to the operations of the health insuring corporation       2,926        

acquired by these persons during the preceding year.               2,927        

                                                          64     


                                                                 
      (G)  An audit report certified by an independent certified   2,930        

public accountant in the form prescribed by the superintendent by  2,931        

rule;                                                                           

      (H)  An actuarial opinion in the form prescribed by the      2,934        

superintendent by rule;                                                         

      (I)(H)  Any other information relating to the performance    2,937        

of the health insuring corporation that is necessary to enable     2,938        

the superintendent to carry out the superintendent's duties under  2,939        

this chapter.                                                                   

      Sec. 1751.321.  EACH HEALTH INSURING CORPORATION, ANNUALLY,  2,942        

ON OR BEFORE THE FIRST DAY OF JUNE, SHALL FILE WITH THE            2,943        

SUPERINTENDENT OF INSURANCE AND THE DIRECTOR OF HEALTH AN AUDIT    2,944        

REPORT CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT     2,945        

COVERING THE PRECEDING CALENDAR YEAR.  THE REPORT SHALL BE         2,946        

VERIFIED BY AN OFFICER OF THE HEALTH INSURING CORPORATION AND      2,947        

SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT BY RULE.     2,948        

      Sec. 1751.46.  (A)  The superintendent of insurance and the  2,958        

director of health may contract with qualified persons to make     2,959        

recommendations concerning the determinations required to be made  2,960        

by the superintendent or the director relative to an expansion of  2,961        

a service area pursuant to division (C) of section 1751.03 of the  2,963        

Revised Code, an application for a certificate of authority        2,965        

pursuant to sections 1751.04 and 1751.05 of the Revised Code, a    2,967        

contractual periodic prepayment or premium rate pursuant to        2,968        

section 1751.12 of the Revised Code, and an examination pursuant   2,970        

to division (B) of section 1751.34 of the Revised Code.  The       2,972        

recommendations may be accepted in full or in part, or may be      2,973        

rejected, by the superintendent or director.                       2,974        

      THE TOTAL COST OF A CONTRACT WITH A QUALIFIED PERSON         2,976        

PURSUANT TO THIS DIVISION SHALL REPRESENT THE FAIR MARKET VALUE    2,977        

OF THE SERVICES PROVIDED AND SHALL BE BORNE BY THE HEALTH          2,978        

INSURING CORPORATION THAT IS THE SUBJECT OF THE DETERMINATION      2,979        

REQUIRED TO BE MADE BY THE SUPERINTENDENT OR THE DIRECTOR.         2,980        

      (B)  No qualified person placed on contract by the           2,983        

                                                          65     


                                                                 
superintendent or the director pursuant to division (A) of this    2,985        

section shall have a conflict of interest with the department of   2,986        

insurance, the department of health, or the health insuring        2,987        

corporation.                                                                    

      Sec. 1751.55.  A health insuring corporation policy,         2,996        

contract, or agreement shall not be construed to exclude illness   2,997        

or injury upon the ground that the subscriber might have elected   2,998        

to have such illness or injury covered by workers' compensation    2,999        

under division (A)(3) of section 4123.01 CHAPTER 4123. of the      3,001        

Revised Code unless the policy, contract, or agreement clearly     3,003        

excludes work or occupational related illness or injury, or the    3,004        

policy, contract, or agreement, or a separate writing signed by    3,005        

the subscriber, informs the subscriber that such coverage is       3,006        

excluded and may be available to the subscriber under workers'     3,007        

compensation as the sole proprietor of a business, a member of a   3,008        

partnership, or an officer of a family farm corporation.           3,009        

      Sec. 1751.58.  Except as otherwise provided in section 2721  3,019        

of the "Health Insurance Portability and Accountability Act of     3,023        

1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-21,  3,029        

as amended, the following conditions apply to all group health     3,030        

insuring corporation contracts that are sold in connection with    3,031        

an employment-related group health care plan and that are not      3,032        

subject to section 3924.03 of the Revised Code:                    3,034        

      (A)(1)  Except as provided in section 2712(b) to (e) of the  3,038        

"Health Insurance Portability and Accountability Act of 1996," if  3,042        

a health insuring corporation offers coverage in the small or      3,043        

large group market in connection with a group contract, the        3,044        

organization CORPORATION shall renew or continue in force such     3,045        

coverage at the option of the contract holder.                     3,047        

      (2)  A HEALTH INSURING CORPORATION MAY CANCEL OR DECIDE NOT  3,050        

TO RENEW THE COVERAGE OF ANY ELIGIBLE EMPLOYEE OR OF A DEPENDENT   3,051        

OF AN ELIGIBLE EMPLOYEE UNDER THE GROUP CONTRACT IN ACCORDANCE     3,052        

WITH DIVISION (B) OF SECTION 1751.18 OF THE REVISED CODE.                       

      (B)  Such group contracts are subject to division            3,054        

                                                          66     


                                                                 
(E)(1)(A)(3) of section 3924.03 and sections 3924.033 and 3924.27  3,056        

of the Revised Code.                                               3,057        

      (C)  Such group contracts shall provide for the special      3,060        

enrollment periods described in section 2701(f) of the "Health     3,062        

Insurance Portability and Accountability Act of 1996."             3,066        

      (D)  AT LEAST ONCE IN EVERY TWELVE-MONTH PERIOD, A HEALTH    3,069        

INSURING CORPORATION SHALL PROVIDE TO ALL LATE ENROLLEES, AS       3,070        

DEFINED IN SECTION 3924.01 OF THE REVISED CODE, WHO ARE            3,072        

IDENTIFIED BY THE CONTRACT HOLDER, THE OPTION TO ENROLL IN THE     3,073        

GROUP CONTRACT.  THE ENROLLMENT OPTION SHALL BE PROVIDED FOR A     3,074        

MINIMUM PERIOD OF THIRTY CONSECUTIVE DAYS.  ALL DELAYS OF          3,075        

COVERAGE IMPOSED UNDER THE GROUP CONTRACT, INCLUDING ANY           3,076        

AFFILIATION PERIOD, SHALL BEGIN ON THE DATE THE HEALTH INSURING    3,077        

CORPORATION RECEIVES NOTICE OF THE LATE ENROLLEE'S APPLICATION OR  3,078        

REQUEST FOR COVERAGE, AND SHALL RUN CONCURRENTLY WITH EACH OTHER.  3,079        

      Sec. 1751.59.  (A)  No individual or group health insuring   3,088        

corporation policy, contract, or agreement that makes family       3,090        

coverage available may be delivered, issued for delivery, or       3,092        

renewed in this state, unless the policy, contract, or agreement                

covers adopted children of the subscriber on the same basis as     3,093        

other dependents.                                                  3,094        

      (B)  The coverage required by this section is subject to     3,096        

the requirements and restrictions set forth in section 3924.51 of  3,098        

the Revised Code.  Coverage for dependent children living outside  3,100        

the health insuring corporation's approved service area must be    3,101        

provided if a court order requires the subscriber to provide       3,102        

health care coverage.                                                           

      Sec. 1751.60.  (A)  Except as provided for in divisions (E)  3,112        

and (F) of this section, every provider or health care facility    3,114        

that contracts with a health insuring corporation to provide       3,115        

health care services to the health insuring corporation's          3,116        

enrollees or subscribers shall seek compensation for covered       3,117        

services solely from the health insuring corporation and not,      3,118        

under any circumstances, from the enrollees or subscribers,        3,119        

                                                          67     


                                                                 
except for approved deductibles and copayments.                    3,120        

      (B)  No subscriber or enrollee of a health insuring          3,123        

corporation is liable to any contracting provider or health care   3,124        

facility for the cost of any covered health care services, if the  3,125        

subscriber or enrollee has acted in accordance with the evidence   3,126        

of coverage.                                                                    

      (C)  Except as provided for in divisions (E) and (F) of      3,130        

this section, every contract between a health insuring             3,131        

corporation and provider or health care facility shall contain a   3,132        

provision approved by the superintendent of insurance requiring    3,133        

the provider or health care facility to seek compensation solely   3,134        

from the health insuring corporation and not, under any            3,135        

circumstances, from the subscriber or enrollee, except for         3,136        

approved deductibles and copayments.                               3,137        

      (D)  Nothing in this section shall be construed as           3,140        

preventing a provider or health care facility from billing the     3,141        

enrollee or subscriber of a health insuring corporation for        3,142        

noncovered services.                                                            

      (E)  Upon application by a health insuring corporation and   3,145        

a provider or health care facility, the superintendent may waive   3,146        

the requirements of divisions (A) and (C) of this section when,    3,148        

in addition to the reserve requirements contained in section       3,149        

1751.28 of the Revised Code, the health insuring corporation       3,152        

provides sufficient assurances to the superintendent that the      3,153        

provider or health care facility has been provided with financial  3,154        

guarantees.  No waiver of the requirements of divisions (A) and    3,155        

(C) of this section is effective as to enrollees or subscribers    3,157        

for whom the health insuring corporation is compensated under a    3,158        

provider agreement or risk contract entered into pursuant to       3,159        

Chapter 5111. or 5115. of the Revised Code.                        3,162        

      (F)  The requirements of divisions (A) to (C) of this        3,166        

section apply only to health care services provided to an          3,167        

enrollee or subscriber prior to the effective date of a            3,168        

termination of a contract between the health insuring corporation  3,169        

                                                          68     


                                                                 
and the provider or health care facility.                          3,170        

      Sec. 1751.62.  (A)  As used in this section, "screening      3,180        

mammography" means a radiologic examination utilized to detect     3,181        

unsuspected breast cancer at an early stage in an asymptomatic     3,182        

woman and includes the x-ray examination of the breast using       3,183        

equipment that is dedicated specifically for mammography,          3,184        

including the x-ray tube, filter, compression device, screens,     3,185        

film, and cassettes, and that has an average radiation exposure    3,186        

delivery of less than one rad mid-breast.  "Screening              3,187        

mammography" includes two views for each breast.  The term also    3,188        

includes the professional interpretation of the film.              3,189        

      "Screening mammography" does not include diagnostic          3,191        

mammography.                                                       3,192        

      (B)  Every individual or group health insuring corporation   3,195        

policy, contract, or agreement providing basic health care         3,196        

services that is delivered, issued for delivery, or renewed in     3,197        

this state shall provide benefits for the expenses of both of the  3,198        

following:                                                         3,199        

      (1)  Screening mammography to detect the presence of breast  3,202        

cancer in adult women;                                                          

      (2)  Cytologic screening for the presence of cervical        3,204        

cancer.                                                            3,205        

      (C)  The benefits provided under division (B)(1) of this     3,209        

section shall cover expenses in accordance with all of the         3,210        

following:                                                                      

      (1)  If a woman is at least thirty-five years of age but     3,212        

under forty years of age, one screening mammography;               3,213        

      (2)  If a woman is at least forty years of age but under     3,215        

fifty years of age, either of the following:                       3,216        

      (a)  One screening mammography every two years;              3,219        

      (b)  If a licensed physician has determined that the woman   3,222        

has risk factors to breast cancer, one screening mammography       3,223        

every year.                                                                     

      (3)  If a woman is at least fifty years of age but under     3,225        

                                                          69     


                                                                 
sixty-five years of age, one screening mammography every year.     3,227        

      (D)(1)  The benefits provided under division (B)(1) of this  3,231        

section shall not exceed eighty-five dollars per year unless a     3,232        

lower amount is established pursuant to a provider contract.       3,233        

      (2)  The benefit paid in accordance with division (D)(1) of  3,236        

this section shall constitute full payment.  No institutional or   3,237        

professional health care provider shall seek or receive            3,238        

remuneration in excess of the payment made in accordance with      3,239        

division (D)(1) of this section, except for approved deductibles   3,241        

and copayments.                                                                 

      (E)  The benefits provided under division (B)(1) of this     3,245        

section shall be provided only for screening mammographies that    3,246        

are performed in a health care facility or mobile mammography      3,247        

screening unit that is accredited under the American college of    3,248        

radiology mammography accreditation program or in a hospital as    3,249        

defined in section 3727.01 of the Revised Code.                    3,251        

      (F)  The benefits provided under divisions (B)(1) and (2)    3,255        

of this section shall be provided according to the terms of the    3,256        

subscriber contract.                                                            

      (G)  The benefits provided under division (B)(2) of this     3,260        

section shall be provided only for cytologic screenings that are   3,261        

processed and interpreted in a laboratory certified by the         3,262        

college of American pathologists or in a hospital as defined in    3,263        

section 3727.01 of the Revised Code.                               3,265        

      Sec. 1751.81.  (A)  As used in this section:                 3,274        

      (1)  "Enrollee" includes the representative of an enrollee.  3,276        

      (2)  "Necessary information" includes the results of any     3,278        

face-to-face clinical evaluation or second opinion that may be     3,280        

required.                                                                       

      (B)  A health insuring corporation shall maintain written    3,282        

procedures for making utilization review determinations and for    3,284        

notifying enrollees, and participating providers and health care   3,286        

facilities acting on behalf of enrollees, of its determinations.   3,287        

      (C)  For initial determinations, a health insuring           3,289        

                                                          70     


                                                                 
corporation shall make the determination within two business days  3,291        

after obtaining all necessary information regarding a proposed     3,293        

admission, procedure, or health care service requiring a review    3,294        

determination.                                                     3,295        

      (1)  In the case of a determination to certify an            3,297        

admission, procedure, or health care service, the health insuring  3,298        

corporation shall notify the provider or health care facility      3,299        

rendering the health care service by telephone OR FACSIMILE        3,300        

within three business days after making the initial                3,301        

certification, and shall provide written or electronic             3,303        

confirmation of the telephone notification to the enrollee and     3,304        

the provider or health care facility within two business days      3,305        

after making the telephone notification.                           3,306        

      (2)  In the case of an adverse determination, the health     3,308        

insuring corporation shall notify the provider or health care      3,310        

facility rendering the health care service by telephone within     3,311        

three business days after making the adverse determination, and    3,312        

shall provide written or electronic confirmation of the telephone  3,313        

notification to the enrollee and the provider or health care       3,314        

facility within one business day after making the telephone        3,315        

notification.                                                                   

      (D)  For concurrent review determinations, a health          3,317        

insuring corporation shall make the determination within one       3,319        

business day after obtaining all necessary information.            3,320        

      (1)  In the case of a determination to certify an extended   3,322        

stay or additional health care services, the health insuring       3,323        

corporation shall notify the provider or health care facility      3,324        

rendering the health care service by telephone OR FACSIMILE        3,325        

within one business day after making the certification, and shall  3,328        

provide written or electronic confirmation to the enrollee and                  

the provider or health care facility within one business day       3,329        

after the telephone notification.  The written notification shall  3,330        

include the number of extended days or next review date, the new   3,331        

total number of days of health care services approved, and the     3,333        

                                                          71     


                                                                 
date of admission or initiation of health care services.                        

      (2)  In the case of an adverse determination, the health     3,335        

insuring corporation shall notify the provider or health care      3,336        

facility rendering the health care service by telephone within     3,337        

one business day after making the adverse determination, and       3,338        

shall provide written or electronic confirmation to the enrollee   3,339        

and the provider or health care facility within one business day   3,340        

after the telephone notification.  The health care service to the  3,341        

enrollee shall be continued, with standard copayments and          3,343        

deductibles, if applicable, until the enrollee has been notified   3,344        

of the determination.                                              3,345        

      (E)  For retrospective review determinations, a health       3,347        

insuring corporation shall make the determination within thirty    3,350        

business days after receiving all necessary information.           3,351        

      (1)  In the case of a certification, the health insuring     3,353        

corporation may notify the enrollee and the provider or health     3,355        

care facility rendering the health care service in writing.        3,356        

      (2)  In the case of an adverse determination, the health     3,358        

insuring corporation shall notify the enrollee and the provider    3,360        

or health care facility rendering the health care service, in      3,361        

writing, within five business days after making the adverse        3,362        

determination.                                                                  

      (F)  The time frames set forth in divisions (C), (D), and    3,365        

(E) of this section for determinations and notifications shall     3,366        

prevail unless the seriousness of the medical condition of the     3,367        

enrollee otherwise requires a more timely response from the                     

health insuring corporation.  The health insuring corporation      3,368        

shall maintain written procedures for making expedited             3,370        

utilization review determinations and notifications of enrollees   3,371        

and providers or health care facilities when warranted by the      3,372        

medical condition of the enrollee.                                 3,373        

      (G)  A written notification of an adverse determination      3,375        

shall include the principal reason or reasons for the              3,376        

determination, instructions for initiating an appeal or            3,377        

                                                          72     


                                                                 
reconsideration of the determination, and instructions for         3,378        

requesting a written statement of the clinical rationale used to   3,379        

make the determination.  A health insuring corporation shall                    

provide the clinical rationale for an adverse determination in     3,381        

writing to any party who received notice of the adverse            3,383        

determination and who follows the instructions for a request.      3,384        

      (H)  A health insuring corporation shall have written        3,386        

procedures to address the failure or inability of a health care    3,389        

facility, provider, or enrollee to provide all necessary           3,391        

information for review.  If the health care facility, provider,                 

or enrollee will not release necessary information, the health     3,393        

insuring corporation may deny certification.                       3,394        

      Sec. 1785.01.  As used in this chapter:                      3,403        

      (A)  "Professional service" means any type of professional   3,405        

service that may be performed only pursuant to a license,          3,406        

certificate, or other legal authorization issued pursuant to       3,407        

Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731.,    3,409        

4732., 4733., 4734., or 4741., sections 4755.01 to 4755.12, or     3,412        

4755.40 to 4755.56 of the Revised Code to certified public         3,414        

accountants, licensed public accountants, architects, attorneys,   3,415        

dentists, nurses, optometrists, pharmacists, doctors of medicine   3,417        

and surgery, doctors of osteopathic medicine and surgery, doctors  3,418        

of podiatric medicine and surgery, practitioners of the limited    3,419        

branches of medicine or surgery specified in section 4731.15 of    3,420        

the Revised Code, MECHANOTHERAPISTS, psychologists, professional   3,421        

engineers, chiropractors, veterinarians, occupational therapists,  3,423        

and physical therapists.                                           3,424        

      (B)  "Professional association" means an association         3,426        

organized under this chapter for the sole purpose of rendering     3,427        

one of the professional services authorized under Chapter 4701.,   3,428        

4703., 4705., 4715., 4723., 4725., 4729., 4731., 4732., 4733.,     3,429        

4734., or 4741., sections 4755.01 to 4755.12, or 4755.40 to        3,431        

4755.56 of the Revised Code, a combination of the professional     3,433        

services authorized under Chapters 4703. and 4733. of the Revised  3,434        

                                                          73     


                                                                 
Code, or a combination of the professional services of             3,435        

optometrists authorized under Chapter 4725. of the Revised Code,                

chiropractors authorized under Chapter 4734. of the Revised Code,  3,436        

psychologists authorized under Chapter 4732. of the Revised Code,  3,438        

registered or licensed practical nurses authorized under Chapter   3,440        

4723. of the Revised Code, pharmacists authorized under Chapter    3,441        

4729. of the Revised Code, physical therapists authorized under    3,442        

sections 4755.40 to 4755.53 of the Revised Code,                   3,443        

MECHANOTHERAPISTS AUTHORIZED UNDER SECTION 4731.151 OF THE         3,444        

REVISED CODE, and doctors of medicine and surgery, osteopathic     3,445        

medicine and surgery, or podiatric medicine and surgery            3,446        

authorized under Chapter 4731. of the Revised Code.                             

      Sec. 1785.02.  An individual or group of individuals each    3,455        

of whom is licensed, certificated, or otherwise legally            3,456        

authorized to render within this state the same kind of            3,457        

professional service, a group of individuals each of whom is       3,459        

licensed, certificated, or otherwise legally authorized to render  3,461        

within this state the professional service authorized under                     

Chapter 4703. or 4733. of the Revised Code, or a group of          3,463        

individuals each of whom is licensed, certificated, or otherwise   3,464        

legally authorized to render within this state the professional    3,465        

service of optometrists authorized under Chapter 4725. of the      3,466        

Revised Code, chiropractors authorized under Chapter 4734. of the  3,468        

Revised Code, psychologists authorized under Chapter 4732. of the  3,470        

Revised Code, registered or licensed practical nurses authorized   3,471        

under Chapter 4723. of the Revised Code, pharmacists authorized    3,474        

under Chapter 4729. of the Revised Code, physical therapists       3,476        

authorized under sections 4755.40 to 4755.53 of the Revised Code,  3,479        

MECHANOTHERAPISTS AUTHORIZED UNDER SECTION 4731.151 OF THE                      

REVISED CODE, or doctors of medicine and surgery, osteopathic      3,481        

medicine and surgery, or podiatric medicine and surgery            3,482        

authorized under Chapter 4731. of the Revised Code may organize    3,484        

and become a shareholder or shareholders of a professional         3,485        

association.  Any group of individuals described in this section                

                                                          74     


                                                                 
who may be rendering one of the professional services as an        3,486        

organization created otherwise than pursuant to this chapter may   3,487        

incorporate under and pursuant to this chapter by amending the     3,488        

agreement establishing the organization in a manner that the       3,489        

agreement as amended constitutes articles of incorporation         3,490        

prepared and filed in the manner prescribed in section 1785.08 of  3,491        

the Revised Code and by otherwise complying with the applicable    3,492        

requirements of this chapter.                                                   

      Sec. 1785.03.  A professional association may render a       3,501        

particular professional service only through officers, employees,  3,502        

and agents who are themselves duly licensed, certificated, or      3,503        

otherwise legally authorized to render the professional service    3,504        

within this state.  As used in this section, "employee" does not   3,506        

include clerks, bookkeepers, technicians, or other individuals     3,507        

who are not usually and ordinarily considered by custom and        3,508        

practice to be rendering a particular professional service for     3,509        

which a license, certificate, or other legal authorization is      3,510        

required and does not include any other person who performs all    3,512        

of that person's employment under the direct supervision and       3,513        

control of an officer, agent, or employee who renders a            3,514        

particular professional service to the public on behalf of the     3,516        

professional association.                                                       

      No professional association formed for the purpose of        3,520        

providing a combination of the professional services, as defined                

in section 1785.01 of the Revised Code, of optometrists            3,521        

authorized under Chapter 4725. of the Revised Code, chiropractors  3,522        

authorized under Chapter 4734. of the Revised Code, psychologists  3,524        

authorized under Chapter 4732. of the Revised Code, registered or  3,526        

licensed practical nurses authorized under Chapter 4723. of the                 

Revised Code, pharmacists authorized under Chapter 4729. of the    3,527        

Revised Code, physical therapists authorized under sections        3,528        

4755.40 to 4755.53 of the Revised Code, MECHANOTHERAPISTS          3,529        

AUTHORIZED UNDER SECTION 4731.151 OF THE REVISED CODE, and         3,530        

doctors OF medicine and surgery, osteopathic medicine and                       

                                                          75     


                                                                 
surgery, or podiatric medicine and surgery authorized under        3,531        

Chapter 4731. of the Revised Code shall control the professional   3,532        

clinical judgment exercised within accepted and prevailing         3,533        

standards of practice of a licensed, certificated, or otherwise    3,534        

legally authorized optometrist, chiropractor, psychologist,        3,535        

nurse, pharmacist, physical therapist, MECHANOTHERAPIST, or        3,536        

doctor of medicine and surgery, osteopathic medicine and surgery,  3,538        

or podiatric medicine and surgery in rendering care, treatment,    3,539        

or professional advice to an individual patient.                                

      This division does not prevent a hospital, as defined in     3,541        

section 3727.01 of the Revised Code, insurer, as defined in        3,542        

section 3999.36 of the Revised Code, or intermediary               3,543        

organization, as defined in section 1751.01 of the Revised Code,   3,545        

from entering into a contract with a professional association      3,546        

described in this division that includes a provision requiring     3,547        

utilization review, quality assurance, peer review, or other                    

performance or quality standards.  Those activities shall not be   3,548        

construed as controlling the professional clinical judgment of an  3,549        

individual practitioner listed in this division.                   3,550        

      Sec. 1785.08.  Chapter 1701. of the Revised Code applies to  3,559        

professional associations, including their organization and the    3,560        

manner of filing articles of incorporation, except that the        3,561        

requirements of division (A) of section 1701.06 of the Revised     3,562        

Code do not apply to professional associations.  If any provision  3,563        

of this chapter conflicts with any provision of Chapter 1701. of                

the Revised Code, the provisions of this chapter shall take        3,564        

precedence.  A professional association for the practice of        3,565        

medicine and surgery, osteopathic medicine and surgery, or         3,567        

podiatric medicine and surgery or for the combined practice of                  

optometry, chiropractic, psychology, nursing, pharmacy, physical   3,568        

therapy, MECHANOTHERAPY, medicine and surgery, osteopathic         3,570        

medicine and surgery, or podiatric medicine and surgery may        3,571        

provide in its articles of incorporation or bylaws that its        3,572        

directors may have terms of office not exceeding six years.        3,573        

                                                          76     


                                                                 
      Sec. 1907.161.  (A)  As used in this section, "health care   3,583        

coverage" means sickness and accident insurance or other coverage  3,584        

of hospitalization, surgical care, major medical care,                          

disability, dental care, eye care, medical care, hearing aids,     3,585        

and prescription drugs or any combination of those benefits or     3,586        

services.                                                                       

      (B)  The board of county commissioners, after consultation   3,589        

with the judges of the county court, shall negotiate and contract  3,590        

for, purchase, or otherwise procure group health care coverage                  

for the judges and their spouses and dependents from insurance     3,591        

companies authorized to engage in the business of insurance in     3,592        

this state under Title XXXIA XXXIX of the Revised Code, medical    3,594        

care corporations organized under Chapter 1737. of the Revised                  

Code, health care corporations organized under Chapter 1738. of    3,596        

the Revised Code, or health maintenance organizations INSURING     3,597        

CORPORATIONS organized under Chapter 1742. 1751. of the Revised    3,599        

Code, except that, if the county provides group health care        3,601        

coverage for its employees, the group health care coverage         3,602        

required by this section shall be provided, if possible, through   3,603        

the policy or plan under which the group health care coverage is   3,604        

provided for the county employees.                                              

      (C)  The portion of the costs, premiums, or charges for the  3,607        

group health care coverage procured pursuant to division (B) of    3,608        

this section that is not paid by the judges of the county court,   3,609        

or all of the costs, premiums, or charges for the group health     3,610        

care coverage if the judges will not be paying any portion of      3,611        

those costs, premiums, or charges, shall be paid out of the                     

county treasury.                                                   3,612        

      Sec. 2305.252.  (A)  As used in this section:                3,621        

      (1)  "Review board, committee, risk management personnel,    3,623        

or corporation" means any of the following:                        3,624        

      (a)  A peer review committee of a hospital, a nonprofit      3,626        

health care corporation that is a member of the hospital or of     3,627        

which the hospital is a member, or a community mental health       3,628        

                                                          77     


                                                                 
center;                                                                         

      (b)  A board or committee of a hospital or of a nonprofit    3,630        

health care corporation that is a member of the hospital or of     3,631        

which the hospital is a member reviewing professional              3,632        

qualifications or activities of the hospital medical staff or      3,633        

applicants for admission to the medical staff;                                  

      (c)  A utilization committee of a state or local society     3,635        

composed of doctors of medicine or doctors of osteopathic          3,636        

medicine and surgery or doctors of podiatric medicine;             3,637        

      (d)  A peer review committee of nursing home providers or    3,639        

administrators, including a corporation engaged in performing the  3,640        

functions of a peer review committee of nursing home providers or  3,641        

administrators, or a corporation engaged in performing the         3,642        

functions of another type of peer review or professional           3,644        

standards review committee;                                                     

      (e)  A peer review committee, professional standards review  3,646        

committee, or arbitration committee of a state or local society    3,647        

composed of doctors of medicine, doctors of osteopathic medicine   3,648        

and surgery, doctors of dentistry, doctors of optometry, doctors   3,649        

of podiatric medicine, psychologists, or registered pharmacists;   3,650        

      (f)  A peer review committee of a health maintenance         3,652        

organization INSURING CORPORATION that has at least a two-thirds   3,654        

majority of member physicians in active practice and that          3,655        

conducts professional credentialing and quality review activities  3,656        

involving the competence or professional conduct of health care                 

providers, which conduct adversely affects, or could adversely     3,657        

affect, the health or welfare of any patient.  For purposes of     3,658        

this division, "health maintenance organization INSURING           3,659        

CORPORATION" includes wholly-owned WHOLLY OWNED subsidiaries of a  3,660        

health maintenance organization INSURING CORPORATION.              3,661        

      (g)  A peer review committee of any insurer authorized       3,663        

under Title XXXIX of the Revised Code to do the business of        3,664        

sickness and accident insurance in this state that has at least a  3,665        

two-thirds majority of physicians in active practice and that      3,666        

                                                          78     


                                                                 
conducts professional credentialing and quality review activities  3,667        

involving the competence or professional conduct of health care    3,668        

providers, which conduct adversely affects, or could adversely                  

affect, the health or welfare of any patient;                      3,669        

      (h)  A peer review committee of any insurer authorized       3,671        

under Title XXXIX of the Revised Code to do the business of        3,672        

sickness and accident insurance in this state that has at least a  3,673        

two-thirds majority of physicians in active practice and that      3,674        

conducts professional credentialing and quality review activities  3,675        

involving the competence or professional conduct of a health care  3,676        

facility that has contracted with the insurer to provide health                 

care services to insureds, which conduct adversely affects, or     3,677        

could adversely affect, the health or welfare of any patient;      3,678        

      (i)  A peer review committee of an insurer authorized under  3,680        

Title XXXIX of the Revised Code to do the business of medical      3,681        

professional liability insurance in this state and that conducts   3,682        

professional quality review activities involving the competence    3,683        

or professional conduct of health care providers, which conduct    3,684        

adversely affects, or could affect, the health or welfare of any   3,685        

patient;                                                                        

      (j)  A peer review committee of a health care entity.        3,687        

      (2)  "Peer review committee" means a utilization review      3,689        

committee, quality assurance committee, quality improvement        3,690        

committee, tissue committee, credentialing committee, and any      3,691        

other committee that conducts professional credentialing and       3,692        

quality review activities involving the competence or                           

professional conduct of health care practitioners.                 3,693        

      (3)  "Health care entity" means a government entity, a       3,695        

for-profit or nonprofit corporation, a limited liability company,  3,696        

a partnership, a professional corporation, a state or local        3,697        

society as described in division (A)(1)(c) of this section, or     3,698        

other health care organization, including, but not limited to,     3,699        

health care entities described in division (A)(1) of this          3,700        

section, whether acting on its own behalf or on behalf of or in    3,701        

                                                          79     


                                                                 
affiliation with other health care entities, that conducts, as     3,702        

part of its purpose, professional credentialing and quality                     

review activities involving the competence or professional         3,703        

conduct of health care practitioners.                              3,704        

      (4)  "Incident report or risk management report" means a     3,707        

report of an incident involving injury or potential injury to a                 

patient as a result of patient care by a health care entity that   3,708        

is prepared by or for the use of a review board, committee, risk   3,709        

management personnel, or corporation and is within the scope of    3,710        

the functions of that review board, committee, risk management     3,711        

personnel, or corporation.                                                      

      (5)  "Tort action" means a civil action for damages for      3,714        

injury, death, or loss to a patient of a health care entity.       3,715        

"Tort action" includes a product liability claim but does not      3,716        

include a civil action for a breach of contract or another         3,717        

agreement between persons.                                                      

      (B)  Notwithstanding any contrary provision of section       3,720        

149.43, 1742.141 1751.21, 2305.24, 2305.25, 2305.251, or 2305.28   3,721        

of the Revised Code, an incident report or risk management report  3,723        

and the contents of an incident report or risk management report   3,724        

are not subject to discovery in, and are not admissible in         3,725        

evidence in the trial of, a tort action.  An individual who                     

prepares or has knowledge of the contents of an incident report    3,726        

or risk management report shall not testify and shall not be       3,727        

required to testify in a tort action as to the contents of the     3,728        

report.  This division does not prohibit or limit the discovery    3,729        

or admissibility of testimony or evidence relating to patient      3,730        

care that is within a person's personal knowledge.                 3,731        

      (C)  Except as specified in division (B) of this section,    3,734        

this section does not affect any provision of section 1742.141     3,735        

1751.21, 2305.24, 2305.25, 2305.251, or 2305.28 of the Revised     3,737        

Code that describes, imposes, or confers an immunity from tort or  3,738        

other civil liability, a forfeiture of an immunity from tort or    3,739        

other civil liability, a requirement of confidentiality, a         3,740        

                                                          80     


                                                                 
limitation upon the use of information, data, reports, or          3,741        

records, tort or other civil liability, or a limitation upon       3,742        

discovery of matter, introduction into evidence of matter, or      3,743        

testimony pertaining to matter in a tort or other civil action.    3,744        

This section does not affect a privileged communication between    3,745        

an attorney and the attorney's client under section 2317.02 of     3,746        

the Revised Code.                                                               

      (D)  This section shall be considered to be purely remedial  3,748        

in operation and shall be applied in a remedial manner in any      3,749        

civil action in which this section is relevant, whether the civil  3,750        

action is pending in court or commenced on or after the effective  3,751        

date of this section JANUARY 27, 1997, regardless of when the      3,752        

cause of action accrued and notwithstanding any other section of   3,753        

the Revised Code or prior rule of law of this state.               3,754        

      Sec. 3701.18.  (A)  AS USED IN THIS SECTION:                 3,757        

      (1)  "AMBLYOPIA" MEANS REDUCED VISION IN AN EYE THAT HAS     3,759        

NOT RECEIVED ADEQUATE USE DURING EARLY CHILDHOOD.                  3,760        

      (2)  "501(c) ORGANIZATION" MEANS AN ORGANIZATION EXEMPT      3,762        

FROM FEDERAL INCOME TAXATION PURSUANT TO 26 U.S.C.A. 501(a) AND    3,765        

(c).                                                                            

      (B)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE SAVE  3,768        

OUR SIGHT FUND.  THE FUND SHALL CONSIST OF VOLUNTARY                            

CONTRIBUTIONS DEPOSITED AS PROVIDED IN SECTION 4503.104 OF THE     3,770        

REVISED CODE.  ALL INVESTMENT EARNINGS FROM THE FUND SHALL BE      3,772        

CREDITED TO THE FUND.                                                           

      (C)  THE DIRECTOR OF HEALTH SHALL USE THE MONEY IN THE SAVE  3,775        

OUR SIGHT FUND AS FOLLOWS:                                                      

      (1)  TO PROVIDE SUPPORT TO 501(c) ORGANIZATIONS THAT OFFER   3,777        

VISION SERVICES IN ALL COUNTIES OF THE STATE AND HAVE              3,779        

DEMONSTRATED EXPERIENCE IN THE DELIVERY OF VISION SERVICES TO DO   3,780        

ONE OR MORE OF THE FOLLOWING:                                                   

      (a)  IMPLEMENT A VOLUNTARY CHILDREN'S VISION SCREENING       3,782        

TRAINING AND CERTIFICATION PROGRAM FOR VOLUNTEERS, CHILD DAY-CARE  3,784        

PROVIDERS, NURSES, TEACHERS, HEALTH CARE PROFESSIONALS PRACTICING  3,785        

                                                          81     


                                                                 
IN PRIMARY CARE SETTINGS, AND OTHERS SERVING CHILDREN;             3,786        

      (b)  PROVIDE MATERIALS FOR THE PROGRAM IMPLEMENTED UNDER     3,788        

DIVISION (C)(1)(a) OF THIS SECTION;                                3,789        

      (c)  DEVELOP AND IMPLEMENT A REGISTRY AND TARGETED           3,792        

VOLUNTARY CASE MANAGEMENT SYSTEM TO DETERMINE WHETHER CHILDREN     3,793        

WITH AMBLYOPIA ARE RECEIVING PROFESSIONAL EYE CARE AND TO PROVIDE  3,794        

THEIR PARENTS WITH INFORMATION AND SUPPORT REGARDING THEIR         3,795        

CHILD'S VISION CARE;                                                            

      (d)  ESTABLISH A MATCHING GRANT PROGRAM FOR THE PURCHASE     3,798        

AND DISTRIBUTION OF PROTECTIVE EYEWEAR TO CHILDREN;                3,799        

      (e)  PROVIDE VISION HEALTH AND SAFETY PROGRAMS AND           3,801        

MATERIALS FOR CLASSROOMS.                                          3,802        

      (2)  FOR THE PURPOSE OF SECTION 4503.104 OF THE REVISED      3,804        

CODE, TO DEVELOP AND DISTRIBUTE INFORMATIONAL MATERIALS ON THE     3,805        

IMPORTANCE OF EYE CARE AND SAFETY TO THE REGISTRAR OF MOTOR        3,806        

VEHICLES AND EACH DEPUTY REGISTRAR;                                             

      (3)  TO PAY COSTS INCURRED BY THE DIRECTOR IN ADMINISTERING  3,808        

THE FUND;                                                                       

      (4)  TO REIMBURSE THE BUREAU OF MOTOR VEHICLES FOR THE       3,810        

ADMINISTRATIVE COSTS INCURRED IN PERFORMING ITS DUTIES UNDER       3,811        

SECTION 4503.104 OF THE REVISED CODE.                                           

      (D)  A 501(c) ORGANIZATION SEEKING FUNDING FROM THE SAVE     3,814        

OUR SIGHT FUND FOR ANY OF THE PROJECTS SPECIFIED IN DIVISION (C)   3,815        

OF THIS SECTION SHALL SUBMIT A REQUEST FOR THE FUNDING TO THE      3,817        

DIRECTOR IN ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (E) OF    3,819        

THIS SECTION.  THE DIRECTOR SHALL DETERMINE THE APPROPRIATENESS    3,820        

OF AND APPROVE OR DISAPPROVE PROJECTS FOR FUNDING AND APPROVE OR   3,821        

DISAPPROVE THE DISBURSEMENT OF MONEY FROM THE SAVE OUR SIGHT       3,822        

FUND.                                                                           

      (E)  THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES IN          3,824        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT      3,825        

THIS SECTION.  THE RULES SHALL INCLUDE THE PARAMETERS OF THE       3,826        

PROJECTS SPECIFIED IN DIVISION (C)(1) OF THIS SECTION THAT MAY BE  3,827        

FUNDED WITH MONEY IN THE SAVE OUR SIGHT FUND AND PROCEDURES FOR    3,828        

                                                          82     


                                                                 
501(c) ORGANIZATIONS TO REQUEST FUNDING FROM THE FUND.             3,830        

      Sec. 3701.75.  (A)  As used in this section:                 3,839        

      (1)  "Electronic record" means a record communicated,        3,842        

received, or stored by electronic, magnetic, optical, or similar   3,843        

means for storage in an information system or transmission from    3,844        

one information system to another.  "Electronic record" includes   3,845        

a record that is communicated, received, or stored by electronic                

data interchange, electronic mail, facsimile, telex, or similar    3,847        

methods of communication.                                                       

      (2)  "Electronic signature" means any of the following       3,849        

attached to or associated with an electronic record by an          3,851        

individual to authenticate the record:                                          

      (a)  A code consisting of a combination of letters,          3,854        

numbers, characters, or symbols that is adopted or executed by an  3,855        

individual as that individual's electronic signature;              3,856        

      (b)  A computer-generated signature code created for an      3,859        

individual;                                                                     

      (c)  An electronic image of an individual's handwritten      3,862        

signature created by using a pen computer.                                      

      (3)  "Health care record" means any document or combination  3,865        

of documents pertaining to a patient's medical history,                         

diagnosis, prognosis, or medical condition that is generated and   3,866        

maintained in the process of the patient's treatment.              3,867        

      (B)  Any ALL NOTES, ORDERS, AND OBSERVATIONS ENTERED INTO A  3,870        

HEALTH CARE RECORD, INCLUDING ANY INTERPRETIVE REPORTS OF          3,873        

DIAGNOSTIC TESTS OR SPECIFIC TREATMENTS, SUCH AS RADIOLOGIC OR                  

ELECTROCARDIOGRAPHIC REPORTS, OPERATIVE REPORTS, REPORTS OF        3,874        

PATHOLOGIC EXAMINATION OF TISSUE, AND SIMILAR REPORTS, SHALL BE    3,875        

AUTHENTICATED BY THE INDIVIDUAL WHO MADE OR AUTHORIZED THE ENTRY.  3,876        

AN entry into a health care record may be authenticated by         3,879        

executing handwritten signatures or handwritten initials directly  3,880        

on the entry or by executing an electronic signature.  An ENTRY    3,882        

THAT IS AN electronic signature executed in accordance with an     3,883        

electronic signature system that is certified by the department    3,886        

                                                          83     


                                                                 
of health under division (C) of this section shall be considered   3,887        

for all legal purposes to be the same as having executed a         3,888        

handwritten signature or handwritten initials, except when any                  

federal law governing state participation in a federal program     3,889        

requires that entries into health care records RECORD MAY be       3,890        

authenticated only by handwritten signatures or handwritten        3,892        

initials.  The AN electronic signature generated by a certified    3,894        

system shall be presumed to be the signature of the individual to  3,896        

whom it is assigned and to be affixed for the purpose of           3,898        

authenticating an entry into a health care record.                 3,899        

      (C)(1)  The department of health shall administer a program  3,901        

under which entities that create and maintain health care records  3,902        

may receive certification from the department of their electronic  3,903        

signature systems.  The department shall determine the types of    3,904        

entities that are eligible to have their electronic signature      3,905        

systems certified under this section.                                           

      The department shall certify an eligible entity's            3,907        

electronic signature system if all of the following apply:         3,908        

      (a)(1)  The entity RESPONSIBLE FOR CREATING AND MAINTAINING  3,911        

THE HEALTH CARE RECORD adopts a policy that permits the use of     3,913        

electronic signatures on electronic records.                       3,914        

      (b)(2)  The entity's electronic signature system utilizes    3,917        

either a two-level access control mechanism that assigns a unique  3,918        

identifier to each user or a biometric access control device.      3,919        

      (c)(3)  The entity takes steps to safeguard against          3,922        

unauthorized access to the system and forgery of electronic        3,924        

signatures.                                                                     

      (d)(4)  The system includes a process to verify that the     3,927        

individual affixing the electronic signature has reviewed the      3,928        

contents of the entry and determined that the entry contains what  3,929        

that individual intended.                                                       

      (e)(5)  The policy adopted by the entity pursuant to         3,932        

division (C)(B)(1)(a) of this section prescribes all of the        3,933        

following:                                                                      

                                                          84     


                                                                 
      (i)(a)  A procedure by which each user of the system must    3,935        

certify in writing that the user will follow the confidentiality   3,939        

and security policies maintained by the entity for the system;     3,940        

      (ii)(b)  Penalties for misusing the system;                  3,942        

      (iii)(c)  Training for all users of the system that          3,946        

includes an explanation of the appropriate use of the system and                

the consequences for not complying with the entity's               3,948        

confidentiality and security policies.                                          

      (2)  In lieu of making a direct determination of compliance  3,951        

under division (C)(1) of this section, the department may accept   3,953        

the approval of any private or public organization that has                     

reviewed the entity's system, if the department determines that    3,954        

the organization has standards at least as stringent as those      3,955        

specified in division (C)(1) of this section.  Organizations with  3,957        

standards for approval of electronic signature systems that the                 

department may accept include the joint commission on              3,960        

accreditation of healthcare organizations, the American            3,961        

osteopathic association, the United States food and drug           3,963        

administration, and the United States health care financing        3,965        

administration.  If an entity receives approval of its electronic  3,966        

signature system in this manner, and is subsequently cited by the  3,968        

private or public organization for a violation that involves the   3,969        

entity's system, the entity shall immediately notify the           3,971        

department of the citation and the department shall withdraw its                

certification.                                                     3,972        

      (3)  The public health council shall adopt rules in          3,974        

accordance with Chapter 119. of the Revised Code as necessary for  3,976        

the department's administration of the program for certifying the  3,977        

electronic signature systems of entities that create and maintain  3,978        

health care records.                                                            

      Sec. 3702.141.  (A)  AS USED IN THIS SECTION, "EXISTING      3,981        

HEALTH CARE FACILITY" HAS THE SAME MEANING AS IN SECTION 3702.51   3,982        

OF THE REVISED CODE.                                               3,984        

      (B)  SECTION 3702.14 OF THE REVISED CODE SHALL NOT BE        3,988        

                                                          85     


                                                                 
CONSTRUED TO REQUIRE ANY EXISTING HEALTH CARE FACILITY THAT IS     3,989        

CONDUCTING AN ACTIVITY SPECIFIED IN SECTION 3702.11 OF THE         3,991        

REVISED CODE, WHICH ACTIVITY WAS INITIATED ON OR BEFORE MARCH 20,  3,993        

1997, TO ALTER, UPGRADE, OR OTHERWISE IMPROVE THE STRUCTURE OR     3,995        

FIXTURES OF THE FACILITY IN ORDER TO COMPLY WITH ANY RULE ADOPTED  3,996        

UNDER SECTION 3702.11 OF THE REVISED CODE RELATING TO THAT         3,998        

ACTIVITY, UNLESS ONE OF THE FOLLOWING APPLIES:                     3,999        

      (1)  THE FACILITY INITIATES A CONSTRUCTION, RENOVATION, OR   4,001        

RECONSTRUCTION PROJECT THAT INVOLVES A CAPITAL EXPENDITURE OF AT   4,002        

LEAST FIFTY THOUSAND DOLLARS, NOT INCLUDING EXPENDITURES FOR       4,004        

EQUIPMENT OR STAFFING OR OPERATIONAL COSTS, AND THAT DIRECTLY      4,005        

INVOLVES THE AREA IN WHICH THE EXISTING SERVICE IS CONDUCTED.      4,006        

      (2)  THE FACILITY INITIATES ANOTHER ACTIVITY SPECIFIED IN    4,008        

SECTION 3702.11 OF THE REVISED CODE.                               4,010        

      (3)  THE FACILITY INITIATES A SERVICE LEVEL DESIGNATION      4,012        

CHANGE FOR OBSTETRIC AND NEWBORN CARE.                             4,013        

      (4)  THE FACILITY PROPOSES TO ADD A CARDIAC CATHETERIZATION  4,016        

LABORATORY TO AN EXISTING CARDIAC CATHETERIZATION SERVICE.         4,017        

      (5)  THE FACILITY PROPOSES TO ADD AN OPEN-HEART OPERATING    4,019        

ROOM TO AN EXISTING OPEN-HEART SURGERY SERVICE.                    4,020        

      (6)  THE DIRECTOR OF HEALTH DETERMINES, BY CLEAR AND         4,022        

CONVINCING EVIDENCE, THAT FAILURE TO COMPLY WITH THE RULE WOULD    4,023        

CREATE AN IMMINENT RISK TO THE HEALTH AND WELFARE OF ANY PATIENT.  4,025        

      (C)  IF DIVISION (B)(4) OR (5) OF THIS SECTION APPLIES, ANY  4,029        

ALTERATION, UPGRADE, OR OTHER IMPROVEMENT REQUIRED SHALL APPLY     4,030        

ONLY TO THE PROPOSED ADDITION TO THE EXISTING SERVICE IF THE COST  4,031        

OF THE ADDITION IS LESS THAN THE CAPITAL EXPENDITURE THRESHOLD     4,032        

SET FORTH IN DIVISION (B)(1) OF THIS SECTION.                      4,033        

      (D)  NO PERSON OR GOVERNMENT ENTITY SHALL DIVIDE OR          4,037        

OTHERWISE SEGMENT A CONSTRUCTION, RENOVATION, OR RECONSTRUCTION    4,038        

PROJECT IN ORDER TO EVADE APPLICATION OF THE CAPITAL EXPENDITURE   4,039        

THRESHOLD SET FORTH IN DIVISION (B)(1) OF THIS SECTION.            4,041        

      Sec. 3901.21.  The following are hereby defined as unfair    4,050        

and deceptive acts or practices in the business of insurance:      4,051        

                                                          86     


                                                                 
      (A)  Making, issuing, circulating, or causing or permitting  4,053        

to be made, issued, or circulated, or preparing with intent to so  4,054        

use, any estimate, illustration, circular, or statement            4,055        

misrepresenting the terms of any policy issued or to be issued or  4,056        

the benefits or advantages promised thereby or the dividends or    4,057        

share of the surplus to be received thereon, or making any false   4,058        

or misleading statements as to the dividends or share of surplus   4,059        

previously paid on similar policies, or making any misleading      4,060        

representation or any misrepresentation as to the financial        4,061        

condition of any insurer as shown by the last preceding verified   4,062        

statement made by it to the insurance department of this state,    4,063        

or as to the legal reserve system upon which any life insurer      4,064        

operates, or using any name or title of any policy or class of     4,065        

policies misrepresenting the true nature thereof, or making any    4,066        

misrepresentation or incomplete comparison to any person for the   4,067        

purpose of inducing or tending to induce such person to purchase,  4,068        

amend, lapse, forfeit, change, or surrender insurance.             4,069        

      Any written statement concerning the premiums for a policy   4,071        

which refers to the net cost after credit for an assumed           4,072        

dividend, without an accurate written statement of the gross       4,073        

premiums, cash values, and dividends based on the insurer's        4,074        

current dividend scale, which are used to compute the net cost     4,075        

for such policy, and a prominent warning that the rate of          4,076        

dividend is not guaranteed, is a misrepresentation for the         4,077        

purposes of this division.                                         4,078        

      (B)  Making, publishing, disseminating, circulating, or      4,080        

placing before the public or causing, directly or indirectly, to   4,081        

be made, published, disseminated, circulated, or placed before     4,082        

the public, in a newspaper, magazine, or other publication, or in  4,083        

the form of a notice, circular, pamphlet, letter, or poster, or    4,084        

over any radio station, or in any other way, or preparing with     4,085        

intent to so use, an advertisement, announcement, or statement     4,086        

containing any assertion, representation, or statement, with       4,087        

respect to the business of insurance or with respect to any        4,088        

                                                          87     


                                                                 
person in the conduct of the person's insurance business, which    4,090        

is untrue, deceptive, or misleading.                               4,091        

      (C)  Making, publishing, disseminating, or circulating,      4,093        

directly or indirectly, or aiding, abetting, or encouraging the    4,094        

making, publishing, disseminating, or circulating, or preparing    4,095        

with intent to so use, any statement, pamphlet, circular,          4,096        

article, or literature, which is false as to the financial         4,097        

condition of an insurer and which is calculated to injure any      4,098        

person engaged in the business of insurance.                       4,099        

      (D)  Filing with any supervisory or other public official,   4,101        

or making, publishing, disseminating, circulating, or delivering   4,102        

to any person, or placing before the public, or causing directly   4,103        

or indirectly to be made, published, disseminated, circulated,     4,104        

delivered to any person, or placed before the public, any false    4,105        

statement of financial condition of an insurer.                    4,106        

      Making any false entry in any book, report, or statement of  4,108        

any insurer with intent to deceive any agent or examiner lawfully  4,109        

appointed to examine into its condition or into any of its         4,110        

affairs, or any public official to whom such insurer is required   4,111        

by law to report, or who has authority by law to examine into its  4,112        

condition or into any of its affairs, or, with like intent,        4,113        

willfully omitting to make a true entry of any material fact       4,114        

pertaining to the business of such insurer in any book, report,    4,115        

or statement of such insurer, or mutilating, destroying,           4,116        

suppressing, withholding, or concealing any of its records.        4,117        

      (E)  Issuing or delivering or permitting agents, officers,   4,119        

or employees to issue or deliver agency company stock or other     4,120        

capital stock or benefit certificates or shares in any common-law  4,121        

corporation or securities or any special or advisory board         4,122        

contracts or other contracts of any kind promising returns and     4,123        

profits as an inducement to insurance.                             4,124        

      (F)  Making or permitting any unfair discrimination among    4,126        

individuals of the same class and equal expectation of life in     4,127        

the rates charged for any contract of life insurance or of life    4,128        

                                                          88     


                                                                 
annuity or in the dividends or other benefits payable thereon, or  4,129        

in any other of the terms and conditions of such contract.         4,130        

      (G)(1)  Except as otherwise expressly provided by law,       4,132        

knowingly permitting or offering to make or making any contract    4,133        

of life insurance, life annuity or accident and health insurance,  4,134        

or agreement as to such contract other than as plainly expressed   4,135        

in the contract issued thereon, or paying or allowing, or giving   4,136        

or offering to pay, allow, or give, directly or indirectly, as     4,137        

inducement to such insurance, or annuity, any rebate of premiums   4,138        

payable on the contract, or any special favor or advantage in the  4,139        

dividends or other benefits thereon, or any valuable               4,140        

consideration or inducement whatever not specified in the          4,141        

contract; or giving, or selling, or purchasing, or offering to     4,142        

give, sell, or purchase, as inducement to such insurance or        4,143        

annuity or in connection therewith, any stocks, bonds, or other    4,144        

securities, or other obligations of any insurance company or       4,145        

other corporation, association, or partnership, or any dividends   4,146        

or profits accrued thereon, or anything of value whatsoever not    4,147        

specified in the contract.                                         4,148        

      (2)  Nothing in division (F) or division (G)(1) of this      4,150        

section shall be construed as prohibiting any of the following     4,151        

practices:  (a) in the case of any contract of life insurance or   4,152        

life annuity, paying bonuses to policyholders or otherwise         4,153        

abating their premiums in whole or in part out of surplus          4,154        

accumulated from nonparticipating insurance, provided that any     4,155        

such bonuses or abatement of premiums shall be fair and equitable  4,156        

to policyholders and for the best interests of the company and     4,157        

its policyholders; (b) in the case of life insurance policies      4,158        

issued on the industrial debit plan, making allowance to           4,159        

policyholders who have continuously for a specified period made    4,160        

premium payments directly to an office of the insurer in an        4,161        

amount which fairly represents the saving in collection expenses;  4,162        

(c) readjustment of the rate of premium for a group insurance      4,163        

policy based on the loss or expense experience thereunder, at the  4,164        

                                                          89     


                                                                 
end of the first or any subsequent policy year of insurance        4,165        

thereunder, which may be made retroactive only for such policy     4,166        

year.                                                              4,167        

      (H)  Making, issuing, circulating, or causing or permitting  4,169        

to be made, issued, or circulated, or preparing with intent to so  4,170        

use, any statement to the effect that a policy of life insurance   4,171        

is, is the equivalent of, or represents shares of capital stock    4,172        

or any rights or options to subscribe for or otherwise acquire     4,173        

any such shares in the life insurance company issuing that policy  4,174        

or any other company.                                              4,175        

      (I)  Making, issuing, circulating, or causing or permitting  4,177        

to be made, issued or circulated, or preparing with intent to so   4,178        

issue, any statement to the effect that payments to a              4,179        

policyholder of the principal amounts of a pure endowment are      4,180        

other than payments of a specific benefit for which specific       4,181        

premiums have been paid.                                           4,182        

      (J)  Making, issuing, circulating, or causing or permitting  4,184        

to be made, issued, or circulated, or preparing with intent to so  4,185        

use, any statement to the effect that any insurance company was    4,186        

required to change a policy form or related material to comply     4,187        

with Title XXXIX of the Revised Code or any regulation of the      4,188        

superintendent of insurance, for the purpose of inducing or        4,189        

intending to induce any policyholder or prospective policyholder   4,190        

to purchase, amend, lapse, forfeit, change, or surrender           4,191        

insurance.                                                         4,192        

      (K)  Aiding or abetting another to violate this section.     4,194        

      (L)  Refusing to issue any policy of insurance, or           4,196        

canceling or declining to renew such policy because of the sex or  4,197        

marital status of the applicant, prospective insured, insured, or  4,198        

policyholder.                                                      4,199        

      (M)  Making or permitting any unfair discrimination between  4,201        

individuals of the same class and of essentially the same hazard   4,202        

in the amount of premium, policy fees, or rates charged for any    4,203        

policy or contract of insurance, other than life insurance, or in  4,204        

                                                          90     


                                                                 
the benefits payable thereunder, or in underwriting standards and  4,205        

practices or eligibility requirements, or in any of the terms or   4,206        

conditions of such contract, or in any other manner whatever.      4,207        

      (N)  Refusing to make available disability income insurance  4,209        

solely because the applicant's principal occupation is that of     4,210        

managing a household.                                              4,211        

      (O)  Refusing, when offering maternity benefits under any    4,213        

individual or group sickness and accident insurance policy, to     4,214        

make maternity benefits available to the policyholder for the      4,215        

individual or individuals to be covered under any comparable       4,216        

policy to be issued for delivery in this state, including family   4,217        

members if the policy otherwise provides coverage for family       4,218        

members.  Nothing in this division shall be construed to prohibit  4,219        

an insurer from imposing a reasonable waiting period for such      4,220        

benefits under an individual sickness and accident insurance       4,222        

policy ISSUED TO AN INDIVIDUAL WHO IS NOT A FEDERALLY ELIGIBLE     4,223        

INDIVIDUAL OR A NONEMPLOYER-RELATED GROUP SICKNESS AND ACCIDENT    4,224        

INSURANCE POLICY, but in no event shall such waiting period        4,226        

exceed two hundred seventy days.                                                

      FOR PURPOSES OF DIVISION (O) OF THIS SECTION, "FEDERALLY     4,229        

ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN    4,230        

45 C.F.R. 148.103.                                                 4,233        

      (P)  Using, or permitting to be used, a pattern settlement   4,235        

as the basis of any offer of settlement.  As used in this          4,236        

division, "pattern settlement" means a method by which liability   4,237        

is routinely imputed to a claimant without an investigation of     4,238        

the particular occurrence upon which the claim is based and by     4,239        

using a predetermined formula for the assignment of liability      4,240        

arising out of occurrences of a similar nature.  Nothing in this   4,241        

division shall be construed to prohibit an insurer from            4,242        

determining a claimant's liability by applying formulas or         4,243        

guidelines to the facts and circumstances disclosed by the         4,244        

insurer's investigation of the particular occurrence upon which a  4,245        

claim is based.                                                    4,246        

                                                          91     


                                                                 
      (Q)  Refusing to insure, or refusing to continue to insure,  4,248        

or limiting the amount, extent, or kind of life or sickness and    4,249        

accident insurance or annuity coverage available to an             4,250        

individual, or charging an individual a different rate for the     4,251        

same coverage solely because of blindness or partial blindness.    4,252        

With respect to all other conditions, including the underlying     4,253        

cause of blindness or partial blindness, persons who are blind or  4,254        

partially blind shall be subject to the same standards of sound    4,255        

actuarial principles or actual or reasonably anticipated           4,256        

actuarial experience as are sighted persons.  Refusal to insure    4,257        

includes, but is not limited to, denial by an insurer of           4,258        

disability insurance coverage on the grounds that the policy       4,259        

defines "disability" as being presumed in the event that the       4,260        

eyesight of the insured is lost.  However, an insurer may exclude  4,261        

from coverage disabilities consisting solely of blindness or       4,262        

partial blindness when such conditions existed at the time the     4,263        

policy was issued.  To the extent that the provisions of this      4,264        

division may appear to conflict with any provision of section      4,265        

3999.16 of the Revised Code, this division applies.                4,266        

      (R)(1)  Directly or indirectly offering to sell, selling,    4,268        

or delivering, issuing for delivery, renewing, or using or         4,269        

otherwise marketing any policy of insurance or insurance product   4,270        

in connection with or in any way related to the grant of a         4,271        

student loan guaranteed in whole or in part by an agency or        4,272        

commission of this state or the United States, except insurance    4,273        

that is required under federal or state law as a condition for     4,274        

obtaining such a loan and the premium for which is included in     4,275        

the fees and charges applicable to the loan; or, in the case of    4,276        

an insurer or insurance agent, knowingly permitting any lender     4,277        

making such loans to engage in such acts or practices in           4,278        

connection with the insurer's or agent's insurance business.       4,279        

      (2)  Except in the case of a violation of division (G) of    4,281        

this section, division (R)(1) of this section does not apply to    4,282        

either of the following:                                           4,283        

                                                          92     


                                                                 
      (a)  Acts or practices of an insurer, its agents,            4,285        

representatives, or employees in connection with the grant of a    4,286        

guaranteed student loan to its insured or the insured's spouse or  4,287        

dependent children where such acts or practices take place more    4,288        

than ninety days after the effective date of the insurance;        4,289        

      (b)  Acts or practices of an insurer, its agents,            4,291        

representatives, or employees in connection with the               4,292        

solicitation, processing, or issuance of an insurance policy or    4,293        

product covering the student loan borrower or the borrower's       4,294        

spouse or dependent children, where such acts or practices take    4,296        

place more than one hundred eighty days after the date on which    4,297        

the borrower is notified that the student loan was approved.       4,298        

      (S)  Denying coverage, under any health insurance or health  4,300        

care policy, contract, or plan providing family coverage, to any   4,301        

natural or adopted child of the named insured or subscriber        4,302        

solely on the basis that the child does not reside in the          4,303        

household of the named insured or subscriber.                      4,304        

      (T)(1)  Using any underwriting standard or engaging in any   4,306        

other act or practice that, directly or indirectly, due solely to  4,307        

any health status-related factor in relation to one or more        4,308        

individuals, does either of the following:                                      

      (a)  Terminates or fails to renew an existing individual     4,310        

policy, contract, or plan of health benefits, or a health benefit  4,311        

plan issued to an employer, for which an individual would          4,312        

otherwise be eligible;                                                          

      (b)  With respect to a health benefit plan issued to an      4,314        

employer, excludes or causes the exclusion of an individual from   4,315        

coverage under an existing employer-provided policy, contract, or  4,316        

plan of health benefits.                                                        

      (2)  The superintendent of insurance may adopt rules in      4,318        

accordance with Chapter 119. of the Revised Code for purposes of   4,319        

implementing division (T)(1) of this section.                      4,320        

      (3)  For purposes of division (T)(1) of this section,        4,323        

"health status-related factor" means any of the following:         4,324        

                                                          93     


                                                                 
      (a)  Health status;                                          4,326        

      (b)  Medical condition, including both physical and mental   4,329        

illnesses;                                                                      

      (c)  Claims experience;                                      4,331        

      (d)  Receipt of health care;                                 4,333        

      (e)  Medical history;                                        4,335        

      (f)  Genetic information;                                    4,337        

      (g)  Evidence of insurability, including conditions arising  4,340        

out of acts of domestic violence;                                               

      (h)  Disability.                                             4,342        

      (U)  With respect to a health benefit plan issued to a       4,344        

small employer, as those terms are defined in section 3924.01 of   4,345        

the Revised Code, negligently or willfully placing coverage for    4,346        

adverse risks with a certain carrier, as defined in section        4,347        

3924.01 of the Revised Code.                                                    

      (V)  Using any program, scheme, device, or other unfair act  4,349        

or practice that, directly or indirectly, causes or results in     4,350        

the placing of coverage for adverse risks with another carrier,    4,351        

as defined in section 3924.01 of the Revised Code.                 4,352        

      (W)  Failing to comply with section 3923.23, 3923.231,       4,354        

3923.232, 3923.233, or 3923.234 of the Revised Code by engaging    4,355        

in any unfair, discriminatory reimbursement practice.              4,356        

      (X)  Intentionally establishing an unfair premium for, or    4,358        

misrepresenting the cost of, any insurance policy financed under   4,359        

a premium finance agreement of an insurance premium finance        4,360        

company.                                                           4,361        

      (Y)(1)(a)  Limiting coverage under, refusing to issue,       4,363        

canceling, or refusing to renew, any individual policy or          4,364        

contract of life insurance, or limiting coverage under or          4,365        

refusing to issue any individual policy or contract of health      4,366        

insurance, for the reason that the insured or applicant for        4,367        

insurance is or has been a victim of domestic violence;            4,368        

      (b)  Adding a surcharge or rating factor to a premium of     4,370        

any individual policy or contract of life or health insurance for  4,371        

                                                          94     


                                                                 
the reason that the insured or applicant for insurance is or has   4,372        

been a victim of domestic violence;                                4,373        

      (c)  Denying coverage under, or limiting coverage under,     4,375        

any policy or contract of life or health insurance, for the        4,376        

reason that a claim under the policy or contract arises from an    4,377        

incident of domestic violence;                                                  

      (d)  Inquiring, directly or indirectly, of an insured        4,379        

under, or of an applicant for, a policy or contract of life or     4,380        

health insurance, as to whether the insured or applicant is or     4,381        

has been a victim of domestic violence, or inquiring as to         4,382        

whether the insured or applicant has sought shelter or protection  4,383        

from domestic violence or has sought medical or psychological                   

treatment as a victim of domestic violence.                        4,384        

      (2)  Nothing in division (Y)(1) of this section shall be     4,386        

construed to prohibit an insurer from inquiring as to, or from     4,387        

underwriting or rating a risk on the basis of, a person's          4,388        

physical or mental condition, even if the condition has been       4,389        

caused by domestic violence, provided that all of the following    4,390        

apply:                                                                          

      (a)  The insurer routinely considers the condition in        4,392        

underwriting or in rating risks, and does so in the same manner    4,393        

for a victim of domestic violence as for an insured or applicant   4,394        

who is not a victim of domestic violence;                          4,395        

      (b)  The insurer does not refuse to issue any policy or      4,397        

contract of life or health insurance or cancel or refuse to renew  4,399        

any policy or contract of life insurance, solely on the basis of                

the condition, except where such refusal to issue, cancellation,   4,400        

or refusal to renew is based on sound actuarial principles or is   4,401        

related to actual or reasonably anticipated experience;            4,402        

      (c)  The insurer does not consider a person's status as      4,404        

being or as having been a victim of domestic violence, in itself,  4,405        

to be a physical or mental condition;                              4,406        

      (d)  The underwriting or rating of a risk on the basis of    4,408        

the condition is not used to evade the intent of division (Y)(1)   4,410        

                                                          95     


                                                                 
of this section, or of any other provision of the Revised Code.    4,412        

      (3)(a)  Nothing in division (Y)(1) of this section shall be  4,415        

construed to prohibit an insurer from refusing to issue a policy   4,416        

or contract of life insurance insuring the life of a person who    4,417        

is or has been a victim of domestic violence if the person who     4,418        

committed the act of domestic violence is the applicant for the    4,419        

insurance or would be the owner of the insurance policy or         4,420        

contract.                                                                       

      (b)  Nothing in division (Y)(2) of this section shall be     4,423        

construed to permit an insurer to cancel or refuse to renew any    4,424        

policy or contract of health insurance in violation of the         4,425        

"Health Insurance Portability and Accountability Act of 1996,"     4,426        

110 Stat. 1955, 42 U.S.C.A. 300gg-41(b), as amended, or in a       4,428        

manner that violates or is inconsistent with any provision of the  4,429        

Revised Code that implements the "Health Insurance Portability     4,431        

and Accountability Act of 1996."                                   4,432        

      (4)  An insurer is immune from any civil or criminal         4,435        

liability that otherwise might be incurred or imposed as a result               

of any action taken by the insurer to comply with division (Y) of  4,437        

this section.                                                                   

      (5)  As used in division (Y) of this section, "domestic      4,440        

violence" means any of the following acts:                         4,441        

      (a)  Knowingly causing or attempting to cause physical harm  4,443        

to a family or household member;                                   4,445        

      (b)  Recklessly causing serious physical harm to a family    4,447        

or household member;                                               4,449        

      (c)  Knowingly causing, by threat of force, a family or      4,451        

household member to believe that the person will cause imminent    4,452        

physical harm to the family or household member.                   4,453        

      For the purpose of division (Y)(5) of this section, "family  4,457        

or household member" has the same meaning as in section 2919.25                 

of the Revised Code.                                               4,458        

      Nothing in division (Y)(5) of this section shall be          4,461        

construed to require, as a condition to the application of         4,462        

                                                          96     


                                                                 
division (Y) of this section, that the act described in division   4,464        

(Y)(5) of this section be the basis of a criminal prosecution.     4,466        

      With respect to private passenger automobile insurance, no   4,468        

insurer shall charge different premium rates to persons residing   4,469        

within the limits of any municipal corporation based solely on     4,470        

the location of the residence of the insured within those limits.  4,471        

      The enumeration in sections 3901.19 to 3901.26 of the        4,473        

Revised Code of specific unfair or deceptive acts or practices in  4,474        

the business of insurance is not exclusive or restrictive or       4,475        

intended to limit the powers of the superintendent of insurance    4,476        

to adopt rules to implement this section, or to take action under  4,477        

other sections of the Revised Code.                                4,478        

      This section does not prohibit the sale of shares of any     4,480        

investment company registered under the "Investment Company Act    4,481        

of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any      4,482        

policies, annuities, or other contracts described in section       4,483        

3907.15 of the Revised Code.                                       4,484        

      As used in this section, "estimate," "statement,"            4,486        

"representation," "misrepresentation," "advertisement," or         4,487        

"announcement" includes oral or written occurrences.               4,488        

      Sec. 3901.38.  (A)  As used in this section and section      4,497        

3901.381 of the Revised Code:                                      4,498        

      (1)  "Beneficiary" means any policyholder, subscriber,       4,500        

member, employee, or other person who is eligible for benefits     4,501        

under a benefits contract.                                         4,502        

      (2)  "Benefits contract" means a sickness and accident       4,504        

insurance policy providing hospital, surgical, or medical expense  4,505        

coverage, or a health insuring corporation contract or other       4,508        

policy or agreement under which a third-party payer agrees to      4,509        

reimburse for covered health care or dental services rendered to   4,510        

beneficiaries, up to the limits and exclusions contained in the    4,511        

benefits contract.                                                              

      (3)  "Completed claim" means a proof of loss or a claim for  4,513        

payment for health care services which has been submitted to the   4,514        

                                                          97     


                                                                 
appropriate claims processing office of the third-party payer      4,515        

accompanied by sufficient documentation for the third-party payer  4,516        

to determine proof of loss and reasonably required by the          4,517        

third-party payer to accept or reject the claim.                   4,518        

      (4)  "Hospital" has the same meaning set forth in section    4,520        

3727.01 of the Revised Code.                                       4,521        

      (5)  "Proof of loss" means a claim for payment for health    4,523        

care services which has been submitted to the appropriate claims   4,524        

processing office of the third-party payer accompanied by          4,525        

sufficient documentation for the third-party payer to determine    4,526        

benefits payable under the benefits contract and reasonably        4,527        

required by the third-party payer to accept or reject the claim.   4,528        

      (6)  "Provider" means a hospital, nursing home, physician,   4,530        

podiatrist, dentist, pharmacist, chiropractor, or other licensed   4,531        

health care provider entitled to reimbursement by a third-party    4,532        

payer for services rendered to a beneficiary under a benefits      4,533        

contract.                                                          4,534        

      (7)  "Reimburse" means indemnify, make payment, or           4,536        

otherwise accept responsibility for payment for health care        4,537        

services rendered to a beneficiary, or arrange for the provision   4,538        

of health care services to a beneficiary.                          4,539        

      (8)  "Third-party payer" means any of the following:         4,541        

      (a)  An insurance company;                                   4,543        

      (b)  A health insuring corporation;                          4,545        

      (c)  A preferred provider organization;                      4,547        

      (d)  A labor organization;                                   4,549        

      (e)(d)  An employer;                                         4,551        

      (f)(e)  An intermediary organization, as defined in section  4,554        

1751.01 of the Revised Code, that is not a health delivery         4,556        

network contracting solely with self-insured employers;                         

      (g)(f)  An administrator subject to sections 3959.01 to      4,558        

3959.16 of the Revised Code;                                       4,559        

      (h)(g)  A health delivery network, as defined in section     4,561        

1751.01 of the Revised Code;                                       4,563        

                                                          98     


                                                                 
      (i)(h)  Any other person that is obligated pursuant to a     4,565        

benefits contract to reimburse for covered health care services    4,566        

rendered to beneficiaries under such contract.                     4,567        

      (B)(1)  Except as provided in division (B)(2) of this        4,569        

section and in section 3901.381 of the Revised Code, within        4,571        

twenty-four days of the receipt of a completed claim from a        4,572        

provider or a beneficiary for reimbursement for health care        4,573        

services rendered by the provider to a beneficiary, a third-party  4,574        

payer shall, in accordance with division (D) of this section,      4,575        

make payment of any amount due on such claim.                                   

      (2)  A third-party payer and a provider may, in negotiating  4,577        

a reimbursement contract, agree to any time period by which a      4,578        

third-party payer shall, subject to division (D) of this section,  4,579        

make payment of any amount due on a completed claim.  Nothing in   4,580        

this division shall be construed as limiting in any manner the     4,581        

application of the requirements of this section to any benefits    4,582        

or reimbursement contract.                                         4,583        

      (3)  Any provider or beneficiary aggrieved with respect to   4,585        

any act of a third-party payer that such provider or beneficiary   4,586        

believes to be a violation of division (B)(1) or (2) of this       4,587        

section may file a written complaint with the superintendent of    4,588        

insurance.  If a series of such complaints is received by the      4,589        

superintendent with respect to a particular third-party payer and  4,590        

if, after investigation, the superintendent finds that such        4,591        

third-party payer has engaged in a series of such violations       4,592        

which, taken together, constitute a consistent pattern or a        4,593        

practice of such third-party payer to violate division (B)(1) or   4,594        

(2) of this section, the superintendent shall issue an order       4,595        

requiring such third-party payer to cease and desist from          4,596        

engaging in such violations and to pay a late payment penalty as   4,597        

specified in divisions (B)(4) and (5) of this section with         4,598        

respect to the claims the superintendent finds were not timely     4,599        

paid.  In the order, the superintendent shall specify the reasons  4,600        

for the superintendent's finding and order and state that a        4,601        

                                                          99     


                                                                 
hearing conducted pursuant to Chapter 119. of the Revised Code     4,603        

shall be held within fifteen days after requested in writing by    4,604        

the third-party payer.  The provisions of this division (B)(3) of  4,605        

this section are in addition to, and not in lieu of, such other    4,606        

remedies as providers and beneficiaries may otherwise have by      4,607        

law.                                                                            

      (4)(a)  The late payment penalty shall be computed based     4,609        

upon the number of days that have elapsed between the date         4,610        

payment is due in accordance with division (B)(1) or (2) of this   4,611        

section and the date payment is actually sent.                     4,612        

      (b)  The interest rate for determining the amount of the     4,614        

late payment penalty shall be the rate agreed to by the provider   4,615        

and the third-party payer or the rate specified by and determined  4,616        

in accordance with division (A) of section 1343.01 of the Revised  4,617        

Code.                                                              4,618        

      (5)  A provider and a third-party payer may enter into a     4,620        

contractual agreement in which the timing of payments by the       4,621        

third-party payer is not directly related to the receipt of a      4,622        

completed claim.  Such contractual arrangement may include         4,623        

periodic interim payment arrangements, capitation payment          4,624        

arrangements, or other payment arrangements acceptable to the      4,625        

provider and the third-party payer.  Except as agreed to under     4,626        

such contract, this section does not apply to such payment         4,627        

arrangements.                                                      4,628        

      (6)  Any late payment penalty due and payable by a           4,630        

third-party payer in accordance with this section shall not be     4,631        

used to reduce benefits or payments otherwise payable under a      4,632        

benefits contract.                                                 4,633        

      (C)  No third-party payer shall refuse to process or pay     4,635        

within the time period required under division (B)(1) or (2) of    4,636        

this section a completed claim submitted by a provider on the      4,637        

ground the beneficiary has not been discharged from the hospital   4,638        

or the treatment has not been completed, if the submitted claim    4,639        

covers services actually rendered and charges actually incurred    4,640        

                                                          100    


                                                                 
over at least a thirty-day period.                                 4,641        

      (D)(1)  Notwithstanding section 1742.10 1751.13 or division  4,644        

(I)(2) of section 3923.04 of the Revised Code, a reimbursement     4,645        

contract entered into or renewed on or after June 29, 1988,        4,646        

between a third-party payer and a hospital shall provide that      4,647        

reimbursement for any service provided by a hospital pursuant to   4,648        

a reimbursement contract and covered under a benefits contract     4,649        

shall be made directly to the hospital.                            4,650        

      (2)  If the third-party payer and the hospital have not      4,652        

entered into a contract regarding the provision and reimbursement  4,653        

for covered services, the third-party payer shall accept and       4,654        

honor a completed and validly executed assignment of benefits      4,655        

with a hospital by a beneficiary, except when the third-party      4,656        

payer has notified the hospital in writing of the conditions       4,657        

under which the third-party payer will not accept and honor an     4,658        

assignment of benefits.  Such notice shall be made annually.       4,659        

      (3)  A third-party payer may not refuse to accept and honor  4,661        

a validly executed assignment of benefits with a hospital          4,662        

pursuant to division (D)(2) of this section for medically          4,663        

necessary hospital services provided on an emergency basis.        4,664        

      (E)  A series of violations which taken together,            4,666        

constitute a consistent pattern or a practice of violation of any  4,667        

of the provisions of this section is an unfair and deceptive act   4,668        

pursuant to sections 3901.19 to 3901.23 of the Revised Code and    4,669        

is subject to proceedings pursuant to those sections.              4,670        

      Sec. 3917.01.  (A)  Group life insurance is that form of     4,679        

life insurance covering not less than ten employees with or        4,680        

without medical examination, written under a policy issued to the  4,681        

employer, or to a trustee of a trust created by such employer,     4,682        

the premium on which is to be paid by the employer, by the         4,683        

employer and employees jointly, or by such trustee out of funds    4,684        

contributed by the employer or by the employer and employees       4,685        

jointly, and insuring only all of the employer's employees or all  4,687        

of any classes thereof, determined by sex, age, or conditions      4,688        

                                                          101    


                                                                 
pertaining to the employment, for amounts of insurance based upon  4,689        

some plan which will preclude individual selection, for the        4,690        

benefit of persons other than the employer; but when the premium   4,691        

is to be paid by the employer and employee jointly and the         4,692        

benefits of the policy are offered to all eligible employees, not  4,693        

less than seventy-five per cent of such employees may be so        4,694        

insured.  Such group policy may provide that "employees" includes  4,695        

retired employees of the employer and the officers, managers,      4,696        

employees, and retired employees of subsidiary or affiliated       4,697        

corporations and the individual proprietors, partners, employees,  4,698        

and retired employees of affiliated individuals and firms, when    4,699        

the business of such subsidiary or affiliated corporations,        4,700        

firms, or individuals is controlled by the common employer         4,701        

through stock ownership, contract, or otherwise.  This section     4,702        

does not define as a group the lives covered by a policy issued    4,703        

on more than one life which provides for payments upon the death   4,704        

of any one or more or upon the death of each of the lives so       4,705        

insured, and upon which the premium rates charged are computed on  4,706        

the same basis as used by the issuing company on single life       4,707        

policies and upon its regular forms of insurance.                  4,708        

      (B)  As used in sections 3917.01 to 3917.06 of the Revised   4,710        

Code, the following forms of life insurance are group life         4,711        

insurance:                                                         4,712        

      (1)  Life insurance covering the members of one or more      4,714        

companies, batteries, troops, battalions, divisions, or other      4,715        

units of the national guard or naval militia of any state,         4,716        

written under a policy issued to the commanding general of the     4,717        

national guard or commanding officer of the naval militia, who is  4,718        

the employer for the purposes of such sections, the premium on     4,719        

which is to be paid by the members of such units for the benefit   4,720        

of persons other than the employer; provided that when the         4,721        

benefits of the policy are offered to all eligible members of a    4,722        

unit of the national guard or naval militia, not less than         4,723        

seventy-five per cent of the members of such a unit may be         4,724        

                                                          102    


                                                                 
insured;                                                           4,725        

      (2)  Life insurance covering the members of one or more      4,727        

troops or other units of the state troopers or state police of     4,728        

any state, written under a policy issued to the commanding         4,729        

officer of the state troopers or state police who is the employer  4,730        

for the purposes of such sections, the premium on which is to be   4,731        

paid by the members of such units for the benefit of persons       4,732        

other than the employer; provided that when the benefits of the    4,733        

policy are offered to all eligible members of a unit of the state  4,734        

troopers or state police, not less than seventy-five per cent of   4,735        

the members of such a unit may be insured;                         4,736        

      (3)  Life insurance covering the members of any labor        4,738        

union, written under a policy issued to such union which is the    4,739        

employer for the purposes of such sections, the premium on which   4,740        

is to be paid by the union or by the union and its members         4,741        

jointly, and insuring only all of its members, who are actively    4,742        

engaged in the same occupation, for amounts of insurance based     4,743        

upon some plan which will preclude individual selection, for the   4,744        

benefit of persons other than the union or its officials;          4,745        

provided that in case the insurance policy is cancellable at the   4,746        

end of any policy year at the option of the insurance company and  4,747        

that the basis of premium rates may be changed by the insurance    4,748        

company at the beginning of any policy year, all members of a      4,749        

labor union may be insured; and provided that when the premium is  4,750        

to be paid by the union and its members jointly and the benefits   4,751        

are offered to all eligible members, not less than seventy-five    4,752        

per cent of such members may be insured; and provided that when    4,753        

members apply and pay for additional amounts of insurance, a       4,754        

smaller percentage of members may be insured for such additional   4,755        

amounts if they pass satisfactory medical examinations or submit   4,756        

satisfactory evidence of insurability;                             4,757        

      (4)  Life insurance written under a policy issued to a       4,759        

creditor, who shall be deemed the policyholder, to insure debtors  4,760        

of the creditor, subject to the following requirements:            4,761        

                                                          103    


                                                                 
      (a)  The debtors eligible for insurance under the policy     4,763        

shall be all of the debtors of the creditor, excepting that no     4,764        

debtor is eligible unless the indebtedness constitutes an          4,767        

obligation to repay that is binding upon the debtor during the     4,768        

debtor's lifetime at and from the date the insurance becomes       4,769        

effective upon the debtor's life.  The policy may provide that     4,770        

"debtors" includes the debtors of one or more subsidiary           4,771        

corporations and the debtors of one or more affiliated             4,772        

corporations, proprietors, or partnerships if the business of the  4,773        

policyholder and of such affiliated corporations, proprietors, or  4,774        

partnerships is under common control through stock ownership,      4,775        

contract, or otherwise.                                            4,776        

      (b)  The premium for the policy shall be paid by the         4,778        

policyholder, either from the creditor's funds, or from charges    4,779        

collected from the insured debtors, or from both.  A policy on     4,780        

which part or all of the premium is to be derived from the         4,781        

collection from the insured debtors of identifiable charges not    4,782        

required of uninsured debtors shall not include debtors under      4,783        

obligations outstanding at its date of issue without evidence of   4,784        

individual insurability unless at least seventy-five per cent of   4,785        

the then eligible debtors elect to pay the required charges.  A    4,786        

policy on which no part of the premium is to be derived from the   4,787        

collection of such identifiable charges must insure all eligible   4,788        

debtors, or all except any as to whom evidence of individual       4,789        

insurability is not satisfactory to the insurer.                   4,790        

      (c)  The policy may be issued only if the group of eligible  4,792        

debtors is then receiving new entrants at the rate of at least     4,793        

one hundred persons yearly, or may reasonably be expected to       4,794        

receive at least one hundred new entrants during the first policy  4,795        

year, and continues to receive not less than one hundred new       4,796        

entrants to the group yearly, and only if the policy reserves to   4,797        

the insurer the right to require evidence of individual            4,798        

insurability if less than seventy-five per cent of the new         4,799        

entrants become insured.  The policy may exclude from the classes  4,800        

                                                          104    


                                                                 
eligible for insurance classes of debtors determined by age.       4,801        

      (d)  The amount of insurance on the life of any debtor may   4,803        

be determined by the age of the debtor based upon a plan which     4,804        

will preclude individual selection and shall at no time exceed     4,805        

the amount owed by the debtor that is repayable in installments    4,807        

to the creditor.                                                                

      (e)  The insurance shall be payable to the policyholder.     4,809        

Such payment shall reduce or extinguish the unpaid indebtedness    4,810        

of the debtor to the extent of such payment.                       4,811        

      (5)  Life insurance covering the members of any duly         4,813        

organized corporation or association of veterans or veteran        4,814        

society or association of the World War veterans, written under a  4,815        

policy issued to such corporation, association, or society which   4,816        

is the employer for the purpose of such sections, the premium on   4,817        

which is to be paid by the corporation, association, society, and  4,818        

its members jointly, and insuring all of its members who are       4,819        

actively engaged in any occupation for amounts of insurance based  4,820        

upon some plan which will preclude individual selection for the    4,821        

benefit of persons other than the corporation, association, or     4,822        

society or its officials; provided that when the premium is to be  4,823        

paid by the corporation, association, or society and its members   4,824        

jointly and the benefits are offered to all eligible members, not  4,825        

less than seventy-five per cent of such members may be insured;    4,826        

and provided that when members apply and pay for additional        4,827        

amounts of insurance, a smaller percentage of members may be       4,828        

insured for such additional amounts if they pass satisfactory      4,829        

medical examinations or submit satisfactory evidence of            4,830        

insurability;                                                      4,831        

      (6)  Life insurance covering the members of any              4,833        

organization of agriculturists or horticulturists organized under  4,834        

the co-operative laws of this state, written under a policy        4,835        

issued to such co-operative association which is the employer for  4,836        

the purpose of such sections, the premium on which is to be paid   4,837        

by the association or by the association and its members jointly,  4,838        

                                                          105    


                                                                 
and insuring all of its members who are actively engaged in        4,839        

agricultural or horticultural pursuits, for an amount of           4,840        

insurance based upon some plan which will preclude individual      4,841        

selection, and for the benefit of persons other than the           4,842        

association or its officials; provided that when the premium is    4,843        

to be paid by the corporation, association, or society and its     4,844        

members jointly and the benefits are offered to all eligible       4,845        

members, not less than seventy-five per cent of such members may   4,846        

be insured; provided that when members apply and pay for           4,847        

additional amounts of insurance, a smaller percentage of members   4,848        

may be insured for such additional amounts if they pass            4,849        

satisfactory medical examinations or submit satisfactory evidence  4,850        

of insurability;                                                   4,851        

      (7)  Life insurance covering employees of a political        4,853        

subdivision or district of this state, or of an educational or     4,854        

other institution supported in whole or in part by public funds,   4,855        

or of any classes thereof, determined by conditions pertaining to  4,856        

employment, or of this state or any department or division         4,857        

thereof, written under a policy issued to such political           4,858        

subdivision, district, or institution, or the proper official or   4,859        

board of this state or of such state department or division        4,860        

thereof, which is the employer for the purpose of such sections,   4,861        

the premium on which is to be paid by such employees, unless       4,862        

otherwise provided by law, charter, or ordinance, for the benefit  4,863        

of persons other than the employer; provided that when the         4,864        

benefits of the policy are offered to all eligible employees of a  4,865        

political subdivision or district of the state or of an            4,866        

educational or other institution supported in whole, or in part    4,867        

by public funds, or of this state or a state department or         4,868        

division thereof, not less than seventy-five per cent of such      4,869        

employees may be insured; and provided that when employees apply   4,870        

and pay for additional amounts of insurance, a smaller percentage  4,871        

of employees may be insured for such additional amounts if they    4,872        

pass satisfactory medical examinations or submit satisfactory      4,873        

                                                          106    


                                                                 
evidence of insurability; and provided that upon acquisition by a  4,874        

political subdivision of any privately owned property or           4,875        

enterprise, the employees of which have been covered by a group    4,876        

policy of life or other insurance as employees of such private     4,877        

employer, such political subdivision and insurance company may     4,878        

continue such contract in force upon similar conditions as the     4,879        

last preceding private employer;                                   4,880        

      (8)  Life insurance covering the members, or the members     4,882        

and the employees of members of any duly organized association,    4,883        

other than an association subject to any other provision of this   4,884        

division, written under a policy issued to such association,       4,885        

which association is the employer for the purpose of such          4,886        

sections, the premium on which is to be paid by the insured        4,887        

members or their employees, insuring members and their employees   4,888        

for amounts of insurance based upon some plan which will preclude  4,889        

individual selection except as provided in this section, for the   4,890        

benefit of persons other than the association; provided the        4,891        

association has been in existence for at least two years           4,892        

immediately preceding the purchase of the insurance; provided      4,893        

that there must be at least fifty insured members in any group;    4,894        

and provided that the association has been organized and is        4,895        

maintained in good faith for purposes other than that of           4,896        

obtaining insurance;                                               4,897        

      (9)  Life insurance issued to trustees of a trust fund       4,899        

established jointly by one or more employers in the same           4,900        

industry, on the one hand, and one or more labor unions            4,901        

representing as bargaining agents employees of such employers, on  4,902        

the other hand, or by two or more employers in the same industry,  4,903        

or by two or more labor unions, which trustees shall be deemed     4,904        

the policyholder to insure employees of the employers or members   4,905        

of unions for the benefit of persons other than the employers or   4,906        

the unions or the trustees, subject to the following               4,907        

requirements:                                                      4,908        

      (a)  The persons eligible for such insurance shall be all    4,910        

                                                          107    


                                                                 
of the employees of the employers, or all of the members of the    4,911        

unions, or all of any class of such employees determined by sex,   4,912        

age, or conditions pertaining to their employment, or to           4,913        

membership in the unions, or to any or all of them.  The policy    4,914        

may provide that "employees" includes the retired employees of     4,915        

the employer and the officers, managers, employees, and retired    4,916        

employees of subsidiary or affiliated corporations and the         4,917        

individual proprietors, partners, employees, and retired           4,918        

employees of affiliated individuals and firms, when the business   4,919        

of such subsidiary or affiliated corporations, firms, or           4,920        

individuals is controlled by the common employer through stock     4,921        

ownership, contract, or otherwise.  The policy may provide that    4,922        

"employees" includes the individual proprietor or partners if the  4,923        

employer is an individual proprietor or a partnership. The policy  4,924        

may provide that "employees" includes the trustees or their        4,925        

employees, or both, if their duties are principally connected      4,926        

with such trusteeship.                                             4,927        

      (b)  The premium for the policy shall be paid by the         4,929        

trustees, either wholly from funds contributed by the employers    4,930        

of the insured persons, or partly from such funds and partly from  4,931        

funds contributed by the insured employees.  If part of the        4,932        

premium is to be derived from funds contributed by the insured     4,933        

employees, then such policy may be placed in force only if it      4,934        

covers at least seventy-five per cent of the then eligible         4,935        

employees.  A policy on which no part of the premium is derived    4,936        

from funds contributed by the insured employees must insure all    4,937        

eligible employees.                                                4,938        

      (c)  Any policy must insure at least ten persons at date of  4,940        

issue.                                                             4,941        

      (d)  The amounts of insurance under the policy must be       4,943        

based upon some plan precluding individual selection by the        4,944        

insured persons or the policyholder or the employers or the        4,945        

unions or the trustees.                                            4,946        

      (10)  Life insurance covering the members of a credit        4,948        

                                                          108    


                                                                 
union, which shall be deemed to be the employer for the purposes   4,949        

of this section, the premium on which is to be paid by the credit  4,950        

union or by the credit union and its members jointly, and          4,951        

insuring all of its eligible members for amounts of insurance not  4,952        

in excess of the share balance as to each member, and for the      4,953        

benefit of persons other than the credit union or its officers;    4,954        

provided that in the determination of the eligibility of members   4,955        

there may be classifications and limitations based upon age;       4,956        

provided also that when the premium is to be paid by the credit    4,957        

union and its members jointly and the benefits are offered to all  4,958        

eligible members, not less than seventy-five per cent of such      4,959        

members may be so insured; provided also that in obtaining such    4,960        

insurance, the officers of the credit union shall consider         4,961        

proposals from any licensed insurer; provided also that members    4,962        

may be required to provide evidence of insurability satisfactory   4,963        

to the insurer.                                                    4,964        

      (11)  Life insurance covering the members of any duly        4,966        

organized corporation or association of members of the Ohio        4,967        

national guard, the Ohio naval militia, and the Ohio military      4,968        

reserve, which shall have been in existence for at least two       4,969        

years immediately preceding the purchase of such insurance,        4,970        

written under a policy issued to such corporation or association,  4,971        

which corporation or association is the employer for the purpose   4,972        

of such sections, the premium on which is to be paid by the        4,973        

insured members, insuring members for amounts of insurance based   4,974        

upon some plan which will preclude individual selection, except    4,975        

as provided in this section, for the benefit of persons other      4,976        

than the corporation or association, provided that there must be   4,977        

at least fifty insured members in any group, and provided further  4,978        

that unless seventy-five per cent of all members or one thousand   4,979        

members, whichever is the lesser number, are insured, each member  4,980        

must pass a satisfactory medical examination in order to be        4,981        

insured; and provided that, when members apply and pay for         4,982        

additional amounts of insurance, they may be insured for such      4,983        

                                                          109    


                                                                 
additional amounts if they pass satisfactory medical examinations  4,984        

or submit satisfactory evidence of insurability.                   4,985        

      (12)  LIFE INSURANCE THAT IS WRITTEN UNDER A POLICY ISSUED   4,988        

TO A TRUSTEE UNDER A TRUST ESTABLISHED BY AN INSURER FOR THE       4,989        

PURPOSE OF PROVIDING CONTINUED GROUP LIFE INSURANCE COVERAGE TO    4,990        

THOSE FORMER EMPLOYEES, FORMER MEMBERS, OR FORMER MEMBERS AND THE  4,991        

EMPLOYEES OF SUCH MEMBERS, AND THEIR SPOUSES AND DEPENDENT         4,992        

CHILDREN, PREVIOUSLY COVERED UNDER POLICIES OF GROUP LIFE          4,993        

INSURANCE ISSUED BY THE INSURER TO EMPLOYERS OR TRUSTEES PURSUANT  4,994        

TO DIVISION (A) OF THIS SECTION, TO ASSOCIATIONS PURSUANT TO       4,995        

DIVISION (B)(8) OF THIS SECTION, OR TO TRUSTEES PURSUANT TO        4,996        

DIVISION (B)(9) OF THIS SECTION, AND THAT IS EVIDENCED BY THE      4,998        

ISSUANCE OF A CERTIFICATE OF INSURANCE TO SUCH FORMER EMPLOYEES    4,999        

OR MEMBERS; PROVIDED THAT THE AMOUNT OF THE CONTINUED LIFE         5,000        

INSURANCE COVERAGE MADE AVAILABLE TO A FORMER EMPLOYEE OR MEMBER   5,001        

AND TO THE EMPLOYEE'S OR MEMBER'S SPOUSE AND DEPENDENTS SHALL NOT  5,002        

EXCEED THE AMOUNT OF THE GROUP LIFE INSURANCE COVERAGE PREVIOUSLY  5,003        

PROVIDED TO THE EMPLOYEE OR MEMBER AND THE EMPLOYEE'S OR MEMBER'S  5,004        

ELIGIBLE DEPENDENTS AT THE TIME OF THE EMPLOYEE'S SEPARATION FROM  5,007        

EMPLOYMENT OR THE MEMBER'S TERMINATION OF MEMBERSHIP.              5,008        

      (C)  Any policy issued pursuant to this section, except a    5,010        

policy issued to a creditor pursuant to division (B) (4) of this   5,011        

section, may be extended, in the form of group term life           5,012        

insurance only, to insure the spouse and dependent children of an  5,013        

insured employee or member, or any class or classes thereof,       5,014        

subject to the following requirements:                             5,015        

      (1)  The premiums for the group term life insurance shall    5,017        

be paid by the policyholder, either from the employer, union or    5,018        

association funds, or from funds contributed by the employer,      5,019        

union, or association, or from funds contributed by the insured    5,020        

employee or member, or from both.                                  5,021        

      (2)  The amounts of insurance under the policy must be       5,023        

based upon some plan precluding individual selection either by     5,024        

the insured employee or member or by the policyholder, provided    5,025        

                                                          110    


                                                                 
that group term life insurance upon the life of a spouse or        5,026        

dependent child shall not exceed the lesser of (a) ten thousand    5,027        

dollars, or (b) one-half of the amount of insurance on the life    5,028        

of the insured employee or member under the group policy.          5,029        

      (3)  Upon termination of the group term life insurance with  5,031        

respect to the spouse of any insured employee or member by reason  5,032        

of such person's termination of employment or membership or        5,033        

death, the spouse insured pursuant to this section shall have the  5,034        

same conversion rights as to the group term life insurance on the  5,035        

spouse's life as is provided for the insured employee or member.   5,037        

      (4)  Only one certificate need be issued for delivery to an  5,039        

insured employee or member if a statement concerning any           5,040        

dependent's coverage is included in such certificate.              5,041        

      Sec. 3917.06.  No policy of group life insurance shall be    5,050        

issued or delivered in this state until a copy of its form has     5,051        

been filed with the superintendent of insurance and formally       5,052        

approved by him THE SUPERINTENDENT; nor shall such policy be so    5,053        

issued or delivered unless it contains in substance the following  5,054        

provisions:                                                                     

      (A)  A provision that the policyholder is entitled to a      5,056        

grace period of thirty-one days for the payment of any premiums    5,057        

due except the first during which grace period the death benefit   5,058        

coverage shall continue in force, unless the policyholder has      5,059        

given the insurer written notice of discontinuance in advance of   5,060        

the date of discontinuance and in accordance with the terms of     5,061        

the policy; the policy may provide that the policyholder is        5,062        

liable to the insurer for the payment of a pro rata premium for    5,063        

the time the policy was in force during such grace period;         5,064        

      (B)  A provision that the policy is incontestable after two  5,066        

years from its date of issue, except for nonpayment of premiums    5,067        

and except for violation of the conditions of the policy relating  5,068        

to military or naval service in time of war;                       5,069        

      (C)  A provision that the policy and the application         5,071        

submitted in connection therewith constitute the entire contract   5,072        

                                                          111    


                                                                 
between the parties, and that all statements contained in such     5,073        

application are deemed, in the absence of fraud, representations   5,074        

and not warranties, and that no such statement shall be used in    5,075        

defense to a claim under the policy, unless it is contained in a   5,076        

written application;                                               5,077        

      (D)  A provision for the equitable adjustment of the         5,079        

premium or the amount of insurance payable in the event of a       5,080        

misstatement of the age of an employee or other person whose life  5,081        

is insured under a group life policy;                              5,082        

      (E)  Except in the case of a policy described in division    5,084        

(B)(4) of section 3917.01 of the Revised Code, a provision that    5,085        

the company will issue to the policyholder for delivery to each    5,086        

person whose life is insured under such policy, an individual      5,087        

certificate setting forth a statement as to the insurance          5,088        

protection to which he THE PERSON is entitled, to whom payable,    5,089        

together with provision to the effect that in case of the          5,090        

termination of the employment for any reason or of membership in   5,091        

the classes eligible for insurance under the policy, such person   5,092        

is entitled to have issued to him THE PERSON by the company,       5,093        

without evidence of insurability, and upon application made to     5,094        

the company within thirty-one days after such termination, and     5,095        

upon the payment of the premium applicable to the class of risk    5,096        

to which he THE PERSON belongs and to the form and amount of the   5,097        

policy at his THE PERSON'S then attained age, EITHER a policy of   5,098        

life insurance in any one of the forms customarily issued by the   5,101        

company, except term insurance, in any amount not in excess of     5,102        

the amount of his THE PERSON'S protection under such THE group     5,103        

insurance policy at the time of such THE termination, as he THE    5,105        

PERSON elects OR, IF APPLICABLE, THE COVERAGE DESCRIBED IN         5,106        

DIVISION (B)(12) OF SECTION 3917.01 OF THE REVISED CODE;                        

      (F)  A provision that if the group policy terminates or is   5,108        

amended so as to terminate the insurance of any class of insured   5,109        

persons, every person insured thereunder at the date of such       5,110        

termination whose insurance terminates and who has been so         5,111        

                                                          112    


                                                                 
insured for at least five years prior to such termination date is  5,112        

entitled to have issued to him THE PERSON by the insurer an        5,113        

individual policy of life insurance, subject to the same           5,114        

conditions as are provided by division (E) of this section,        5,115        

except that the group policy may provide that the amount of such   5,116        

individual policy shall not exceed the smaller of (1) the amount   5,117        

of the person's life insurance protection ceasing because of the   5,118        

termination of OR amendment of the group policy, less the amount   5,119        

of any life insurance for which he THE PERSON is or becomes        5,120        

eligible under any group policy issued or reinstated by the same   5,122        

or another insurer within thirty-one days after such termination,  5,123        

and (2) two thousand dollars;                                      5,124        

      (G)  A provision that if a person insured under the group    5,126        

policy dies during the period within which he THE PERSON would     5,127        

have been entitled to have an individual policy issued to him THE  5,128        

PERSON in accordance with division (E) or (F) of this section,     5,129        

and before such an individual policy has become effective, the     5,131        

amount of life insurance which he THE PERSON would have been       5,132        

entitled to have issued to him THE PERSON under such individual    5,133        

policy shall be payable as a claim under the group policy,         5,134        

whether or not application for the individual policy or the        5,135        

payment of the first premium therefor has been made;               5,136        

      (H)  A provision that to the group or class of persons       5,138        

originally insured there shall be added from time to time all new  5,139        

employees of the employer or other persons eligible to insurance   5,140        

in such group or class;                                            5,141        

      (I)  In the case of a policy issued to a labor union         5,143        

covering all members of the union, a notice that the annual        5,144        

renewable term premium depends upon the attained ages of the       5,145        

members in the group and increases with advancing ages.            5,146        

      Policies of group life insurance, when issued in this state  5,148        

by any company not organized under the laws of this state, may     5,149        

contain, when issued, any provision required by the law of the     5,150        

state, territory, or district of the United States under which     5,151        

                                                          113    


                                                                 
the company is organized; and policies issued in other states or   5,152        

countries by companies organized in this state, may contain any    5,153        

provision required or permitted by the laws of the state,          5,154        

territory, district, or country in which the same are issued. Any  5,156        

such policy may be issued or delivered in this state which in the  5,157        

opinion of the superintendent contains provisions on any one or    5,158        

more of the requirements of this section more favorable to the                  

policyholder or to the person whose life is insured under such     5,159        

policy than such requirements.                                     5,160        

      The group life insurance policy together with any            5,162        

application in connection therewith shall be available for         5,163        

inspection during regular business hours at the office of the      5,164        

policyholder where such policy is on file, by any beneficiary      5,165        

thereunder or by an authorized representative of such              5,166        

beneficiary.                                                       5,167        

      Except as provided in sections 3917.01 to 3917.06,           5,169        

inclusive, of the Revised Code, no contract of life insurance      5,170        

shall be made covering a group in this state.                      5,171        

      Sec. 3923.021.  (A)  As used in this section, "benefits      5,180        

provided are not unreasonable in relation to the premium charged"  5,181        

means the rates were calculated in accordance with sound           5,182        

actuarial principles.                                              5,183        

      (B)  With respect to any filing, made pursuant to section    5,185        

3923.02 of the Revised Code, of any premium rates for any          5,186        

individual policy of sickness and accident insurance or for any    5,187        

indorsement or rider pertaining thereto, the superintendent of     5,188        

insurance may, within thirty days after filing:                    5,189        

      (1)  Disapprove such filing after finding that the benefits  5,192        

provided are unreasonable in relation to the premium charged.      5,193        

Such disapproval shall be effected by written order of the         5,194        

superintendent, a copy of which shall be mailed to the insurer     5,195        

that has made the filing.  In the order, the superintendent shall  5,196        

specify the reasons for the disapproval and state that a hearing   5,198        

will be held within fifteen days after requested in writing by     5,199        

                                                          114    


                                                                 
the insurer.  If a hearing is so requested, the superintendent     5,200        

shall also give such public notice as the superintendent           5,201        

considers appropriate.  The superintendent, within fifteen days    5,203        

after the commencement of any hearing, shall issue a written       5,204        

order, a copy of which shall be mailed to the insurer that has     5,205        

made the filing, either affirming the prior disapproval or         5,206        

approving such filing after finding that the benefits provided     5,207        

are not unreasonable in relation to the premium charged.           5,209        

      (2)  Set a date for a public hearing to commence no later    5,211        

than forty days after the filing.  The superintendent shall give   5,212        

the insurer making the filing twenty days' written notice of the   5,213        

hearing and shall give such public notice as the superintendent    5,215        

considers appropriate.  The superintendent, within twenty days     5,216        

after the commencement of a hearing, shall issue a written order,  5,217        

a copy of which shall be mailed to the insurer that has made the   5,218        

filing, either approving such filing if the superintendent finds   5,219        

that the benefits provided are not unreasonable in relation to     5,221        

the premium charged, or disapproving such filing if the            5,222        

superintendent finds that the benefits provided are unreasonable   5,224        

in relation to the premium charged.  This division does not apply  5,225        

to any insurer organized or transacting the business of insurance  5,226        

under Chapter 3907. or 3909. of the Revised Code.                  5,227        

      (3)  Take no action, in which case such filing shall be      5,229        

deemed to be approved and shall become effective upon the          5,230        

thirty-first day after such filing, unless the superintendent has  5,231        

previously given to the insurer a written approval.                5,232        

      (C)  At any time after any filing has been approved          5,234        

pursuant to this section, the superintendent may, after a hearing  5,235        

of which at least twenty days' written notice has been given to    5,236        

the insurer that has made such filing and for which such public    5,237        

notice as the superintendent considers appropriate has been        5,238        

given, withdraw approval of such filing after finding that the     5,240        

benefits provided are unreasonable in relation to the premium      5,242        

charged.  Such withdrawal of approval shall be effected by         5,243        

                                                          115    


                                                                 
written order of the superintendent, a copy of which shall be      5,244        

mailed to the insurer that has made the filing, which shall state  5,245        

the ground for such withdrawal and the date, not less than forty   5,246        

days after the date of such order, when the withdrawal or          5,247        

approval shall become effective.                                   5,248        

      (D)  The superintendent may retain at the insurer's expense  5,250        

such attorneys, actuaries, accountants, and other experts not      5,251        

otherwise a part of the superintendent's staff as shall be         5,252        

reasonably necessary to assist in the preparation for and conduct  5,253        

of any public hearing under this section.  The expense for         5,254        

retaining such experts and the expenses of the department of       5,255        

insurance incurred in connection with such public hearing shall    5,256        

be assessed against the insurer in an amount not to exceed one     5,257        

one-hundredth of one per cent of the sum of premiums earned plus   5,258        

net realized investment gain or loss of such insurer as reflected  5,259        

in the most current annual statement on file with the              5,260        

superintendent.  Any person retained shall be under the direction  5,261        

and control of the superintendent and shall act in a purely        5,262        

advisory capacity.                                                 5,263        

      (E)  This section does not apply to any filing of any        5,265        

premium rate or rating formula for individual sickness and         5,266        

accident insurance policies offered in accordance with division    5,267        

(L) of section 3923.58 of the Revised Code, or for any amendment   5,269        

thereto.                                                                        

      Sec. 3923.122.  (A)  Every policy of group sickness and      5,278        

accident insurance providing hospital, surgical, or medical        5,279        

expense coverage for other than specific diseases or accidents     5,280        

only, and delivered, issued for delivery, or renewed in this       5,281        

state on or after January 1, 1976, shall include a provision       5,282        

giving each insured the option to convert to the following:        5,283        

      (1)  In the case of an individual who is not a federally     5,286        

eligible individual, any of the individual policies of hospital,   5,287        

surgical, or medical expense insurance then being issued by the    5,288        

insurer with benefit limits not to exceed those in effect under    5,289        

                                                          116    


                                                                 
the group policy;                                                               

      (2)  In the case of a federally eligible individual, a       5,291        

basic or standard plan established by the board of directors of    5,292        

the Ohio health reinsurance program or plans substantially         5,293        

similar to the basic and standard plan in benefit design and       5,294        

scope of covered services.  For purposes of division (A)(2) of     5,295        

this section, the superintendent of insurance shall determine      5,296        

whether a plan is substantially similar to the basic or standard   5,297        

plan in benefit design and scope of covered services.              5,298        

      (B)  An option for conversion to an individual policy shall  5,300        

be available without evidence of insurability to every insured,    5,301        

including any person eligible under division (D) of this section,  5,302        

who terminates employment or membership in the group holding the   5,304        

policy after having been continuously insured thereunder for at    5,305        

least one year.                                                                 

      Upon receipt of the insured's written application and upon   5,307        

payment of at least the first quarterly premium not later than     5,308        

thirty-one days after the termination of coverage under the group  5,309        

policy, the insurer shall issue a converted policy on a form then  5,310        

available for conversion.  The premium shall be in accordance      5,311        

with the insurer's table of premium rates in effect on the later   5,312        

of the following dates:                                            5,313        

      (1)  The effective date of the converted policy;             5,315        

      (2)  The date of application therefor; and shall be          5,317        

applicable to the class of risk to which each person covered       5,319        

belongs and to the form and amount of the policy at the person's   5,320        

then attained age.  However, premiums charged federally eligible   5,321        

individuals may not exceed an amount that is two times the         5,323        

midpoint of the standard rate charged any other individual of a    5,324        

group to which the insurer is currently accepting new business     5,325        

and for which similar copayments and deductibles are applied.      5,326        

      At the election of the insurer, a separate converted policy  5,328        

may be issued to cover any dependent of an employee or member of   5,329        

the group.                                                         5,330        

                                                          117    


                                                                 
      Except as provided in division (H) of this section, any      5,332        

converted policy shall become effective as of the day following    5,333        

the date of termination of insurance under the group policy.       5,334        

      Any probationary or waiting period set forth in the          5,336        

converted policy is deemed to commence on the effective date of    5,337        

the insured's coverage under the group policy.                     5,338        

      (C)  No insurer shall be required to issue a converted       5,340        

policy to any person who is, or is eligible to be, covered for     5,341        

benefits at least comparable to the group policy under:            5,342        

      (1)  Title XVIII of the Social Security Act, as amended or   5,344        

superseded;                                                        5,345        

      (2)  Any act of congress or law under this or any other      5,347        

state of the United States that duplicates coverage offered under  5,348        

division (C)(1) of this section;                                   5,349        

      (3)  Any policy that duplicates coverage offered under       5,351        

division (C)(1) of this section;                                   5,352        

      (4)  Any other group sickness and accident insurance         5,354        

providing hospital, surgical, or medical expense coverage for      5,355        

other than specific diseases or accidents only.                    5,356        

      (D)  The option for conversion shall be available:           5,358        

      (1)  Upon the death of the employee or member, to the        5,360        

surviving spouse with respect to such of the spouse and            5,361        

dependents as are then covered by the group policy;                5,362        

      (2)  To a child solely with respect to the child upon        5,364        

attaining the limiting age of coverage under the group policy      5,365        

while covered as a dependent thereunder;                           5,366        

      (3)  Upon the divorce, dissolution, or annulment of the      5,368        

marriage of the employee or member, to the divorced spouse, or     5,369        

former spouse in the event of annulment, of such employee or       5,370        

member, or upon the legal separation of the spouse from such       5,371        

employee or member, to the spouse.                                 5,372        

      Persons possessing the option for conversion pursuant to     5,374        

this division shall be considered members for the purposes of      5,375        

division (H) of this section.                                      5,376        

                                                          118    


                                                                 
      (E)  If coverage is continued under a group policy on an     5,378        

employee following retirement prior to the time the employee is,   5,380        

or is eligible to be, covered by Title XVIII of the Social         5,381        

Security Act, the employee may elect, in lieu of the continuance   5,382        

of group insurance, to have the same conversion rights as would    5,384        

apply had the employee's insurance terminated at retirement by     5,386        

reason of termination of employment.                               5,387        

      (F)  If the insurer and the group policyholder agree upon    5,389        

one or more additional plans of benefits to be available for       5,390        

converted policies, the applicant for the converted policy may     5,391        

elect such a plan in lieu of a converted policy.                   5,392        

      (G)  The converted policy may contain provisions for         5,394        

avoiding duplication of benefits provided pursuant to divisions    5,395        

(C)(1), (2), (3), and (4) of this section or provided under any    5,396        

other insured or noninsured plan or program.                       5,397        

      (H)  If an employee or member becomes entitled to obtain a   5,399        

converted policy pursuant to this section, and if the employee or  5,400        

member has not received notice of the conversion privilege at      5,401        

least fifteen days prior to the expiration of the thirty-one-day   5,402        

conversion period provided in division (B) of this section, then   5,403        

the employee or member has an additional period within which to    5,404        

exercise the privilege.  This additional period shall expire       5,405        

fifteen days after the employee or member receives notice, but in  5,406        

no event shall the period extend beyond sixty days after the       5,407        

expiration of the thirty-one-day conversion period.                5,408        

      Written notice presented to the employee or member, or       5,410        

mailed by the policyholder to the last known address of the        5,411        

employee or member as indicated on its records, constitutes        5,412        

notice for the purpose of this division.  In the case of a person  5,413        

who is eligible for a converted policy under division (D)(2) or    5,414        

(D)(3) of this section, a policyholder shall not be responsible    5,415        

for presenting or mailing such notice, unless such policyholder    5,416        

has actual knowledge of the person's eligibility for a converted   5,417        

policy.                                                            5,418        

                                                          119    


                                                                 
      If an additional period is allowed by an employee or member  5,420        

for the exercise of a conversion privilege, and if written         5,421        

application for the converted policy, accompanied by at least the  5,422        

first quarterly premium, is made after the expiration of the       5,423        

thirty-one-day conversion period, but within the additional        5,424        

period allowed an employee or member in accordance with this       5,425        

division, the effective date of the converted policy shall be the  5,426        

date of application.                                               5,427        

      (I)  The converted policy may provide:                       5,429        

      (1)  That THAT any hospital, surgical, or medical expense    5,431        

benefits otherwise payable with respect to any person may be       5,432        

reduced by the amount of any such benefits payable under the       5,433        

group policy for the same loss after termination of coverage;      5,434        

      (2)  For termination of coverage on any person who is, or    5,436        

is eligible to be, covered pursuant to division (C) of this        5,437        

section;                                                           5,438        

      (3)  That the insurer may request information in advance of  5,440        

any premium due date of the policy as to whether the insured is,   5,441        

or is eligible to be, covered pursuant to division (C) of this     5,442        

section.  If the insured is, or is eligible to be, covered, and    5,443        

the insured fails to furnish the details of the insured's          5,445        

coverage or eligibility to the insurer within thirty-one days      5,446        

after the date of the request, the benefits payable under the      5,447        

converted policy may be based on the hospital, surgical, or        5,448        

medical expenses actually incurred after excluding expenses to     5,449        

the extent of the amount of benefits for which the insured is, or  5,450        

is eligible to be, covered pursuant to division (C) of this        5,451        

section.                                                                        

      (J)  The converted policy may contain:                       5,453        

      (1)  Any exclusion, reduction, or limitation contained in    5,455        

the group policy or customarily used in individual policies        5,456        

issued by the insurer;                                             5,457        

      (2)  Any provision permitted in this section;                5,459        

      (3)  Any other provision not prohibited by law.              5,461        

                                                          120    


                                                                 
      Any provision required or permitted in this section may be   5,463        

made a part of any converted policy by means of an endorsement or  5,464        

rider.                                                             5,465        

      (K)  The time limit specified in a converted policy for      5,467        

certain defenses with respect to any person who was covered by a   5,468        

group policy shall commence on the effective date of such          5,469        

person's coverage under the group policy.                          5,470        

      (L)  No insurer shall use deterioration of health as the     5,472        

basis for refusing to renew a converted policy.                    5,473        

      (M)  No insurer shall use age as the basis for refusing to   5,475        

renew a converted policy.                                          5,476        

      (N)  A converted policy made available pursuant to this      5,478        

section shall, if delivery of the policy is to be made in this     5,479        

state, comply with this section.  If delivery of a converted       5,480        

policy is to be made in another state, it may be on a form         5,481        

offered by the insurer in the jurisdiction where the delivery is   5,482        

to be made and which provides benefits substantially in            5,483        

compliance with those required in a policy delivered in this       5,484        

state.                                                             5,485        

      (O)  As used in this section, "federally eligible            5,488        

individual" means an eligible individual as defined in 45 C.F.R.   5,490        

148.103.                                                           5,491        

      Sec. 3923.57.  Notwithstanding any provision of this         5,500        

chapter, every individual policy of sickness and accident          5,501        

insurance that is delivered, issued for delivery, or renewed in    5,502        

this state is subject to the following conditions, as applicable:  5,503        

      (A)  Pre-existing conditions provisions shall not exclude    5,505        

or limit coverage for a period beyond twelve months following the  5,506        

policyholder's effective date of coverage and may only relate to   5,507        

conditions during the six months immediately preceding the         5,508        

effective date of coverage.                                        5,509        

      (B)  In determining whether a pre-existing conditions        5,511        

provision applies to a policyholder or dependent, each policy      5,512        

shall credit the time the policyholder or dependent was covered    5,513        

                                                          121    


                                                                 
under a previous  policy, contract, or plan if the previous        5,515        

coverage was continuous to a date not more than thirty days prior  5,517        

to the effective date of the new coverage, exclusive of any        5,518        

applicable service waiting period under the policy.                5,519        

      (C)(1)  Except as otherwise provided in division (C) of      5,522        

this section, an insurer that provides an individual sickness and  5,523        

accident insurance policy to an individual shall renew or          5,524        

continue in force such coverage at the option of the individual.   5,525        

      (2)  An insurer may nonrenew or discontinue coverage of an   5,528        

individual in the individual market based only on one or more of   5,529        

the following reasons:                                                          

      (a)  The individual failed to pay premiums or contributions  5,532        

in accordance with the terms of the policy or the insurer has not  5,533        

received timely premium payments.                                               

      (b)  The individual performed an act or practice that        5,536        

constitutes fraud or made an intentional misrepresentation of      5,537        

material fact under the terms of the policy.                                    

      (c)  The insurer is ceasing to offer coverage in the         5,540        

individual market in accordance with division (D) of this section  5,541        

and the applicable laws of this state.                             5,542        

      (d)  If the insurer offers coverage in the market through a  5,545        

network plan, the individual no longer resides, lives, or works    5,546        

in the service area, or in an area for which the insurer is        5,547        

authorized to do business; provided, however, that such coverage   5,548        

is terminated uniformly without regard to any health               5,549        

status-related factor of covered individuals.                                   

      (e)  If the coverage is made available in the individual     5,552        

market only through one or more bona fide associations, the        5,553        

membership of the individual in the association, on the basis of   5,554        

which the coverage is provided, ceases; provided, however, that    5,555        

such coverage is terminated under division (C)(2)(e) of this       5,558        

section uniformly without regard to any health status-related      5,559        

factor of covered individuals.                                                  

      AN INSURER OFFERING COVERAGE TO INDIVIDUALS SOLELY THROUGH   5,561        

                                                          122    


                                                                 
MEMBERSHIP IN A BONA FIDE ASSOCIATION SHALL NOT BE DEEMED, BY      5,562        

VIRTUE OF THAT OFFERING, TO BE IN THE INDIVIDUAL MARKET FOR        5,563        

PURPOSES OF SECTIONS 3923.58 AND 3923.581 OF THE REVISED CODE.     5,564        

SUCH AN INSURER SHALL NOT BE REQUIRED TO ACCEPT APPLICANTS FOR     5,566        

COVERAGE IN THE INDIVIDUAL MARKET PURSUANT TO SECTIONS 3923.58                  

AND 3923.581 OF THE REVISED CODE UNLESS THE INSURER ALSO OFFERS    5,568        

COVERAGE TO INDIVIDUALS OTHER THAN THROUGH BONA FIDE                            

ASSOCIATIONS.                                                                   

      (3)  An insurer may cancel or decide not to renew the        5,570        

coverage of a dependent of an individual if the dependent has      5,571        

performed an act or practice that constitutes fraud or made an     5,572        

intentional misrepresentation of material fact under the terms of  5,573        

the coverage and if the cancellation or nonrenewal is not based,   5,574        

either directly or indirectly, on any health status-related        5,575        

factor in relation to the dependent.                                            

      (D)(1)  If an insurer decides to discontinue offering a      5,578        

particular type of health insurance coverage offered in the        5,579        

individual market, coverage of such type may be discontinued by    5,580        

the insurer if the insurer does all of the following:              5,581        

      (a)  Provides notice to each individual provided coverage    5,584        

of this type in such market of the discontinuation at least        5,585        

ninety days prior to the date of the discontinuation of the        5,586        

coverage;                                                                       

      (b)  Offers to each individual provided coverage of this     5,589        

type in such market, the option to purchase any other individual   5,590        

health insurance coverage currently being offered by the insurer   5,591        

for individuals in that market;                                                 

      (c)  In exercising the option to discontinue coverage of     5,594        

this type and in offering the option of coverage under division    5,595        

(D)(1)(b) of this section, acts uniformly without regard to any    5,597        

health status-related factor of covered individuals or of          5,598        

individuals who may become eligible for such coverage.             5,599        

      (2)  If an insurer elects to discontinue offering all        5,601        

health insurance coverage in the individual market in this state,  5,603        

                                                          123    


                                                                 
health insurance coverage may be discontinued by the insurer only  5,604        

if both of the following apply:                                                 

      (a)  The insurer provides notice to the department of        5,607        

insurance and to each individual of the discontinuation at least   5,608        

one hundred eighty days prior to the date of the expiration of     5,609        

the coverage.                                                                   

      (b)  All health insurance delivered or issued for delivery   5,612        

in this state in such market is discontinued and coverage under    5,613        

that health insurance in that market is not renewed.               5,614        

      (3)  In the event of a discontinuation under division        5,616        

(D)(2) of this section in the individual market, the insurer       5,618        

shall not provide for the issuance of any health insurance         5,619        

coverage in the market and this state during the five-year period  5,620        

beginning on the date of the discontinuation of the last health    5,621        

insurance coverage not so renewed.                                 5,622        

      (E)  Nothwithstanding NOTWITHSTANDING divisions (C) and (D)  5,625        

of this section, an insurer may, at the time of coverage renewal,               

modify the health insurance coverage for a policy form offered to  5,627        

individuals in the individual market if the modification is        5,628        

consistent with the law of this state and effective on a uniform   5,629        

basis among all individuals with that policy form.                 5,630        

      (F)  Such policies are subject to sections 2743 and 2747 of  5,633        

the "Health Insurance Portability and Accountability Act of        5,637        

1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-43   5,643        

and 300gg-47, as amended.                                          5,644        

      (G)  Sections 3924.031 and 3924.032 of the Revised Code      5,648        

shall apply to sickness and accident insurance policies offered    5,649        

in the individual market in the same manner as they apply to       5,650        

health benefit plans offered in the small employer market.         5,651        

      In accordance with 45 C.F.R. 148.102, divisions (C) to (G)   5,656        

of this section also apply to all group sickness and accident      5,657        

insurance policies that are not sold in connection with an         5,658        

employment-related group health plan and that provide more than    5,659        

short-term, limited duration coverage.                             5,660        

                                                          124    


                                                                 
      In applying divisions (C) to (G) of this section with        5,664        

respect to health insurance coverage that is made available by an  5,666        

insurer in the individual market to individuals only through one   5,667        

or more associations, the term "individual" includes the                        

association of which the individual is a member.                   5,668        

      For purposes of this section, any policy issued pursuant to  5,670        

division (C) of section 3923.13 of the Revised Code in connection  5,673        

with a public or private college or university student health                   

insurance program is considered to be issued to a bona fide        5,674        

association and is not subject to divisions (C) to (G) of this     5,677        

section.                                                                        

      As used in this section, "bona fide association" has the     5,680        

same meaning as in section 3924.03 of the Revised Code, and        5,682        

"health status-related factor" and "network plan" have the same    5,683        

meanings as in section 3924.031 of the Revised Code.               5,685        

      This section does not apply to any policy that provides      5,687        

coverage for specific diseases or accidents only, or to any        5,688        

hospital indemnity, medicare supplement, long-term care,           5,689        

disability income, one-time-limited-duration policy of no longer   5,690        

than six months, or other policy that offers only supplemental     5,691        

benefits.                                                          5,692        

      Sec. 3923.571.  Except as otherwise provided in section      5,702        

2721 of the "Health Insurance Portability and Accountability Act   5,707        

of 1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A.         5,712        

300gg-21, as amended, the following conditions apply to all group  5,714        

policies of sickness and accident insurance that are sold in                    

connection with an employment-related group health plan and that   5,715        

are not subject to section 3924.03 of the Revised Code:            5,716        

      (A)  Any such policy shall comply with the requirements of   5,718        

division (A) of section 3924.03 and section 3924.033 of the        5,719        

Revised Code.                                                      5,720        

      (B)(1)  Except as provided in section 2712(b) to (e) of the  5,724        

"Health Insurance Portability and Accountability Act of 1996," if  5,728        

an insurer offers coverage in the small or large group market in   5,729        

                                                          125    


                                                                 
connection with a group policy, the insurer shall renew or         5,730        

continue in force such coverage at the option of the               5,731        

policyholder.                                                                   

      (2)  An insurer may cancel or decide not to renew the        5,733        

coverage of an employee or of a dependent of an employee if the    5,734        

employee or dependent, as applicable, has performed an act or      5,735        

practice that constitutes fraud or made an intentional             5,736        

misrepresentation of material fact under the terms of the                       

coverage and if the cancellation or nonrenewal is not based,       5,737        

either directly or indirectly, on any health status-related        5,738        

factor in relation to the employee or dependent.                   5,739        

      As used in division (B)(2) of this section, "health          5,742        

status-related factor" has the same meaning as in section                       

3924.031 of the Revised Code.                                      5,744        

      (C)(1)  No such policy, or insurer offering health           5,746        

insurance coverage in connection with such a policy, shall         5,748        

require any individual, as a condition of coverage or continued    5,749        

coverage under the policy, to pay a premium or contribution that   5,750        

is greater than the premium or contribution for a similarly        5,751        

situated individual covered under the policy on the basis of any   5,752        

health status-related factor in relation to the individual or to   5,753        

an individual covered under the policy as a dependent of the       5,754        

individual.                                                        5,755        

      (2)  Nothing in division (C)(1) of this section shall be     5,758        

construed to restrict the amount that an employer may be charged   5,759        

for coverage under a group policy, or to prevent a group policy,   5,760        

and an insurer offering group health insurance coverage, from      5,761        

establishing premium discounts or rebates or modifying otherwise   5,762        

applicable copayments or deductibles in return for adherence to    5,763        

programs of health promotion and disease prevention.               5,764        

      (D)  Such policies shall provide for the special enrollment  5,767        

periods described in section 2701(f) of the "Health Insurance      5,770        

Portability and Accountability Act of 1996."                       5,773        

      (E)  AT LEAST ONCE IN EVERY TWELVE-MONTH PERIOD, AN INSURER  5,776        

                                                          126    


                                                                 
SHALL PROVIDE TO ALL LATE ENROLLEES, AS DEFINED IN SECTION         5,777        

3924.01 OF THE REVISED CODE, WHO ARE IDENTIFIED BY THE             5,779        

POLICYHOLDER, THE OPTION TO ENROLL IN THE GROUP POLICY.  THE       5,780        

ENROLLMENT OPTION SHALL BE PROVIDED FOR A MINIMUM PERIOD OF        5,781        

THIRTY CONSECUTIVE DAYS.  ALL DELAYS OF COVERAGE IMPOSED UNDER     5,782        

THE GROUP POLICY, INCLUDING ANY PRE-EXISTING CONDITION EXCLUSION   5,783        

PERIOD OR SERVICE WAITING PERIOD, SHALL BEGIN ON THE DATE THE      5,784        

INSURER RECEIVES NOTICE OF THE LATE ENROLLEE'S APPLICATION OR      5,785        

REQUEST FOR COVERAGE, AND SHALL RUN CONCURRENTLY WITH EACH OTHER.  5,786        

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  5,795        

of the Revised Code:                                               5,796        

      (1)  "Health benefit plan" and "MEWA" have the same          5,799        

meanings as in section 3924.01 of the Revised Code.                5,800        

      (2)  "Insurer" means any sickness and accident insurance     5,802        

company authorized to do business in this state, or MEWA           5,805        

authorized to issue insured health benefit plans in this state.    5,806        

"Insurer" does not include any health insuring corporation that                 

is owned or operated by an insurer.                                5,808        

      (3)  "Pre-existing conditions provision" means a policy      5,811        

provision that excludes or limits coverage for charges or          5,812        

expenses incurred during a specified period following the          5,813        

insured's effective date of coverage as to a condition which,      5,814        

during a specified period immediately preceding the effective      5,815        

date of coverage, had manifested itself in such a manner as would  5,817        

cause an ordinarily prudent person to seek medical advice,                      

diagnosis, care, or treatment or for which medical advice,         5,818        

diagnosis, care, or treatment was recommended or received, or a    5,819        

pregnancy existing on the effective date of coverage.              5,820        

      (B)  Beginning in January of each year, insurers in the      5,823        

business of issuing individual policies of sickness and accident   5,824        

insurance as contemplated by section 3923.021 of the Revised       5,825        

Code, except individual policies issued pursuant to section        5,827        

3923.122 of the Revised Code, shall accept applicants for open     5,831        

enrollment coverage, as set forth in this division, in the order   5,833        

                                                          127    


                                                                 
in which they apply for coverage and subject to the limitation     5,834        

set forth in division (G) of this section.  Insurers shall accept  5,835        

for coverage pursuant to this section individuals to whom both of  5,838        

the following conditions apply:                                                 

      (1)  The individual is not applying for coverage as an       5,840        

employee of an employer, as a member of an association, or as a    5,841        

member of any other group.                                         5,842        

      (2)  The individual is not covered, and is not eligible for  5,844        

coverage, under any other private or public health benefits        5,845        

arrangement, including the medicare program established under      5,846        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  5,847        

U.S.C.A. 301, as amended, or any other act of congress or law of   5,848        

this or any other state of the United States that provides         5,849        

benefits comparable to the benefits provided under this section,   5,850        

any medicare supplement policy, or any continuation of coverage    5,852        

policy under state or federal law.                                              

      (C)  An insurer shall offer to any individual accepted       5,855        

under this section the small employer OHIO health care plan BASIC  5,857        

AND STANDARD PLANS established by the board of directors of the    5,859        

Ohio health reinsurance program under division (A) of section      5,861        

3924.10 of the Revised Code or a health benefit plan PLANS that    5,863        

is ARE substantially similar to the small employer OHIO health     5,864        

care plan BASIC AND STANDARD PLANS in benefit plan design and      5,866        

scope of covered services.                                                      

      An insurer may offer other health benefit plans in addition  5,868        

to, but not in lieu of, the plan PLANS required to be offered      5,869        

under this division.  These additional A BASIC health benefit      5,871        

plans PLAN shall provide, at a minimum, the coverage provided by   5,873        

the small employer OHIO health care BASIC plan or any health       5,874        

benefit plan that is substantially similar to the small employer   5,875        

OHIO health care BASIC plan in benefit plan design and scope of    5,877        

covered services.  A STANDARD HEALTH BENEFIT PLAN SHALL PROVIDE,   5,878        

AT A MINIMUM, THE COVERAGE PROVIDED BY THE OHIO HEALTH CARE        5,879        

STANDARD PLAN OR ANY HEALTH BENEFIT PLAN THAT IS SUBSTANTIALLY     5,880        

                                                          128    


                                                                 
SIMILAR TO THE OHIO HEALTH CARE STANDARD PLAN IN BENEFIT PLAN      5,881        

DESIGN AND SCOPE OF COVERED SERVICES.                                           

      For purposes of this division, the superintendent of         5,883        

insurance shall determine whether a health benefit plan is         5,884        

substantially similar to the small employer OHIO health care plan  5,886        

BASIC AND STANDARD PLANS in benefit plan design and scope of       5,888        

covered services.                                                  5,889        

      (D)  Health benefit plans issued under this section may      5,891        

establish pre-existing conditions provisions that exclude or       5,892        

limit coverage for a period of up to twelve months following the   5,893        

individual's effective date of coverage and that may relate only   5,894        

to conditions during the six months immediately preceding the      5,895        

effective date of coverage.                                        5,896        

      (E)  Premiums charged to individuals under this section may  5,899        

not exceed an amount that is two and one-half times the highest    5,900        

rate charged any other individual to which the insurer is                       

currently accepting new business, and for which similar            5,901        

copayments and deductibles are applied.                            5,902        

      (F)  In offering health benefit plans under this section,    5,904        

an insurer may require the purchase of health benefit plans that   5,905        

condition the reimbursement of health services upon the use of a   5,906        

specific network of providers.                                     5,907        

      (G)(1)  In no event shall an insurer be required to accept   5,909        

annually under this section individuals who, in the aggregate,     5,910        

would cause the insurer to have a total number of new insureds     5,913        

that is more than one-half per cent of its total number of         5,914        

insured individuals in this state per year, as contemplated by     5,915        

section 3923.021 of the Revised Code, calculated as of the         5,916        

immediately preceding thirty-first day of December and excluding   5,917        

the insurer's medicare supplement policies and conversion or       5,918        

continuation of coverage policies under state or federal law and   5,919        

any policies described in division (M)(L) of this section.         5,920        

      (2)  An officer of the insurer shall certify to the          5,922        

department of insurance when it has met the enrollment limit set   5,923        

                                                          129    


                                                                 
forth in division (G)(1) of this section.  Upon providing such     5,924        

certification, the insurer shall be relieved of its open           5,925        

enrollment requirement under this section for the remainder of     5,926        

the calendar year.                                                 5,927        

      (H)  An insurer shall not be required to accept under this   5,929        

section applicants who, at the time of enrollment, are confined    5,930        

to a health care facility because of chronic illness, permanent    5,931        

injury, or other infirmity that would cause economic impairment    5,932        

to the insurer if the applicants were accepted, or to make the     5,933        

effective date of benefits for individuals accepted under this     5,935        

section earlier than ninety days after the date of acceptance.     5,936        

      (I)  The requirements of this section do not apply to any    5,938        

insurer that is currently in a state of supervision, insolvency,   5,939        

or liquidation.  If an insurer demonstrates to the satisfaction    5,940        

of the superintendent that the requirements of this section would  5,942        

place the insurer in a state of supervision, insolvency, or        5,943        

liquidation, the superintendent may waive or modify the            5,944        

requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   5,946        

a period of not more than one year.  At the expiration of such     5,947        

time, a new showing of need for a waiver or modification by the    5,948        

insurer shall be made before a new waiver or modification is       5,949        

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       5,951        

practitioner, and no person who employs any health care            5,952        

practitioner, shall balance bill any individual or dependent of    5,953        

an individual for any health care supplies or services provided    5,954        

to the individual or dependent who is insured under a policy       5,956        

issued under this section.  The hospital, health care facility,    5,958        

or health care practitioner, or any person that employs the        5,959        

health care practitioner, shall accept payments made to it by the  5,960        

insurer under the terms of the policy or contract insuring or      5,961        

covering such individual as payment in full for such health care   5,962        

supplies or services.                                              5,963        

                                                          130    


                                                                 
      As used in this division, "hospital" has the same meaning    5,965        

as in section 3727.01 of the Revised Code; "health care            5,966        

practitioner" has the same meaning as in section 4769.01 of the    5,967        

Revised Code; and "balance bill" means charging or collecting an   5,968        

amount in excess of the amount reimbursable or payable under the   5,969        

policy or health care service contract issued to an individual     5,970        

under this section for such health care supply or service.         5,971        

"Balance bill" does not include charging for or collecting         5,972        

copayments or deductibles required by the policy or contract.      5,973        

      (K)  An insurer shall pay an agent a commission in the       5,975        

amount of five per cent of the premium charged for initial         5,976        

placement or for otherwise securing the issuance of a policy or    5,977        

contract issued to an individual under this section, and four per  5,979        

cent of the premium charged for the renewal of such a policy or    5,980        

contract.  The superintendent may adopt, in accordance with        5,981        

Chapter 119. of the Revised Code, such rules as are necessary to   5,982        

enforce this division.                                                          

      (L)  Individuals accepted for coverage under this section    5,984        

may be issued contracts and certificates subject to the            5,985        

requirements of section 3923.12 of the Revised Code.  The          5,986        

coverage issued to such individuals is not subject to the          5,987        

requirements of section 3923.021 of the Revised Code.              5,988        

      (M)  This section does not apply to any policy that          5,990        

provides coverage for specific diseases or accidents only, or to   5,992        

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   5,994        

than six months, or other policy that offers only supplemental     5,995        

benefits.                                                                       

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     6,004        

the Revised Code:                                                  6,005        

      (A)  "Actuarial certification" means a written statement     6,007        

prepared by a member of the American academy of actuaries, or by   6,008        

any other person acceptable to the superintendent of insurance,    6,009        

that states that, based upon the person's examination, a carrier   6,010        

                                                          131    


                                                                 
offering health benefit plans to small employers is in compliance  6,011        

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  6,012        

certification" shall include a review of the appropriate records   6,013        

of, and the actuarial assumptions and methods used by, the         6,014        

carrier relative to establishing premium rates for the health      6,015        

benefit plans.                                                     6,016        

      (B)  "Adjusted average market premium price" means the       6,018        

average market premium price as determined by the board of         6,020        

directors of the Ohio health reinsurance program either on the     6,021        

basis of the arithmetic mean of all carriers' premium rates for    6,023        

an SEHC OHC plan sold to groups with similar case characteristics  6,025        

by all carriers selling SEHC OHC plans in the state, or on any     6,027        

other equitable basis determined by the board.                                  

      (C)  "Base premium rate" means, as to any health benefit     6,029        

plan that is issued by a carrier and that covers at least two but  6,030        

no more than fifty employees of a small employer, the lowest       6,032        

premium rate for a new or existing business prescribed by the      6,033        

carrier for the same or similar coverage under a plan or           6,034        

arrangement covering any small employer with similar case          6,035        

characteristics.                                                                

      (D)  "Carrier" means any sickness and accident insurance     6,037        

company or health insuring corporation authorized to issue health  6,040        

benefit plans in this state or a MEWA.  A sickness and accident    6,042        

insurance company that owns or operates a health insuring          6,043        

corporation, either as a separate corporation or as a line of      6,045        

business, shall be considered as a separate carrier from that      6,046        

health insuring corporation for purposes of sections 3924.01 to    6,048        

3924.14 of the Revised Code.                                                    

      (E)  "Case characteristics" means, with respect to a small   6,050        

employer, the geographic area in which the employees work; the     6,051        

age and sex of the individual employees and their dependents; the  6,052        

appropriate industry classification as determined by the carrier;  6,053        

the number of employees and dependents; and such other objective   6,054        

criteria as may be established by the carrier.  "Case              6,055        

                                                          132    


                                                                 
characteristics" does not include claims experience, health        6,056        

status, or duration of coverage from the date of issue.            6,057        

      (F)  "Dependent" means the spouse or child of an eligible    6,059        

employee, subject to applicable terms of the health benefits plan  6,060        

covering the employee.                                             6,061        

      (G)  "Eligible employee" means an employee who works a       6,063        

normal work week of twenty-five or more hours.  "Eligible          6,064        

employee" does not include a temporary or substitute employee, or  6,066        

a seasonal employee who works only part of the calendar year on    6,067        

the basis of natural or suitable times or circumstances.           6,068        

      (H)  "Health benefit plan" means any hospital or medical     6,070        

expense policy or certificate or any health plan provided by a     6,072        

carrier, that is delivered, issued for delivery, renewed, or used  6,074        

in this state on or after the date occurring six months after      6,075        

November 24, 1995.  "Health benefit plan" does not include         6,077        

policies covering only accident, credit, dental, disability        6,078        

income, long-term care, hospital indemnity, medicare supplement,   6,079        

specified disease, or vision care; coverage under a                6,080        

one-time-limited-duration policy of no longer than six months;     6,082        

coverage issued as a supplement to liability insurance; insurance  6,083        

arising out of a workers' compensation or similar law; automobile  6,084        

medical-payment insurance; or insurance under which benefits are   6,085        

payable with or without regard to fault and which is statutorily   6,086        

required to be contained in any liability insurance policy or      6,087        

equivalent self-insurance.                                                      

      (I)  "Late enrollee" means an eligible employee or           6,089        

dependent who enrolls in a small employer's health benefit plan    6,092        

other than during the first period in which the employee or        6,093        

dependent is eligible to enroll under the plan or during a         6,095        

special enrollment period described in section 2701(f) of the      6,096        

"Health Insurance Portability and Accountability Act of 1996,"     6,101        

Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg, as         6,107        

amended.                                                                        

      (J)  "MEWA" means any "multiple employer welfare             6,109        

                                                          133    


                                                                 
arrangement" as defined in section 3 of the "Federal Employee      6,110        

Retirement Income Security Act of 1974," 88 Stat. 832, 29          6,111        

U.S.C.A. 1001, as amended, except for any arrangement which is     6,112        

fully insured as defined in division (b)(6)(D) of section 514 of   6,113        

that act.                                                          6,114        

      (K)  "Midpoint rate" means, for small employers with         6,116        

similar case characteristics and plan designs and as determined    6,117        

by the applicable carrier for a rating period, the arithmetic      6,118        

average of the applicable base premium rate and the corresponding  6,119        

highest premium rate.                                              6,120        

      (L)  "Pre-existing conditions provision" means a policy      6,122        

provision that excludes or limits coverage for charges or          6,124        

expenses incurred during a specified period following the          6,125        

insured's enrollment date as to a condition for which medical      6,127        

advice, diagnosis, care, or treatment was recommended or received  6,128        

during a specified period immediately preceding the enrollment     6,131        

date.  Genetic information shall not be treated as such a          6,132        

condition in the absence of a diagnosis of the condition related   6,133        

to such information.                                               6,134        

      For purposes of this division, "enrollment date" means,      6,136        

with respect to an individual covered under a group health         6,137        

benefit plan, the date of enrollment of the individual in the      6,138        

plan or, if earlier, the first day of the waiting period for such  6,140        

enrollment.                                                                     

      (M)  "Service waiting period" means the period of time       6,142        

after employment begins before an employee is eligible to be       6,143        

covered for benefits under the terms of any applicable health      6,145        

benefit plan offered by the small employer.                                     

      (N)(1)  "Small employer" means, in connection with a group   6,149        

health benefit plan and with respect to a calendar year and a                   

plan year, an employer who employed an average of at least two     6,150        

but no more than fifty eligible employees on business days during  6,152        

the preceding calendar year and who employs at least two           6,154        

employees on the first day of the plan year.                                    

                                                          134    


                                                                 
      (2)  For purposes of division (N)(1) of this section, all    6,157        

persons treated as a single employer under subsection (b), (c),    6,158        

(m), or (o) of section 414 of the "Internal Revenue Code of        6,162        

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, shall be         6,166        

considered one employer.  In the case of an employer that was not  6,167        

in existence throughout the preceding calendar year, the           6,168        

determination of whether the employer is a small or large          6,169        

employer shall be based on the average number of eligible          6,170        

employees that it is reasonably expected the employer will employ  6,171        

on business days in the current calendar year.  Any reference in   6,172        

division (N) of this section to an "employer" includes any         6,174        

predecessor of the employer.  Except as otherwise specifically     6,175        

provided, provisions of sections 3924.01 to 3924.14 of the         6,176        

Revised Code that apply to a small employer that has a health      6,177        

benefit plan shall continue to apply until the plan anniversary    6,178        

following the date the employer no longer meets the requirements   6,179        

of this division.                                                               

      (O)  "SEHC OHC plan" means an Ohio small employer health     6,183        

care plan, which is a health benefit THE BASIC, STANDARD, OR       6,184        

CARRIER REIMBURSEMENT plan for small individuals and employers     6,186        

AND INDIVIDUALS established by the board in accordance with        6,187        

section 3924.10 of the Revised Code.                               6,188        

      Sec. 3924.03.  Except as otherwise provided in section 2721  6,197        

of the "Health Insurance Portability and Accountability Act of     6,203        

1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-21,  6,209        

as amended, health benefit plans covering small employers are      6,210        

subject to the following conditions, as applicable:                             

      (A)(1)  Pre-existing conditions provisions shall not         6,212        

exclude or limit coverage for a period beyond twelve months, or    6,213        

eighteen months in the case of a late enrollee, following the      6,214        

individual's enrollment date and may only relate to a physical or  6,217        

mental condition, regardless of the cause of the condition, for    6,219        

which medical advice, diagnosis, care, or treatment was            6,220        

recommended or received within the six months immediately                       

                                                          135    


                                                                 
preceding the enrollment date.                                     6,222        

      Division (A)(1) of this section is subject to the            6,225        

exceptions set forth in section 2701(d) of the "Health Insurance   6,228        

Portability and Accountability Act of 1996."                       6,231        

      (2)  The period of any such pre-existing condition           6,233        

exclusion shall be reduced by the aggregate of the periods of      6,234        

creditable coverage, if any, applicable to the employee or         6,235        

dependent as of the enrollment date.                               6,236        

      (3)  A period of creditable coverage shall not be counted,   6,239        

with respect to enrollment of an individual under a group health   6,240        

benefit plan, if, after that period and before the enrollment      6,241        

date, there was a sixty-three-day period during all of which the   6,242        

individual was not covered under any creditable coverage.          6,243        

Subsections (c)(2) to (4) and (e) of section 2701 of the "Health   6,245        

Insurance Portability and Accountability Act of 1996" apply with   6,249        

respect to crediting previous coverage.                            6,250        

      (4)  As used in division (A) of this section:                6,253        

      (a)  "Creditable coverage" has the same meaning as in        6,256        

section 2701(c)(1) of the "Health Insurance Portability and        6,259        

Accountability Act of 1996."                                       6,261        

      (b)  "Enrollment date" means, with respect to an individual  6,264        

covered under a group health benefit plan, the date of enrollment  6,265        

of the individual in the plan or, if earlier, the first day of     6,266        

the waiting period for such enrollment.                                         

      (B)(1)  Except as provided in section 2712(b) to (e) of the  6,269        

"Health Insurance Portability and Accountability Act of 1996," if  6,270        

a carrier offers coverage in the small employer market in          6,271        

connection with a group health benefit plan, the carrier shall     6,272        

renew or continue in force such coverage at the option of the      6,273        

plan sponsor of the plan.                                          6,274        

      (2)  A carrier may cancel or decide not to renew the         6,276        

coverage of any eligible employee or of a dependent of an          6,277        

eligible employee if the employee or dependent, as applicable,     6,279        

has performed an act or practice that constitutes fraud or made    6,280        

                                                          136    


                                                                 
an intentional misrepresentation of material fact under the terms  6,281        

of the coverage and if the cancellation or nonrenewal is not                    

based, either directly or indirectly, on any health                6,282        

status-related factor in relation to the employee or dependent.    6,283        

      As used in division (B)(2) of this section, "health          6,286        

status-related factor" has the same meaning as in section                       

3924.031 of the Revised Code.                                      6,287        

      (C)  A carrier shall not exclude any eligible employee or    6,289        

dependent, who would otherwise be covered under a health benefit   6,290        

plan, on the basis of any actual or expected health condition of   6,292        

the employee or dependent.                                                      

      If, prior to November 24, 1995, a carrier excluded an        6,296        

eligible employee or dependent, other than a late enrollee, on     6,297        

the basis of an actual or expected health condition, the carrier   6,298        

shall, upon the initial renewal of the coverage on or after that   6,299        

date, extend coverage to the employee or dependent if all other    6,300        

eligibility requirements are met.                                               

      (D)  No health benefit plan issued by a carrier shall limit  6,303        

or exclude, by use of a rider or amendment applicable to a                      

specific individual, coverage by type of illness, treatment,       6,305        

medical condition, or accident, except for pre-existing            6,306        

conditions as permitted under division (A) of this section.  If a  6,307        

health benefit plan that is delivered or issued for delivery       6,309        

prior to April 14, 1993, contains such limitations or exclusions,  6,311        

by use of a rider or amendment applicable to a specific            6,312        

individual, the plan shall eliminate the use of such riders or     6,313        

amendments within eighteen months after April 14, 1993.            6,314        

      (E)(1)  Except as provided in sections 3924.031 and          6,317        

3924.032 of the Revised Code, and subject to such rules as may be  6,320        

adopted by the superintendent of insurance in accordance with                   

Chapter 119. of the Revised Code, a carrier shall offer and make   6,322        

available every health benefit plan that it is actively marketing  6,323        

to every small employer that applies to the carrier for such       6,324        

coverage.                                                                       

                                                          137    


                                                                 
      Division (E)(1) of this section does not apply to a health   6,327        

benefit plan that a carrier makes available in the small employer  6,328        

market only through one or more bona fide associations.            6,329        

      Division (E)(1) of this section shall not be construed to    6,332        

preclude a carrier from establishing employer contribution rules   6,333        

or group participation rules for the offering of coverage in       6,334        

connection with a group health benefit plan in the small employer  6,335        

market, as allowed under the law of this state.  As used in        6,336        

division (E)(1) of this section, "employer contribution rule"      6,338        

means a requirement relating to the minimum level or amount of     6,339        

employer contribution toward the premium for enrollment of         6,340        

employees and dependents and "group participation rule" means a    6,341        

requirement relating to the minimum number of employees or         6,342        

dependents that must be enrolled in relation to a specified        6,343        

percentage or number of eligible individuals or employees of an    6,344        

employer.                                                                       

      (2)  Each health benefit plan, at the time of initial group  6,346        

enrollment, shall make coverage available to all the eligible      6,347        

employees of a small employer without a service waiting period.    6,348        

The decision of whether to impose a service waiting period shall   6,350        

be made by the small employer.  Such waiting periods shall not be  6,351        

greater than ninety days.                                          6,352        

      (3)  Each health benefit plan shall provide for the special  6,355        

enrollment periods described in section 2701(f) of the "Health     6,357        

Insurance Portability and Accountability Act of 1996."             6,361        

      (4)  AT LEAST ONCE IN EVERY TWELVE-MONTH PERIOD, A CARRIER   6,364        

SHALL PROVIDE TO ALL LATE ENROLLEES WHO ARE IDENTIFIED BY THE                   

SMALL EMPLOYER, THE OPTION TO ENROLL IN THE HEALTH BENEFIT PLAN.   6,366        

THE ENROLLMENT OPTION SHALL BE PROVIDED FOR A MINIMUM PERIOD OF    6,367        

THIRTY CONSECUTIVE DAYS.  ALL DELAYS OF COVERAGE IMPOSED UNDER     6,368        

THE HEALTH BENEFIT PLAN, INCLUDING ANY PRE-EXISTING CONDITION      6,369        

EXCLUSION PERIOD, AFFILIATION PERIOD, OR SERVICE WAITING PERIOD,   6,370        

SHALL BEGIN ON THE DATE THE CARRIER RECEIVES NOTICE OF THE LATE    6,371        

ENROLLEE'S APPLICATION OR REQUEST FOR COVERAGE, AND SHALL RUN      6,372        

                                                          138    


                                                                 
CONCURRENTLY WITH EACH OTHER.                                      6,373        

      (F)  The benefit structure of any health benefit plan may,   6,376        

at the time of coverage renewal, be changed by the carrier to      6,378        

make it consistent with the benefit structure contained in health  6,379        

benefit plans being marketed to new small employer groups.  If     6,380        

the health benefit plan is available in the small employer market  6,382        

other than only through one or more bona fide associations, the    6,383        

modification must be consistent with the law of this state and     6,384        

effective on a uniform basis among small employer group plans.     6,385        

      (G)  A carrier may obtain any facts and information          6,387        

necessary to apply this section, or supply those facts and         6,388        

information to any other third-party payer, without the consent    6,389        

of the beneficiary.  Each person claiming benefits under a health  6,390        

benefit plan shall provide any facts and information necessary to  6,391        

apply this section.                                                6,392        

      For purposes of this section, "bona fide association" means  6,395        

an association that has been actively in existence for at least    6,396        

five years; has been formed and maintained in good faith for       6,397        

purposes other than obtaining insurance; does not condition        6,398        

membership in the association on any health status-related         6,399        

factor, as defined in section 3924.031 of the Revised Code,        6,401        

relating to an individual, including an employee or dependent;     6,402        

makes health insurance coverage offered through the association    6,403        

available to all members regardless of any health status-related   6,404        

factor, as defined in section 3924.031 of the Revised Code,        6,407        

relating to such members or to individuals eligible for coverage   6,408        

through a member; does not make health insurance coverage offered  6,409        

through the association available other than in connection with a  6,410        

member of the association; and meets any other requirement         6,411        

imposed by the superintendent.  To maintain its status as a "bona  6,412        

fide association," each association shall annually certify to the  6,413        

superintendent that it meets the requirements of this paragraph.   6,414        

      Sec. 3924.033.  (A)  Each carrier, in connection with the    6,424        

offering of a health benefit plan to a small employer, shall       6,425        

                                                          139    


                                                                 
disclose to the employer, as part of its solicitation and sales    6,426        

materials, that the information described in division (B) of this  6,427        

section is available upon request.                                 6,428        

      (B)  A carrier shall provide the following information to a  6,431        

small employer upon request:                                       6,432        

      (1)  The provisions of the plan concerning the carrier's     6,435        

right to change premium rates and the factors that may affect      6,436        

changes in premium rates;                                                       

      (2)  The provisions of the plan relating to renewability of  6,439        

coverage;                                                                       

      (3)  The provisions of the plan relating to any              6,441        

pre-existing condition exclusion;                                  6,442        

      (4)  The benefits and premiums available under all health    6,445        

benefit plans for which the employer is qualified.                              

      (C)(B)  The information described in division (B)(A) of      6,448        

this section shall be provided in a manner determined to be        6,449        

understandable by the average small employer, and in a manner      6,450        

sufficient to reasonably inform a small employer regarding the     6,451        

employer's rights and obligations under the health benefit plan.   6,453        

      (D)(C)  Nothing in this section requires a carrier to        6,456        

disclose any information that is by law proprietary and trade      6,457        

secret information.                                                             

      Sec. 3924.08.  (A)  The board of directors of the Ohio       6,467        

health reinsurance program shall consist of nine appointed         6,469        

members who shall serve staggered terms as determined by the       6,470        

initial board for its members and by the plan of operation of the  6,471        

program for members of subsequent boards.  Within thirty days      6,472        

after April 14, 1993, the members of the board shall be                         

appointed, as follows:                                             6,473        

      (1)  The chairperson of the senate committee having          6,475        

jurisdiction over insurance shall appoint the following members:   6,476        

      (a)  Two member carriers that are small employer carriers;   6,478        

      (b)  One member carrier that is a health insuring            6,480        

corporation predominantly in the small employer market;            6,481        

                                                          140    


                                                                 
      (c)  One representative of providers of health care.         6,483        

      (2)  The chairperson of the committee in the house of        6,485        

representatives having jurisdiction over insurance shall appoint   6,486        

the following members:                                             6,487        

      (a)  One member carrier that is a small employer carrier;    6,489        

      (b)  One member carrier whose principal health insurance     6,491        

business is in the large employer market;                          6,492        

      (c)  One representative of an employer with fifty or fewer   6,494        

employees;                                                         6,495        

      (d)  One representative of consumers in this state.          6,497        

      (3)  The superintendent of insurance shall appoint a         6,499        

representative of a member carrier operating in the small          6,501        

employer market who is a fellow of the society of actuaries.       6,502        

      The superintendent, a member of the house of                 6,504        

representatives appointed by the speaker of the house of           6,505        

representatives, and a member of the senate appointed by the       6,506        

president of the senate, shall be ex-officio members of the        6,507        

board.  The membership of all boards subsequent to the initial     6,508        

board shall reflect the distribution described in division (A) of  6,510        

this section.                                                                   

      The chairperson of the initial board and each subsequent     6,512        

board shall represent a small employer member carrier and shall    6,513        

be elected by a majority of the voting members of the board.       6,514        

Each chairperson shall serve for the maximum duration established  6,515        

in the plan of operation.                                          6,516        

      (B)  Within one hundred eighty days after the appointment    6,518        

of the initial board, the board shall establish a plan of          6,519        

operation and, thereafter, any amendments to the plan that are     6,520        

necessary or suitable, to assure the fair, reasonable, and         6,521        

equitable administration of the program.  The board shall,         6,522        

immediately upon adoption, provide to the superintendent copies    6,523        

of the plan of operation and all subsequent amendments to it.      6,524        

      (C)  The plan of operation shall establish rules,            6,526        

conditions, and procedures for all of the following:               6,527        

                                                          141    


                                                                 
      (1)  The handling and accounting of assets and moneys of     6,529        

the program and for an annual fiscal reporting to the              6,530        

superintendent;                                                    6,531        

      (2)  Filling vacancies on the board;                         6,533        

      (3)  Selecting an administering insurer, which shall be a    6,535        

carrier as defined in section 3924.01 of the Revised Code          6,536        

ADMINISTRATOR OF THE PROGRAM, and setting forth the powers and     6,538        

duties of the administering insurer; ADMINISTRATOR.  THE           6,539        

ADMINISTRATOR MAY BE A CARRIER AS DEFINED IN SECTION 3924.01 OF    6,540        

THE REVISED CODE OR A PERSON LICENSED AS AN ADMINISTRATOR UNDER    6,543        

CHAPTER 3959. OF THE REVISED CODE, OR THE BOARD MAY, IN ITS SOLE   6,546        

DISCRETION, CHOOSE TO SERVE AS ADMINISTRATOR OF THE PROGRAM.       6,547        

      (4)  Reinsuring risks in accordance with sections 3924.07    6,549        

to 3924.14 of the Revised Code;                                    6,550        

      (5)  Collecting assessments subject to section 3924.13 of    6,552        

the Revised Code from all members to provide for claims reinsured  6,553        

by the program and for administrative expenses incurred or         6,554        

estimated to be incurred during the period for which the           6,555        

assessment is made;                                                6,556        

      (6)  Providing protection for carriers from the financial    6,558        

risk associated with small employers that present poor credit      6,559        

risks;                                                             6,560        

      (7)  Establishing standards for the coverage of small        6,562        

employers that have a high turnover of employees;                  6,563        

      (8)  Establishing an appeals process for carriers to seek    6,565        

relief when a carrier has experienced an unfair share of           6,566        

administrative and credit risks;                                   6,567        

      (9)  Establishing the adjusted average market premium        6,569        

prices for use by the SEHC plan OHC PLANS for individuals, for     6,572        

groups of two to twenty-five employees, and for groups of          6,574        

twenty-six to fifty employees that are offered in the state;       6,575        

      (10)  Establishing participation standards at issue and      6,577        

renewal for reinsured cases;                                       6,578        

      (11)  Reinsuring risks and collecting assessments in         6,580        

                                                          142    


                                                                 
accordance with division (G) of section 3924.11 of the Revised     6,581        

Code;                                                              6,582        

      (12)  Any additional matters as determined by the board.     6,584        

      Sec. 3924.09.  The Ohio health reinsurance program shall     6,594        

have the general powers and authority granted under the laws of    6,595        

the state to insurance companies licensed to transact sickness     6,596        

and accident insurance, except the power to issue insurance.  The  6,597        

board of directors of the program also shall have the specific     6,598        

authority to do all of the following:                                           

      (A)  Enter into contracts as are necessary or proper to      6,600        

carry out the provisions and purposes of sections 3924.07 to       6,601        

3924.14 of the Revised Code, including the authority to enter      6,602        

into contracts with similar programs of other states for the       6,603        

joint performance of common functions, or with persons or other    6,604        

organizations for the performance of administrative functions;     6,605        

      (B)  Sue or be sued, including taking any legal actions      6,607        

necessary or proper for recovery of any assessments for, on        6,608        

behalf of, or against any program or board member;                 6,609        

      (C)  Take such legal action as is necessary to avoid the     6,611        

payment of improper claims against the program;                    6,612        

      (D)  Design the SEHC plan OHC PLANS which, when offered by   6,616        

a carrier, is ARE eligible for reinsurance and issue reinsurance   6,617        

policies in accordance with the requirements of sections 3924.07   6,619        

to 3924.14 of the Revised Code;                                    6,620        

      (E)  Establish rules, conditions, and procedures pertaining  6,622        

to the reinsurance of members' risks by the program;               6,623        

      (F)  Establish appropriate rates, rate schedules, rate       6,625        

adjustments, rate classifications, and any other actuarial         6,626        

functions appropriate to the operation of the program;             6,627        

      (G)  Assess members in accordance with division (G) of       6,630        

section 3924.11 and the provisions of section 3924.13 of the       6,631        

Revised Code, and make such advance interim assessments as may be  6,632        

reasonable and necessary for organizational and interim operating  6,633        

expenses.  Any interim assessments shall be credited as offsets    6,634        

                                                          143    


                                                                 
against any regular assessments due following the close of the     6,635        

calendar year.                                                                  

      (H)  Appoint members to appropriate legal, actuarial, and    6,637        

other committees if necessary to provide technical assistance      6,638        

with respect to the operation of the program, policy and other     6,639        

contract design, and any other function within the authority of    6,640        

the program;                                                       6,641        

      (I)  Borrow money to effect the purposes of the program.     6,643        

Any notes or other evidence of indebtedness of the program not in  6,644        

default shall be legal investments for carriers and may be         6,645        

carried as admitted assets.                                        6,646        

      (J)  Reinsure risks, collect assessments, and otherwise      6,648        

carry out its duties under division (G) of section 3924.11 of the  6,649        

Revised Code;                                                      6,650        

      (K)  Study the operation of the Ohio health reinsurance      6,652        

program and the open enrollment reinsurance program and, based on  6,654        

its findings, make legislative recommendations to the general      6,655        

assembly for improvements in the effectiveness, operation, and     6,656        

integrity of the programs;                                                      

      (L)  Design a basic and standard plan for purposes of        6,658        

sections 1751.16, 3923.122, and 3923.581 of the Revised Code.      6,659        

      Sec. 3924.10.  (A)  The board of directors of the Ohio       6,668        

health reinsurance program shall design the SEHC plan OHC BASIC,   6,670        

STANDARD, AND CARRIER REIMBURSEMENT PLANS which, when offered by   6,671        

a carrier, is ARE eligible for reinsurance under the program.      6,673        

The board shall establish the form and level of coverage to be     6,674        

made available by carriers in their SEHC plan OHC PLANS.  In       6,675        

designing the plan PLANS the board shall also establish benefit    6,677        

levels, deductibles, coinsurance factors, exclusions, and          6,678        

limitations for the plan PLANS.  The forms and levels of coverage  6,680        

established by the board shall specify which components of a       6,681        

health benefit plan PLANS offered by a carrier may be reinsured.   6,682        

The SEHC plan is OHC PLANS ARE subject to division (C) of section  6,684        

3924.02 of the Revised Code and to the provisions in Chapters      6,685        

                                                          144    


                                                                 
1751., 1753., 3923., and any other chapter of the Revised Code     6,687        

that require coverage or the offer of coverage of a health care    6,688        

service or benefit.                                                             

      (B)  The board shall adopt the SEHC plan OHC PLANS within    6,691        

one hundred eighty days after its appointment THE EFFECTIVE DATE   6,692        

OF THIS AMENDMENT.  The plan PLANS may include cost containment    6,694        

features including any of the following:                                        

      (1)  Utilization review of health care services, including   6,696        

review of the medical necessity of hospital and physician          6,697        

services;                                                          6,698        

      (2)  Case management benefit alternatives;                   6,700        

      (3)  Selective contracting with hospitals, physicians, and   6,702        

other health care providers;                                       6,703        

      (4)  Reasonable benefit differentials applicable to          6,705        

participating and nonparticipating providers;                      6,706        

      (5)  Employee assistance program options that provide        6,708        

preventive and early intervention mental health and substance      6,709        

abuse services;                                                    6,710        

      (6)  Other provisions for the cost-effective management of   6,712        

the plan PLANS.                                                    6,713        

      (C)  An SEHC plan OHC PLANS established for use by health    6,717        

insuring corporations shall be consistent with the basic method    6,720        

of operation of such corporations.                                              

      (D)  Each carrier shall certify to the superintendent of     6,722        

insurance, in the form and manner prescribed by the                6,723        

superintendent, that the SEHC plan OHC PLANS filed by the carrier  6,725        

is ARE in substantial compliance with the provisions of the board  6,727        

SEHC plan OHC PLANS.  Upon receipt by the superintendent of the    6,729        

certification, the carrier may use the certified plan PLANS.       6,730        

      (E)  Each carrier shall, on and after sixty days after the   6,732        

date that the program becomes operational and as a condition of    6,733        

transacting business in this state, renew coverage provided to     6,734        

any individual or group under its SEHC plan OHC PLANS.             6,736        

      Sec. 3924.11.  Any member of the Ohio health reinsurance     6,746        

                                                          145    


                                                                 
program may reinsure small employer groups or individuals in       6,747        

accordance with the following conditions and limitations:          6,748        

      (A)  With respect to eligible employees and their            6,750        

dependents who are hired subsequent to the commencement of the     6,751        

employer's coverage by a carrier and who are not late enrollees,   6,752        

and with respect to employees of an employer who are otherwise     6,753        

eligible for insurance but were excluded by the carrier's          6,754        

underwriting and who are not late enrollees, coverage may be       6,755        

reinsured in any of the following ways:                            6,756        

      (1)  Except in the case of late enrollees, within sixty      6,758        

days after the commencement of their coverage under the plan;      6,759        

      (2)  In the case of late enrollees who were not eligible to  6,762        

enroll during a special enrollment period described in section     6,763        

2701(f) of the "Health Insurance Portability and Accountability    6,765        

Act of 1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A.     6,768        

300gg-42, as amended, eighteen months after the date the late      6,770        

enrollee becomes a member of the small employer's plan;            6,771        

      (3)  In the case of late enrollees who were eligible to      6,773        

enroll during a special enrollment period described in section     6,774        

2701(f) of the "Health Insurance Portability and Accountability    6,776        

Act of 1996," as amended, within sixty days after the              6,778        

commencement of their coverage under the plan A SMALL EMPLOYER     6,780        

GROUP OR INDIVIDUAL MAY BE REINSURED WITHIN SIXTY DAYS AFTER THE   6,781        

COMMENCEMENT OF THE GROUP'S OR INDIVIDUAL'S COVERAGE UNDER THE     6,782        

PLAN.                                                                           

      (B)(1)  The carrier may reinsure either the entire eligible  6,785        

group or any eligible individual, in accordance with the premium   6,787        

rates established in section 3924.12 of the Revised Code, upon     6,789        

commencement of the coverage.                                                   

      (2)  The carrier may reinsure an eligible employee, or the   6,792        

dependents of an eligible employee, who were previously excluded   6,793        

from group coverage for medical reasons, and shall reinsure such   6,794        

employees or dependents within sixty days after the carrier is     6,795        

required to include them in the group coverage.                                 

                                                          146    


                                                                 
      (C)  With respect to an SEHC OHC plan, the program shall     6,798        

reinsure the level of coverage provided.                                        

      (D)  With respect to other plans issued to small employers,  6,800        

the program shall reinsure the level of coverage provided up to,   6,801        

but not exceeding, the level of coverage provided in an SEHC OHC   6,803        

CARRIER REIMBURSEMENT plan.  In the coverage provided to small     6,804        

employers, carriers shall be required to use high-cost care        6,805        

management, hospital precertification techniques, and other cost   6,806        

containment mechanisms established by the program.                 6,807        

      (E)  A carrier may not reinsure existing business, except    6,809        

pursuant to division (A) of this section.                          6,810        

      (F)  If an employer group is covered under a plan other      6,812        

than an SEHC OHC CARRIER REIMBURSEMENT plan and the carrier        6,814        

chooses to reinsure the group subsequent to the initial coverage   6,815        

period, or if a new individual joins the group and the carrier     6,816        

wants to reinsure that individual, the carrier shall not force     6,817        

the employer to change to an SEHC OHC CARRIER REIMBURSEMENT plan.  6,818        

The carrier shall allow the employer to maintain the same benefit  6,820        

plan and reinsure only that portion of the plan that is            6,821        

consistent with an SEHC OHC CARRIER REIMBURSEMENT plan.            6,822        

      (G)  With respect to coverage provided to an individual      6,824        

acquired under section 3923.58 or a federally eligible individual  6,826        

acquired under section 3923.581 of the Revised Code, the           6,827        

following conditions and limitations apply:                        6,828        

      (1)  Within sixty days after the commencement of the         6,831        

initial coverage, any carrier may reinsure coverage of such an     6,832        

individual with the open enrollment reinsurance program in         6,834        

accordance with division (G) of this section.   Premium rates      6,835        

charged for coverage reinsured by the program shall be             6,837        

established in accordance with section 3924.12 of the Revised      6,838        

Code.                                                                           

      (2)  The board of directors of the Ohio health reinsurance   6,841        

program shall establish the open enrollment reinsurance fund for   6,842        

coverage provided under section 3923.58 of the Revised Code and,   6,843        

                                                          147    


                                                                 
with respect to federally eligible individuals, coverage provided  6,845        

under section 3923.581 of the Revised Code.  The fund shall be     6,846        

maintained separately from any reinsurance fund established for    6,847        

small employer OHIO health care plans issued pursuant to sections  6,848        

3924.07 to 3924.14 of the Revised Code.  The board shall           6,849        

calculate, on a retrospective basis, the amount needed for         6,850        

maintenance of the open enrollment reinsurance fund and, on the    6,851        

basis of that calculation, shall determine the amount to be        6,852        

assessed each carrier that is required to provide open enrollment  6,853        

coverage.                                                          6,854        

      Assessments shall be apportioned by the board among all      6,856        

carriers participating in the open enrollment reinsurance program  6,857        

in proportion to their respective shares of the total premiums,    6,858        

net of reinsurance premiums paid by a carrier for open enrollment  6,859        

coverage and net of reinsurance premiums paid by the carrier for   6,860        

all other individual health benefit plans, earned in this state    6,862        

from all health benefit plans covering individuals that are                     

issued by all such carriers during the calendar year coinciding    6,865        

with or ending during the fiscal year of the open enrollment       6,866        

program, or on any other equitable basis reflecting coverage of    6,867        

individuals in this state as may be provided in the plan of        6,868        

operation adopted by the board.  In no event shall the assessment  6,869        

of any carrier under this section exceed, on an annual basis,      6,871        

three per cent of its Ohio premiums for health benefit plans       6,872        

covering individuals as reported on its most recent annual         6,873        

statement filed with the superintendent of insurance.              6,874        

      The board shall submit its determination of the amount of    6,876        

the assessment to the superintendent for review of the accuracy    6,878        

of the calculation of the assessment.  Upon approval by the        6,879        

superintendent, each carrier shall, within thirty days after       6,880        

receipt of the notice of assessment, submit the assessment to the  6,881        

board for purposes of the open enrollment reinsurance fund.        6,882        

      (3)  If the assessments made and collected pursuant to       6,884        

division (G)(2) of this section are not sufficient to pay the      6,885        

                                                          148    


                                                                 
claims reinsured under division (G) of this section and the        6,886        

allocated administrative expenses, incurred or estimated to be     6,887        

incurred during the period for which the assessment was made, the  6,888        

secretary of the board shall immediately notify the                6,889        

superintendent, and the superintendent shall suspend the           6,890        

operation of open enrollment under section 3923.58 of the Revised  6,891        

Code and, with respect to federally eligible individuals, under    6,892        

section 3923.581 of the Revised Code until the board has           6,893        

collected in subsequent years through assessments made pursuant    6,894        

to division (G)(2) of this section an amount sufficient to pay     6,895        

such claims and administrative expenses.                                        

      (4)(a)  Any carrier that is subject to open enrollment       6,897        

under section 3923.58 of the Revised Code may elect not to         6,899        

participate in the open enrollment reinsurance program under       6,900        

division (G) of this section by filing an application with the     6,901        

superintendent and obtaining the superintendent's approval.  In    6,902        

determining whether to approve an application, the superintendent  6,903        

shall consider whether the carrier meets all of the following      6,904        

standards:                                                         6,905        

      (i)  Demonstration by the carrier of a substantial and       6,907        

established market presence;                                       6,908        

      (ii)  Demonstrated experience in the individual market and   6,911        

history of rating and underwriting individual plans;               6,912        

      (iii)  Commitment to comply with the requirements of         6,914        

section 3923.58 of the Revised Code;                               6,915        

      (iv)  Financial ability to assume and manage the risk of     6,917        

enrolling open enrollment individuals without the need for, or     6,919        

protection of, reinsurance.                                                     

      (b)  A carrier whose application for nonparticipation has    6,921        

been rejected by the superintendent may appeal the decision in     6,922        

accordance with Chapter 119. of the Revised Code.  A carrier that  6,923        

has received approval of the superintendent not to participate in  6,924        

the open enrollment reinsurance program shall, on or before the    6,925        

first day of December, annually certify to the superintendent      6,926        

                                                          149    


                                                                 
that it continues to meet the standards described in division      6,927        

(G)(4)(a) of this section.                                         6,928        

      (c)  In any year subsequent to the year in which its         6,930        

application not to participate has been approved, a carrier may    6,931        

elect to participate in the open enrollment reinsurance program    6,932        

by giving notice to the superintendent and board on or before the  6,933        

thirty-first day of December.  If, after a period of               6,934        

nonparticipation, a carrier elects to participate in the open      6,935        

enrollment reinsurance program, the carrier retains the risks it   6,936        

assumed during the period when it was not participating.           6,937        

      (d)  The superintendent may, at any time, authorize a        6,939        

carrier to modify an election not to participate if the risk from  6,940        

the carrier's open enrollment business jeopardizes the financial   6,941        

condition of the carrier.  If the superintendent authorizes the    6,942        

carrier to again participate in the open enrollment reinsurance    6,943        

program, the carrier shall retain the risks it assumed during the  6,944        

period of nonparticipation.                                        6,945        

      (5)(a)  The open enrollment reinsurance program shall be     6,948        

operated separately from the Ohio health reinsurance program.      6,949        

      (b)  A carrier's election to participate in the open         6,951        

enrollment reinsurance program under division (G) of this section  6,953        

shall not be construed as an election to participate in the Ohio   6,954        

health reinsurance program under section 3924.07 of the Revised    6,955        

Code.                                                                           

      Sec. 3924.13.  (A)  Following the close of each calendar     6,964        

year, the administering insurer ADMINISTRATOR of the Ohio health   6,965        

reinsurance program shall determine the net premiums, the program  6,966        

expenses for administration, and the incurred losses, if any, for  6,967        

the year, taking into account investment income and other          6,968        

appropriate gains and losses.  For purposes of this section,       6,969        

health benefit plan premiums earned by MEWAs shall be established  6,970        

by adding paid claim losses and administrative expenses of the     6,971        

MEWA.  Health benefit plan premiums and benefits paid by a         6,973        

carrier that are less than an amount determined by the board of    6,974        

                                                          150    


                                                                 
directors of the program to justify the cost of collection shall   6,975        

not be considered for purposes of determining assessments.  For    6,976        

purposes of this division, "net premiums" means health benefit     6,977        

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    6,979        

assessments of carriers in accordance with this division.          6,980        

Assessments shall be apportioned by the board among all carriers   6,981        

participating in the program in proportion to their respective     6,982        

shares of the total premiums, net of reinsurance premiums paid     6,983        

for coverage under this program earned in the state from health    6,984        

benefit plans covering small employers that are issued by          6,985        

participating members during the calendar year coinciding with or  6,986        

ending during the fiscal year of the program, or on any other      6,987        

equitable basis reflecting coverage of small employers as may be   6,988        

provided in the plan of operation.  An assessment shall be made    6,989        

pursuant to this division against a health insuring corporation    6,990        

that is approved by the secretary of health and human services as  6,993        

a federally qualified health maintenance organization pursuant to  6,994        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   6,995        

as amended, subject to an assessment adjustment formula adopted    6,996        

by the board for such health insuring corporations that            6,997        

recognizes the restrictions imposed on the entities by federal     6,999        

law.  The adjustment formula shall be adopted by the board prior   7,001        

to the first anniversary of the program's operation.  In no event  7,002        

shall the assessment made pursuant to this division exceed, on an  7,003        

annual basis, one per cent of the carrier's Ohio small employer    7,005        

group premium as reported on its most recent annual statement      7,006        

filed with the superintendent of insurance.  If an excess is       7,007        

actuarially projected, the superintendent may take any action      7,008        

necessary to lower the assessment to the maximum level of one per  7,009        

cent.                                                                           

      (C)  If assessments exceed actual losses and administrative  7,011        

expenses of the program, the excess shall be held at interest and  7,012        

used by the board to offset future losses or to reduce program     7,013        

                                                          151    


                                                                 
premiums.  As used in this division, "future losses" includes      7,014        

reserves for incurred but not reported claims.                     7,015        

      (D)  Each carrier's proportion of participation in the       7,017        

program shall be determined annually by the board based on annual  7,019        

statements and other reports deemed necessary by the board and     7,020        

filed by the carrier with the board.  MEWAs shall report to the    7,021        

board claims payments made and administrative expenses incurred    7,022        

in this state on an annual basis on a form prescribed by the       7,023        

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    7,025        

the imposition of an interest penalty for late payment of          7,026        

assessments.                                                       7,027        

      (F)  A carrier may seek from the superintendent a            7,029        

deferment, in whole or in part, from any assessment issued by the  7,030        

board.  The superintendent may defer, in whole or in part, the     7,031        

assessment of a carrier if, in the opinion of the superintendent,  7,032        

payment of the assessment would endanger the carrier's ability to  7,033        

fulfill its contractual obligations.                               7,034        

      (G)  In the event an assessment against a carrier is         7,036        

deferred in whole or in part, the amount by which the assessment   7,037        

is deferred may be assessed against the other carriers in a        7,038        

manner consistent with the basis for assessments set forth in      7,039        

this section.  In such event, the other carriers assessed shall    7,040        

have a claim in the amount of the assessment against the carrier   7,041        

receiving the deferment.  The carrier receiving the deferment      7,042        

shall remain liable to the program for the amount deferred.  The   7,043        

superintendent may attach appropriate conditions to any            7,044        

deferment.                                                         7,045        

      Sec. 3999.22.  (A)  As used in this section:                 7,054        

      (1)  "Claim" means any attempt to cause a health care        7,056        

insurer to make payment of a health care benefit.                  7,057        

      (2)  "Health care benefit" means the right under a contract  7,059        

or a certificate or policy of insurance to have a payment made by  7,060        

a health care insurer for a specified health care service.         7,061        

                                                          152    


                                                                 
      (3)  "Health care insurer" means any person that is          7,063        

authorized to do the business of sickness and accident             7,065        

insurance;, any prepaid dental plan, medical care corporation,     7,066        

health care corporation, dental care corporation, or health        7,067        

maintenance organization; INSURING CORPORATION, and any legal      7,068        

entity that is self-insured and provides health care benefits to   7,070        

its employees or members.                                                       

      (B)  No person shall knowingly solicit, offer, pay, or       7,072        

receive any kickback, bribe, or rebate, directly or indirectly,    7,073        

overtly or covertly, in cash or in kind, in return for referring   7,074        

an individual for the furnishing of health care services or goods  7,075        

for which whole or partial reimbursement is or may be made by a    7,076        

health care insurer, except as authorized by the health care or    7,077        

health insurance contract, policy, or plan.  This division does    7,078        

not apply to any of the following:                                 7,079        

      (1)  Deductibles, copayments, or similar amounts owed by     7,081        

the person covered by the health care or health insurance          7,082        

contract, policy, or plan;                                         7,083        

      (2)  Discounts or similar reductions in prices;              7,085        

      (3)  Any amount paid within a bona fide legal entity, or     7,087        

within legal entities under common ownership or control,           7,088        

including any amount paid to an employee in a bona fide            7,089        

employment relationship;                                           7,090        

      (4)  Any amount paid as part of a bona fide lease,           7,092        

management, or other business contract.                            7,093        

      (C)  Nothing in this section shall be construed to apply to  7,095        

any of the following:                                              7,096        

      (1)  A provider who provides goods or services requested by  7,098        

an individual that are not covered by the individual's health      7,099        

care or health insurance contract, policy, or plan;                7,100        

      (2)  A provider who, in good faith, provides goods or        7,102        

services ordered by another health care provider;                  7,103        

      (3)  A provider who, in good faith, resubmits a claim        7,105        

previously submitted that has not been paid or denied within       7,106        

                                                          153    


                                                                 
thirty days of the original submission, if the provider notifies   7,107        

the payor or returns any duplicate payment within sixty days       7,108        

after receipt of the duplicate payment;                            7,109        

      (4)  A provider who, in good faith, makes a diagnosis that   7,111        

differs from the interpretation of a diagnosis reached by a        7,112        

health care insurer in the payment of claims.                      7,113        

      (D)  Whoever violates this section is guilty of a felony of  7,115        

the fifth degree on a first offense and a felony of the fourth     7,116        

degree on each subsequent offense.                                 7,117        

      Sec. 4503.104.  IN ADDITION TO THE FEES COLLECTED UNDER      7,120        

SECTIONS 4503.10 AND 4503.102 OF THE REVISED CODE, THE REGISTRAR   7,123        

OF MOTOR VEHICLES OR DEPUTY REGISTRAR SHALL ASK EACH PERSON        7,124        

APPLYING FOR OR RENEWING A MOTOR VEHICLE REGISTRATION WHETHER THE  7,125        

PERSON WISHES TO MAKE A ONE-DOLLAR VOLUNTARY CONTRIBUTION TO THE   7,127        

SAVE OUR SIGHT FUND ESTABLISHED UNDER SECTION 3701.18 OF THE       7,128        

REVISED CODE.  EVERY APPLICATION FOR REGISTRATION OR RENEWAL       7,130        

NOTICE SHALL STATE WHETHER THE OWNER OF THE MOTOR VEHICLE WISHES   7,131        

TO MAKE A ONE-DOLLAR VOLUNTARY CONTRIBUTION TO THE SAVE OUR SIGHT  7,132        

FUND ESTABLISHED UNDER SECTION 3701.18 OF THE REVISED CODE.  THE   7,135        

REGISTRAR OR DEPUTY REGISTRAR SHALL ALSO MAKE AVAILABLE TO EACH    7,136        

PERSON APPLYING FOR OR RENEWING A MOTOR VEHICLE REGISTRATION       7,137        

INFORMATIONAL MATERIALS ON THE IMPORTANCE OF EYE CARE AND SAFETY   7,138        

PROVIDED BY THE DIRECTOR OF HEALTH UNDER DIVISION (C)(2) OF        7,139        

SECTION 3701.18 OF THE REVISED CODE.                               7,140        

      ALL DONATIONS COLLECTED UNDER THIS SECTION DURING EACH       7,142        

CALENDAR QUARTER SHALL BE FORWARDED BY THE REGISTRAR TO THE        7,143        

TREASURER OF STATE, WHO SHALL DEPOSIT THEM INTO THE SAVE OUR       7,145        

SIGHT FUND.                                                                     

      Sec. 4715.22.  (A)  AS USED IN THIS SECTION, "HEALTH CARE    7,155        

FACILITY" MEANS EITHER OF THE FOLLOWING:                                        

      (1)  A HOSPITAL REGISTERED UNDER SECTION 3701.07 OF THE      7,157        

REVISED CODE;                                                      7,158        

      (2)  A "HOME" AS DEFINED IN SECTION 3721.01 OF THE REVISED   7,160        

CODE.                                                              7,161        

                                                          154    


                                                                 
      (B)  A licensed dental hygienist may SHALL practice UNDER    7,164        

THE SUPERVISION, ORDER, CONTROL, AND FULL RESPONSIBILITY OF A      7,165        

DENTIST LICENSED UNDER THIS CHAPTER.  A DENTAL HYGIENIST MAY                    

PRACTICE in a dental office, public or private school, hospital    7,166        

HEALTH CARE FACILITY, dispensary, or public institution, provided  7,167        

the service is rendered under the supervision of a licensed        7,168        

dentist of this state.  EXCEPT AS PROVIDED IN DIVISION (C) OR (D)  7,170        

OF THIS SECTION, A DENTAL HYGIENIST MAY NOT PROVIDE DENTAL         7,171        

HYGIENE SERVICES TO A PATIENT WHEN THE SUPERVISING DENTIST IS NOT  7,172        

PHYSICALLY PRESENT AT THE LOCATION WHERE THE DENTAL HYGIENIST IS   7,173        

PRACTICING.                                                                     

      (C)  A DENTAL HYGIENIST MAY PROVIDE, FOR NOT MORE THAN       7,176        

FIFTEEN CONSECUTIVE BUSINESS DAYS, DENTAL HYGIENE SERVICES TO A    7,177        

PATIENT WHEN THE SUPERVISING DENTIST IS NOT PHYSICALLY PRESENT AT  7,178        

THE LOCATION AT WHICH THE SERVICES ARE PROVIDED IF ALL OF THE      7,179        

FOLLOWING REQUIREMENTS ARE MET:                                    7,180        

      (1)  THE DENTAL HYGIENIST HAS AT LEAST TWO YEARS AND A       7,182        

MINIMUM OF THREE THOUSAND HOURS OF EXPERIENCE IN THE PRACTICE OF   7,183        

DENTAL HYGIENE.                                                    7,184        

      (2)  THE DENTAL HYGIENIST HAS SUCCESSFULLY COMPLETED A       7,186        

COURSE APPROVED BY THE STATE DENTAL BOARD IN THE IDENTIFICATION    7,189        

AND PREVENTION OF POTENTIAL MEDICAL EMERGENCIES.                   7,190        

      (3)  THE DENTAL HYGIENIST COMPLIES WITH WRITTEN PROTOCOLS    7,192        

FOR EMERGENCIES THE SUPERVISING DENTIST ESTABLISHES.               7,193        

      (4)  THE DENTAL HYGIENIST DOES NOT PERFORM, WHILE THE        7,195        

SUPERVISING DENTIST IS ABSENT FROM THE LOCATION, PROCEDURES WHILE  7,196        

THE PATIENT IS ANESTHETIZED, DEFINITIVE ROOT PLANING, DEFINITIVE   7,197        

SUBGINGIVAL CURETTAGE, OR OTHER PROCEDURES IDENTIFIED IN RULES     7,198        

THE STATE DENTAL BOARD ADOPTS.                                     7,199        

      (5)  THE SUPERVISING DENTIST HAS EVALUATED THE DENTAL        7,201        

HYGIENIST'S SKILLS.                                                7,202        

      (6)  THE SUPERVISING DENTIST EXAMINED THE PATIENT NOT MORE   7,204        

THAN SEVEN MONTHS PRIOR TO THE DATE THE DENTAL HYGIENIST PROVIDES  7,206        

THE DENTAL HYGIENE SERVICES TO THE PATIENT.                                     

                                                          155    


                                                                 
      (7)  THE DENTAL HYGIENIST COMPLIES WITH WRITTEN PROTOCOLS    7,208        

OR WRITTEN STANDING ORDERS THAT THE SUPERVISING DENTIST            7,209        

ESTABLISHES.                                                                    

      (8)  THE SUPERVISING DENTIST COMPLETED AND EVALUATED A       7,211        

MEDICAL AND DENTAL HISTORY OF THE PATIENT NOT MORE THAN ONE YEAR   7,212        

PRIOR TO THE DATE THE DENTAL HYGIENIST PROVIDES DENTAL HYGIENE     7,213        

SERVICES TO THE PATIENT AND, EXCEPT WHEN THE DENTAL HYGIENE        7,214        

SERVICES ARE PROVIDED IN A HEALTH CARE FACILITY, THE SUPERVISING   7,215        

DENTIST DETERMINES THAT THE PATIENT IS IN A MEDICALLY STABLE       7,216        

CONDITION.                                                         7,217        

      (9)  IF THE DENTAL HYGIENE SERVICES ARE PROVIDED IN A        7,219        

HEALTH CARE FACILITY, A DOCTOR OF MEDICINE AND SURGERY OR          7,221        

OSTEOPATHIC MEDICINE AND SURGERY WHO HOLDS A CURRENT CERTIFICATE   7,222        

ISSUED UNDER CHAPTER 4731. OF THE REVISED CODE OR A REGISTERED     7,225        

NURSE LICENSED UNDER CHAPTER 4723. OF THE REVISED CODE IS PRESENT  7,228        

IN THE HEALTH CARE FACILITY WHEN THE SERVICES ARE PROVIDED.        7,229        

      (10)  IN ADVANCE OF THE APPOINTMENT FOR DENTAL HYGIENE       7,232        

SERVICES, THE PATIENT IS NOTIFIED THAT THE SUPERVISING DENTIST     7,233        

WILL BE ABSENT FROM THE LOCATION AND THAT THE DENTAL HYGIENIST     7,234        

CANNOT DIAGNOSE THE PATIENT'S DENTAL HEALTH CARE STATUS.           7,235        

      (11)  THE DENTAL HYGIENIST IS EMPLOYED BY, OR UNDER          7,237        

CONTRACT WITH, ONE OF THE FOLLOWING:                               7,238        

      (a)  THE SUPERVISING DENTIST;                                7,240        

      (b)  A DENTIST LICENSED UNDER THIS CHAPTER WHO IS ONE OF     7,243        

THE FOLLOWING:                                                                  

      (i)  THE EMPLOYER OF THE SUPERVISING DENTIST;                7,246        

      (ii)  A SHAREHOLDER IN A PROFESSIONAL ASSOCIATION FORMED     7,249        

UNDER CHAPTER 1785. OF THE REVISED CODE OF WHICH THE SUPERVISING   7,251        

DENTIST IS A SHAREHOLDER;                                          7,252        

      (iii)  A MEMBER OR MANAGER OF A LIMITED LIABILITY COMPANY    7,255        

FORMED UNDER CHAPTER 1705. OF THE REVISED CODE OF WHICH THE        7,258        

SUPERVISING DENTIST IS A MEMBER OR MANAGER;                        7,259        

      (iv)  A SHAREHOLDER IN A CORPORATION FORMED UNDER DIVISION   7,262        

(B) OF SECTION 1701.03 OF THE REVISED CODE OF WHICH THE            7,264        

                                                          156    


                                                                 
SUPERVISING DENTIST IS A SHAREHOLDER;                              7,265        

      (v)  A PARTNER OR EMPLOYEE OF A PARTNERSHIP OR A LIMITED     7,268        

LIABILITY PARTNERSHIP FORMED UNDER CHAPTER 1775. OF THE REVISED    7,271        

CODE OF WHICH THE SUPERVISING DENTIST IS A PARTNER OR EMPLOYEE.    7,272        

      (c)  A GOVERNMENT ENTITY THAT EMPLOYS THE DENTAL HYGIENIST   7,274        

TO PROVIDE DENTAL HYGIENE SERVICES IN A PUBLIC SCHOOL OR IN        7,275        

CONNECTION WITH OTHER PROGRAMS THE GOVERNMENT ENTITY ADMINISTERS.  7,277        

      (D)  A DENTAL HYGIENIST MAY PROVIDE DENTAL HYGIENE SERVICES  7,279        

TO A PATIENT WHEN THE SUPERVISING DENTIST IS NOT PHYSICALLY        7,281        

PRESENT AT THE LOCATION AT WHICH THE SERVICES ARE PROVIDED IF THE  7,284        

SERVICES ARE PROVIDED AS PART OF A DENTAL HYGIENE PROGRAM THAT IS               

APPROVED BY THE STATE DENTAL BOARD AND ALL OF THE FOLLOWING        7,285        

REQUIREMENTS ARE MET:                                              7,286        

      (1)  THE PROGRAM IS OPERATED THROUGH A SCHOOL DISTRICT       7,288        

BOARD OF EDUCATION OR THE GOVERNING BOARD OF AN EDUCATIONAL        7,290        

SERVICE CENTER; THE BOARD OF HEALTH OF A CITY OR GENERAL HEALTH    7,292        

DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A BOARD OF HEALTH   7,293        

UNDER SECTION 3709.05 OF THE REVISED CODE; A NATIONAL, STATE,      7,294        

DISTRICT, OR LOCAL DENTAL ASSOCIATION; OR ANY OTHER PUBLIC OR      7,296        

PRIVATE ENTITY RECOGNIZED BY THE STATE DENTAL BOARD.                            

      (2)  THE SUPERVISING DENTIST IS EMPLOYED BY OR A VOLUNTEER   7,298        

FOR, AND THE PATIENTS ARE REFERRED BY, THE ENTITY THROUGH WHICH    7,300        

THE PROGRAM IS OPERATED.                                                        

      (3)  THE SERVICES ARE PERFORMED AFTER EXAMINATION AND        7,302        

DIAGNOSIS BY THE DENTIST AND IN ACCORDANCE WITH THE DENTIST'S      7,303        

WRITTEN TREATMENT PLAN.                                                         

      (E)  NO PERSON SHALL DO EITHER OF THE FOLLOWING:             7,306        

      (1)  PRACTICE DENTAL HYGIENE IN A MANNER THAT IS SEPARATE    7,308        

OR OTHERWISE INDEPENDENT FROM THE DENTAL PRACTICE OF A             7,309        

SUPERVISING DENTIST;                                               7,310        

      (2)  ESTABLISH OR MAINTAIN AN OFFICE OR PRACTICE THAT IS     7,312        

PRIMARILY DEVOTED TO THE PROVISION OF DENTAL HYGIENE SERVICES.     7,313        

      (F)  THE STATE DENTAL BOARD SHALL ADOPT RULES UNDER          7,317        

DIVISION (C) OF SECTION 4715.03 OF THE REVISED CODE IDENTIFYING    7,320        

                                                          157    


                                                                 
PROCEDURES A DENTAL HYGIENIST MAY NOT PERFORM WHEN PRACTICING IN   7,321        

THE ABSENCE OF THE SUPERVISING DENTIST PURSUANT TO DIVISION (C)    7,323        

OR (D) OF THIS SECTION.                                                         

      Sec. 4715.39.  (A)  The state dental board may adopt rules,  7,332        

in accordance with Chapter 119. of the Revised Code, defining      7,333        

DEFINE THE duties which THAT may be performed by DENTAL            7,335        

ASSISTANTS AND OTHER INDIVIDUALS DESIGNATED BY THE BOARD AS        7,336        

qualified personnel, and may adopt rules establishing.  IF         7,338        

DEFINED, THE DUTIES SHALL BE DEFINED IN RULES ADOPTED IN           7,339        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  THE RULES MAY   7,340        

INCLUDE training and practice standards for DENTAL ASSISTANTS AND  7,341        

OTHER qualified personnel; such.  THE standards may include        7,342        

examination and issuance of a certificate.  IF THE BOARD ISSUES A  7,344        

CERTIFICATE, THE RECIPIENT SHALL DISPLAY THE CERTIFICATE IN A      7,345        

CONSPICUOUS LOCATION IN ANY OFFICE IN WHICH THE RECIPIENT IS       7,346        

EMPLOYED TO PERFORM THE DUTIES AUTHORIZED BY THE CERTIFICATE.                   

      THE BOARD'S RULES MAY ALLOW A DENTAL ASSISTANT TO POLISH     7,348        

THE CLINICAL CROWNS OF TEETH IF ALL OF THE FOLLOWING REQUIREMENTS  7,349        

ARE MET:                                                                        

      (1)  THE DENTAL ASSISTANT'S POLISHING ACTIVITIES ARE         7,351        

LIMITED TO THE USE OF A RUBBER CUP ATTACHED TO A SLOW-SPEED        7,352        

ROTARY DENTAL HAND PIECE.                                                       

      (2)  THE DENTIST SUPERVISING THE ASSISTANT SUPERVISES NOT    7,354        

MORE THAN TWO DENTAL ASSISTANTS ENGAGING IN POLISHING ACTIVITIES   7,355        

AT ANY GIVEN TIME.                                                              

      (3)  THE DENTAL ASSISTANT IS CERTIFIED BY THE DENTAL         7,357        

ASSISTING NATIONAL BOARD OR THE OHIO COMMISSION ON DENTAL          7,358        

ASSISTANT CERTIFICATION.                                                        

      (4)  THE DENTAL ASSISTANT RECEIVES A CERTIFICATE FROM THE    7,360        

BOARD AUTHORIZING THE ASSISTANT TO ENGAGE IN THE POLISHING         7,361        

ACTIVITIES.  THE BOARD MAY ISSUE THE CERTIFICATE ONLY IF THE       7,362        

INDIVIDUAL HAS SUCCESSFULLY COMPLETED TRAINING IN THE POLISHING    7,363        

OF CLINICAL CROWNS THROUGH A PROGRAM ACCREDITED BY THE COMMISSION  7,364        

ON DENTAL ACCREDITATION OR EQUIVALENT TRAINING APPROVED BY THE     7,365        

                                                          158    


                                                                 
BOARD.  THE TRAINING SHALL INCLUDE COURSES IN BASIC DENTAL         7,366        

ANATOMY AND INFECTION CONTROL, FOLLOWED BY A COURSE IN CORONAL     7,367        

POLISHING THAT INCLUDES DIDACTIC, PRECLINICAL, AND CLINICAL        7,368        

TRAINING; ANY OTHER TRAINING REQUIRED BY THE BOARD; AND A SKILLS   7,370        

ASSESSMENT THAT INCLUDES SUCCESSFUL COMPLETION OF STANDARDIZED     7,371        

TESTING.                                                                        

      (B)  Subject to the rules of the board, licensed dentists    7,373        

may assign to DENTAL ASSISTANTS AND OTHER qualified personnel      7,374        

dental procedures that do not require the professional competence  7,376        

or skill of the licensed dentist or dental hygienist as the board  7,377        

by rule authorizes such DENTAL ASSISTANTS AND OTHER QUALIFIED      7,378        

personnel to perform.  The performance of dental procedures by     7,379        

DENTAL ASSISTANTS AND OTHER qualified personnel shall be under     7,381        

direct supervision and full responsibility of the licensed         7,382        

dentist.                                                                        

      (C)  Nothing in this section shall be construed by rule of   7,384        

the state dental board or otherwise to authorize " DO THE          7,385        

FOLLOWING:                                                                      

      (1)  AUTHORIZE DENTAL ASSISTANTS OR OTHER qualified          7,387        

personnel" as that term is used in this section to engage in the   7,388        

practice of dental hygiene as defined by sections 4715.22 and      7,389        

4715.23 of the Revised Code or to perform the duties of a dental   7,390        

hygienist, including the removal of calcarious deposits or         7,391        

accretions on the crowns and roots of teeth, or as authorizing;    7,393        

      (2)  AUTHORIZE the assignment of diagnosis, treatment ANY    7,396        

OF THE FOLLOWING:                                                               

      (a)  DIAGNOSIS;                                              7,398        

      (b)  TREATMENT planning and prescription (, including        7,401        

prescription for drugs and medicaments or authorization for        7,402        

restorative, prosthodontic, or orthodontic appliances), or         7,403        

surgical;                                                                       

      (c)  SURGICAL procedures on hard or soft tissue of the oral  7,406        

cavity, or any other intraoral procedure that contributes to or    7,407        

results in an irremediable alteration of the oral anatomy or the;  7,408        

                                                          159    


                                                                 
      (d)  THE making of final impressions from which casts are    7,410        

made to construct any dental restoration.                          7,412        

      (D)  No dentist shall assign any DENTAL ASSISTANT OR OTHER   7,414        

INDIVIDUAL ACTING IN THE CAPACITY OF qualified personnel to        7,415        

perform any dental procedure such personnel are THAT THE           7,416        

ASSISTANT OR OTHER INDIVIDUAL IS not authorized by board rule to   7,418        

perform.  No DENTAL ASSISTANT OR OTHER INDIVIDUAL ACTING IN THE                 

CAPACITY OF qualified personnel shall perform any dental           7,419        

procedure other than in accordance with board rule or ANY DENTAL   7,420        

PROCEDURE that such personnel are THE ASSISTANT OR OTHER           7,422        

INDIVIDUAL IS not authorized by board rule to perform.             7,423        

      Sec. 4723.16.  (A)  An individual whom the board of nursing  7,433        

licenses, certificates, or otherwise legally authorizes to engage               

in the practice of nursing as a registered nurse or as a licensed  7,434        

practical nurse may render the professional services of a          7,435        

registered or licensed practical nurse within this state through   7,437        

a corporation formed under division (B) of section 1701.03 of the  7,438        

Revised Code, a limited liability company formed under Chapter     7,439        

1705. of the Revised Code, a partnership, or a professional        7,440        

association formed under Chapter 1785. of the Revised Code.  This  7,442        

division does not preclude an individual of that nature from       7,443        

rendering professional services as a registered or licensed        7,444        

practical nurse through another form of business entity,           7,445        

including, but not limited to, a nonprofit corporation or          7,446        

foundation, or in another manner that is authorized by or in       7,447        

accordance with this chapter, another chapter of the Revised       7,448        

Code, or rules of the board of nursing adopted pursuant to this    7,449        

chapter.                                                                        

      (B)  A corporation, limited liability company, partnership,  7,452        

or professional association described in division (A) of this      7,453        

section may be formed for the purpose of providing a combination   7,454        

of the professional services of the following individuals who are  7,455        

licensed, certificated, or otherwise legally authorized to         7,456        

practice their respective professions:                             7,457        

                                                          160    


                                                                 
      (1)  Optometrists who are authorized to practice optometry   7,459        

under Chapter 4725. of the Revised Code;                           7,460        

      (2)  Chiropractors who are authorized to practice            7,462        

chiropractic under Chapter 4734. of the Revised Code;              7,463        

      (3)  Psychologists who are authorized to practice            7,465        

psychology under Chapter 4732. of the Revised Code;                7,467        

      (4)  Registered or licensed practical nurses who are         7,469        

authorized to practice nursing as registered nurses or as          7,470        

licensed practical nurses under this chapter;                      7,471        

      (5)  Pharmacists who are authorized to practice pharmacy     7,474        

under Chapter 4729. of the Revised Code;                           7,477        

      (6)  Physical therapists who are authorized to practice      7,479        

physical therapy under sections 4755.40 to 4755.53 of the Revised  7,481        

Code;                                                              7,482        

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        7,484        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         7,487        

      (8)  Doctors of medicine and surgery, osteopathic medicine   7,490        

and surgery, or podiatric medicine and surgery who are licensed,   7,491        

certificated, or otherwise legally authorized for their                         

respective practices under Chapter 4731. of the Revised Code.      7,494        

      This division shall apply notwithstanding a provision of a   7,497        

code of ethics applicable to a nurse that prohibits a registered   7,499        

or licensed practical nurse from engaging in the practice of       7,500        

nursing as a registered nurse or as a licensed practical nurse in  7,501        

combination with a person who is licensed, certificated, or        7,502        

otherwise legally authorized to practice optometry, chiropractic,  7,503        

psychology, pharmacy, physical therapy, MECHANOTHERAPY, medicine   7,504        

and surgery, osteopathic medicine and surgery, or podiatric        7,506        

medicine and surgery, but who is not also licensed, certificated,  7,507        

or otherwise legally authorized to engage in the practice of       7,508        

nursing as a registered nurse or as a licensed practical nurse.                 

      Sec. 4725.114.  (A)  An individual whom the state board of   7,517        

optometry licenses, certificates, or otherwise legally authorizes  7,518        

to engage in the practice of optometry may render the              7,519        

                                                          161    


                                                                 
professional services of an optometrist within this state through  7,521        

a corporation formed under division (B) of section 1701.03 of the  7,522        

Revised Code, a limited liability company formed under Chapter     7,523        

1705. of the Revised Code, a partnership, or a professional        7,524        

association formed under Chapter 1785. of the Revised Code.  This  7,526        

division does not preclude an individual of that nature from       7,527        

rendering professional services as an optometrist through another  7,528        

form of business entity, including, but not limited to, a          7,529        

nonprofit corporation or foundation, or in another manner that is  7,530        

authorized by or in accordance with this chapter, another chapter  7,532        

of the Revised Code, or rules of the state board of optometry      7,533        

adopted pursuant to this chapter.                                               

      (B)  A corporation, limited liability company, partnership,  7,536        

or professional association described in division (A) of this      7,537        

section may be formed for the purpose of providing a combination   7,538        

of the professional services of the following individuals who are  7,539        

licensed, certificated, or otherwise legally authorized to         7,540        

practice their respective professions:                             7,541        

      (1)  Optometrists who are authorized to practice optometry   7,543        

under Chapter 4725. of the Revised Code;                           7,544        

      (2)  Chiropractors who are authorized to practice            7,546        

chiropractic under Chapter 4734. of the Revised Code;              7,547        

      (3)  Psychologists who are authorized to practice            7,549        

psychology under Chapter 4732. of the Revised Code;                7,550        

      (4)  Registered or licensed practical nurses who are         7,552        

authorized to practice nursing as registered nurses or as          7,553        

licensed practical nurses under Chapter 4723. of the Revised       7,554        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     7,557        

under Chapter 4729. of the Revised Code;                           7,560        

      (6)  Physical therapists who are authorized to practice      7,562        

physical therapy under sections 4755.40 to 4755.53 of the Revised  7,564        

Code;                                                              7,565        

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        7,567        

                                                          162    


                                                                 
MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         7,570        

      (8)  Doctors of medicine and surgery, osteopathic medicine   7,573        

and surgery, or podiatric medicine and surgery who are authorized  7,574        

for their respective practices under Chapter 4731. of the Revised  7,575        

Code.                                                              7,576        

      This division shall apply notwithstanding a provision of a   7,579        

code of ethics applicable to an optometrist that prohibits an      7,581        

optometrist from engaging in the practice of optometry in          7,582        

combination with a person who is licensed, certificated, or        7,583        

otherwise legally authorized to practice chiropractic,             7,584        

psychology, nursing, pharmacy, physical therapy, MECHANOTHERAPY,   7,585        

medicine and surgery, osteopathic medicine and surgery, or         7,587        

podiatric medicine and surgery, but who is not also licensed,                   

certificated, or otherwise legally authorized to engage in the     7,588        

practice of optometry.                                             7,589        

      Sec. 4729.161.  (A)  An individual registered with the       7,598        

state board of pharmacy to engage in the practice of pharmacy may  7,601        

render the professional services of a pharmacist within this       7,602        

state through a corporation formed under division (B) of section   7,604        

1701.03 of the Revised Code, a limited liability company formed    7,605        

under Chapter 1705. of the Revised Code, a partnership, or a       7,606        

professional association formed under Chapter 1785. of the         7,607        

Revised Code.  This division does not preclude an individual of    7,609        

that nature from rendering professional services as a pharmacist   7,610        

through another form of business entity, including, but not        7,611        

limited to, a nonprofit corporation or foundation, or in another   7,612        

manner that is authorized by or in accordance with this chapter,   7,613        

another chapter of the Revised Code, or rules of the state board   7,615        

of pharmacy adopted pursuant to this chapter.                                   

      (B)  A corporation, limited liability company, partnership,  7,618        

or professional association described in division (A) of this      7,619        

section may be formed for the purpose of providing a combination   7,620        

of the professional services of the following individuals who are  7,621        

licensed, certificated, or otherwise legally authorized to         7,622        

                                                          163    


                                                                 
practice their respective professions:                             7,623        

      (1)  Optometrists who are authorized to practice optometry   7,625        

under Chapter 4725. of the Revised Code;                           7,626        

      (2)  Chiropractors who are authorized to practice            7,628        

chiropractic under Chapter 4734. of the Revised Code;              7,629        

      (3)  Psychologists who are authorized to practice            7,631        

psychology under Chapter 4732. of the Revised Code;                7,632        

      (4)  Registered or licensed practical nurses who are         7,634        

authorized to practice nursing as registered nurses or as          7,635        

licensed practical nurses under Chapter 4723. of the Revised       7,636        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     7,638        

under Chapter 4729. of the Revised Code;                           7,639        

      (6)  Physical therapists who are authorized to practice      7,641        

physical therapy under sections 4755.40 to 4755.53 of the Revised  7,642        

Code;                                                                           

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        7,644        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         7,647        

      (8)  Doctors of medicine and surgery, osteopathic medicine   7,650        

and surgery, or podiatric medicine and surgery who are authorized  7,651        

for their respective practices under Chapter 4731. of the Revised  7,652        

Code.                                                              7,653        

      This division shall apply notwithstanding a provision of a   7,656        

code of ethics applicable to a pharmacist that prohibits a         7,658        

pharmacist from engaging in the practice of pharmacy in            7,659        

combination with a person who is licensed, certificated, or        7,660        

otherwise legally authorized to practice optometry, chiropractic,  7,661        

psychology, nursing, physical therapy, MECHANOTHERAPY, medicine    7,662        

and surgery, osteopathic medicine and surgery, or podiatric        7,664        

medicine and surgery, but who is not also licensed, certificated,  7,665        

or otherwise legally authorized to engage in the practice of       7,666        

pharmacy.                                                                       

      Sec. 4731.226.  (A)(1)  An individual whom the state         7,675        

medical board licenses, certificates, or otherwise legally         7,676        

                                                          164    


                                                                 
authorizes to engage in the practice of medicine and surgery,      7,677        

osteopathic medicine and surgery, or podiatric medicine and        7,678        

surgery may render the professional services of a doctor of        7,679        

medicine and surgery, osteopathic medicine and surgery, or         7,680        

podiatric medicine and surgery within this state through a         7,681        

corporation formed under division (B) of section 1701.03 of the    7,682        

Revised Code, a limited liability company formed under Chapter     7,684        

1705. of the Revised Code, a partnership, or a professional        7,685        

association formed under Chapter 1785. of the Revised Code.  This  7,686        

division DIVISION (A)(1) OF THIS SECTION does not preclude an      7,688        

individual of that nature from rendering professional services as  7,689        

a doctor of medicine and surgery, osteopathic medicine and         7,690        

surgery, or podiatric medicine and surgery through another form    7,691        

of business entity, including, but not limited to, a nonprofit     7,692        

corporation or foundation, or in another manner that is            7,693        

authorized by or in accordance with this chapter, another chapter  7,694        

of the Revised Code, or rules of the state medical board adopted   7,695        

pursuant to this chapter.                                                       

      (2)  AN INDIVIDUAL WHOM THE STATE MEDICAL BOARD AUTHORIZES   7,698        

TO ENGAGE IN THE PRACTICE OF MECHANOTHERAPY MAY RENDER THE         7,699        

PROFESSIONAL SERVICES OF A MECHANOTHERAPIST WITHIN THIS STATE      7,700        

THROUGH A CORPORATION FORMED UNDER DIVISION (B) OF SECTION         7,701        

1701.03 OF THE REVISED CODE, A LIMITED LIABILITY COMPANY FORMED    7,704        

UNDER CHAPTER 1705. OF THE REVISED CODE, A PARTNERSHIP, OR A       7,706        

PROFESSIONAL ASSOCIATION FORMED UNDER CHAPTER 1785. OF THE         7,709        

REVISED CODE.  DIVISION (A)(2) OF THIS SECTION DOES NOT PRECLUDE   7,712        

AN INDIVIDUAL OF THAT NATURE FROM RENDERING PROFESSIONAL SERVICES  7,713        

AS A MECHANOTHERAPIST THROUGH ANOTHER FORM OF BUSINESS ENTITY,     7,714        

INCLUDING, BUT NOT LIMITED TO, A NONPROFIT CORPORATION OR          7,715        

FOUNDATION, OR IN ANOTHER MANNER THAT IS AUTHORIZED BY OR IN       7,716        

ACCORDANCE WITH THIS CHAPTER, ANOTHER CHAPTER OF THE REVISED       7,718        

CODE, OR RULES OF THE STATE MEDICAL BOARD ADOPTED PURSUANT TO      7,719        

THIS CHAPTER.                                                                   

      (B)  A corporation, limited liability company, partnership,  7,722        

                                                          165    


                                                                 
or professional association described in division (A) of this      7,723        

section may be formed for the purpose of providing a combination   7,724        

of the professional services of the following individuals who are  7,725        

licensed, certificated, or otherwise legally authorized to         7,726        

practice their respective professions:                             7,727        

      (1)  Optometrists who are authorized to practice optometry   7,729        

under Chapter 4725. of the Revised Code;                           7,730        

      (2)  Chiropractors who are authorized to practice            7,732        

chiropractic under Chapter 4734. of the Revised Code;              7,733        

      (3)  Psychologists who are authorized to practice            7,735        

psychology under Chapter 4732. of the Revised Code;                7,737        

      (4)  Registered or licensed practical nurses who are         7,739        

authorized to practice nursing as registered nurses or as          7,740        

licensed practical nurses under Chapter 4723. of the Revised       7,742        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     7,745        

under Chapter 4729. of the Revised Code;                           7,748        

      (6)  Physical therapists who are authorized to practice      7,750        

physical therapy under sections 4755.40 to 4755.53 of the Revised  7,752        

Code;                                                              7,753        

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        7,755        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         7,758        

      (8)  Doctors of medicine and surgery, osteopathic medicine   7,761        

and surgery, or podiatric medicine and surgery who are authorized  7,762        

for their respective practices under this chapter.                              

      This division (C)  DIVISION (B) OF THIS SECTION shall apply  7,765        

notwithstanding a provision of a code of ethics described in       7,766        

division (B)(18) of section 4731.22 of the Revised Code that       7,769        

prohibits a EITHER OF THE FOLLOWING:                                            

      (1)  A doctor of medicine and surgery, osteopathic medicine  7,772        

and surgery, or podiatric medicine and surgery from engaging in    7,773        

the doctor's authorized practice in combination with a person who  7,774        

is licensed, certificated, or otherwise legally authorized to      7,775        

engage in the practice of optometry, chiropractic, psychology,     7,776        

                                                          166    


                                                                 
nursing, pharmacy, or physical therapy, OR MECHANOTHERAPY, but     7,777        

who is not also licensed, certificated, or otherwise legally       7,778        

authorized to practice medicine and surgery, osteopathic medicine  7,779        

and surgery, or podiatric medicine and surgery.                    7,780        

      (2)  A MECHANOTHERAPIST FROM ENGAGING IN THE PRACTICE OF     7,783        

MECHANOTHERAPY IN COMBINATION WITH A PERSON WHO IS LICENSED,       7,784        

CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO ENGAGE IN THE     7,785        

PRACTICE OF OPTOMETRY, CHIROPRACTIC, PSYCHOLOGY, NURSING,          7,786        

PHARMACY, PHYSICAL THERAPY, MEDICINE AND SURGERY, OSTEOPATHIC      7,787        

MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY, BUT WHO   7,788        

IS NOT ALSO LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY           7,789        

AUTHORIZED TO ENGAGE IN THE PRACTICE OF MECHANOTHERAPY.            7,790        

      Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of     7,799        

the Revised Code:                                                  7,800        

      (A)(1)  "Clinical laboratory services" means either of the   7,802        

following:                                                                      

      (a)  Any examination of materials derived from the human     7,804        

body for the purpose of providing information for the diagnosis,   7,805        

prevention, or treatment of any disease or impairment or for the   7,806        

assessment of health;                                              7,807        

      (b)  Procedures to determine, measure, or otherwise          7,809        

describe the presence or absence of various substances or          7,810        

organisms in the body.                                             7,811        

      (2)  "Clinical laboratory services" does not include the     7,813        

mere collection or preparation of specimens.                       7,814        

      (B)  "Designated health services" means any of the           7,816        

following:                                                         7,817        

      (1)  Clinical laboratory services;                           7,819        

      (2)  Home health care services;                              7,821        

      (3)  Outpatient prescription drugs.                          7,823        

      (C)  "Fair market value" means the value in arms-length      7,825        

transactions, consistent with general market value and:            7,826        

      (1)  With respect to rentals or leases, the value of rental  7,828        

property for general commercial purposes, not taking into account  7,829        

                                                          167    


                                                                 
its intended use;                                                  7,830        

      (2)  With respect to a lease of space, not adjusted to       7,832        

reflect the additional value the prospective lessee or lessor      7,833        

would attribute to the proximity or convenience to the lessor if   7,834        

the lessor is a potential source of referrals to the lessee.       7,835        

      (D)  "Governmental health care program" means any program    7,838        

providing health care benefits that is administered by the         7,839        

federal government, this state, or a political subdivision of      7,840        

this state, including the medicare program established under       7,841        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  7,842        

U.S.C.A. 301, as amended, health care coverage for public          7,843        

employees, health care benefits administered by the bureau of      7,844        

workers' compensation, the medical assistance program established  7,845        

under Chapter 5111. of the Revised Code, and disability            7,846        

assistance medical assistance established under Chapter 5115. of   7,848        

the Revised Code.                                                               

      (E)(1)  "Group practice" means a group of two or more        7,851        

holders of certificates under this chapter legally organized as a  7,852        

partnership, professional corporation or association, limited      7,853        

liability company, foundation, nonprofit corporation, faculty      7,854        

practice plan, or similar group practice entity, including an      7,855        

organization comprised of a nonprofit medical clinic that          7,856        

contracts with a professional corporation or association of        7,857        

physicians to provide medical services exclusively to patients of  7,858        

the clinic in order to comply with section 1701.03 of the Revised  7,859        

Code and including a corporation, limited liability company,       7,860        

partnership, or professional association described in division     7,861        

(B) of section 4731.226 of the Revised Code formed for the         7,863        

purpose of providing a combination of the professional services                 

of optometrists who are licensed, certificated, or otherwise       7,864        

legally authorized to practice optometry under Chapter 4725. of    7,865        

the Revised Code, chiropractors who are licensed, certificated,    7,867        

or otherwise legally authorized to practice chiropractic under     7,868        

Chapter 4734. of the Revised Code, psychologists who are           7,869        

                                                          168    


                                                                 
licensed, certificated, or otherwise legally authorized to         7,870        

practice psychology under Chapter 4732. of the Revised Code,       7,871        

registered or licensed practical nurses who are licensed,          7,872        

certificated, or otherwise legally authorized to practice nursing  7,873        

under Chapter 4723. of the Revised Code, pharmacists who are       7,875        

licensed, certificated, or otherwise legally authorized to         7,876        

practice pharmacy under Chapter 4729. of the Revised Code,         7,878        

physical therapists who are licensed, certificated, or otherwise   7,879        

legally authorized to practice physical therapy under sections     7,880        

4755.40 to 4755.53 of the Revised Code, MECHANOTHERAPISTS WHO ARE  7,883        

LICENSED, CERTIFICATED, OR OTHERWISE LEGALLY AUTHORIZED TO         7,884        

PRACTICE MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED      7,886        

CODE, and of doctors of medicine and surgery, osteopathic          7,888        

medicine and surgery, or podiatric medicine and surgery who are    7,889        

licensed, certificated, or otherwise legally authorized for their  7,890        

respective practices under this chapter, to which all of the                    

following apply:                                                   7,891        

      (a)  Each physician who is a member of the group practice    7,893        

provides substantially the full range of services that the         7,894        

physician routinely provides, including medical care,              7,895        

consultation, diagnosis, or treatment, through the joint use of    7,896        

shared office space, facilities, equipment, and personnel.         7,897        

      (b)  Substantially all of the services of the members of     7,899        

the group are provided through the group and are billed in the     7,902        

name of the group and amounts so received are treated as receipts  7,903        

of the group.                                                                   

      (c)  The overhead expenses of and the income from the        7,905        

practice are distributed in accordance with methods previously     7,906        

determined by members of the group.                                7,907        

      (d)  The group practice meets any other requirements that    7,909        

the state medical board applies in rules adopted under section     7,910        

4731.70 of the Revised Code.                                       7,911        

      (2)  In the case of a faculty practice plan associated with  7,913        

a hospital with a medical residency training program in which      7,914        

                                                          169    


                                                                 
physician members may provide a variety of specialty services and  7,915        

provide professional services both within and outside the group,   7,916        

as well as perform other tasks such as research, the criteria in   7,917        

division (E)(1) of this section apply only with respect to         7,919        

services rendered within the faculty practice plan.                7,920        

      (F)  "Home health care services" and "immediate family"      7,923        

have the same meanings as in the rules adopted under section       7,924        

4731.70 of the Revised Code.                                                    

      (G)  "Hospital" has the same meaning as in section 3727.01   7,927        

of the Revised Code.                                                            

      (H)  A "referral" includes both of the following:            7,929        

      (1)  A request by a holder of a certificate under this       7,931        

chapter for an item or service, including a request for a          7,932        

consultation with another physician and any test or procedure      7,933        

ordered by or to be performed by or under the supervision of the   7,934        

other physician;                                                   7,935        

      (2)  A request for or establishment of a plan of care by a   7,937        

certificate holder that includes the provision of designated       7,938        

health services.                                                                

      (I)  "Third-party payer" has the same meaning as in section  7,941        

3901.38 of the Revised Code.                                                    

      Sec. 4732.28.  (A)  An individual whom the state board of    7,950        

psychology licenses, certificates, or otherwise legally            7,951        

authorizes to engage in the practice of psychology may render the  7,952        

professional services of a psychologist within this state through  7,954        

a corporation formed under division (B) of section 1701.03 of the  7,955        

Revised Code, a limited liability company formed under Chapter     7,956        

1705. of the Revised Code, a partnership, or a professional        7,957        

association formed under Chapter 1785. of the Revised Code.  This  7,959        

division does not preclude an individual of that nature from       7,960        

rendering professional services as a psychologist through another  7,961        

form of business entity, including, but not limited to, a          7,962        

nonprofit corporation or foundation, or in another manner that is  7,963        

authorized by or in accordance with this chapter, another chapter  7,965        

                                                          170    


                                                                 
of the Revised Code, or rules of the state board of psychology     7,966        

adopted pursuant to this chapter.                                               

      (B)  A corporation, limited liability company, partnership,  7,969        

or professional association described in division (A) of this      7,970        

section may be formed for the purpose of providing a combination   7,971        

of the professional services of the following individuals who are  7,972        

licensed, certificated, or otherwise legally authorized to         7,973        

practice their respective professions:                             7,974        

      (1)  Optometrists who are authorized to practice optometry   7,976        

under Chapter 4725. of the Revised Code;                           7,977        

      (2)  Chiropractors who are authorized to practice            7,979        

chiropractic under Chapter 4734. of the Revised Code;              7,980        

      (3)  Psychologists who are authorized to practice            7,982        

psychology under this chapter;                                     7,983        

      (4)  Registered or licensed practical nurses who are         7,985        

authorized to practice nursing as registered nurses or as          7,986        

licensed practical nurses under Chapter 4723. of the Revised       7,988        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     7,991        

under Chapter 4729. of the Revised Code;                           7,994        

      (6)  Physical therapists who are authorized to practice      7,996        

physical therapy under sections 4755.40 to 4755.53 of the Revised  7,998        

Code;                                                              7,999        

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        8,001        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         8,004        

      (8)  Doctors of medicine and surgery, osteopathic medicine   8,007        

and surgery, or podiatric medicine and surgery who are authorized  8,008        

for their respective practices under Chapter 4731. of the Revised  8,009        

Code.                                                              8,010        

      This division shall apply notwithstanding a provision of a   8,013        

code of ethics applicable to a psychologist that prohibits a       8,015        

psychologist from engaging in the practice of psychology in        8,016        

combination with a person who is licensed, certificated, or        8,017        

otherwise legally authorized to practice optometry, chiropractic,  8,018        

                                                          171    


                                                                 
nursing, pharmacy, physical therapy, MECHANOTHERAPY, medicine and  8,019        

surgery, osteopathic medicine and surgery, or podiatric medicine   8,021        

and surgery, but who is not also licensed, certificated, or        8,022        

otherwise legally authorized to engage in the practice of          8,023        

psychology.                                                                     

      Sec. 4734.091.  (A)  An individual whom the chiropractic     8,032        

examining board licenses, certificates, or otherwise legally       8,033        

authorizes to engage in the practice of chiropractic may render    8,034        

the professional services of a chiropractor within this state      8,035        

through a corporation formed under division (B) of section         8,036        

1701.03 of the Revised Code, a limited liability company formed                 

under Chapter 1705. of the Revised Code, a partnership, or a       8,038        

professional association formed under Chapter 1785. of the         8,040        

Revised Code.  This division does not preclude an individual of    8,042        

that nature from rendering professional services as a                           

chiropractor through another form of business entity, including,   8,044        

but not limited to, a nonprofit corporation or foundation, or in   8,045        

another manner that is authorized by or in accordance with this    8,046        

chapter, another chapter of the Revised Code, or rules of the                   

chiropractic examining board adopted pursuant to this chapter.     8,047        

      (B)  A corporation, limited liability company, partnership,  8,049        

or professional association described in division (A) of this      8,050        

section may be formed for the purpose of providing a combination   8,051        

of the professional services of the following individuals who are  8,052        

licensed, certificated, or otherwise legally authorized to         8,054        

practice their respective professions:                                          

      (1)  Optometrists who are authorized to practice optometry,  8,056        

under Chapter 4725. of the Revised Code;                           8,057        

      (2)  Chiropractors who are authorized to practice            8,059        

chiropractic under this chapter;                                   8,060        

      (3)  Psychologists who are authorized to practice            8,062        

psychology under Chapter 4732. of the Revised Code;                8,063        

      (4)  Registered or licensed practical nurses who are         8,065        

authorized to practice nursing as registered nurses or as          8,066        

                                                          172    


                                                                 
licensed practical nurses under Chapter 4723. of the Revised       8,068        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     8,071        

under Chapter 4729. of the Revised Code;                           8,074        

      (6)  Physical therapists who are authorized to practice      8,076        

physical therapy under sections 4755.40 to 4755.53 of the Revised  8,078        

Code;                                                              8,079        

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        8,081        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         8,084        

      (8)  Doctors of medicine and surgery, osteopathic medicine   8,087        

and surgery, or podiatric medicine and surgery who are authorized  8,088        

for their respective practices under Chapter 4731. of the Revised  8,089        

Code.                                                                           

      This division shall apply notwithstanding a provision of a   8,092        

code of ethics described in division (A)(9) of section 4734.10 of  8,093        

the Revised Code that prohibits an individual from engaging in     8,094        

the practice of chiropractic in combination with a person who is   8,095        

licensed, certificated, or otherwise authorized for the practice   8,096        

of optometry, psychology, nursing, pharmacy, physical therapy,     8,097        

MECHANOTHERAPY, medicine and surgery, osteopathic medicine and     8,098        

surgery, or podiatric medicine and surgery, but who is not also    8,100        

licensed, certificated, or otherwise legally authorized to engage  8,102        

in the practice of chiropractic.                                                

      Sec. 4755.471.  (A)  An individual whom the physical         8,111        

therapy section of the Ohio occupational therapy, physical         8,112        

therapy, and athletic trainers board licenses, certificates, or    8,113        

otherwise legally authorizes to engage in the practice of          8,115        

physical therapy may render the professional services of a                      

physical therapist within this state through a corporation formed  8,117        

under division (B) of section 1701.03 of the Revised Code, a       8,118        

limited liability company formed under Chapter 1705. of the        8,119        

Revised Code, a partnership, or a professional association formed  8,121        

under Chapter 1785. of the Revised Code.  This division does not   8,122        

preclude an individual of that nature from rendering professional  8,124        

                                                          173    


                                                                 
services as a physical therapist through another form of business  8,125        

entity, including, but not limited to, a nonprofit corporation or  8,126        

foundation, or in another manner that is authorized by or in       8,127        

accordance with sections 4755.40 to 4755.53 of the Revised Code,                

another chapter of the Revised Code, or rules of the Ohio          8,128        

occupational therapy, physical therapy, and athletic trainers      8,129        

board adopted pursuant to sections 4755.40 to 4755.53 of the       8,130        

Revised Code.                                                                   

      (B)  A corporation, limited liability company, partnership,  8,133        

or professional association described in division (A) of this      8,134        

section may be formed for the purpose of providing a combination   8,135        

of the professional services of the following individuals who are  8,136        

licensed, certificated, or otherwise legally authorized to         8,137        

practice their respective professions:                             8,138        

      (1)  Optometrists who are authorized to practice optometry   8,140        

under Chapter 4725. of the Revised Code;                           8,141        

      (2)  Chiropractors who are authorized to practice            8,143        

chiropractic under Chapter 4734. of the Revised Code;              8,144        

      (3)  Psychologists who are authorized to practice            8,146        

psychology under Chapter 4732. of the Revised Code;                8,147        

      (4)  Registered or licensed practical nurses who are         8,149        

authorized to practice nursing as registered nurses or as          8,150        

licensed practical nurses under Chapter 4723. of the Revised       8,152        

Code;                                                                           

      (5)  Pharmacists who are authorized to practice pharmacy     8,154        

under Chapter 4729. of the Revised Code;                           8,155        

      (6)  Physical therapists who are authorized to practice      8,157        

physical therapy under sections 4755.40 to 4755.53 of the Revised  8,158        

Code;                                                                           

      (7)  MECHANOTHERAPISTS WHO ARE AUTHORIZED TO PRACTICE        8,160        

MECHANOTHERAPY UNDER SECTION 4731.151 OF THE REVISED CODE;         8,163        

      (8)  Doctors of medicine and surgery, osteopathic medicine   8,166        

and surgery, or podiatric medicine and surgery who are authorized  8,167        

for their respective practices under Chapter 4731. of the Revised  8,168        

                                                          174    


                                                                 
Code.                                                              8,169        

      This division shall apply notwithstanding a provision of a   8,172        

code of ethics applicable to a physical therapist that prohibits   8,174        

a physical therapist from engaging in the practice of physical     8,175        

therapy in combination with a person who is licensed,              8,176        

certificated, or otherwise legally authorized to practice          8,177        

optometry, chiropractic, psychology, nursing, pharmacy,                         

MECHANOTHERAPY, medicine and surgery, osteopathic medicine and     8,181        

surgery, or podiatric medicine and surgery, but who is not also    8,182        

licensed, certificated, or otherwise legally authorized to engage  8,183        

in the practice of physical therapy.                               8,184        

      Sec. 5111.25.  (A)  The department of human services shall   8,193        

pay each eligible nursing facility a per resident per day rate     8,194        

for its reasonable capital costs established prospectively each    8,195        

fiscal year for each facility.  Except as otherwise provided in    8,196        

sections 5111.20 to 5111.32 of the Revised Code, the rate shall    8,197        

be based on the facility's capital costs for the calendar year                  

preceding the fiscal year in which the rate will be paid.  The     8,198        

rate shall equal the sum of divisions (A)(1) to (3) of this        8,199        

section:                                                                        

      (1)  The lesser of the following:                            8,201        

      (a)  Eighty-eight and sixty-five one-hundredths per cent of  8,203        

the facility's desk-reviewed, actual, allowable, per diem cost of  8,204        

ownership and eighty-five per cent of the facility's actual,       8,205        

allowable, per diem cost of nonextensive renovation determined     8,206        

under division (F) of this section;                                8,207        

      (b)  Eighty-eight and sixty-five one-hundredths per cent of  8,209        

the following limitation:                                          8,210        

      (i)  For the fiscal year beginning July 1, 1993, sixteen     8,212        

dollars per resident day;                                          8,213        

      (ii)  For the fiscal year beginning July 1, 1994, sixteen    8,215        

dollars per resident day, adjusted to reflect the rate of          8,216        

inflation for the twelve-month period beginning July 1, 1992, and  8,217        

ending June 30, 1993, using the consumer price index for shelter   8,218        

                                                          175    


                                                                 
costs for all urban consumers for the north central region,        8,219        

published by the United States bureau of labor statistics;         8,220        

      (iii)  For subsequent fiscal years, the limitation in        8,222        

effect during the previous fiscal year, adjusted to reflect the    8,223        

rate of inflation for the twelve-month period beginning on the     8,224        

first day of July for the calendar year preceding the calendar     8,225        

year that precedes the fiscal year and ending on the following     8,226        

thirtieth day of June, using the consumer price index for shelter  8,227        

costs for all urban consumers for the north central region,        8,228        

published by the United States bureau of labor statistics.         8,229        

      (2)  Any efficiency incentive determined under division (D)  8,231        

of this section;                                                   8,232        

      (3)  Any amounts for return on equity determined under       8,234        

division (H) of this section.                                      8,235        

      Buildings shall be depreciated using the straight line       8,237        

method over forty years or over a different period approved by     8,238        

the department.  Components and equipment shall be depreciated     8,239        

using the straight-line method over a period designated in rules   8,240        

adopted by the department in accordance with Chapter 119. of the   8,241        

Revised Code, consistent with the guidelines of the American       8,242        

hospital association, or over a different period approved by the   8,243        

department.  Any rules adopted under this division that specify    8,244        

useful lives of buildings, components, or equipment apply only to  8,245        

assets acquired on or after July 1, 1993.  Depreciation for costs  8,246        

paid or reimbursed by any government agency shall not be included  8,247        

in cost of ownership or renovation unless that part of the         8,248        

payment under sections 5111.20 to 5111.32 of the Revised Code is   8,249        

used to reimburse the government agency.                           8,250        

      (B)  The capital cost basis of nursing facility assets       8,252        

shall be determined in the following manner:                       8,253        

      (1)  For purposes of calculating the rate to be paid for     8,255        

the fiscal year beginning July 1, 1993, for facilities with dates  8,257        

of licensure on or before June 30, 1993, the capital cost basis    8,258        

shall be equal to the following:                                   8,259        

                                                          176    


                                                                 
      (a)  For facilities that have not had a change of ownership  8,261        

during the period beginning January 1, 1993 and ending June 30,    8,262        

1993, the desk-reviewed, actual, allowable capital cost basis      8,263        

that is listed on the facility's cost report for the cost          8,264        

reporting period ending December 31, 1992, plus the actual,        8,265        

allowable capital cost basis of any assets constructed or          8,266        

acquired after December 31, 1992, but before July 1, 1993, if the  8,267        

aggregate capital costs of those assets would increase the         8,268        

facility's rate for capital costs by twenty or more cents per      8,269        

resident per day.                                                  8,270        

      (b)  For facilities that have a date of licensure or had a   8,272        

change of ownership during the period beginning January 1, 1993,   8,273        

and ending June 30, 1993, the actual, allowable capital cost       8,274        

basis of the person or government entity that owns the facility    8,275        

on June 30, 1993.                                                  8,276        

      Capital cost basis shall be calculated as provided in        8,278        

division (B)(1) of this section subject to approval by the United  8,279        

States health care financing administration of any necessary       8,280        

amendment to the state plan for providing medical assistance.      8,281        

      The department shall include the actual, allowable capital   8,283        

cost basis of assets constructed or acquired during the period     8,284        

beginning January 1, 1993, and ending June 30, 1993, in the        8,285        

calculation for the facility's rate effective July 1, 1993, if     8,286        

the aggregate capital costs of the assets would increase the       8,287        

facility's rate by twenty or more cents per resident per day and   8,288        

the facility provides the department with sufficient               8,289        

documentation of the costs before June 1, 1993.  If the facility   8,290        

provides the documentation after that date, the department shall   8,291        

adjust the facility's rate to reflect the costs of the assets one  8,292        

month after the first day of the month after the department        8,293        

receives the documentation.                                        8,294        

      (2)  Except as provided in division (B)(4) of this section,  8,297        

for purposes of calculating the rates to be paid for fiscal years  8,298        

beginning after June 30, 1994, for facilities with dates of        8,299        

                                                          177    


                                                                 
licensure on or before June 30, 1993, the capital cost basis of    8,300        

each asset shall be equal to the desk-reviewed, actual,            8,301        

allowable, capital cost basis that is listed on the facility's     8,302        

cost report for the calendar year preceding the fiscal year        8,303        

during which the rate will be paid.                                             

      (3)  For facilities with dates of licensure after June 30,   8,306        

1993, the capital cost basis shall be determined in accordance     8,307        

with the principles of the medicare program established under      8,308        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  8,309        

U.S.C.A. 301, as amended, except as otherwise provided in          8,310        

sections 5111.20 to 5111.32 of the Revised Code.                   8,311        

      (4)  If EXCEPT AS PROVIDED IN DIVISION (B)(5) OF THIS        8,313        

SECTION, IF a provider transfers AN INTEREST IN a facility to      8,314        

another provider after June 30, 1993, there shall be no increase   8,316        

in the capital cost basis of the asset if the providers are        8,317        

related parties.  If the providers are not related parties OR IF   8,318        

THEY ARE RELATED PARTIES AND DIVISION (B)(5) OF THIS SECTION       8,319        

REQUIRES THE ADJUSTMENT OF THE CAPITAL COST BASIS UNDER THIS       8,320        

DIVISION, the basis of the asset shall be adjusted by the lesser   8,321        

of the following:                                                               

      (a)  One-half of the change in construction costs during     8,323        

the time that the transferor held the asset, as calculated by the  8,324        

department of human services using the "Dodge building cost        8,325        

indexes, northeastern and north central states," published by      8,326        

Marshall and Swift;                                                8,327        

      (b)  One-half of the change in the consumer price index for  8,329        

all items for all urban consumers, as published by the United      8,330        

States bureau of labor statistics, during the time that the        8,331        

transferor held the asset.                                         8,332        

      (5)  IF A PROVIDER TRANSFERS AN INTEREST IN A FACILITY TO    8,335        

ANOTHER PROVIDER WHO IS A RELATED PARTY, THE CAPITAL COST BASIS                 

OF THE ASSET SHALL BE ADJUSTED AS SPECIFIED IN DIVISION (B)(4) OF  8,338        

THIS SECTION FOR A TRANSFER TO A PROVIDER THAT IS NOT A RELATED    8,339        

PARTY IF ALL OF THE FOLLOWING CONDITIONS ARE MET:                               

                                                          178    


                                                                 
      (a)  THE RELATED PARTY IS A RELATIVE OF OWNER;               8,342        

      (b)  THE PROVIDER MAKING THE TRANSFER RETAINS NO OWNERSHIP   8,345        

INTEREST IN THE FACILITY;                                                       

      (c)  THE UNITED STATES INTERNAL REVENUE SERVICE HAS ISSUED   8,348        

A RULING THAT THE TRANSFER IS AN ARM'S LENGTH TRANSACTION FOR      8,349        

PURPOSES OF FEDERAL INCOME TAXATION;                                            

      (d)  EXCEPT IN THE CASE OF HARDSHIP CAUSED BY A              8,352        

CATASTROPHIC EVENT, AS DETERMINED BY THE DEPARTMENT, OR IN THE     8,353        

CASE OF A PROVIDER MAKING THE TRANSFER WHO IS AT LEAST SIXTY-FIVE               

YEARS OF AGE, NOT LESS THAN TWENTY YEARS HAVE ELAPSED SINCE, FOR   8,355        

THE SAME FACILITY, THE CAPITAL COST BASIS WAS ADJUSTED MOST        8,356        

RECENTLY UNDER DIVISION (B)(5) OF THIS SECTION OR ACTUAL,          8,358        

ALLOWABLE COST OF OWNERSHIP WAS DETERMINED MOST RECENTLY UNDER                  

DIVISION (C)(9) OF THIS SECTION.                                   8,360        

      (C)  As used in this division, "lease expense" means lease   8,362        

payments in the case of an operating lease and depreciation        8,363        

expense and interest expense in the case of a capital lease.  As   8,364        

used in this division, "new lease" means a lease, to a different   8,365        

lessee, of a nursing facility that previously was operated under   8,366        

a lease.                                                           8,367        

      (1)  Subject to the limitation specified in division (A)(1)  8,369        

of this section, for a lease of a facility that was effective on   8,370        

May 27, 1992, the entire lease expense is an actual, allowable     8,371        

cost of ownership during the term of the existing lease.  The      8,372        

entire lease expense also is an actual, allowable cost of          8,373        

ownership if a lease in existence on May 27, 1992, is renewed      8,374        

under either of the following circumstances:                       8,375        

      (a)  The renewal is pursuant to a renewal option that was    8,377        

in existence on May 27, 1992;                                      8,378        

      (b)  The renewal is for the same lease payment amount and    8,380        

between the same parties as the lease in existence on May 27,      8,381        

1992.                                                              8,382        

      (2)  Subject to the limitation specified in division (A)(1)  8,384        

of this section, for a lease of a facility that was in existence   8,385        

                                                          179    


                                                                 
but not operated under a lease on May 27, 1992, actual, allowable  8,386        

cost of ownership shall include the lesser of the annual lease     8,387        

expense or the annual depreciation expense and imputed interest    8,388        

expense that would be calculated at the inception of the lease     8,389        

using the lessor's entire historical capital asset cost basis,     8,390        

adjusted by the lesser of the following amounts:                   8,391        

      (a)  One-half of the change in construction costs during     8,393        

the time the lessor held each asset until the beginning of the     8,394        

lease, as calculated by the department using the "Dodge building   8,395        

cost indexes, northeastern and north central states," published    8,396        

by Marshall and Swift;                                             8,397        

      (b)  One-half of the change in the consumer price index for  8,399        

all items for all urban consumers, as published by the United      8,400        

States bureau of labor statistics, during the time the lessor      8,401        

held each asset until the beginning of the lease.                  8,402        

      (3)  Subject to the limitation specified in division (A)(1)  8,404        

of this section, for a lease of a facility with a date of          8,405        

licensure on or after May 27, 1992, that is initially operated     8,406        

under a lease, actual, allowable cost of ownership shall include   8,407        

the annual lease expense if there was a substantial commitment of  8,408        

money for construction of the facility after December 22, 1992,    8,409        

and before July 1, 1993.  If there was not a substantial           8,410        

commitment of money after December 22, 1992, and before July 1,    8,411        

1993, actual, allowable cost of ownership shall include the        8,412        

lesser of the annual lease expense or the sum of the following:    8,413        

      (a)  The annual depreciation expense that would be           8,415        

calculated at the inception of the lease using the lessor's        8,416        

entire historical capital asset cost basis;                        8,417        

      (b)  The greater of the lessor's actual annual amortization  8,419        

of financing costs and interest expense at the inception of the    8,420        

lease or the imputed interest expense calculated at the inception  8,421        

of the lease using seventy per cent of the lessor's historical     8,422        

capital asset cost basis.                                          8,423        

      (4)  Subject to the limitation specified in division (A)(1)  8,425        

                                                          180    


                                                                 
of this section, for a lease of a facility with a date of          8,426        

licensure on or after May 27, 1992, that was not initially         8,427        

operated under a lease and has been in existence for ten years,    8,428        

actual, allowable cost of ownership shall include the lesser of    8,429        

the annual lease expense or the annual depreciation expense and    8,430        

imputed interest expense that would be calculated at the           8,431        

inception of the lease using the entire historical capital asset   8,432        

cost basis of the lessor, adjusted by the lesser of the            8,433        

following:                                                         8,434        

      (a)  One-half of the change in construction costs during     8,436        

the time the lessor held each asset until the beginning of the     8,437        

lease, as calculated by the department using the "Dodge building   8,438        

cost indexes, northeastern and north central states," published    8,439        

by Marshall and Swift;                                             8,440        

      (b)  One-half of the change in the consumer price index for  8,442        

all items for all urban consumers, as published by the United      8,443        

States bureau of labor statistics, during the time the lessor      8,444        

held each asset until the beginning of the lease.                  8,445        

      (5)  Subject to the limitation specified in division (A)(1)  8,447        

of this section, for a new lease of a facility that was operated   8,448        

under a lease on May 27, 1992, actual, allowable cost of           8,449        

ownership shall include the lesser of the annual new lease         8,450        

expense or the annual old lease payment.  If the old lease was in  8,451        

effect for ten years or longer, the old lease payment from the     8,452        

beginning of the old lease shall be adjusted by the lesser of the  8,453        

following:                                                         8,454        

      (a)  One-half of the change in construction costs from the   8,456        

beginning of the old lease to the beginning of the new lease, as   8,457        

calculated by the department using the "Dodge building cost        8,458        

indexes, northeastern and north central states," published by      8,459        

Marshall and Swift;                                                8,460        

      (b)  One-half of the change in the consumer price index for  8,462        

all items for all urban consumers, as published by the United      8,463        

States bureau of labor statistics, from the beginning of the old   8,464        

                                                          181    


                                                                 
lease to the beginning of the new lease.                           8,465        

      (6)  Subject to the limitation specified in division (A)(1)  8,467        

of this section, for a new lease of a facility that was not in     8,468        

existence or that was in existence but not operated under a lease  8,469        

on May 27, 1992, actual, allowable cost of ownership shall         8,470        

include the lesser of annual new lease expense or the annual       8,471        

amount calculated for the old lease under division (C)(2), (3),    8,472        

(4), or (6) of this section, as applicable.  If the old lease was  8,473        

in effect for ten years or longer, the lessor's historical         8,474        

capital asset cost basis shall be adjusted by the lesser of the    8,475        

following for purposes of calculating the annual amount under      8,476        

division (C)(2), (3), (4), or (6) of this section:                 8,477        

      (a)  One-half of the change in construction costs from the   8,479        

beginning of the old lease to the beginning of the new lease, as   8,480        

calculated by the department using the "Dodge building cost        8,481        

indexes, northeastern and north central states," published by      8,482        

Marshall and Swift;                                                8,483        

      (b)  One-half of the change in the consumer price index for  8,485        

all items for all urban consumers, as published by the United      8,486        

States bureau of labor statistics, from the beginning of the old   8,487        

lease to the beginning of the new lease.                           8,488        

      In the case of a lease under division (C)(3) of this         8,490        

section of a facility for which a substantial commitment of money  8,491        

was made after December 22, 1992, and before July 1, 1993, the     8,492        

old lease payment shall be adjusted for the purpose of             8,493        

determining the annual amount.                                     8,494        

      (7)  For any revision of a lease described in division       8,496        

(C)(1), (2), (3), (4), (5), or (6) of this section, or for any     8,497        

subsequent lease of a facility operated under such a lease, other  8,498        

than execution of a new lease, the portion of actual, allowable    8,499        

cost of ownership attributable to the lease shall be the same as   8,500        

before the revision or subsequent lease.                           8,501        

      (8)  EXCEPT AS PROVIDED IN DIVISION (C)(9) OF THIS SECTION,  8,504        

IF A PROVIDER LEASES AN INTEREST IN A FACILITY TO ANOTHER          8,505        

                                                          182    


                                                                 
PROVIDER WHO IS A RELATED PARTY, THE RELATED PARTY'S ACTUAL,       8,507        

ALLOWABLE COST OF OWNERSHIP SHALL INCLUDE THE LESSER OF THE        8,508        

ANNUAL LEASE EXPENSE OR THE REASONABLE COST TO THE LESSOR.         8,509        

      (9)  IF A PROVIDER LEASES AN INTEREST IN A FACILITY TO       8,511        

ANOTHER PROVIDER WHO IS A RELATED PARTY, REGARDLESS OF THE DATE    8,513        

OF THE LEASE, THE RELATED PARTY'S ACTUAL, ALLOWABLE COST OF        8,514        

OWNERSHIP SHALL INCLUDE THE ANNUAL LEASE EXPENSE, SUBJECT TO THE   8,515        

LIMITATIONS SPECIFIED IN DIVISIONS (C)(1) TO (7) OF THIS SECTION,  8,516        

IF ALL OF THE FOLLOWING CONDITIONS ARE MET:                        8,517        

      (a)  THE RELATED PARTY IS A RELATIVE OF OWNER;               8,519        

      (b)  IF THE LESSOR RETAINS AN OWNERSHIP INTEREST, IT IS IN   8,522        

ONLY THE REAL PROPERTY AND ANY IMPROVEMENTS ON THE REAL PROPERTY;  8,523        

      (c)  THE UNITED STATES INTERNAL REVENUE SERVICE HAS ISSUED   8,526        

A RULING THAT THE LEASE IS AN ARM'S LENGTH TRANSACTION FOR         8,527        

PURPOSES OF FEDERAL INCOME TAXATION;                                            

      (d)  EXCEPT IN THE CASE OF HARDSHIP CAUSED BY A              8,530        

CATASTROPHIC EVENT, AS DETERMINED BY THE DEPARTMENT, OR IN THE     8,531        

CASE OF A LESSOR WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE, NOT                   

LESS THAN TWENTY YEARS HAVE ELAPSED SINCE, FOR THE SAME FACILITY,  8,533        

THE CAPITAL COST BASIS WAS ADJUSTED MOST RECENTLY UNDER DIVISION   8,534        

(B)(5) OF THIS SECTION OR ACTUAL, ALLOWABLE COST OF OWNERSHIP WAS  8,536        

DETERMINED MOST RECENTLY UNDER DIVISION (C)(9) OF THIS SECTION.    8,538        

      (10)  This division does not apply to leases of specific     8,540        

items of equipment.                                                8,541        

      (D)(1)  Subject to division (D)(2) of this section, the      8,543        

department shall pay each nursing facility an efficiency           8,544        

incentive that is equal to fifty per cent of the difference        8,545        

between the following:                                                          

      (a)  Eighty-eight and sixty-five one-hundredths per cent of  8,547        

the facility's desk-reviewed, actual, allowable, per diem cost of  8,548        

ownership;                                                                      

      (b)  The applicable amount specified in division (E) of      8,550        

this section.                                                      8,551        

      (2)  The efficiency incentive paid to a nursing facility     8,554        

                                                          183    


                                                                 
shall not exceed the greater of the following:                                  

      (a)  The efficiency incentive the facility was paid during   8,557        

the fiscal year ending June 30, 1994;                                           

      (b)  Three dollars per resident per day, adjusted annually   8,560        

for rates paid beginning July 1, 1994, for the inflation rate for  8,561        

the twelve-month period beginning on the first day of July of the  8,562        

calendar year preceding the calendar year that precedes the        8,563        

fiscal year for which the efficiency incentive is determined and   8,564        

ending on the thirtieth day of the following June, using the       8,565        

consumer price index for shelter costs for all urban consumers     8,566        

for the north central region, as published by the United States    8,567        

bureau of labor statistics.                                        8,568        

      (3)  For purposes of calculating the efficiency incentive,   8,571        

depreciation for costs that are paid or reimbursed by any          8,572        

government agency shall be considered as costs of ownership, and   8,573        

renovation costs that are paid under division (F) of this section  8,574        

shall not be considered costs of ownership.                        8,575        

      (E)  The following amounts shall be used to calculate        8,577        

efficiency incentives for nursing facilities under this section:   8,578        

      (1)  For facilities with dates of licensure prior to         8,580        

January 1, 1958, four dollars and twenty-four cents per patient    8,581        

day;                                                               8,582        

      (2)  For facilities with dates of licensure after December   8,584        

31, 1957, but prior to January 1, 1968:                            8,585        

      (a)  Five dollars and twenty-four cents per patient day if   8,587        

the cost of construction was three thousand five hundred dollars   8,588        

or more per bed;                                                   8,589        

      (b)  Four dollars and twenty-four cents per patient day if   8,591        

the cost of construction was less than three thousand five         8,592        

hundred dollars per bed.                                           8,593        

      (3)  For facilities with dates of licensure after December   8,595        

31, 1967, but prior to January 1, 1976:                            8,596        

      (a)  Six dollars and twenty-four cents per patient day if    8,598        

the cost of construction was five thousand one hundred fifty       8,599        

                                                          184    


                                                                 
dollars or more per bed;                                           8,600        

      (b)  Five dollars and twenty-four cents per patient day if   8,602        

the cost of construction was less than five thousand one hundred   8,603        

fifty dollars per bed, but exceeded three thousand five hundred    8,604        

dollars per bed;                                                   8,605        

      (c)  Four dollars and twenty-four cents per patient day if   8,607        

the cost of construction was three thousand five hundred dollars   8,608        

or less per bed.                                                   8,609        

      (4)  For facilities with dates of licensure after December   8,611        

31, 1975, but prior to January 1, 1979:                            8,612        

      (a)  Seven dollars and twenty-four cents per patient day if  8,614        

the cost of construction was six thousand eight hundred dollars    8,615        

or more per bed;                                                   8,616        

      (b)  Six dollars and twenty-four cents per patient day if    8,618        

the cost of construction was less than six thousand eight hundred  8,619        

dollars per bed but exceeded five thousand one hundred fifty       8,620        

dollars per bed;                                                   8,621        

      (c)  Five dollars and twenty-four cents per patient day if   8,623        

the cost of construction was five thousand one hundred fifty       8,624        

dollars or less per bed, but exceeded three thousand five hundred  8,625        

dollars per bed;                                                   8,626        

      (d)  Four dollars and twenty-four cents per patient day if   8,628        

the cost of construction was three thousand five hundred dollars   8,629        

or less per bed.                                                   8,630        

      (5)  For facilities with dates of licensure after December   8,632        

31, 1978, but prior to January 1, 1981:                            8,633        

      (a)  Seven dollars and seventy-four cents per patient day    8,635        

if the cost of construction was seven thousand six hundred         8,636        

twenty-five dollars or more per bed;                               8,637        

      (b)  Seven dollars and twenty-four cents per patient day if  8,639        

the cost of construction was less than seven thousand six hundred  8,640        

twenty-five dollars per bed but exceeded six thousand eight        8,641        

hundred dollars per bed;                                           8,642        

      (c)  Six dollars and twenty-four cents per patient day if    8,644        

                                                          185    


                                                                 
the cost of construction was six thousand eight hundred dollars    8,645        

or less per bed but exceeded five thousand one hundred fifty       8,646        

dollars per bed;                                                   8,647        

      (d)  Five dollars and twenty-four cents per patient day if   8,649        

the cost of construction was five thousand one hundred fifty       8,650        

dollars or less but exceeded three thousand five hundred dollars   8,651        

per bed;                                                           8,652        

      (e)  Four dollars and twenty-four cents per patient day if   8,654        

the cost of construction was three thousand five hundred dollars   8,655        

or less per bed.                                                   8,656        

      (6)  For facilities with dates of licensure in 1981 or any   8,658        

year thereafter prior to December 22, 1992, the following amount:  8,659        

      (a)  For facilities with construction costs less than seven  8,661        

thousand six hundred twenty-five dollars per bed, the applicable   8,662        

amounts for the construction costs specified in divisions          8,663        

(E)(5)(b) to (e) of this section;                                  8,664        

      (b)  For facilities with construction costs of seven         8,666        

thousand six hundred twenty-five dollars or more per bed, six      8,667        

dollars per patient day, provided that for 1981 and annually       8,668        

thereafter prior to December 22, 1992, department shall do both    8,669        

of the following to the six-dollar amount:                         8,670        

      (i)  Adjust the amount for fluctuations in construction      8,672        

costs calculated by the department using the "Dodge building cost  8,673        

indexes, northeastern and north central states," published by      8,674        

Marshall and Swift, using 1980 as the base year;                   8,675        

      (ii)  Increase the amount, as adjusted for inflation under   8,677        

division (E)(6)(b)(i) of this section, by one dollar and           8,678        

seventy-four cents.                                                8,679        

      (7)  For facilities with dates of licensure on or after      8,681        

January 1, 1992, seven dollars and ninety-seven cents, adjusted    8,682        

for fluctuations in construction costs between 1991 and 1993 as    8,683        

calculated by the department using the "Dodge building cost        8,684        

indexes, northeastern and north central states," published by      8,685        

Marshall and Swift, and then increased by one dollar and           8,686        

                                                          186    


                                                                 
seventy-four cents.                                                8,687        

      For the fiscal year that begins July 1, 1994, each of the    8,689        

amounts listed in divisions (E)(1) to (7) of this section shall    8,690        

be increased by twenty-five cents.  For the fiscal year that       8,691        

begins July 1, 1995, each of those amounts shall be increased by   8,692        

an additional twenty-five cents.  For subsequent fiscal years,     8,693        

each of those amounts, as increased for the prior fiscal year,     8,694        

shall be adjusted to reflect the rate of inflation for the         8,695        

twelve-month period beginning on the first day of July of the      8,696        

calendar year preceding the calendar year that precedes the        8,697        

fiscal year and ending on the following thirtieth day of June,     8,698        

using the consumer price index for shelter costs for all urban     8,699        

consumers for the north central region, as published by the        8,700        

United States bureau of labor statistics.                          8,701        

      If the amount established for a nursing facility under this  8,703        

division is less than the amount that applied to the facility      8,704        

under division (B) of former section 5111.25 of the Revised Code,  8,705        

as the former section existed immediately prior to December 22,    8,706        

1992, the amount used to calculate the efficiency incentive for    8,707        

the facility under division (D)(2) of this section shall be the    8,708        

amount that was calculated under division (B) of the former        8,709        

section.                                                           8,710        

      (F)  Beginning July 1, 1993, regardless of the facility's    8,712        

date of licensure or the date of the nonextensive renovations,     8,713        

the rate for the costs of nonextensive renovations for nursing     8,714        

facilities shall be eighty-five per cent of the desk-reviewed,     8,715        

actual, allowable, per diem, nonextensive renovation costs.  This  8,716        

division applies to nonextensive renovations regardless of         8,717        

whether they are made by an owner or a lessee.  If the tenancy of  8,718        

a lessee that has made nonextensive renovations ends before the    8,719        

depreciation expense for the renovation costs has been fully       8,720        

reported, the former lessee shall not report the undepreciated     8,721        

balance as an expense.                                             8,722        

      (1)  For a nonextensive renovation made after July 1, 1993,  8,724        

                                                          187    


                                                                 
to qualify for payment under this division, both of the following  8,725        

conditions must be met:                                            8,726        

      (a)  At least five years have elapsed since the date of      8,728        

licensure of the portion of the facility that is proposed to be    8,729        

renovated, except that this condition does not apply if the        8,730        

renovation is necessary to meet the requirements of federal,       8,731        

state, or local statutes, ordinances, rules, or policies.          8,732        

      (b)  The provider has obtained prior approval from the       8,734        

department of human services, and if required the director of      8,735        

health has granted a certificate of need for the renovation under  8,736        

section 3702.52 of the Revised Code.  The provider shall submit a  8,737        

plan that describes in detail the changes in capital assets to be  8,738        

accomplished by means of the renovation and the timetable for      8,739        

completing the project.  The time for completion of the project    8,740        

shall be no more than eighteen months after the renovation         8,741        

begins.  The department of human services shall adopt rules in     8,742        

accordance with Chapter 119. of the Revised Code that specify      8,743        

criteria and procedures for prior approval of renovation           8,744        

projects.  No provider shall separate a project with the intent    8,745        

to evade the characterization of the project as a renovation or    8,746        

as an extensive renovation.  No provider shall increase the scope  8,747        

of a project after it is approved by the department of human       8,748        

services unless the increase in scope is approved by the           8,749        

department.                                                        8,750        

      (2)  The payment provided for in this division is the only   8,752        

payment that shall be made for the costs of a nonextensive         8,753        

renovation.  Nonextensive renovation costs shall not be included   8,754        

in costs of ownership, and a nonextensive renovation shall not     8,755        

affect the date of licensure for purposes of calculating the       8,756        

efficiency incentive under divisions (D) and (E) of this section.  8,757        

      (G)  The owner of a nursing facility operating under a       8,759        

provider agreement shall provide written notice to the department  8,760        

of human services at least forty-five days prior to entering into  8,761        

any contract of sale for the facility or voluntarily terminating   8,762        

                                                          188    


                                                                 
participation in the medical assistance program.  After the date   8,763        

on which a transaction of sale is closed, the owner shall refund   8,764        

to the department the amount of excess depreciation paid to the    8,765        

facility by the department for each year the owner has operated    8,766        

the facility under a provider agreement and prorated according to  8,767        

the number of medicaid patient days for which the facility has     8,768        

received payment.  If a nursing facility is sold after five or     8,769        

fewer years of operation under a provider agreement, the refund    8,770        

to the department shall be equal to the excess depreciation paid   8,771        

to the facility.  If a nursing facility is sold after more than    8,772        

five years but less than ten years of operation under a provider   8,773        

agreement, the refund to the department shall equal the excess     8,774        

depreciation paid to the facility multiplied by twenty per cent,   8,775        

multiplied by the difference between ten and the number of years   8,776        

that the facility was operated under a provider agreement.  If a   8,777        

nursing facility is sold after ten or more years of operation      8,778        

under a provider agreement, the owner shall not refund any excess  8,779        

depreciation to the department.  The owner of a facility that is   8,780        

sold or that voluntarily terminates participation in the medical   8,781        

assistance program also shall refund any other amount that the     8,782        

department properly finds to be due after the audit conducted      8,783        

under this division.  For the purposes of this division,           8,784        

"depreciation paid to the facility" means the amount paid to the   8,785        

nursing facility for cost of ownership pursuant to this section    8,786        

less any amount paid for interest costs, amortization of           8,787        

financing costs, and lease expenses.  For the purposes of this     8,788        

division, "excess depreciation" is the nursing facility's          8,789        

depreciated basis, which is the owner's cost less accumulated      8,790        

depreciation, subtracted from the purchase price net of selling    8,791        

costs but not exceeding the amount of depreciation paid to the     8,793        

facility.                                                                       

      A cost report shall be filed with the department within      8,795        

ninety days after the date on which the transaction of sale is     8,796        

closed or participation is voluntarily terminated.  The report     8,797        

                                                          189    


                                                                 
shall show the accumulated depreciation, the sales price, and      8,798        

other information required by the department.  The amount of the   8,799        

last two monthly payments to a nursing facility made pursuant to   8,800        

division (A)(1) of section 5111.22 of the Revised Code before a    8,801        

sale or termination of participation shall be held in escrow by a  8,802        

bank, trust company, or savings and loan association, except that  8,803        

if the amount the owner will be required to refund under this      8,804        

section is likely to be less than the amount of the last two       8,805        

monthly payments, the department shall take one of the following   8,806        

actions instead of withholding the amount of the last two monthly  8,807        

payments:                                                          8,808        

      (1)  In the case of an owner that owns other facilities      8,810        

that participate in the medical assistance program, obtain a       8,811        

promissory note in an amount sufficient to cover the amount        8,812        

likely to be refunded;                                             8,813        

      (2)  In the case of all other owners, withhold the amount    8,815        

of the last monthly payment to the nursing facility.               8,816        

      The department shall, within ninety days following the       8,818        

filing of the cost report, audit the cost report and issue an      8,819        

audit report to the owner.  The department also may audit any      8,820        

other cost report that the facility has filed during the previous  8,821        

three years.  In the audit report, the department shall state its  8,822        

findings and the amount of any money owed to the department by     8,823        

the nursing facility.  The findings shall be subject to            8,824        

adjudication conducted in accordance with Chapter 119. of the      8,825        

Revised Code.  No later than fifteen days after the owner agrees   8,826        

to a settlement, any funds held in escrow less any amounts due to  8,827        

the department shall be released to the owner and amounts due to   8,828        

the department shall be paid to the department.  If the amounts    8,829        

in escrow are less than the amounts due to the department, the     8,830        

balance shall be paid to the department within fifteen days after  8,831        

the owner agrees to a settlement.  If the department does not      8,832        

issue its audit report within the ninety-day period, the           8,833        

department shall release any money held in escrow to the owner.    8,834        

                                                          190    


                                                                 
For the purposes of this section, a transfer of corporate stock,   8,835        

the merger of one corporation into another, or a consolidation     8,836        

does not constitute a sale.                                        8,837        

      If a nursing facility is not sold or its participation is    8,839        

not terminated after notice is provided to the department under    8,840        

this division, the department shall order any payments held in     8,841        

escrow released to the facility upon receiving written notice      8,842        

from the owner that there will be no sale or termination.  After   8,843        

written notice is received from a nursing facility that a sale or  8,844        

termination will not take place, the facility shall provide        8,845        

notice to the department at least forty-five days prior to         8,846        

entering into any contract of sale or terminating participation    8,847        

at any future time.                                                8,848        

      (H)  The department shall pay each eligible proprietary      8,850        

nursing facility a return on the facility's net equity computed    8,851        

at the rate of one and one-half times the average interest rate    8,852        

on special issues of public debt obligations issued to the         8,853        

federal hospital insurance trust fund for the cost reporting       8,854        

period, except that no facility's return on net equity shall       8,855        

exceed one dollar per patient day.                                 8,856        

      When calculating the rate for return on net equity, the      8,858        

department shall use the greater of the facility's inpatient days  8,859        

during the applicable cost reporting period or the number of       8,860        

inpatient days the facility would have had during that period if   8,861        

its occupancy rate had been ninety-five per cent.                  8,862        

      (I)  If a nursing facility would receive a lower rate for    8,864        

capital costs for assets in the facility's possession on July 1,   8,865        

1993, under this section than it would receive under former        8,866        

section 5111.25 of the Revised Code, as the former section         8,867        

existed immediately prior to December 22, 1992, the facility       8,868        

shall receive for those assets the rate it would have received     8,869        

under the former section for each fiscal year beginning on or      8,870        

after July 1, 1993, until the rate it would receive under this     8,871        

section exceeds the rate it would have received under the former   8,872        

                                                          191    


                                                                 
section.  Any facility that receives a rate calculated under the   8,873        

former section 5111.25 of the Revised Code for assets in the       8,874        

facility's possession on July 1, 1993, also shall receive a rate   8,875        

calculated under this section for costs of any assets it           8,876        

constructs or acquires after July 1, 1993.                         8,877        

      Sec. 5111.251.  (A)  The department of human services shall  8,886        

pay each eligible intermediate care facility for the mentally      8,887        

retarded for its reasonable capital costs, a per resident per day  8,888        

rate established prospectively each fiscal year for each           8,889        

intermediate care facility for the mentally retarded.  Except as   8,890        

otherwise provided in sections 5111.20 to 5111.32 of the Revised   8,891        

Code, the rate shall be based on the facility's capital costs for  8,892        

the calendar year preceding the fiscal year in which the rate      8,893        

will be paid.  The rate shall equal the sum of the following:      8,894        

      (1)  The facility's desk-reviewed, actual, allowable, per    8,896        

diem cost of ownership for the preceding cost reporting period,    8,897        

limited as provided in divisions (C) and (F) of this section;      8,898        

      (2)  Any efficiency incentive determined under division (B)  8,900        

of this section;                                                   8,901        

      (3)  Any amounts for renovations determined under division   8,903        

(D) of this section;                                               8,904        

      (4)  Any amounts for return on equity determined under       8,906        

division (I) of this section.                                      8,907        

      Buildings shall be depreciated using the straight line       8,909        

method over forty years or over a different period approved by     8,910        

the department.  Components and equipment shall be depreciated     8,911        

using the straight line method over a period designated by the     8,912        

department in rules adopted in accordance with Chapter 119. of     8,913        

the Revised Code, consistent with the guidelines of the American   8,914        

hospital association, or over a different period approved by the   8,915        

department of human services.  Any rules adopted under this        8,916        

division that specify useful lives of buildings, components, or    8,918        

equipment apply only to assets acquired on or after July 1, 1993.  8,919        

Depreciation for costs paid or reimbursed by any government        8,920        

                                                          192    


                                                                 
agency shall not be included in costs of ownership or renovation   8,921        

unless that part of the payment under sections 5111.20 to 5111.32  8,922        

of the Revised Code is used to reimburse the government agency.    8,923        

      (B)  The department of human services shall pay to each      8,925        

intermediate care facility for the mentally retarded an            8,927        

efficiency incentive equal to fifty per cent of the difference     8,928        

between any desk-reviewed, actual, allowable cost of ownership     8,929        

and the applicable limit on cost of ownership payments under       8,930        

division (C) of this section.  For purposes of computing the       8,931        

efficiency incentive, depreciation for costs paid or reimbursed    8,932        

by any government agency shall be considered as a cost of                       

ownership, and the applicable limit under division (C) of this     8,933        

section shall apply both to facilities with more than eight beds   8,934        

and facilities with eight or fewer beds.  The efficiency           8,935        

incentive paid to a facility with eight or fewer beds shall not    8,936        

exceed three dollars per patient day, adjusted annually for the    8,937        

inflation rate for the twelve-month period beginning on the first  8,938        

day of July of the calendar year preceding the calendar year that  8,939        

precedes the fiscal year for which the efficiency incentive is     8,940        

determined and ending on the thirtieth day of the following June,  8,941        

using the consumer price index for shelter costs for all urban     8,942        

consumers for the north central region, as published by the        8,943        

United States bureau of labor statistics.                          8,944        

      (C)  Cost of ownership payments to intermediate care         8,946        

facilities for the mentally retarded with more than eight beds     8,947        

shall not exceed the following limits:                             8,948        

      (1)  For facilities with dates of licensure prior to         8,950        

January 1, l958, not exceeding two dollars and fifty cents per     8,951        

patient day;                                                       8,952        

      (2)  For facilities with dates of licensure after December   8,954        

31, l957, but prior to January 1, l968, not exceeding:             8,955        

      (a)  Three dollars and fifty cents per patient day if the    8,957        

cost of construction was three thousand five hundred dollars or    8,958        

more per bed;                                                      8,959        

                                                          193    


                                                                 
      (b)  Two dollars and fifty cents per patient day if the      8,961        

cost of construction was less than three thousand five hundred     8,962        

dollars per bed.                                                   8,963        

      (3)  For facilities with dates of licensure after December   8,965        

31, l967, but prior to January 1, l976, not exceeding:             8,966        

      (a)  Four dollars and fifty cents per patient day if the     8,968        

cost of construction was five thousand one hundred fifty dollars   8,969        

or more per bed;                                                   8,970        

      (b)  Three dollars and fifty cents per patient day if the    8,972        

cost of construction was less than five thousand one hundred       8,973        

fifty dollars per bed, but exceeds three thousand five hundred     8,974        

dollars per bed;                                                   8,975        

      (c)  Two dollars and fifty cents per patient day if the      8,977        

cost of construction was three thousand five hundred dollars or    8,978        

less per bed.                                                      8,979        

      (4)  For facilities with dates of licensure after December   8,981        

31, l975, but prior to January 1, l979, not exceeding:             8,982        

      (a)  Five dollars and fifty cents per patient day if the     8,984        

cost of construction was six thousand eight hundred dollars or     8,985        

more per bed;                                                      8,986        

      (b)  Four dollars and fifty cents per patient day if the     8,988        

cost of construction was less than six thousand eight hundred      8,989        

dollars per bed but exceeds five thousand one hundred fifty        8,990        

dollars per bed;                                                   8,991        

      (c)  Three dollars and fifty cents per patient day if the    8,993        

cost of construction was five thousand one hundred fifty dollars   8,994        

or less per bed, but exceeds three thousand five hundred dollars   8,995        

per bed;                                                           8,996        

      (d)  Two dollars and fifty cents per patient day if the      8,998        

cost of construction was three thousand five hundred dollars or    8,999        

less per bed.                                                      9,000        

      (5)  For facilities with dates of licensure after December   9,002        

31, l978, but prior to January 1, l980, not exceeding:             9,003        

      (a)  Six dollars per patient day if the cost of              9,005        

                                                          194    


                                                                 
construction was seven thousand six hundred twenty-five dollars    9,006        

or more per bed;                                                   9,007        

      (b)  Five dollars and fifty cents per patient day if the     9,009        

cost of construction was less than seven thousand six hundred      9,010        

twenty-five dollars per bed but exceeds six thousand eight         9,011        

hundred dollars per bed;                                           9,012        

      (c)  Four dollars and fifty cents per patient day if the     9,014        

cost of construction was six thousand eight hundred dollars or     9,015        

less per bed but exceeds five thousand one hundred fifty dollars   9,016        

per bed;                                                           9,017        

      (d)  Three dollars and fifty cents per patient day if the    9,019        

cost of construction was five thousand one hundred fifty dollars   9,020        

or less but exceeds three thousand five hundred dollars per bed;   9,021        

      (e)  Two dollars and fifty cents per patient day if the      9,023        

cost of construction was three thousand five hundred dollars or    9,024        

less per bed.                                                      9,025        

      (6)  For facilities with dates of licensure after December   9,028        

31, 1979, but prior to January 1, 1981, not exceeding:             9,029        

      (a)  Twelve dollars per patient day if the beds were         9,031        

originally licensed as residential facility beds by the            9,032        

department of mental retardation and developmental disabilities;   9,033        

      (b)  Six dollars per patient day if the beds were            9,035        

originally licensed as nursing home beds by the department of      9,036        

health.                                                                         

      (7)  For facilities with dates of licensure after December   9,038        

31, 1980, but prior to January 1, 1982, not exceeding:             9,039        

      (a)  Twelve dollars per patient day if the beds were         9,041        

originally licensed as residential facility beds by the            9,042        

department of mental retardation and developmental disabilities;   9,043        

      (b)  Six dollars and forty-five cents per patient day if     9,045        

the beds were originally licensed as nursing home beds by the      9,046        

department of health.                                                           

      (8)  For facilities with dates of licensure after December   9,048        

31, 1981, but prior to January 1, 1983, not exceeding:             9,049        

                                                          195    


                                                                 
      (a)  Twelve dollars per patient day if the beds were         9,051        

originally licensed as residential facility beds by the            9,052        

department of mental retardation and developmental disabilities;   9,053        

      (b)  Six dollars and seventy-nine cents per patient day if   9,055        

the beds were originally licensed as nursing home beds by the      9,056        

department of health.                                                           

      (9)  For facilities with dates of licensure after December   9,058        

31, 1982, but prior to January 1, 1984, not exceeding:             9,059        

      (a)  Twelve dollars per patient day if the beds were         9,061        

originally licensed as residential facility beds by the            9,062        

department of mental retardation and developmental disabilities;   9,063        

      (b)  Seven dollars and nine cents per patient day if the     9,065        

beds were originally licensed as nursing home beds by the          9,066        

department of health.                                                           

      (10)  For facilities with dates of licensure after December  9,068        

31, 1983, but prior to January 1, 1985, not exceeding:             9,069        

      (a)  Twelve dollars and twenty-four cents per patient day    9,071        

if the beds were originally licensed as residential facility beds  9,073        

by the department of mental retardation and developmental          9,074        

disabilities;                                                                   

      (b)  Seven dollars and twenty-three cents per patient day    9,076        

if the beds were originally licensed as nursing home beds by the   9,078        

department of health.                                                           

      (11)  For facilities with dates of licensure after December  9,080        

31, 1984, but prior to January 1, 1986, not exceeding:             9,081        

      (a)  Twelve dollars and fifty-three cents per patient day    9,083        

if the beds were originally licensed as residential facility beds  9,085        

by the department of mental retardation and developmental          9,086        

disabilities;                                                                   

      (b)  Seven dollars and forty cents per patient day if the    9,088        

beds were originally licensed as nursing home beds by the          9,090        

department of health.                                                           

      (12)  For facilities with dates of licensure after December  9,092        

31, 1985, but prior to January 1, 1987, not exceeding:             9,093        

                                                          196    


                                                                 
      (a)  Twelve dollars and seventy cents per patient day if     9,095        

the beds were originally licensed as residential facility beds by  9,097        

the department of mental retardation and developmental             9,098        

disabilities;                                                                   

      (b)  Seven dollars and fifty cents per patient day if the    9,100        

beds were originally licensed as nursing home beds by the          9,102        

department of health.                                                           

      (13)  For facilities with dates of licensure after December  9,104        

31, 1986, but prior to January 1, 1988, not exceeding:             9,105        

      (a)  Twelve dollars and ninety-nine cents per patient day    9,107        

if the beds were originally licensed as residential facility beds  9,109        

by the department of mental retardation and developmental          9,110        

disabilities;                                                                   

      (b)  Seven dollars and sixty-seven cents per patient day if  9,112        

the beds were originally licensed as nursing home beds by the      9,114        

department of health.                                                           

      (14)  For facilities with dates of licensure after December  9,116        

31, 1987, but prior to January 1, 1989, not exceeding thirteen     9,117        

dollars and twenty-six cents per patient day;                      9,118        

      (15)  For facilities with dates of licensure after December  9,120        

31, 1988, but prior to January 1, 1990, not exceeding thirteen     9,121        

dollars and forty-six cents per patient day;                       9,122        

      (16)  For facilities with dates of licensure after December  9,124        

31, 1989, but prior to January 1, 1991, not exceeding thirteen     9,125        

dollars and sixty cents per patient day;                           9,126        

      (17)  For facilities with dates of licensure after December  9,128        

31, 1990, but prior to January 1, 1992, not exceeding thirteen     9,129        

dollars and forty-nine cents per patient day;                      9,130        

      (18)  For facilities with dates of licensure after December  9,132        

31, 1991, but prior to January 1, 1993, not exceeding thirteen     9,133        

dollars and sixty-seven cents per patient day;                     9,134        

      (19)  For facilities with dates of licensure after December  9,136        

31, 1992, not exceeding fourteen dollars and twenty-eight cents    9,137        

per patient day.                                                                

                                                          197    


                                                                 
      (D)  Beginning January 1, 1981, regardless of the original   9,139        

date of licensure, the department of human services shall pay a    9,140        

rate for the per diem capitalized costs of renovations to          9,142        

intermediate care facilities for the mentally retarded made after  9,143        

January 1, l981, not exceeding six dollars per patient day using   9,144        

1980 as the base year and adjusting the amount annually until      9,145        

June 30, 1993, for fluctuations in construction costs calculated   9,146        

by the department using the "Dodge building cost indexes,          9,147        

northeastern and north central states," published by Marshall and  9,148        

Swift.  The payment provided for in this division is the only      9,149        

payment that shall be made for the capitalized costs of a          9,150        

nonextensive renovation of an intermediate care facility for the   9,151        

mentally retarded.  Nonextensive renovation costs shall not be     9,152        

included in cost of ownership, and a nonextensive renovation       9,153        

shall not affect the date of licensure for purposes of division    9,154        

(C) of this section.  This division applies to nonextensive        9,155        

renovations regardless of whether they are made by an owner or a   9,156        

lessee.  If the tenancy of a lessee that has made renovations      9,157        

ends before the depreciation expense for the renovation costs has  9,158        

been fully reported, the former lessee shall not report the        9,159        

undepreciated balance as an expense.                               9,160        

      For a nonextensive renovation to qualify for payment under   9,162        

this division, both of the following conditions must be met:       9,163        

      (1)  At least five years have elapsed since the date of      9,165        

licensure or date of an extensive renovation of the portion of     9,166        

the facility that is proposed to be renovated, except that this    9,167        

condition does not apply if the renovation is necessary to meet    9,168        

the requirements of federal, state, or local statutes,             9,169        

ordinances, rules, or policies.                                    9,170        

      (2)  The provider has obtained prior approval from the       9,172        

department of human services.  The provider shall submit a plan    9,173        

that describes in detail the changes in capital assets to be       9,175        

accomplished by means of the renovation and the timetable for      9,176        

completing the project.  The time for completion of the project    9,177        

                                                          198    


                                                                 
shall be no more than eighteen months after the renovation         9,178        

begins.  The department of human services shall adopt rules in     9,180        

accordance with Chapter 119. of the Revised Code that specify      9,181        

criteria and procedures for prior approval of renovation           9,182        

projects.  No provider shall separate a project with the intent    9,183        

to evade the characterization of the project as a renovation or    9,184        

as an extensive renovation.  No provider shall increase the scope  9,185        

of a project after it is approved by the department of human       9,186        

services unless the increase in scope is approved by the           9,187        

department.                                                                     

      (E)  The amounts specified in divisions (C) and (D) of this  9,189        

section shall be adjusted beginning July 1, 1993, for the          9,190        

estimated inflation for the twelve-month period beginning on the   9,191        

first day of July of the calendar year preceding the calendar      9,192        

year that precedes the fiscal year for which rate will be paid     9,193        

and ending on the thirtieth day of the following June, using the   9,194        

consumer price index for shelter costs for all urban consumers     9,195        

for the north central region, as published by the United States    9,196        

bureau of labor statistics.                                        9,197        

      (F)(1)  For facilities of eight or fewer beds that have      9,199        

dates of licensure or have been granted project authorization by   9,200        

the department of mental retardation and developmental             9,201        

disabilities before July 1, 1993, and for facilities of eight or   9,202        

fewer beds that have dates of licensure or have been granted       9,203        

project authorization after that date if the facilities            9,204        

demonstrate that they made substantial commitments of funds on or  9,205        

before that date, cost of ownership shall not exceed eighteen      9,206        

dollars and thirty cents per resident per day.  The                9,207        

eighteen-dollar and thirty-cent amount shall be increased by the   9,208        

change in the "Dodge building cost indexes, northeastern and       9,209        

north central states," published by Marshall and Swift, during     9,210        

the period beginning June 30, 1990, and ending July 1, 1993, and   9,211        

by the change in the consumer price index for shelter costs for    9,212        

all urban consumers for the north central region, as published by  9,213        

                                                          199    


                                                                 
the United States bureau of labor statistics, annually             9,214        

thereafter.                                                        9,215        

      (2)  For facilities with eight or fewer beds that have       9,217        

dates of licensure or have been granted project authorization by   9,218        

the department of mental retardation and developmental             9,219        

disabilities on or after July 1, 1993, for which substantial       9,220        

commitments of funds were not made before that date, cost of       9,221        

ownership payments shall not exceed the applicable amount          9,222        

calculated under division (F)(1) of this section, if the           9,223        

department of human services gives prior approval for              9,224        

construction of the facility.  If the department does not give     9,225        

prior approval, cost of ownership payments shall not exceed the    9,226        

amount specified in division (C) of this section.                  9,227        

      (3)  Notwithstanding divisions (D) and (F)(1) and (2) of     9,229        

this section, the total payment for cost of ownership, cost of     9,230        

ownership efficiency incentive, and capitalized costs of           9,231        

renovations for an intermediate care facility for the mentally     9,232        

retarded with eight or fewer beds shall not exceed the sum of the  9,233        

limitations specified in divisions (C) and (D) of this section.    9,235        

      (G)  Notwithstanding any provision of this section or        9,237        

section 5111.24 of the Revised Code, the department of human       9,238        

services may adopt rules in accordance with Chapter 119. of the    9,240        

Revised Code that provide for a calculation of a combined maximum  9,241        

payment limit for indirect care costs and cost of ownership for    9,242        

intermediate care facilities for the mentally retarded with eight  9,243        

or fewer beds.                                                                  

      (H)  After June 30, 1980, the owner of an intermediate care  9,245        

facility for the mentally retarded operating under a provider      9,246        

agreement shall provide written notice to the department of human  9,247        

services at least forty-five days prior to entering into any       9,248        

contract of sale for the facility or voluntarily terminating       9,249        

participation in the medical assistance program.  After the date   9,250        

on which a transaction of sale is closed, the owner shall refund   9,251        

to the department the amount of excess depreciation paid to the    9,252        

                                                          200    


                                                                 
facility by the department for each year the owner has operated    9,253        

the facility under a provider agreement and prorated according to  9,254        

the number of medicaid patient days for which the facility has     9,255        

received payment.  If an intermediate care facility for the        9,256        

mentally retarded is sold after five or fewer years of operation   9,257        

under a provider agreement, the refund to the department shall be  9,258        

equal to the excess depreciation paid to the facility.  If an      9,259        

intermediate care facility for the mentally retarded is sold       9,260        

after more than five years but less than ten years of operation    9,261        

under a provider agreement, the refund to the department shall     9,262        

equal the excess depreciation paid to the facility multiplied by   9,263        

twenty per cent, multiplied by the number of years less than ten   9,264        

that a facility was operated under a provider agreement.  If an    9,265        

intermediate care facility for the mentally retarded is sold       9,266        

after ten or more years of operation under a provider agreement,   9,267        

the owner shall not refund any excess depreciation to the          9,268        

department.  For the purposes of this division, "depreciation      9,269        

paid to the facility" means the amount paid to the intermediate    9,270        

care facility for the mentally retarded for cost of ownership      9,271        

pursuant to this section less any amount paid for interest costs.  9,272        

For the purposes of this division, "excess depreciation" is the    9,273        

intermediate care facility for the mentally retarded's             9,274        

depreciated basis, which is the owner's cost less accumulated      9,275        

depreciation, subtracted from the purchase price but not           9,276        

exceeding the amount of depreciation paid to the facility.         9,277        

      A cost report shall be filed with the department within      9,279        

ninety days after the date on which the transaction of sale is     9,280        

closed or participation is voluntarily terminated for an           9,281        

intermediate care facility for the mentally retarded subject to    9,282        

this division.  The report shall show the accumulated              9,283        

depreciation, the sales price, and other information required by   9,284        

the department.  The amount of the last two monthly payments to    9,285        

an intermediate care facility for the mentally retarded made       9,286        

pursuant to division (A)(1) of section 5111.22 of the Revised      9,287        

                                                          201    


                                                                 
Code before a sale or voluntary termination of participation       9,288        

shall be held in escrow by a bank, trust company, or savings and   9,289        

loan association, except that if the amount the owner will be      9,290        

required to refund under this section is likely to be less than    9,291        

the amount of the last two monthly payments, the department shall  9,292        

take one of the following actions instead of withholding the       9,293        

amount of the last two monthly payments:                           9,294        

      (1)  In the case of an owner that owns other facilities      9,296        

that participate in the medical assistance program, obtain a       9,297        

promissory note in an amount sufficient to cover the amount        9,298        

likely to be refunded;                                             9,299        

      (2)  In the case of all other owners, withhold the amount    9,301        

of the last monthly payment to the intermediate care facility for  9,302        

the mentally retarded.                                             9,303        

      The department shall, within ninety days following the       9,305        

filing of the cost report, audit the report and issue an audit     9,306        

report to the owner.  The department also may audit any other      9,307        

cost reports for the facility that have been filed during the      9,308        

previous three years.  In the audit report, the department shall   9,309        

state its findings and the amount of any money owed to the         9,310        

department by the intermediate care facility for the mentally      9,311        

retarded.  The findings shall be subject to an adjudication        9,312        

conducted in accordance with Chapter 119. of the Revised Code.     9,313        

No later than fifteen days after the owner agrees to a             9,314        

settlement, any funds held in escrow less any amounts due to the   9,315        

department shall be released to the owner and amounts due to the   9,316        

department shall be paid to the department.  If the amounts in     9,317        

escrow are less than the amounts due to the department, the        9,318        

balance shall be paid to the department within fifteen days after  9,319        

the owner agrees to a settlement.  If the department does not      9,320        

issue its audit report within the ninety-day period, the           9,321        

department shall release any money held in escrow to the owner.    9,322        

For the purposes of this section, a transfer of corporate stock,   9,323        

the merger of one corporation into another, or a consolidation     9,324        

                                                          202    


                                                                 
does not constitute a sale.                                        9,325        

      If an intermediate care facility for the mentally retarded   9,327        

is not sold or its participation is not terminated after notice    9,328        

is provided to the department under this division, the department  9,329        

shall order any payments held in escrow released to the facility   9,330        

upon receiving written notice from the owner that there will be    9,331        

no sale or termination of participation.  After written notice is  9,332        

received from an intermediate care facility for the mentally       9,333        

retarded that a sale or termination of participation will not      9,334        

take place, the facility shall provide notice to the department    9,335        

at least forty-five days prior to entering into any contract of    9,336        

sale or terminating participation at any future time.              9,337        

      (I)  The department of human services shall pay each         9,339        

eligible proprietary intermediate care facility for the mentally   9,340        

retarded a return on the facility's net equity computed at the     9,341        

rate of one and one-half times the average of interest rates on    9,342        

special issues of public debt obligations issued to the federal    9,343        

hospital insurance trust fund for the cost reporting period.  No   9,344        

facility's return on net equity paid under this division shall     9,345        

exceed one dollar per patient day.                                 9,346        

      In calculating the rate for return on net equity, the        9,348        

department shall use the greater of the facility's inpatient days  9,349        

during the applicable cost reporting period or the number of       9,350        

inpatient days the facility would have had during that period if   9,351        

its occupancy rate had been ninety-five per cent.                  9,352        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        9,355        

SECTION, IF A PROVIDER LEASES OR TRANSFERS AN INTEREST IN A        9,356        

FACILITY TO ANOTHER PROVIDER WHO IS A RELATED PARTY, THE RELATED   9,358        

PARTY'S ALLOWABLE COST OF OWNERSHIP SHALL INCLUDE THE LESSER OF    9,359        

THE FOLLOWING:                                                                  

      (a)  THE ANNUAL LEASE EXPENSE OR ACTUAL COST OF OWNERSHIP,   9,362        

WHICHEVER IS APPLICABLE;                                                        

      (b)  THE REASONABLE COST TO THE LESSOR OR PROVIDER MAKING    9,365        

THE TRANSFER.                                                                   

                                                          203    


                                                                 
      (2)  IF A PROVIDER LEASES OR TRANSFERS AN INTEREST IN A      9,367        

FACILITY TO ANOTHER PROVIDER WHO IS A RELATED PARTY, REGARDLESS    9,368        

OF THE DATE OF THE LEASE OR TRANSFER, THE RELATED PARTY'S          9,370        

ALLOWABLE COST OF OWNERSHIP SHALL INCLUDE THE ANNUAL LEASE         9,371        

EXPENSE OR ACTUAL COST OF OWNERSHIP, WHICHEVER IS APPLICABLE,      9,372        

SUBJECT TO THE LIMITATIONS SPECIFIED IN DIVISIONS (B) TO (I) OF    9,374        

THIS SECTION, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:          9,375        

      (a)  THE RELATED PARTY IS A RELATIVE OF OWNER;               9,378        

      (b)  IN THE CASE OF A LEASE, IF THE LESSOR RETAINS ANY       9,380        

OWNERSHIP INTEREST, IT IS IN ONLY THE REAL PROPERTY AND ANY        9,381        

IMPROVEMENTS ON THE REAL PROPERTY;                                 9,382        

      (c)  IN THE CASE OF A TRANSFER, THE PROVIDER MAKING THE      9,385        

TRANSFER RETAINS NO OWNERSHIP INTEREST IN THE FACILITY;            9,386        

      (d)  THE UNITED STATES INTERNAL REVENUE SERVICE HAS ISSUED   9,389        

A RULING THAT THE LEASE OR TRANSFER IS AN ARM'S LENGTH                          

TRANSACTION FOR PURPOSES OF FEDERAL INCOME TAXATION;               9,390        

      (e)  EXCEPT IN THE CASE OF HARDSHIP CAUSED BY A              9,393        

CATASTROPHIC EVENT, AS DETERMINED BY THE DEPARTMENT, OR IN THE     9,394        

CASE OF A LESSOR OR PROVIDER MAKING THE TRANSFER WHO IS AT LEAST                

SIXTY-FIVE YEARS OF AGE, NOT LESS THAN TWENTY YEARS HAVE ELAPSED   9,395        

SINCE, FOR THE SAME FACILITY, ALLOWABLE COST OF OWNERSHIP WAS      9,396        

DETERMINED MOST RECENTLY UNDER THIS DIVISION.                      9,398        

      Sec. 5111.264.  The EXCEPT AS PROVIDED IN SECTION 5111.25    9,407        

OR 5111.251 OF THE REVISED CODE, THE costs of goods, services,     9,409        

and facilities, furnished to a provider by a related party are     9,410        

includable in the allowable costs of the provider at the           9,411        

reasonable cost to the related party.                                           

      Sec. 5111.81.  (A)  There is hereby established the          9,420        

pharmacy and therapeutics committee of the department of human     9,421        

services.  The committee shall consist of eight members and shall  9,422        

be appointed by the director of human services.  The membership    9,423        

of the committee shall include:  two pharmacists licensed under    9,424        

Chapter 4729. of the Revised Code; two doctors of medicine and     9,425        

two doctors of osteopathy licensed under Chapter 4731. of the                   

                                                          204    


                                                                 
Revised Code; a registered nurse licensed under Chapter 4723. of   9,426        

the Revised Code; and a pharmacologist who has a doctoral degree.  9,427        

The committee shall elect one of its members as chairperson.       9,428        

      (B)  In the absence of fraud or bad faith, neither the       9,430        

pharmacy and therapeutics committee nor a current or former        9,431        

member, agent, representative, employee, or independent            9,432        

contractor of the committee shall be held liable in damages to a   9,433        

person as the result of an act, omission, proceeding, conduct, or  9,434        

decision relating to the official duties undertaken or performed   9,435        

pursuant to this section, section 5111.811 of the Revised Code,    9,436        

or rules promulgated pursuant to section 111.15 or Chapter 119.    9,437        

of the Revised Code.  If a current or former member, agent,        9,438        

representative, employee, or independent contractor of the         9,440        

committee requests the state to defend the current or former       9,441        

member, agent, representative, employee, or independent                         

contractor against a claim or in an action arising out of an act,  9,442        

omission, proceeding, conduct, or decision relating to official    9,444        

duties undertaken or performed, if the request is made in writing  9,445        

at a reasonable time before the trial of the claim or in the       9,446        

action, and if the person requesting the defense cooperates in                  

good faith in the defense of the claim or action, the state shall  9,447        

provide and pay for the defense of the claim or action and shall   9,448        

pay any resulting judgment, compromise, or settlement.  The state  9,449        

shall not pay that part of a claim or judgment that is for         9,450        

punitive or exemplary damages.                                                  

      Sec. 5112.01.  As used in sections 5112.02 to 5112.21 of     9,459        

the Revised Code:                                                               

      (A)(1) "Hospital" means a nonfederal hospital to which       9,461        

either of the following applies:                                   9,462        

      (a)  The hospital is registered under section 3701.07 of     9,464        

the Revised Code as a general medical and surgical hospital or a   9,465        

pediatric general hospital, and provides inpatient hospital        9,466        

services, as defined in 42 C.F.R. 440.10;                          9,467        

      (b)  The hospital is recognized under the medicare program   9,469        

                                                          205    


                                                                 
established by Title XVIII of the "Social Security Act," 49 Stat.  9,471        

620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and  9,473        

is exempt from the medicare prospective payment system.            9,474        

      "Hospital" does not include a hospital operated by a health  9,476        

maintenance organization INSURING CORPORATION that has been        9,477        

issued a certificate of authority under section 1742.05 1751.05    9,479        

of the Revised Code or a hospital that does not charge patients    9,481        

for services.                                                                   

      (2)  "Disproportionate share hospital" means a hospital      9,483        

that meets the definition of a disproportionate share hospital in  9,484        

rules adopted under section 5112.03 of the Revised Code.           9,485        

      (B)  "Bad debt," "charity care," "courtesy care," and        9,487        

"contractual allowances" have the same meanings given these terms  9,488        

in regulations adopted under Title XVIII of the "Social Security   9,490        

Act."                                                              9,491        

      (C)  "Cost reporting period" means the twelve-month period   9,493        

used by a hospital in reporting costs for purposes of Title XVIII  9,495        

of the "Social Security Act."                                      9,496        

      (D)  "Governmental hospital" means a county hospital with    9,498        

more than five hundred registered beds or a state-owned and        9,500        

-operated hospital with more than five hundred registered beds.    9,501        

      (E)  "Indigent care pool" means the sum of the following:    9,503        

      (1)  The total of assessments to be paid in a program year   9,505        

by all hospitals under section 5112.06 of the Revised Code, less   9,506        

the assessments deposited into the legislative budget services     9,507        

fund under section 5112.19 of the Revised Code;                    9,509        

      (2)  The total amount of intergovernmental transfers         9,511        

required to be made in the same program year by governmental       9,512        

hospitals under section 5112.07 of the Revised Code, less the      9,513        

amount of transfers deposited into the legislative budget          9,515        

services fund under section 5112.19 of the Revised Code;           9,516        

      (3)  The total amount of federal matching funds that will    9,518        

be made available in the same program year as a result of          9,519        

payments the department of human services makes to hospitals       9,520        

                                                          206    


                                                                 
under section 5112.08 of the Revised Code.                         9,521        

      (F)  "Intergovernmental transfer" means any transfer of      9,523        

money by a governmental hospital under section 5112.07 of the      9,524        

Revised Code.                                                                   

      (G)  "Medical assistance program" means the program of       9,526        

medical assistance established under section 5111.01 of the        9,527        

Revised Code and Title XIX of the "Social Security Act."           9,528        

      (H)  "Program year" means a period beginning the first day   9,530        

of October, or a later date designated in rules adopted under      9,531        

section 5112.03 of the Revised Code, and ending the thirtieth day  9,532        

of September, or an earlier date designated in rules adopted       9,533        

under that section.                                                9,534        

      (I)  "Registered beds" means the total number of hospital    9,536        

beds registered with the department of health, as reported in the  9,537        

most recent "directory of registered hospitals" published by the   9,538        

department of health.                                              9,539        

      (J)  "Total facility costs" means the total costs for all    9,541        

services rendered to all patients, including the direct,           9,542        

indirect, and overhead cost to the hospital of all services,       9,543        

supplies, equipment, and capital related to the care of patients,  9,544        

regardless of whether patients are enrolled in a health            9,545        

maintenance organization INSURING CORPORATION, excluding costs     9,546        

associated with providing skilled nursing services in              9,548        

distinct-part nursing facility units, as shown on the hospital's   9,549        

cost report filed under section 5112.04 of the Revised Code.       9,550        

Effective October 1, 1993, if rules adopted under section 5112.03  9,551        

of the Revised Code so provide, "total facility costs" may         9,552        

exclude costs associated with providing care to recipients of any  9,553        

of the governmental programs listed in division (B) of that        9,554        

section.                                                                        

      (K)  "Uncompensated care" means bad debt and charity care.   9,556        

      Sec. 5112.08.  The director of human services shall adopt    9,565        

rules under section 5112.03 of the Revised Code establishing a     9,566        

methodology to pay hospitals that is sufficient to expend all      9,567        

                                                          207    


                                                                 
money in the indigent care pool.  Under the rules:                 9,568        

      (A)  The department of human services shall classify         9,570        

similar hospitals into groups and allocate funds for distribution  9,571        

within each group.                                                 9,572        

      (B)  The department shall establish a method of allocating   9,574        

funds to each group of hospitals, taking into consideration the    9,575        

relative amount of indigent care provided by each group.  The      9,576        

amount to be allocated to each group shall be based on any         9,577        

combination of the following indicators of indigent care that the  9,578        

director considers appropriate:                                    9,579        

      (1)  Total costs, volume, or proportion of services to       9,581        

recipients of the medical assistance program, including            9,582        

recipients enrolled in health maintenance organizations INSURING   9,583        

CORPORATIONS;                                                      9,584        

      (2)  Total costs, volume, or proportion of services to       9,586        

low-income patients in addition to recipients of the medical       9,587        

assistance program, which may include recipients of Title V of     9,589        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   9,591        

as amended, general assistance established under Chapter 5113. of  9,592        

the Revised Code, and disability assistance established under      9,593        

Chapter 5115. of the Revised Code;                                 9,594        

      (3)  The amount of uncompensated care provided by the        9,596        

hospitals;                                                         9,597        

      (4)  Other factors that the director considers to be         9,599        

appropriate indicators of indigent care.                           9,600        

      (C)  The department shall distribute funds to hospitals in   9,602        

each group in a manner that first may provide for an additional    9,603        

payment to individual hospitals that provide a high proportion of  9,604        

indigent care in relation to the total care provided by the        9,605        

hospital or in relation to other hospitals.  The department shall  9,606        

establish a formula to distribute the remainder of the funds       9,607        

allocated to the group to all hospitals in the group.  The         9,608        

formula shall be consistent with section 1923 of the "Social       9,609        

Security Act," 42 U.S.C.A. 1396r-4, as amended, and shall be       9,612        

                                                          208    


                                                                 
based on any combination of the indicators of indigent care        9,613        

listed in division (B) of this section that the director           9,615        

considers appropriate.                                                          

      (D)  The department shall make payments to each hospital in  9,617        

installments not later than ten working days after the deadline    9,618        

established in rules for each hospital to pay an installment on    9,619        

its assessment under section 5112.06 of the Revised Code.  In the  9,620        

case of a governmental hospital that makes intergovernmental       9,621        

transfers, the department shall pay an installment under this      9,622        

section not later than ten working days after the earlier of that  9,623        

deadline or the deadline established in rules for the              9,624        

governmental hospital to pay an installment on its                 9,625        

intergovernmental transfer.  If the amount in the hospital care    9,626        

assurance program fund and the hospital care assurance match fund  9,627        

created under section 5112.18 of the Revised Code is insufficient  9,628        

to make the total payments for which hospitals are eligible to     9,629        

receive in any period, the department shall reduce the amount of   9,630        

each payment by the percentage by which the amount is              9,631        

insufficient.  The department shall pay hospitals any amounts not  9,632        

paid in the period in which they are due as soon as moneys are     9,633        

available in the funds.                                            9,634        

      Sec. 5725.18.  (A)  An annual franchise tax on the           9,643        

privilege of being an insurance company is hereby levied on each   9,644        

domestic insurance company.  In the month of May, annually, the    9,645        

treasurer of state shall charge for collection from each domestic  9,646        

insurance company a franchise tax in the amount computed in        9,647        

accordance with the following, as applicable:                      9,648        

      (1)  With respect to a domestic insurance company that is a  9,651        

health insuring corporation, one per cent of all premium rate      9,654        

payments received, exclusive of payments received under the        9,655        

medicare program established under Title XVIII of the "Social      9,658        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   9,663        

or pursuant to the medical assistance program established under    9,664        

Chapter 5111. of the Revised Code, as reflected in its annual      9,667        

                                                          209    


                                                                 
report for the preceding calendar year;                                         

      (2)  With respect to a domestic insurance company that is    9,670        

not a health insuring corporation, one and four-tenths per cent    9,671        

of the gross amount of premiums received from policies covering    9,673        

risks within this state, EXCLUSIVE OF PREMIUMS RECEIVED UNDER THE  9,674        

MEDICARE PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL      9,679        

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED,   9,683        

OR PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED UNDER    9,685        

CHAPTER 5111. OF THE REVISED CODE, as reflected in its annual      9,688        

statement for the preceding calendar year, AND, IF THE COMPANY     9,689        

OPERATES A HEALTH INSURING CORPORATION AS A LINE OF BUSINESS, ONE  9,691        

PER CENT OF ALL PREMIUM RATE PAYMENTS RECEIVED FROM THAT LINE OF   9,692        

BUSINESS, EXCLUSIVE OF PAYMENTS RECEIVED UNDER THE MEDICARE        9,694        

PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY      9,696        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, OR         9,698        

PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM ESTABLISHED UNDER       9,699        

CHAPTER 5111. OF THE REVISED CODE, AS REFLECTED IN ITS ANNUAL      9,701        

STATEMENT FOR THE PRECEDING CALENDAR YEAR.                                      

      (B)  The gross amount of premium rate payments or premiums   9,704        

used to compute the applicable tax in accordance with division     9,705        

(A) of this section is subject to the deductions prescribed by     9,707        

section 5729.03 of the Revised Code for foreign insurance          9,708        

companies.  The objects of such tax are those declared in section  9,709        

5725.24 of the Revised Code, to which only such tax shall be       9,710        

applied.                                                                        

      (C)  In no case shall such tax be less than two hundred      9,713        

fifty dollars.                                                                  

      Sec. 5729.03.  (A)  If the superintendent of insurance       9,722        

finds the annual statement required by section 5729.02 of the      9,723        

Revised Code to be correct, the superintendent shall compute the   9,725        

following amount, as applicable, of the balance of such gross      9,726        

amount, after deducting such return premiums and considerations    9,728        

received for reinsurance, and charge such amount to such company   9,729        

as a tax upon the business done by it in this state for the        9,730        

                                                          210    


                                                                 
period covered by such annual statement:                           9,731        

      (1)  If the company is a health insuring corporation, one    9,733        

per cent of the balance of premium rate payments received,         9,734        

exclusive of payments received under the medicare program          9,735        

established under Title XVIII of the "Social Security Act," 49     9,736        

Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or pursuant to the  9,737        

medical assistance program established under Chapter 5111. of the  9,738        

Revised Code, as reflected in its annual report;                   9,739        

      (2)  If the company is not a health insuring corporation,    9,741        

one and four-tenths per cent of the balance of premiums received,  9,742        

EXCLUSIVE OF PREMIUMS RECEIVED UNDER THE MEDICARE PROGRAM          9,744        

ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49     9,750        

STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, OR PURSUANT TO THE  9,752        

MEDICAL ASSISTANCE PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE  9,754        

REVISED CODE, as reflected in its annual statement, AND, IF THE    9,757        

COMPANY OPERATES A HEALTH INSURING CORPORATION AS A LINE OF        9,758        

BUSINESS, ONE PER CENT OF THE BALANCE OF PREMIUM RATE PAYMENTS     9,759        

RECEIVED FROM THAT LINE OF BUSINESS, EXCLUSIVE OF PAYMENTS         9,761        

RECEIVED UNDER THE MEDICARE PROGRAM ESTABLISHED UNDER TITLE XVIII  9,762        

OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A.     9,764        

301, AS AMENDED, OR PURSUANT TO THE MEDICAL ASSISTANCE PROGRAM     9,765        

ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, AS REFLECTED  9,767        

IN ITS ANNUAL STATEMENT.                                           9,768        

      (B)  Any insurance policies that were not issued in          9,771        

violation of Title XXXIX of the Revised Code and that were issued  9,772        

prior to April 15, 1967, by a life insurance company organized     9,773        

and operated without profit to any private shareholder or          9,774        

individual, exclusively for the purpose of aiding educational or   9,775        

scientific institutions organized and operated without profit to   9,776        

any private shareholder or individual, are not subject to the tax  9,777        

imposed by this section.  All taxes collected pursuant to this     9,778        

section shall be credited to the general revenue fund.                          

      (C)  In no case shall the tax imposed under this section be  9,780        

less than two hundred fifty dollars.                               9,781        

                                                          211    


                                                                 
      Section 2.  That existing sections 1701.03, 1705.03,         9,783        

1705.04, 1705.53, 1739.01, 1751.01, 1751.02, 1751.03, 1751.05,     9,785        

1751.06, 1751.11, 1751.12, 1751.13, 1751.14, 1751.15, 1751.16,                  

1751.20, 1751.31, 1751.32, 1751.46, 1751.55, 1751.58, 1751.59,     9,786        

1751.60, 1751.62, 1751.81, 1785.01, 1785.02, 1785.03, 1785.08,     9,787        

1907.161, 2305.252, 3701.75, 3901.21, 3901.38, 3917.01, 3917.06,   9,788        

3923.021, 3923.122, 3923.57, 3923.571, 3923.58, 3924.01, 3924.03,  9,792        

3924.033, 3924.08, 3924.09, 3924.10, 3924.11, 3924.13, 3999.22,    9,793        

4715.22, 4715.39, 4723.16, 4725.114, 4729.161, 4731.226, 4731.65,  9,795        

4732.28, 4734.091, 4755.471, 5111.25, 5111.251, 5111.264,          9,796        

5111.81, 5112.01, 5112.08, 5725.18, and 5729.03 and sections       9,798        

3924.05, 5111.75, 5111.77, 5111.771, and 5111.811 of the Revised   9,800        

Code are hereby repealed.                                          9,801        

      Section 3.  That Section 3 of Am. Sub. S.B. 67 of the 122nd  9,803        

General Assembly be amended to read as follows:                    9,804        

      "Sec. 3.  (A)  The certificate of authority of every         9,806        

prepaid dental plan organization, health care corporation, dental  9,807        

care corporation, and health maintenance organization licensed to  9,809        

operate under Chapter 1736., 1738., 1740., or 1742. of the         9,811        

Revised Code, respectively, shall renew, by operation of law, on                

January 1, 1998, as a certificate of authority to operate under    9,814        

Chapter 1751. of the Revised Code.  All assets and liabilities of  9,815        

the prepaid dental plan organization, health care corporation,     9,816        

dental care corporation, or health maintenance organization,       9,817        

including all obligations under subscriber contracts delivered,    9,818        

issued for delivery, or renewed prior to the effective date of     9,819        

this section JUNE 4, 1997, shall be assumed by the successor       9,821        

entity.  Except as otherwise provided in division (B) of this      9,822        

section, such entity shall, no later than January 1, 1998, comply  9,823        

with Chapter 1751. of the Revised Code.                            9,824        

      (B)(1)  Each entity described in division (A) of this        9,826        

section shall do both of the following:                            9,827        

      (a)  Comply with sections 1751.19 and 1751.26 of the         9,830        

Revised Code no later than six months after the effective date of               

                                                          212    


                                                                 
this section JUNE 4, 1997.                                         9,832        

      (b)  Comply with section 1751.28 of the Revised Code by      9,835        

making annual deposits with the Superintendent of Insurance, no    9,836        

later than the first day of January of each year, for up to three  9,837        

years, beginning the first day of January immediately following    9,838        

the effective date of this section INCREASING THE ENTITY'S NET     9,840        

WORTH, ON THE FIRST DAY OF JANUARY IN EACH OF THE YEARS 1998,      9,841        

1999, AND 2000, BY AN AMOUNT EQUAL TO AT LEAST ONE-THIRD OF ANY    9,843        

DIFFERENCE BETWEEN THE ENTITY'S NET WORTH AS OF JUNE 4, 1997, AND  9,845        

THE NET WORTH REQUIRED BY SECTION 1751.28 OF THE REVISED CODE.     9,846        

EACH ENTITY SHALL ATTAIN THE NET WORTH REQUIRED BY SECTION         9,847        

1751.28 OF THE REVISED CODE NO LATER THAN JANUARY 1, 2000.         9,849        

      (2)  Every contract delivered, issued for delivery, or       9,851        

renewed by an entity described in division (A) of this section     9,852        

prior to the effective date of this section JUNE 4, 1997, shall    9,854        

comply with section 1751.13 of the Revised Code no later than the  9,856        

contract's first renewal date after the first day of January       9,857        

immediately following the effective date of this section JUNE 4,   9,859        

1997.                                                                           

      (3)  Every contract delivered, issued for delivery, or       9,862        

renewed by an entity described in division (A) of this section     9,863        

prior to the effective date of this section JUNE 4, 1997, shall    9,864        

comply with section 1751.31 of the Revised Code no later than      9,866        

three months after the effective date of this section JUNE 4,      9,867        

1997.                                                                           

      (4)  An entity described in division (A) of this section     9,869        

may comply with section 1751.27 of the Revised Code by making      9,870        

annual deposits with the Superintendent of Insurance, not later    9,871        

than the first day of January of each year, for up to three years  9,872        

beginning the first day of January immediately following the       9,873        

effective date of this section JUNE 4, 1997.  An equal amount      9,875        

shall be deposited each year until the total amount required       9,877        

under section 1751.27 of the Revised Code has been deposited."     9,878        

      Section 4.  That existing Section 3 of Am. Sub. S.B. 67 of   9,880        

                                                          213    


                                                                 
the 122nd General Assembly is hereby repealed.                     9,881        

      Section 5.  That Section 6 of Am. Sub. S.B. 154 of the       9,883        

122nd General Assembly be amended to read as follows:              9,884        

      "Sec. 6.  The Insurance Agent Education Advisory Council     9,888        

operating pursuant to section 3905.483 of the Revised Code shall   9,889        

create a temporary committee to conduct a special study of the     9,890        

continuing education requirements for insurance agents as set      9,891        

forth in the Revised Code and the Administrative Code.  The        9,892        

committee shall be composed of the eleven members of the           9,893        

Insurance Agent Education Advisory Council appointed by the        9,894        

Superintendent of Insurance pursuant to section 3905.483 of the    9,895        

Revised Code; A REPRESENTATIVE, APPOINTED BY THE GOVERNOR, OF THE  9,896        

ASSOCIATION OF FRATERNAL INSURANCE COUNSELORS; a representative,   9,897        

appointed by the Governor, of private entities engaged in the      9,899        

business of providing continuing education to agents; a            9,900        

representative, appointed by the Governor, of financial            9,901        

institutions; two members of the House of Representatives, one     9,902        

from each party, appointed by the Speaker of the House of          9,903        

Representatives; and two members of the Senate, one from each      9,904        

party, appointed by the President of the Senate.  The              9,905        

Superintendent or the Superintendent's designee shall serve on     9,906        

the committee as a nonvoting member.                               9,907        

      The committee shall hold an organizational meeting within    9,909        

thirty days after the effective date of this section JUNE 30,      9,911        

1998.  At the organizational meeting, the voting members of the                 

committee shall elect a chairperson and a vice-chairperson for     9,912        

the committee.  The committee shall meet at the call of the        9,913        

chairperson.                                                       9,914        

      The committee shall study all aspects of the continuing      9,916        

education requirements for insurance agents as set forth in the    9,917        

Revised Code and the Administrative Code, and shall be charged     9,918        

with providing findings and recommendations on how any aspect of   9,919        

these requirements may be improved.                                9,920        

      The study shall include, but is not limited to, an           9,922        

                                                          214    


                                                                 
examination of issues related to the following questions:          9,923        

      (A)  Will a reduction in the biennial continuing education   9,926        

requirement satisfy the continuing education requirements imposed  9,927        

by other states on nonresident agents?                             9,928        

      (B)  What are the best methods for assuring the quality of   9,931        

continuing education courses and programs of study?                9,932        

      (C)  Is the Superintendent of Insurance's annual approval    9,935        

of a continuing education course or program of study necessary if  9,936        

there is no change in the course's or program's curriculum, or     9,937        

could a course or program of study be approved for a longer        9,938        

period of time?                                                                 

      (D)  Could the process of approval for continuing education  9,941        

courses and programs of study be streamlined, to provide for a     9,942        

more timely and efficient process of approval?                     9,943        

      (E)  Should an agent receive continuing education credit     9,946        

for completing courses or programs of study that pertain to        9,947        

subjects outside of the agent's area of practice or licensure?     9,948        

      (F)  What is the optimal number of hours of instruction a    9,951        

statutory continuing education requirement should require agents   9,952        

to complete?                                                                    

      (G)  Should continuing education requirements include a      9,955        

minimum number of hours of courses or programs of study on         9,956        

ethics?                                                                         

      (H)  Should the completion of a correspondence course,       9,959        

which course requires the successful completion of a test on the   9,960        

course material, be an optional method for an agent's fulfillment  9,961        

of continuing education requirements?                              9,962        

      (I)  Should minimum requirements be established for          9,965        

instructors of continuing education courses, such as minimum       9,966        

industry experience and a current agent's license?                 9,967        

      (J)  Should an agent be limited as to the number of hours    9,970        

of continuing education credit that the agent may earn from        9,971        

private providers and associations or from insurance companies,    9,972        

as a percentage of the total number of hours of continuing         9,973        

                                                          215    


                                                                 
education credit that the agent earns, or is permitted to earn,    9,974        

during a single compliance period?                                              

      (K)  Should an agent receive continuing education credit     9,977        

for completing sales-related courses or programs of study?         9,978        

      (L)  Should an agent's receipt of any special designation    9,981        

exempt the agent from the completion of further continuing         9,982        

education requirements?                                                         

      (M)  Has the continuing education requirement improved the   9,985        

quality of licensed insurance agents?                                           

      (N)  Would a system in which agents certified their          9,987        

compliance with continuing education requirements to the           9,988        

Superintendent, which system included a program of random          9,989        

verification of agent compliance by the Department of Insurance,   9,990        

be a feasible alternative to the current system of continuing      9,991        

education compliance verification?                                 9,992        

      The committee shall hold a sufficient number of public       9,994        

hearings outside of Franklin County to provide interested parties  9,995        

throughout the state a chance to voice their opinions and make     9,996        

recommendations with regard to the continuing education            9,997        

requirements for insurance agents.                                 9,998        

      The committee shall issue an interim report within nine      10,000       

months after the effective date of this section JUNE 30, 1998.     10,002       

The committee shall issue its final report within eighteen months  10,003       

after the effective date of this section JUNE 30, 1998.  Copies    10,004       

of the interim and the final reports shall be submitted, at the    10,005       

time of their issuance, to the Speaker of the House of                          

Representatives, to the President of the Senate, to the Governor,  10,007       

to the chair of the House committee having primary jurisdiction    10,008       

over insurance legislation, to the chair of the Senate committee   10,009       

having primary jurisdiction over insurance legislation, to the     10,010       

Superintendent of Insurance, and to the Insurance Agent Education  10,011       

Advisory Council.  The committee may request staff assistance      10,012       

from the Legislative Service Commission as needed for the          10,013       

completion of the reports.  Upon the issuance of its final         10,014       

                                                          216    


                                                                 
report, the committee shall cease to exist."                       10,015       

      Section 6.  That existing Section 6 of Am. Sub. S.B. 154 of  10,017       

the 122nd General Assembly is hereby repealed.                     10,018       

      Section 7.  That Section 194 of Am. Sub. H.B. 215 of the     10,021       

122nd General Assembly be amended to read as follows:              10,022       

      "Sec. 194.  Insurance Tax Phase-in Schedules                 10,024       

      Sections 1731.07, 5725.18, 5725.181, 5729.03, and 5729.031   10,026       

of the Revised Code, as amended or enacted by this act AM. SUB.    10,028       

H.B. 215 OR SUB. H.B. 698 OF THE 122nd GENERAL ASSEMBLY, shall     10,030       

first apply to tax year 1999 and shall be implemented according    10,031       

to the following schedule:                                         10,032       

      (A)  For tax years 1999 through 2002, the tax imposed under  10,034       

section 5729.03 of the Revised Code on the gross premiums of       10,035       

foreign insurance companies that are not health insuring           10,036       

corporations shall be EQUAL THE SUM OF THE AMOUNTS computed UNDER  10,038       

DIVISIONS (A)(1) AND (2) OF THIS SECTION.                          10,039       

      (1)  WITH RESPECT TO THE GROSS PREMIUMS OF THE COMPANY,      10,041       

EXCLUSIVE OF PREMIUMS RECEIVED UNDER MEDICARE OR MEDICAID, THE     10,043       

AMOUNT COMPUTED using the following rates:                         10,044       

                                         The percentage of         10,047       

         For Tax Year                       premiums is            10,048       

             1999                               2.3%               10,049       

             2000                              2.09%               10,050       

             2001                              1.84%               10,051       

             2002                              1.62%               10,052       

      (2)  WITH RESPECT TO PREMIUM RATE PAYMENTS RECEIVED BY THE   10,056       

COMPANY, EXCLUSIVE OF PAYMENTS RECEIVED UNDER MEDICARE OR          10,058       

MEDICAID, IF THE COMPANY OPERATES A HEALTH INSURING CORPORATION    10,059       

AS A LINE OF BUSINESS, THE AMOUNT COMPUTED USING THE FOLLOWING     10,060       

RATES:                                                                          

                                     THE PERCENTAGE OF PREMIUM     10,063       

         FOR TAX YEAR                     RATE PAYMENTS IS         10,066       

             1999                               .21%               10,067       

             2000                               .42%               10,068       

                                                          217    


                                                                 
             2001                               .60%               10,069       

             2002                               .80%               10,070       

      (B)  For tax years 1999 through 2002, the tax imposed under  10,073       

section 5725.18 of the Revised Code on domestic insurance          10,074       

companies that are not health insuring corportaions CORPORATIONS   10,075       

shall equal the sum of the amounts computed under division         10,076       

DIVISIONS (B)(1) and (2) of this section.                          10,077       

      (1)  The tax computed according to the method prescribed in  10,079       

section 5725.181 of the Revised Code, as enacted by this act AM.   10,081       

SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, multiplied by the     10,082       

percentage prescribed as follows:                                  10,083       

                                       Multiply the tax under      10,085       

                                        section 5725.181 of        10,086       

         For Tax Year                   the Revised Code by        10,087       

             1999                               79%                10,088       

             2000                               58%                10,089       

             2001                               40%                10,090       

             2002                               20%                10,091       

      (2)  The tax computed using ACCORDING TO the percentage of   10,094       

gross premiums METHOD prescribed by IN section 5725.18 of the      10,096       

Revised Code, as amended by this act SUB. H.B. 698 OF THE 122nd    10,098       

GENERAL ASSEMBLY, multiplied by the percentage prescribed as       10,099       

follows:                                                                        

                                          Multiply the tax         10,101       

                                       under amended section       10,102       

                                           5725.18 of the          10,103       

         For Tax Year                     Revised Code by          10,104       

             1999                               21%                10,105       

             2000                               42%                10,106       

             2001                               60%                10,107       

             2002                               80%                10,108       

      (C)  For tax years 1999 through 2002, the tax imposed under  10,112       

sections 5725.18 and 5729.03 of the Revised Code on domestic and                

foreign insurance companies that are health insuring corporations  10,113       

                                                          218    


                                                                 
shall be computed using the following rates:                       10,114       

                                                                   10,116       

                                     The percentage of premium                  

                                                                   10,118       

         For Tax Year                     rate payments is                      

                                                                   10,119       

             1999                               .21%                            

                                                                   10,120       

             2000                               .42%                            

                                                                   10,121       

             2001                               .60%                            

                                                                   10,122       

             2002                               .80%                            

      (D)  For tax years 1999 through 2002, the minimum tax for    10,124       

domestic insurance companies taxed under sections 5725.18 and      10,125       

5725.181 of the Revised Code, the minimum tax for foreign          10,126       

insurance companies taxed under section 5729.03 of the Revised     10,127       

Code, and the minimum tax for COMPANIES THAT ARE health insuring   10,128       

corporations taxed under those sections shall equal the amount     10,129       

prescribed as follows:                                                          

         For Tax Year                    The minimum tax is        10,131       

             1999                               $50                10,132       

             2000                               $100               10,133       

             2001                               $150               10,134       

             2002                               $200               10,135       

      (E)  For tax years 1999 through 2002, the credit available   10,137       

under section 5729.031 of the Revised Code may be claimed against  10,138       

the tax imposed on foreign insurance companies as computed under   10,139       

division (A) of this section, against the tax imposed on domestic  10,140       

insurance companies as computed under division (B) of this         10,141       

section, or against the tax imposed on COMPANIES THAT ARE health   10,142       

insuring corporations as computed under division (C) of this                    

section.  The credit shall equal a percentage of the amount        10,144       

computed under division (C) of section 5729.031 of the Revised                  

                                                          219    


                                                                 
Code according to the following schedule:                          10,145       

                                           Percentage of           10,147       

         For Tax Year                      credit allowed          10,148       

             1999                               20%                10,149       

             2000                               40%                10,150       

             2001                               60%                10,151       

             2002                               80%                10,152       

      As used in this section, "health insuring corporation" has   10,155       

the same meaning as in section 1751.01 of the Revised Code, and    10,156       

"tax year" means the calendar year in which the tax imposed on     10,157       

the insurance company or health insuring corporation is charged."  10,158       

      Section 8.  That existing Section 194 of Am. Sub. H.B. 215   10,160       

of the 122nd General Assembly is hereby repealed.                  10,161       

      Section 9.  Pursuant to the authority granted under section  10,163       

3905.29 of the Revised Code, the Superintendent of Insurance       10,164       

shall modify the forms on which annual financial statements are    10,165       

submitted by domestic and foreign insurance companies to include,  10,167       

as a separate item, the amount of premium rate payments received,  10,168       

exclusive of payments received under Medicare or Medicaid, by any  10,169       

such insurance company that operates a health insuring             10,170       

corporation as a line of business.                                              

      Section 10.  (A)  Until November 1, 1999, the Director of    10,173       

Health shall not adopt any rule, whether by adopting, amending,    10,174       

or rescinding a rule or by submitting a rule for review under      10,175       

section 119.032 of the Revised Code, that has the effect of        10,176       

allowing cardiac catheterization to be performed without an        10,177       

on-site open-heart surgery service.                                             

      (B)  In 1999, the Director of Health shall appear three      10,180       

times before the standing committee of the House of                             

Representatives that primarily deals with health matters and the   10,181       

standing committee of the Senate that primarily deals with health  10,183       

matters to report on the progress of the Department of Health in   10,184       

collecting statewide and national data on the outcomes of cardiac  10,185       

catheterization performed without an on-site open-heart surgery    10,186       

                                                          220    


                                                                 
service.  The first appearance before each committee shall be      10,187       

made not later than April 1, 1999.  The second appearance shall    10,188       

be made not sooner than 30 days after the first appearance, but    10,189       

not later than June 1, 1999.  The third appearance shall be made   10,190       

not sooner than 30 days after the second appearance, but not       10,191       

later than October 1, 1999.  At the third appearance, the          10,192       

Director shall make a final report on the Department's findings.   10,193       

The Director shall submit a written copy of the report to the      10,194       

Speaker of the House of Representatives and the President of the   10,195       

Senate.                                                            10,196       

      Section 11.  For purposes of determining whether a dental    10,198       

hygienist has met the experience requirements specified in         10,199       

division (C)(1) of section 4715.22 of the Revised Code, as         10,200       

amended by this act, all experience that the dental hygienist                   

obtained prior to the effective date of this act shall be          10,201       

counted.                                                                        

      Section 12.  Sections 3701.18 and 4503.104 of the Revised    10,203       

Code, as enacted by this act, shall take effect on the first day   10,204       

of the month that follows the month that includes the day that is  10,205       

the ninetieth day after the effective of this act.                 10,206       

      Section 13.  The amendment of sections 5112.01 and 5112.08   10,208       

of the Revised Code by this act is not intended to supersede the   10,209       

repeal of those sections effective July 1, 1999.                   10,210       

      Section 14.  The repeal of sections 5111.75, 5111.77,        10,212       

5111.771, and 5111.811 of the Revised Code is intended to confirm  10,213       

that such repeal was the result intended by the General Assembly   10,214       

in enacting Am. Sub. S.B. 62 and Am. Sub. S.B. 150 of the 121st    10,215       

General Assembly.  The earlier of the two acts, Am. Sub. S.B. 62,  10,216       

repealed the sections in pursuance of its specific purpose of                   

abolishing the Legislative Committee on Medicaid Oversight.  The   10,217       

later of the two acts, Am. Sub. S.B. 150, purportedly amended the  10,218       

sections as they related to its general purpose of revising the    10,219       

health care and insurance laws.  The later act, Am. Sub. S.B.      10,220       

150, did not have a purpose sufficiently independent from that of  10,221       

                                                          221    


                                                                 
Am. Sub. S.B. 62 such as to revive the sections.                                

      Section 15.  Section 3901.21 of the Revised Code is          10,223       

presented in this act as a composite of the section as amended by  10,224       

both Sub. H.B. 374 and Am. Sub. S.B. 70 of the 122nd General       10,225       

Assembly, with the language of neither of the acts shown in        10,226       

capital letters.  Section 3924.08 of the Revised Code is                        

presented in this act as a composite of the section as amended by  10,228       

both Sub. H.B. 374 and Am. Sub. S.B. 67 of the 122nd General       10,229       

Assembly, with the new language of neither of the acts shown in    10,232       

capital letters.  This is in recognition of the principle stated   10,233       

in division (B) of section 1.52 of the Revised Code that such      10,234       

amendments are to be harmonized where not substantively            10,235       

irreconcilable and constitutes a legislative finding that such is  10,236       

the resulting version in effect prior to the effective date of     10,237       

this act.